Page:United States Statutes at Large Volume 76A.djvu/471

–375– -375the examination of a witness, or a stay of proceedings, or upon a motion, and in any other case expressly permitted by another provision of this Code. § 2613. Proof of publication (a) Evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or nis foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made. (b) If the affidavit is made in an action or special proceeding pending in a court, it may be filed with the court or the clerk thereof. The original affidavit, or a copy thereof, certified by the judge of the court or clerk having it in custody, is prima facie evidence of the facts stated therein. § 2614. Persons before whom affidavits taken (a) An affidavit to be used before a court, judge, or officer of the Canal Zone may be taken before any officer authorized to administer oaths. (b) An affidavit taken 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 Canal Zone to take affidavits in the State, or before any notary public in a State, or before any judge or clerk of a court of record having a seal. (c) An affidavit taken in a foreign country to be used in the Canal Zone, may be taken before an ambassador, minister, consul, viceconsul, or consular agent of the United States, or before any judge of a court of record having a seal in the foreign country. (d) When an affidavit is taken before a judge 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 the judge is a member thereof, shall be certified by the clerk of the court, under the seal thereof. (e) An affidavit may be taken before an officer of the armed forces as provided by section 725 of Title 4. Subchapter III—Depositions and Discovery § 2641. Depositions and discovery generally (a) Except as provided in this section, Rules 26-37 of the Federal Rules of Civil Procedure apply both to the district court and to the magistrates' courts in civil actions. (D) For the purposeiof taking depositions in the Canal Zone for use outside the Canal Zone, proceedings in aid thereof shall be had in the district court. (c) In an action in a magistrate's court, a deposition may be taken outside the Canal Zone only upon an order of the magistrate's couit, upon notice to the parties, granting leave to take the deposition. I n proceedings under this subsection, references in Rules 26--37 and 45 of the Federal Rules of Civil Procedure to a notice to take a deposition shall be deemed to refer to an order of a magistrate's court granting leave to take a deposition. An order of a magistrate's court under this subsection, or a commission or letters rogatory issued by a magistrate's court under Rule 28(b) of the Federal Rules of Civil Procedure, shall have attached thereto a certificate of the clerk of the district court, under the seal of the district court, to the effect that the person issuing the order, commission, or letters rogatory was an acting magistrate at the date of the order.

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