Either party my tske testi

mony.

Who may take

Taken out of territory.

Oficer must not bo.

Who authorized to grant.

Written notice

in any other case where the oral examination of the witness is not required.

SEC. 372. Either party may commence taking testimony by depositions, at any time after service upon the defendant. Officers who may take them.

SEC. 373. Depositions may be taken in this territory before a judge or clerk of the supreme or district court, or before a probate judge, justice of the peace, notary public, mayor or chief magistrate of any city or town corporate, or before a master, commissioner, or any person empowered by a special commission; but depositions taken in this territory, to be used therein, must be taken by an officer or person whose authority is derived within the territory.

Suc. 374. Depositions may be taken out of the territory by a judge, justice or chancelor of any court of record, a justice of the peace, notary public, mayor or chief magistrate of any city or town corporate, a commissioner appointed by the governor of this territory to take depositions, or any person authorized by a special commission from this territory.

SEC. 375. The officer before whom depositions are taken, must not be a relative or attorney of either party, or otherwise interested in the event of an action or proceeding.

SEC. 376. Any court of record of this territory, or any judge thereof, is authorized to grant a commission to take depositions within or without the territory. The commission must be issued to a person or persons therein named by the clerk, under the seal of the court granting the same, and depositions under it must be taken upon written interrogatories unless, the parties otherwise agree.

Manner of Taking and Authenticating Them.

SEC. 377. Prior to taking of any deposition, unless shall be served. taken under a special commission, a written notice, specifying the action or proceeding, the name of the court or tribunal in which it is to be used, and the time and place of taking the same, shall be served upon the adverse party, his agent or attorney of records, or left at his usual place of abode. The notice shall be served so as to allow the adverse party sufficient time by the usual route of travel to attend,

and one day for preparation, exclusive of Sundays and the day of service, and the examination may, if so stated in the notice, be adjourned from day to day.

SEC. 378. When the party against whom the deposition is to be read, is absent from, or a non-resident of the territory, and has no agent or attorney of record therein, he may be notified of the taking of the depositions by publication. The publication must be made three consecutive weeks, in some newspaper printed in the county in which the action or proceeding is pending, or if there be no paper printed in the county, then in some newspaper printed in this territory of general circulation in that county. The publication must contain all that is required in a written notice, and may be proved in the manner prescribed in section seventy-nine.

Publication.

Deposition

SEC. 379. The deposition shall be written in the shall be written. presence of the officer taking the same, either by the officer, the witness, or some disinterested person, and subscribed by the witness.

SEC. 380. The deposition so taken shall be sealed up and indorsed with the title of the cause and the name of the officer taking the same, and by him addressed and transmitted to the clerk of the court where the action or proceding is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or proceding, or his attorney.

SEC. 381. Depositions taken pursuant to this article, shall be admitted in evidence on the trial of any civil action or proceeding pending before any justice of the peace, mayor or other judicial officer of a city, or town corporate, or before any arbitrators or referees, and such deposition shall be scaled up, indorsed with the title of the action or proceeding, the name of the officer taking the same, and addressed and transmitted by such officer to such justice, mayor or other judicial officer, arbitrators or referees.

Saled and ea

dorsed.

Admitted evidence.

in

SEC. 382. When a deposition has once been taken, it may be read. may be read in any stage of the same action or proceeding,

or any in other action or proceeding, upon the same matter between the same parties, subject, however, to all such

Authentication

necessary.

Certificate.

When not read la court.

Proviso.

exceptions as may be taken thereto under the provisions of this title.

SEC. 383. Depositions taken pursuant to this article by any judicial or other officer herein authorized to take depositions, having a seal of office, whether resident of this territory or elsewhere, shall be admitted in evidence upon the certificate and signature of such officer, under seal of the court of which he is an officer, or his official seal, and no other or further act of authentication shall be required. If the officer taking the same have no official seal, the deposition, if not taken in this territory, shall be certified and signed by such officer, and shall be further authenticated, either by parol proof adduced in court, or by the official certificate and seal of any secretary or other officer of state keeping the great seal thereof, or by the clerk or prothonotary of the court having a seal, attesting that such judicial or other officer was at the time of taking the same, within the meaning of this title, authorized to take the same. But if the deposition be taken within this territory, by an officer having no seal, or within or without this territory under a special commission, it shall be sufficiently authenticated by the official signature of the officer or commission taking the same.

