Page:United States Statutes at Large Volume 31.djvu/493

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 441 Sec. 683. An offer of compromise is not an admission that anything mfg";‘g§f,g;’,m{"Qm*“° ` is due; and no evidence thereof shall be permitted. SS °" Sec. 684. In an action for the dissolution of the marriage contract on ,€g?Ql{°g§Qg;L_•;f, if'- the ground of adultery, a confession of adultery, whether in or out of " '°' thep eadingsi, is not of itself sufficient to justify a decree of dissolution. , CHAPTER Sxxrr-nxorrr. on rnoonnmnos ·ro rnnrnrunrn rnsrmonr. Sec. Sec. 685. Evidence may be perpetuated. i 689. Papers Eled withdeposition, primary 686. Order for examinatmn, how ob- evidence. tained. ‘ _ 690. When the deposition may be used. 687. Service of the order and not1ce in 691. How objecte to when produced. case of nonresidents. 692. Power and duty of the officer taking 688. How taken and where filed. deposition. Sec. 685. The testimony of a witness may be taken conditionally eEV*Q§;·;% my be and perpetuated as provided in this chapter. P ee ` Sec. 686. The or er for taking the testimony may be made by any uQJ¤d§;“{¤rbgg!¥;¤;1m· judge of the district court upon the application of the party desiring °° ` 1ti when it appears from the petition of such party, ver11'ied as a comaint—· P First. That the applicant is a party or expects to be a party to an action or proceeding in a court in the district, or that he has an interest in real property or some easement or franchise therein about which a controversy may arise which would be the subject of such an action or éyroceedmgg econd. That the testimony of a witness, whose name and place of residence is stated, is material to the prosecution or defense, as the case maly be, of such action or proceeding, or possible controversy, and " general y the question involved therein, and the facts expected to be proved by the witness; Third. The names and residence of the adverse parties or persons adversely interested, so far as the applicant knows or can ascertain them. The judge may thereupon in his discretion make an order allowing the examination, prescri ing therein the place thereof, and how long before the exam1nation the order and notice of the time and place therefor shall be served. ` Sec. 687. If it ap ear that the adverse parties or persons adversely §;Mg¢c¤fi¤¤i;>Sfgg; interested, O1' any of) them, reside out of the district, or are unknown, ililni-isheiirsu the judge shall d1rect that, as to such parties or persons, service of the . order and notice shall be made by pub ication,. in the same manner as a summons. Upon proof of the service, the deposition may be taken conditionally by the judge who made the order of examination, or by anv other officer or person therein designated. Sec. 688. Every interrogatory or answe1·, or declaration of the wit- v_,,§§j,Q§,fe“g§°" *‘“" ness, shall be taken down, unless the parties otherwise agree. The deposition, when completed, shall be carefully read to and subscribed by the witness, and then certified by the judtge or other officer or person taking the same and immediately therea ter Hled in· the office of the clerk of the court, together with the order for the examination of the witness, the petition on which the same was granted, the notice, ang the prooéwcif service of She oxglerilang. notice. d h med wi h no. 689. e a ers e wit the e osition, as re uire by the Pavsfs. ° last section, or alizelitined copy thereof, age rimary evlildence of the gsiiiiiiii? Primm ficts stated therein to show compliance with the provisions of this c a ter. Sino. 690. If thereafter a trial be had between the persons named in t,,f;*;g:‘_,@l;°uS‘gg?”*‘ the petition as parties actual, expectant, or possible, or their repre- ' sentatives or successors in interest. upon proof of the death or insan-