Page:1862 Territory of Dakota Session Laws.pdf/126

CHAP. VIII.] such officer may retain the same until such fees are paid. Such officer shall also tax the costs of the sheriff, or other officer, who shall serve the process aforesaid, and fees of the witnesses, and may also, if directed by the persons entitled thereto, retain such deposition until the said fees are paid.

. 369. Exceptions to depositions shall be in writing, specifying the grounds of objection, and filed with the papers in the cause.

. 370. No exception other than for incompetency or irrelevancy shall be regarded, unless made and filed before the commencement of the trial.

. 371. The court shall, on motion of either party, hear and decide the questions arising on exceptions to depositions, before the commencement of the trial.

. 372. Errors of the court in its decisions upon exceptions to depositions are waived unless excepted to.

. 373. Either party may exhibit to the other or to his attorney, any time before the trial, any paper or document material to the action, and request an admission of writing in genuineness. If the adverse party or his attorney fail to give the admission in writing, within four days after the request, and if the party exhibiting the paper or document be afterwards put to any cost or expense to prove its genuineness, and the same be finally proved or admitted on the trial, such costs and expenses, to be ascertained at the trial, shall be paid by the party refusing to make the admission, unless it shall appear, to the satisfaction of the court, that there were good reasons for the refusal.

. 374. Either party, or his attorney, may demand of the adverse party, an inspection and copy, or permission to take a copy of a book, paper, or document, in his possession or under his control, containing evidence relating to the merits of the action or defence therein. Such demand shall be in writing, specifying the book, paper, or document, with sufficient particularity to enable the other party to distinguish