Page:United States Statutes at Large Volume 31.djvu/1407

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1355 Second. \Vhere the witness is likely to go out of the United States or out of the Distinict to a place more than one hundred miles from the place of trial and not return in time for the trial. Third. WVhere the witness is infirm or aged, or for any other reason the party desiring his testimony fears he may not be able to secure the same at the time of trial, whether said witness resides within the District or not. Fourth. If during the trial any witness is unable, by reason of sickness or other cause, to attend the trial, the deposition of such witness may, in the discretion of the court, be taken and read at the trial. The deposition may be taken before any judge of any court of the —*’°“”°“’h°m- United States; before any commissioner or clerk of any court of the United States, or any examiner in chancery of any court of the United States; before any chancellor, {justice, or judge or clerk of any court of any State or Territory or other place under the sovereignty of the United States, or any notary public or justice of the peace within any place under the sovereignty or the United States: Provided, That no _{;{{g;;>£€d mom such person shall be eligible to take such deposition who is counsel or mma. p attorney for any party to the cause or who is in any wise interested in the event of the cause. Before proceeding to take the deposition reasonable written notice N°°i°€- of the time, place, names, and addresses of the witnesses shall be given by the party or his attorney proposing to take the deposition to the attorney of record, if there be one, of the adverse party, and if not, to the party himself, which notice shall be at least twenty days more than the time necessary to reach the place of taking such deposition, and shall specify they name or names of the witnesses, the time and place of taking the same, and the name and official character of the person before whom the same is to be taken ; but it shall not be lawful to require the adverse party to attend the taking of a deposition at more than one place on the same day. In all cases in rem the person having the agency or possession of Q? yljem sivw i¤ the property at the time of seizure shall be deemed the adverse party O S H mm until a claim shall have been put in, when the claimant and the person having the agency or possession as aforesaid shall both be entitled to the notice. When by reason of absence of the party or his attorney of record, —W*;¢¤€bl¤<>¢i¤¤ imor other cause, the giving of the notice herein required shall be impos— pm ma Q` sible or impracticable, and there shall be urgent necessity for taking such deposition, the notice shall be given in such manner as a justice of the supreme court of the District of Columbia shall direct. Summons to any witness to apxpear and testify shall be issued by the S¤¤¤¤°¤¤· person or officer before whom the deposition is to be taken, and served by the marshal of the United States or his deputy within the place where the witness resides; and the witness may be compelled to appear and ,m%‘;mP‘*m“g ’*“°€¤d· testify by the officer before whom the deposition is to be taken in the ` same manner as witnesses may be compelled to appear and testify in court; and for the purpose of executing the provisions of this section any of the persons authorized to take suc depositions are hereby vested with all the power and authority for compelling the attendance of the witness and the giving of his testimony which by law or usage are vested in any of the judges of the courts of the United States, and shall be entitled, upon summary application, to the aid of the courts of the United States to compel such attendance and giving of testimony. Every person deposing as herein provided shall first swear or sol- °“‘h·€"’°· emnly and truly affirm to tell the truth, the whole truth, and nothing but the truth in answer to such questions as are propounded to him by the parties or their counsel; and the adverse party or his counsel shall have the right to cross-examine such witness. The questions propounded to the witness and the answers of the b§g,‘;gfPgf»;“°“ my witness thereto shall be taken down in writing; and the same may be ’ I