SEC. 38. The officer taking the deposition, shall annex thereto a certificate, showing the following facts:

First, That the witness was first sworn to testify the truth, the whole truth, and nothing but the truth.

Second, That the deposition was reduced to writing by some proper person (naming him.)

Third, That the deposition was written and subscribed in the presence of the officer certifying thereto.

Fourth, That the deposition was taken at the time and place specified in the notice.

SEC. 385. A deposition shall not be read in court if the party objecting thereto shall show to the satisfaction of the court that the attendance of the witness can be procured. Provided that the party offering the deposition shall not thereby be compelled to go into trial without reas

onable time to procure said witness, if he was not aware that

the attendance of such witness could be had.

SEC. 386. Every deposition intended to be read in evi- Must be filed. dence on the trial, must be filed at least one day before the day of trial.

Exceptions to Depositions.

SEC. 387. Exceptions to depositions shall be in Exceptions. writing, specifying the grounds of objection, and filed with the papers in the cause.

SEC. 388. No exception other than for incompetency what for. or irrelevancy, shall be regarded, unless made and filed before the commencement of the trial.

cide.

SEC. 389. The court shall, on motion of either party, Court shall dohear and decide the questions arising on exceptions to depositions, before the commencement of the trial.

SEC. 390. Errors of the court, in its decisions upon exceptions to depositions, are waived unless excepted to. Admissions, Inspections, and Production of Documents.

SEC. 391. Either party may exhibit to the other or to his attorney, at any time before the trial, any paper or document material to the action, and request an admission in writing of its genuineness. If the adverse party or his attorney, fail to give the admission in writing within four days after the request, and if the party exhibiting the paper or document be afterwards put to any cost or expense to prove its genuineness, and the same be finally proved or admitted on the trial, such costs and expenses, to be ascertained at the trial, shall be paid by the party refusing to make the admission, unless it shall make it appear to the satisfaction of the court, that there were good reasons for the refusal.

SEC. 392. Either party, or his attorney, may demand of of the adverse party, an inspection and copy, or permission to take a copy of a book, paper or document in his posession or under his control, containing evidence relating to the the merits of the action or defense therein. Such demand

Errors of court

Admissions.

Demand for documents.

Copy of wri tinga.

Laws admitted as evidence.

shall be in writing, specifying the book, paper or document, with sufficient particularity to enable the other party to distinguish it, and if compliance with the demand, within four days be refused, the court or judge, on motion and notice to the adverse party, may, in their discretion, order the adverse party to give the other, within a specified time, an inspection and copy, or permission to take a copy of such book, paper or document; and on failure to comply with such order, the court may exclude the paper or document from being given in evidence, or, if wanted as evidence by the party applying, may direct the jury to presume it to be such as the party by affidavit alleges it to be. This section is not to be construed to prevent a party from compelling another to produce any book, paper, or document, when he is examined as a witness.

SEC. 393. Either party, or his attorney, if required, shall deliver to the other party, or his attorney, a copy of any deed, instrument or other writing, whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse to furnish the copy or copies required, the party so refusing shall not be permitted to give in evidence at the trial, the original, of which a copy has been refused. This section shall not apply to any paper, a copy of which is filed with a pleading.

SEC. 394. Printed volumes, in volumes of statutes, codes, or other written law, enacted by any other state or territory, or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law, in the courts or tribunals of such state, territory or government, shall be admitted by the courts and officers of this territory, on all occasions, as presumptive evidence of such. laws. The unwritten or common law of any other state, territory or foreign government, may be proved as facts by parol evidence; and the books of reports of cases adjudged in their courts, may also be admitted as presumptive evidence of such law.