Page:Federal Reporter, 1st Series, Volume 7.djvu/62

 50 FEDERAL REPORTE». �eame through the mail from San Francisco, addressed to the clerk of this court, was received by the latter accordingly, was marked with the style of the case, and had the usual indorse- ment across the seal. It cannot be supposed that before seal- ing the envelope the officer was bound to certify in the en- «losed certificate that he had done what could net be done until after the sealing. �The other objections are toc vague and indefinite to require notice. It is not to be understood that this court will relax Any rule "which is proper or essential to enable it to ascertain definitely that depositions are taken within the requirements of the aets of congress, and with due regard to the interest of contesting parties. �There are in civil cases, as stated in the act of 1789, and as continued in all subsequent legislation, two grounds for taking depositions : �(1) That the witness lives at agreater distance than 100 miles from the place of trial ; (2) that, if living within 100 miles, he is bound on a voy- age to sea, or is about to go out of the United States, etc., etc. �If it definitely appears that the wituess resides more thau 100 nules distant, the ground for taking the same is within the terms of the statutes; and in order to read the same nothing further is required, provided the saine was properly taken and certified. Under the second head, it may be that if objection is made the court would refuse to hear the deposition if it appeared that the witness was still within 100 miles. The several provisions of the United States laws on this subject are embodied in section 863 et seq.; and by an examination of the varions prier acts of congress indicat- ing the course of legislation on the subject, and the many decisions made from time to time under the then-existing statutes, it will be seen that under section 863 reasonable no- iice must now be given in writing by the party or his attorney to the opposite party or his attorney, as either may be near- ^st, which notice shall state, eic, Pursuant to this section the depositions in this case were taken, and, it is haldytaken in due conformity with the statutes, as sufficiently appears from the record, notice, and certificate. ��� �