Page:United States Statutes at Large Volume 31.djvu/1409

 FIFTY-SIXTH CONGRESS. Sess. II. C11. 854. 1901. 1357 the preceding section, as the court may order and direct; and accord- ;;',;mg$,{£°l“°“* rei ing to the same usages the court may, upon application by any party ` interested, direct depositions to be taken in perpetuam rei meinoriam, in relation to matters that may be cognizable in the court. Sec. 1062. Commissions Enom oonirrs om: OF THE Drs·rn1o·r.—-When c,,‘f,‘;{Q,"§f,‘,Sfjg“;§,,,,f§g‘§ a commission is issued by any court of the United States or of any State ¤‘i<¤¤- for taking the testimony of a witness named therein within the District of Columbia, the same proceedings shall be had in relation thereto as are directed by sections eight hundred and sixty-eight and eight hundred and sixty-nine of the Revised Statutes of the United States. Sec. 1063. COMPETENCY or ·.·r1rNEssEs.——Except as herein elsewhere mg;>gP€*¢¤¢>’ af Wit provided, no person shall be incompetent to testify in any civil action ' or proceeding by reason of his being a party thereto or interested in the result thereof; but, if otherwise competent to testify, he shall be competent to give evidence on his own behalf and competent and compellable to give evidence on behalf of any other party to such action or proceeding. _ SEo. 1064.. TESTIMONY or sUEv1v1Nc. PARTY.——If one of the original ,,§,§;",§’g_’;‘,§_ °‘ Su" parties to a transaction or contract has, since the date thereof, died or become insane or otherwise incapable of testifying in relation thereto, the other party thereto shall not be allowed to testify as to any transaction wit or declaration or admission of the said deceased or otherwise incapable party in any action between said other party or any person claiming under him and the executors, administrators, trustees, heirs, devisees, assi nees, committee, or other person legally representing the deceased or othlerwise incapable party, unless he be first called upon to testify in relation to said transaction or declaration or admission by the other party, or the opposite party first testify in relation to the same, or unless the transaction or contract was made or had with an agent of the said deceased or otherwise incapable party, and said agent testiies in relation thereto., or unless called to testify thtéreto by the court. f Ec. 1065. TESTIMONY or DEoEAsE1> on INSANE rAn·rY.——I a arty, T€S“m<?¤Y of 6** after having testified at a time when he was competent to do sol? shall cm€dmDSm€pmy` die or become insane or otherwise incapable of testifying, his testimony may be given in evidence in a subsequent trial in relation to the same subject-matter between the same parties, or their legal representatives, as the case may be; and in such case the opposite party may testify in opposition thereto. Sec. 1066. PARTNERS.·—`/VhG1'B any of the original parties to a. con- P“’m°”· tract or transaction which is the subject of investigation are partners or other joint contractors, or jointly entitled or liable, and some of them have died or otherwise become incapable of testifying, any others with whom the contract or transaction was personally made or had, or in whose presence or with whose privity it was made or had, or admissions in relation to the same were made, shall not, nor shall the adverse party, be incompetent to testify because some of the parties or joint contractors, or those jointly entitled or liable, have died or otherwise become incapable of testifying. Sec. 1067. Convrorion or CRIME.—NO person shall be incompetent DOQ°¤,;i°gg;3;c§{;{;° to testify, in either civil or criminal proceedings, by reason of his etc. ' having been convicted of crime other than perjury, but such fact may be given in evidence to affect his credit as a witness, either upon the cross-examination of the witness or by evidence aliunde ; and the party cross-examining him shall not be concluded by his answers as to such matters. In order to prove such conviction of crime it shall not be necessary to produce the whole record of the proceedings containing such conviction, but the certificate, under seal, of the clerk of the court wherein such proceedings were had, stating the fact of tie conviction and for what cause, shall be sufficient.