Page:United States Statutes at Large Volume 47 Part 1.djvu/1138

 1114 72d C ONGR ESS. SESS. II. CH.. 127. FEBRUARY 27, 1933 . When ou tsi de of Ca- SEC. 1176. AFFI DAVIT OU T OF ZONE, HOW TAKEN .-An affidavit taken nal Zone. in a State of the United States, to be used in the Canal Zone, may be taken before a commissioner appointed by the Governor of the P anama Cana l to take affid avits and depos ition s in such State , or befor e any nota ry pu blic in a State , or befor e any judg e or clerk ofa court of record having a seal. In fore ign cou ntry. SEC. 1177. IF M ADE IN A FOREIGN COUNTRY, BEFORE WH OM TAKEN : An affidavit taken in a foreign country to be used in the Canal Zone, may be take n bef ore an amb assad or, m inist er, c onsul , vic e-con sul, or co nsula r age nt of the Unite d Sta tes, or be fore any, judge of a court of re cord havin g a s eal in suc h for eign count ry. Certificate of clerk, When taken outside Ca- SEC. 1178. CERTIFICATE OF THE CLERK, IF TAKEN BEFORE A JUDGE OF A nal Zone. COURT OUT OF THE z oxE .-Whe n an affid avit is ta ken b efore a ju dge of a court in a state, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a memb er th ereof , mus t be certi fied by the cle rk of the court, under the seal thereof. Depositions. DEP OSITI ONS IN GEN ERAL When used. SEC. 1179. DEPOSITIONS, WHEN USED .-In all cases ot her t han those Ante, p. 1113. mentioned in section 112, where a written declaration under oat h is us ed, it must bea deposition as pr esc ri bed by this code. Taking of, outside SEC . 1180 . TESTIMONY OF A WITNESS OUT OF THE Z ONE, WHEN Can al Zon e. TAKEN :The testimony of a witness out of the Canal Zone may be taken b deposition in the following cases 1st. In an action, at any time after the service of summons. or the appearance of the defendant. 2d. In a spe ci al proceeding, any t ime after a question of f act has arisen therein. 3d. Where default has been made by any or all of the defendants. Within Canal Zone. SEC. 1181. DE POSIT IONS I N THE. ZONE, WHEN TAKEN,-The testimony of a witness in the Canal Zone may be taken by deposition in an action at any time after the service of the summons or the appear- an ce of the defendant, and in a special proceeding after a question of fa ct has arisen therein, in the following eases I. When the witness is a party to the action or proceeding or an off ice r or member of a corporation which is a pa rty to the action or proce eding , or a per son for wh ose i mmedi ate b enefi t the acti on or proce eding is p rosec uted or defended ; 2. W hen the wi tness resi des out of the subdi visio n in which his testimony is to be used ; 3. W hen the wi tness is a bout to le ave the su bdivi sion where the action is to be tried, and will probably continue absent when the tes- timony is required ; 4 . When the witness, otherwise liable to attend the trial, is nevertheless too infirm to attend ; 5. When the testimony is required upon a motion, or in any other ca se where the or al examination of the witness is not required 6. When the witness is the only one who can establish facts or a Proviso. fac t mat er ial to the issue : Provided, Th at the deposition of such cannbe produced. `tne3s witness shall not be used if his presence can be procured at the time of the trial of the cause . Reading of deposition SEC. 1182. DEPOSI TION M AY B E READ IN EVIDENCE B Y EITHER PARTY. -- in evidence. Ante, p .1112. A deposition ta ken and returned, as provided in sections 1167 to Exc ept ion. Po st 1190, may, except as provided in section 1192, be read in evidence b , p. ilitl. Ys Y either party at any sta ge of the action or pr oce ed ing in which .it was taken, or in any other action or proceeding be twe en the sam e parties or their privies or successors in interest upon'the same sub-