Page:United States Statutes at Large Volume 32 Part 1.djvu/606

 540 F IFTY-SEVENTH CONGRESS. Sess. I. Ch. 1329. 1902. mitted to the court in the District of Columbia. in which the cause is pending, and by him deposited, postage prepaid, in the United States mail. m;¢$,*g{*)ggdu*£ed“*· "If, at the time of trial, the witness can be produced to testify in ' open court the deposition shall not be read in evidence· but if the attendance of the witness can not be produced then the said deposition _ shall be admissible in evidence, subject to such objpctions to the questions and answers as were noted at the time of ta in the deposition, pir within ten days affter the return thereof, and woigld be valid were e witness persona y present in court. - mQ:P:g¤g{)•f§{°;:;j “In any case where the interests of justice may require the supreme petuam mx memo- court of the District of Columbia may grant a dedimus potestatem to ""“‘ take depositions according to common usage, and may, according x> . ‘ the usages of chancery, direct depositions to be taken in perpetuam _ rei memoriamgxhngy relaltg to any matters that might be cognizable in an court o e United States. · ‘ I·°"*°¤" ¥°¤*°¤'¥ *°¤' " ld’heu the testimony of an witness residing in any place not mad' within the sovereignty of the Uinited States is desired in any cause pending in any court of the District of Columbia, the same may be taken upon interrogator1es and cross-interrogatories filed in said court, and transmitted by said court under letters rogator, addressed to some gourtiof record in the foreign State in whic witness is then to be oun . 9,;*;} g1°P;¤1'g&j· Amend_section 1060 by insertinlg in the fifth line thereof, after the word "District," the words " ora   or." Amend section 1062 so that it wi read as follows: m  "Smo. 1062. Comnssxons mom oomrrs our or cum DISTRICT.- va. sn, p. xm. When a commission is issued by an court of the United States or of. u,,]Q°§3_"’°°" "` any State or Territory or of any place under the jurisdiction of the United States, for taking the testimony of witnesses within the Dismf,6§·,°gf¤· 8“· my trict of Columbia, the same proceedings shall be had in relation thereto ' as are directed by sections eight hun red and sixty-eight and eight hundred and sixty-nine of the Revised Statutes of the lhiited States." Amend section 1065 so that it will read asfollows: “;=g§¤°g; egg de “Sec. 1065. Tr1s·rnuonY or nncmsnn on insane PARTY.-—If aparty, von. kia5v.' after having testified at a time when he was competent to do so, shall tefgggm my “' die or become insane or otherwise incapable of testnfying, his testimony may be given in evidence in any trial or hearing in relation to the same subjecbmatter between the same parties or their legal representatives, as the case may be;”and in such case the opposite party may testify in 0 sition t .creto. <{,grjn5¢‘;¢gg$¤¤¤¤r- Fggiie nd] section 1067,by striking out in the third line thereof the words ``‘ other t an r'ury. f At the enélgbef hhalpter twenty-five, following section 1073, insert the ol owing a itiona section: m‘§°d,jj',§l§{ng°§,,},'g{j Sec. _107 3a. Whenever the court shall be satisfied that the party wggjvg slgagwnu. producing a witness has been_ taken by surprise by the testimony of ' ‘such witness, such party may, in the discretion of the court, be allowed to prove, for the urpose only of affecting the credibility of the witness, that the witness has made to such party or to his attorney statements substantially variant from his sworn testimony about material facts in the cause; but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be gxentitined to the witngsg, anduhe inlust be asked gvhether or not he ma e suc statements an i so a owe to exp ain them. , m{§§;,S‘f“ °‘¥“*°‘bl° Amend section 1079 bv adding at the end thereof the words "and v¤1.a1, p.1s5s>. shall also ze a lign pponlthe Equitable intergst of the judgment defend— _ _ _ ant in goo s an c atte s in is possession. esQ§,;_“*°‘” °” ‘°¤°‘ Amend section 1082 by inserting in the eighth line thereof, after the v<>1.s1,p.1:ssc. word "all," the word " egal."