Page:United States Statutes at Large Volume 47 Part 1.djvu/1146

 1122 72d C ONGRESS. SESS. II. CH. 127. FEB RUAR Y 27, 1933 . Name of witness, 3. The nam e of the wit ness to be exam ined , his pl ace of resi denc e, facts involved, etc. and a general outline of the facts expected to be proved. Order to issue. The j udge to who m su ch p etit ion is pres ente d mu st m ake an orde r allo win g the ex amin atio n, and desi gnat ing the off icer bef ore who m Notice. the same must be taken, and pre scribing the noti ce to be given, which notice, if the parties expectant are known and reside in the Canal Zone, must be personally served, and, if unknown, such notice must be served on the clerk of the court, and by publication thereof, in some newspaper, to be designated by the judge, for the same period. requ ire d for the pu bli cati on of summons. The judge must also desi gnat e in his or der the cler k of the co urt to w hom the dep osit ion mu st be returned whe n taken. Ta ki ng of depositio n. SEC. 1227. NOTICE OF TIME AND PLACE TO BE GIVEN .-The person appointed by the judge to take. the d epos itio ns is au thor ize d, if a resident of the Canal Zone, on eceiving a, copy of the order of the judge, and of the notice prescribed in the last section, with proof of its personal se rv ice or publication or, if a resident without the Cana l Z one, on rece ivi ng the c ommi ssi on m enti oned in_ the ne xt section, wi th proof of like se rvi ce of publication of the notice ; to take the deposition of the witness named in the order of the judge, or in the c ommi ssio n, or, if m ore than one wi tnes s is thu s named, of s uch of them as appe ar befo re h im, at the time des igna ted , and the tak ing of the s ame may be cont inu ed f rom time to time. Manner of taking. SEC. 1228 . MANNER OF TAKING THE DEPOSITION :The examination must be by question and answer, and if the testimony is to be taken in a State of the United States, it must be taken upon a commission to be issued by the judge all owing the examin ation, under the seal of the court of which he is j udge, and upon i nterrogatories, to be sett led in the same man ner as in c ases of dep osit ions tak en unde r commission in pending actions, unless the parties expectant, if known, otherwise agree. If such parties are unknown, notice of the settle- me nt of the interrogatories sh all be published in so me newspaper for Deposition to be read such time as the judge may designate. The dep osi tion , wh en com- to,and subscribed by witness. pleted, must be carefully read to or by the witn ess and be subsc ribed by h im, then certified by the off ic er or person taking the same, and shal l t hen be sealed up and de live red or t ran smit ted to the cler k designated in the order of the judge allowing the examination , who All papers tobeMed. shall file the same when received. The judge allowing the examina- tion shall file with the clerk the order for the examination, the peti- tion on which the same was granted, with proof of service of the order and noti ce. PaSers prima facie S EC. 1229 . PAPERS PRIMA FACIE EVIDENCE.-The petition and order, evidence. and papers filed by the judge, as provided in section 1228, or a certi- fied copy thereof, are prima facie evidence of the facts stated therein Ante, p. 1121. to s how compliance with the provisions of sections 1225 to 1231. Pr oduc tion of, in had between the WHEN named in the MAY ncp t c P, petition as parties expectant, or their successors in interest, or between any parties wherein it may be material to establish the facts which such depositions prove, or tend to pro ve, upon proof of the death, or in sanity of the wi tnesses, or that the y can not be found or are unable, by reason of age or other infirmity, to give- their testimony, the depositions or copies thereof may be used by eithe r party, subject to all legal obj ections but- if the par ties att ende d at the ex amin atio n, no ob jec tion s to the form of an interrogatory can be made at the trial, unless the same was stated at they e aminati on. Effect of. ' SEC. 1231 . EFFECT OF THE DEPOSITION .- The dep osit ion so take n and rea d in ev iden ce has the same eff ect as the oral tes timo ny of the wit ness , and is other, and every objection to the witness, or to