Page:United States Statutes at Large Volume 47 Part 1.djvu/1140

 1116 72d C ONGRESS. SESS. II. CH. 127 . FE BRUARY 27, 1983 .. Ante, p. 1115. directed in the same manner as provided in section 1184, to take suchh evi denc e, u pon inte rrog ator ies to be propounded to the wit ness orally ; upon the taking of which each party may appear before the commission, in person or by attorney, and interrogate the witness. Notice to adverse The party desiring such testimony shall give to the other the fol- party. lowing notice of the time and place of taking the same, to wit : Ten days, and one day in addition thereto (Sundays included) for every three hundred miles' travel from the place of holding the court to the place where such deposition is to be taken. Fees and mileage. FEES AND MILEAGE .-When a party to a suit shall give the opposite party notice to take a deposition upon oral interrogatories, and shall fail to take the same accordingly, unless such failure be on account of the nonattendance of the witness, not occasioned by the fault of the party giving the notice, or some other unavoidable cause, the party notified, if he shall attend himself or by attorney, agreeably to the notice, shall be entitled to $2 per day for each day he may attend under such notice, and to 6 cents per mile for every mile that he shall necessarily travel in going to and returning from the place designated to take the deposition, to be allowed by the court where the suit is pending and for which execution may issue. Authorit yofeommis- S EC. 1187 . AUTHO RITY OF COMMISSIONER .-The co mmissi on mus t sinner. authorize the commissioner to administer an oath to the witness and 4o take his dep osition i n answer to the interrog atories, Or wh en the examination is to be without interrogatories, in respell to the question in dispute, and to certify the deposition to the court, in a sealed to the judge thereof, and fo rward to him by mail or other usual chan nel of conveys fee. Postponernentoftrial ,Sxv- 1188. TITAL,, WAN POSTPONED FOR REASON OF NOD of for ,nonreturn ai eom ,o~ssiorr_-A trial or other proceeding must not be postponed by mission. reason of a commission not returned, except upon evidence, satis- factor y to the court, that the testimo ny of the witness is nece ssary, and that proper diligence has been used to obtain it. Use by either party. SEC. 1189. DEPosrrmoN, By WHOM USED .-The deposition mentioned Ante, p.1115. in sections 1184 to 1190 may be used by either party on the trial or othe r pro ceedin g, ag ainst any other party givi ng or recei ving the notice, subj ect to all just ex ceptions. Notice dispensed SEC. 1190 . NO TICE DISPENSED W ITH WHE N W ITN ESS RE SID ES o'OT OF with. zoNE .-In all cases where service of summons has been had by pub- lication as provided by law and after default has been duly entered, and it appears by affidavit that the residence of a party to the action is unknown and the witness resides out of the Canal Zone, then in Ante, p. IIi5& such cases the notice provided for in sections 1184 to 1190 shall be dispensed with. Depositions in Canal MANN ER OF TAKING DEPOSITIONS IN TIM CANAL ZONE Zone . Before judge, magis- SEC . 1191 . DEPOSIT IONS MAY BE TAKEN EEFORE A JUDGE, AND SO trate, etc. FORTH, UPON NOTICE TO THE ADVERSE PARTY .-Either party may have the de position taken o f a witn ess in t he Canal Zone, in either of the Ante, p . 1114. cases mentioned in section 1181, before a judge, magistrate. or other No tice. officer authorized to administer oaths, on serving upon the adverse party previous notice of the time and place of examination, together with a copy of an affidavit, showing that the case is within that section. Such notice must be at least five clays, unless, for a cause shown, a judge, by order, prescribe a shorter time. When a shorter time is prescribed, a copy' of the order must be served with the notice.
 * envelope, ddirected to the clerk, if there be one, and if not,