Page:United States Statutes at Large Volume 47 Part 1.djvu/1141

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933. 1117 SEC. 1192 . MANNER OF TAKING DEPOSITIONS ; MAY BE USED BY EITHER Manner of taking. PARTY ON THE TRIAL .-Either party may attend the examination and put such questions, direct and cross, as may be proper. The deposi- tion, when com pleted, must be carefully read to or by the wit ness and corrected by him in any particular, if desired ; it must then be subscribed by the witness, certified by the judge or officer taking the deposition, inclosed in an envelope or wrapper, sealed, and directed to the clerk of the court in which the action is pending, or to such person as the pa rties in _writi ng may agree upo n, anti either deliver ed by the judge o r officer to the clerk or such pe rson, or transmitted through the mail or by soiree safe private oppor- t u ni ty ; and thereup on such depositi on may be used by either party o tluse se by el tner p arty upon the tria l or other proc eeding against any party givin g or receiving the n otice, subject to all legal excepti ons ; b u t if t he pa rt ie s attend at the examination, no objection to the form of an interroga- tory shall be made at the trial, unless the same was stated at the time of the examination. If the deposition be taken under subdi- visions two, t hree, and four, of section 1181, proof must be made Ant e, p. 1114. at the trial t hat the witness c ontinues absent o r infirm, or is dead. The deposition thus taken may be also read in case of the death of the witness. SEC. 1193 . DEPOSITION IN THE ZONE TO BE USED IN STATES.-Any For use in States. party to an ac tion or special p roceeding in a co urt or before a judge of a state, ma y obtain the te stimony of a wit ness residing in the Canal Zone, to be used in suc h action or proc eeding, in the c ases mentioned in t he next two secti ons_ SEC. 1194 . How TO PROCURE. WITNESS UPON cosimissION .If a com- Procuring . ioa. which such action or proceeding is pending, or by a judge thereof, on exhibiting the commission to the division of the district cou rt in which the witness resides, with an of&davit showing the materiality of his testimony, such court may issue a subpwna to the witness, Sllbpo na. requiring him to appear and t estify before th e commissioner n amed in the commission, at a specified time and place within such division. S EC. 1195. COMPELLING THE WITNESSES TO APP EAR AND TES'T'IFY .- Compelling witness Whenever any mandate, writ, or commission i s issued out of any to appear and testify. court of record in any State, Territory, District, or foreign juris- diction, or wh enever, upon no tice or agreemen t, it is require d to take the testimony of a witness or witnesses in the Canal Zone, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpos e of taking tes timony in procee dings pending in the Can al Zone. SEC. 1196. How 7 IF COMMISSION NOT ISSUED.-If a comm fission has Procedure when no not been issue d, and it appears to the district judge, or to a m agis- commission has [sued. trate, by affid avit satisfactory to him 1. That the testimony of the witness is material to either party, and that he resides in the division or subdivision in which su ch judge or magistrate holds office ; 2 . That a commission to take the testimony of such witness has not been issue d ; 3 . That, according to the law of the State where the action or special proceeding is pending, the deposition of a witness taken under such circumstances, and before such judge or magistrate, will be received in the action or proceeding ; He must issue his subpcc'na requiring the witness to appear and testify before him at a specified time and place. SEC. 1197 . DEPOSITION, HOW TAKEN .-l pen the ahpe^i' :3nt'+' of tft, likrufd o iiion. witness, the j udge or magistrat e must cause ILi, t+,tinnony to be taken