Page:United States Statutes at Large Volume 31.djvu/486

 434 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. try, otherwise than upon commission, must be authenticated as follows before it can be used in the district: - First. It must be certified by a commissioner appointed by the overnor of the district to take affidavits and depositions in such State, Territory, District, or country, or Second. It must be certified by a judge of a court having a clerk and a seal to have been taken and subscribed before him at a time and place therein specified, and the existence of the court, the fact that such judge is a member thereof, and the genuineness of his signature _ shall be certified by the clerk of the court, under the seal thereof. b€A‘gig;~*ii.~vho¤m¤i’ Sec. 638. An affidavit may be used to prove the service of a sum- ` mons, notice, or other paper in an action or proceeding to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, or upon a motion, and in a·ny other case expressly provided for by law, except as provided in the next section. bewhcg **%*0******* *2 Sec. 639. Whenever a provisional remedy has been allowed upon afiipI‘0 UCB foI‘C1`0SS,. . . examination. davit, the party against whom it IS allowed may serve upon the party by whom it wasobtained a notice requiring the person making the afiidavit to be produced before some officer authorized to administer oaths, therein named, for cross-examination. Thereu on the party to whom the remedy was allowed shall lose the benefit of £e afHdavit and all proceedings founded thereon, unless within eight days, or such other time as the court or judge thereof may direct, upon a previous notice to his adversary of at least three days, he produce the deponent for examination before the —ofIicer mentioned in the notice, or some other of like authority, provided for in the order of the court or judge. Upon such production the deponent may be examined by either party, but a party shall not be obliged to produce a witness for examination as in this section provided, except within the district where the provisional remedy was allowed. byP;&>,§gj,i;¤bli°¤ti°¤ Sec. 640. Proof of the publication of a document or notice required ' by law, or by an order of court or a judge, to be published ina newsaper, may be made by the affidavit of the printer of the newspaper or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publica- · tion was made. But such affidavit must be made within six months after the last day of publication. bawggg aiggvigggzsj Sec. 641. If such affidavit be made in an action or proceeding pendtnereer.’ ing in a court, it may be filed with the clerk thereof; and the same is · primary evidence of the facts therein stated. CHAPTER Srxcrr-onn. on DEPOSITIONS. sec. Sec. 642. Deposition, when used. j 644. When deposition taken of witness 643. Testimony of witness out of the within district. district. i Deposition. when Sec. 642. In all cases other than those mentioned in section six “S"d‘ hundred and thirty-eight where a written declaration under oath is used, it must be a deposition. Testimony of wir- Sec. 643. The testimony of a witness out of the district may be f§°§_°u° °£ th° dm` taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceedin at any time after a question of fact has arisen therein. when doposiiion {Sec. 644. The testimony of a witness in the district may be taken i$k.§l§t°§iQKm°“ rr by deposition, in an action, at any time after the service of the summons, or the appearance of the defendant; and in a special proceeding after a question of fact has arisen therein, in the following cases: