Page:United States Statutes at Large Volume 32 Part 1.djvu/605

 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1329. 1902. 539 “Fourth. If during the trial any witness is unable, by reason of I“°'°““’"‘° ““°“d· sickness or other cause, to attend the trial, the deposition of such witgness n1ay, in the discretion of the court, be taken and read at the tr1a . ` "Anyfsuch deposition may be taken before any judge of any court 0m°*"“““’°'*“"· of the nited 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 of the United States: Provided, f*m.t That no such person Shall be eligible to take such deposition who is nc gl 1 y' counsel or attorney for an 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 Notice 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, ot the party himself, which notice shall specify the 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. "]n all cases in rem the person having the agency or possession of sigfmns in Wwthe roperty at the time of seizure shall be deemed the adverse party ` until)a claim shall have been put in, when the claimant and the person hlaving the agency or possession as aforesaid shall both be entitled to t e notice. "Summons to any witness to appear and testify shall be issued by S¤¤¤¤¤¤¤¤- the 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 testify by the officer before whom the deposition is to be taken in the same manner as witnesses may be compelled to appea1· and testify in court; and for the purpose of executing the dprovisions of this section any of the persons authorized to take such e sitions are hereby vested with all the wer and authority for compellin the attendance of the witness andptlhe giving of his testimony whimgi by law or usage are vested in any of the judges of the courts of the United States, and shall be entitled, upon summary a plication, to the aid of the courts of the United States to compel suclh attendance and givixjg of testimony. emnl * and truly aiiirm to tell the truth, the whole truth, and nothing but the truth in answer to such questions as are proponnded 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 uestions propounded to the witness and the answers of the `M¤¤¤¢¤<>*¤¤¤¤z- witness thereto shall be taken down in writing; and the same may be taken down stenographicall by the officer taking the deposition or a com tent and disinterestedystenogxapher engaged by him, and after wardiig transcribed into writing or typewriting, and, in the presence of the officer taking the deposition, read over to the witness, and signed by him. If the witness be unable to write or refuse to si n the epo- _ sition, the officertaking the same shall certify the fact and the reason, if any, assigned by the witness. "The de sition of the witness or witnesses, together with the cer- Tr¤¤¤mi¤¤i<>¤· titicate of thi; officer taking the same, shall be by said officer sealed up and indorsed with the title of the cause in which the deposition is taken, and the cost of taking the same and by whom paid, and by him trans-
 * ‘ very person deposing as herein provided shall first swear or sol- 0¤¤¤·<=¢<=·