Page:United States Statutes at Large Volume 31.djvu/488

 436 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. by a written notice to the other withingthree days from the service of the original notice, re uire it, it shall be taken upon written interrogatories, to be settled, if not agreed upon, by the same officer and in the same manner as in case of a deposition upon commission; and in such case the deposition shall be taken, certified, and directed by the commissioner in the same manner as a deposition upon commission. CHAPTER SIXTY-THREE. or THE MANNER or TAKING DEPOSITIONS IN THE DISTRICT. Sec. Sec. 652. Depositions in the district, when ‘ 656. May be used by either party; objectaken, and notice thereof. tions to relevancy or orm. 653. How taken; either party may at- 657. Proof before using certain depositend. . tions; insufficient notice. · 654. Certificate of officer. l 658. Depositions may be read_ at any 655. Deposition, to whom forwarded. , t1me; exclusion of a portion. .D°P°“i“°““ i“k“§,° Sec. 652. Either arty may take the testimony of a witness in the gi¤sf?district by depositiold, in the cases ·’allowed by this code, before the clerk of a court of record, or other person authorized to administer oaths, on iving the adverse party previous notice of the time and place of the examination, the name of the officer, and the witness; such notice shall be given at least three days before the day of the examination, if the distance of the place of examination from the residence of the person to whom notice is given does not exceed twenty- five miles, an_d one day in addition for every additional twenty-five 'miles, unless the court or judge thereof by order prescribe ashorter time. When a shorter time is prescribed the order shall be served with the notice. pa’§,‘;,Wmf,“§k,§§j,n‘,§*h°’ Sec. 653. Either party may attend upon such examination and examine the witness upon oral interrogatories. The deposition shall be written by the officer taking the same, or by the witness, or by some disinterested person, in the presence and under the direction of such officer. When completed it shall be read to or by the witness and subscribed by him. Before subscribing it the witness shall be · allowed,·if he desire it, to correct or explain any statement in the deposition, but such statement, although corrected and explained, shall remain a part of the deposition. C°'°m°’*“’°‘°’“°°"· Sec. 654. _The officer takin the deposition shall append thereto his certificate, under the seal of gis office, if there be a seal, to the effect that the deposition was taken before him, at a lace mentioned, between certain hours of a day or days mentioned, and) reduced to W1'ltlDg by a person therein named; that, before proceeding to the examination, the witness may be duly sworn to tel the truth, the whole truth, and nothing but the truth; that the deposition was read to or by the witness and then by him subscribed. f6§v$§§g’;§g?“·”Wh°m Sec. 655. The officer taking the deposition shall inclose the same in a sealed envelope, directed to the clerk of the court, or the justice of the peace before whom the action or proceeding is pending, or such other person as may by writing be agreed u on, and deliver or fO1'W3.1‘d the same accordingly by mail or other usual) channel of conveyance. eiffg ,‘}§,,,;,‘,‘°§bjQgf Sec. 656. A deposition taken pursuant to the provisions of this gr; tv relevancy or chapter may be used_ by either party upon the trial or, proceeding ` against any party giving or receiving the notice, subject to all legal exceptions. But no objections can be made at the trial to the relevancy of the testimony or the form of the interrogatory, unless the same appear by the deposition or written interrogatories to have been taken at the time of the examination or the settling of such interrogatories. Section six hundred and fifty-three, except the first sentence thereof, and sections six hundred and fifty-four and six hundred and