SEC. 395. The supreme or district court may, by rule, require the production of any papers or books which are material to the just determination of any cause pending before it, for the purpose of being inspected and copied by or for the party thus calling for them.

The court may require papers.

Petition

to stato

SEC. 396. The petition for that purpose must state the Pion was facts expected to be proved by such books or papers, and that, as the petitioner believes, such books and papers are under the control of the party against whom the rule is sought, and must show wherein they are material. The rule shall thereupon be granted to produce the books and papers, or show cause to the contrary, if the court deem such rule expedient and proper.

Failure to obey the rule.

SEC. 397. On failing to obey the rule, or show sufficient cause of such failure, the same consequences shall ensue as if the party had failed to appear and testify, when subpoenaed by the party now calling for the books and papers. Szc. 398. Though a writing called for by one party is No obliged to by the other produced, the party thus calling for it, is not obliged to use it as evidence in the case.

ARTICLE IV.

General Provisions.

SEC. 399. The posting up of or service of any notice or other paper required by law, may be proved by the affidavit of any competent witness, attached to a copy of said notice or paper, and made within six months of the time of such posting up.

SEC. 400. A copy of the field notes of any county surveyor, or a plat made by him and certified under oath as correct, may be received as evidence to show the shape or dimensions of a tract of land, or any other fact whose ascertainement requires only the exercise of scientific skill or calculation.

Posting how preved.

Pield notes.

petuated.

up.

SEC. 401. Such proof so made may be perpetuated and Proof how perpreserved for future use by filing the papers above mentioned in the office of the judge of probate, and the original

Any other fact how provod.

Certifed copios

Offer having

Certificate of

Duplicate reσείρε.

Judicial record bow proved.

That of a als

affidavit appended to the notice or paper, if there be one, and if not, the affidavit by itself, is presumptive evidence of the facts stated therein, but does not preclude other modes of proof now held sufficient.

SEC. 402. Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding may be proved by pursuing the course above indicated, as nearly as the circumstances of the case will admit.

SEC. 403. Duly certified copies of all records and entries or papers belonging to any public office, or by authority of law filed to be kept therein, shall be evidence in all cases of equal credibility with the original records or papers so filed.

SEC. 404. Every officer having the custody of a public record or writing, is bound to give any person on demand a certified copy thereof, on payment of the legal fees therefor. SEC. 405. The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office, is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.

SEC. 406. The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver, that the books of his office show the sale of a tract of land to a certain individual, is proof of title equivalent to a patent against all but the holder of an actual patent.

SEC. 407. A judicial record of this territory or of any other federal court of the United States, may be proved by the producing of the original, or by a copy thereof, certified by the clerk or the person having the legal custody thereof, authenticated by his seal of office if he have one.

SEC. 408. That of a sister state may be proved by the sor elite proved. attestation of the clerk and the seal of the court annexed,

if there be a scal, together with a certificate of a judge, chief justice, or presiding magistrate, that the attestation is in due form of law.

SEC. 409. The official certificate of a justice of the

signature sufl

peace of any of the United States, to any judgment, and Certificate of the preliminary proceeding before him, supported by the cient. official certificate of the clerk of any court of record within the county in which such justices reside, stating that he is an acting justice of the peace of that county, and that the signature of his certificate is genuine, is sufficient evidence of such proceedings and judgment.

SEC. 410. Copies of records and proceedings in the courts of a foreign country may be admitted in evidence upon being authenticated as follows:

First, By the official attestation of the clerk or officer in whose custody such records are legally kept.

Second, By certificate of one of the judges or magistrates. of such court, that the person so attesting is the clerk or officer legally intrusted with the custody of such records, and that the signature to his attestation is genuine.

Third, By the official certificate of the officer who has the custody of the principal seal of the government under whose authority the court is held, attested by said seal stating that such court is duly constituted, specifying the general nature of its jurisdiction and verifying the seal of the court.

Coples, when admitted as ori dence.

SEC. 411. Acts of the executive of the United States Acts, bo proved. or of this territory, or of any state in the union, or of a foreign government, are proved by the records of the state department of the respective governments, or by public documents purporting to have been printed by order of the legislatures of those governments respectively, or by either branch thereof.

how proved.

SEC. 412. The proceedings of the legislature of this Proceedings, territory, or any state of the union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the house in which the proceedings were had, or by a copy purporting to have been printed by their order.

SEC. 413. Printed copies of the statute laws of this territory, or any of the United States, or of congress, or of

Printed laws

a3 evidence.

Public seal T

idence.

Testimony perpetunted.

Applicant shall Alle petition.

Order, &c.

Cross in errogatories.

any foreign government, purporting or proved to have been published under authority thereof, or proved to be commonly ly admitted as evidence of the existing laws in the courts of such state or government, shall be admitted in the courts of this territory as presumptive evidence of such law.

SEC. 414. The public seal of the territory or county affixed to a copy of a written law or other public writing, is also admissible as evidence of such law or writing respectively. The unwritten law of any other state or government may be proved as fact by parol evidence, and also by the books of reports of cases adjudged in their courts.

ARTICLE V.

Proceedings to Perpetuate Testimony.

SEC. 415. The testimony of a witness may be perpetuated in the following manner:

SEC. 416. The applicant shall file in the office of the clerk of the di trict court, a petition, to be verified, in which shall be set forth, specially, the subject matter relative to which testimony is to be taken, and the names of the persons interested, if known to the applicant; and if not known, such general description as he can give of such persons, as heirs, devisees, aliences or otherwise. The petition shall also state the names of the witnesses to be examined, and the interrogatories to be propounded to each; that the applicant expects to be a party to an action in a court of this territory in which such testimony will, as he believes, be material, and the obstacles preventing the immediate commencement of the action, where the applicant expects to be the plaintiff.

SEC. 417. The court or a judge thereof, may forthwith make an order allowing the examination of such witnesses. The order shall prescribe the time and place of the examination, how long the partics interested shall be notified thereof, and the manner in which they shall be notified.

SEC. 418.

When it appears satisfactorily to the court or judge that the parties interested cannot be personally

notified, such court or judge shall appoint a competent attorney to examine the petition and prepare and file cross interrogatories to those contained therein. The witnesses shall be examined upon the interrogatories of the applicant, and upon cross interrogatories, where they are required to be prepared, and no others shall be propounded to them ; nor shall any statement be received which is not responsive to some one of them. The attorney filing the cross interrogatories shall be allowed a reasonable fee therefor, to be taxed in the bill of costs.

SEC. 419. Such depositions shall be taken before some one authorized by law to take depositions, or before some one specially authorized by the court or judge, and shall be returned to the clerk's office of the court in which the petition was filed.

SEC. 420. The court or judge, if satisfied that the depositions have been properly taken, and, as herein required, shall approve the same and order them to be filed; and, if a trial be had between the parties named in the petition, or their priores or successors in interest, such depositions or certified copies thereof may be given in evidence by either party, where the witnesses are dead or insane, or where their attendance for oral examination cannot be obtained or required; but such depositions shall be subject to the same objections for irrelevancy and incompetancy as may be made to depositions taken pending an action.

SEC. 421. The applicant shall pay the costs of all proceedings under this article.

TITLE XIX.

Judgment.

SEC. 422. A judgment is the final determination of the rights of the parties in action.

SEC. 423. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights

Tepositions, how taken.

Court shall ap

prove

Alicant shall pay costs

Judgment.

May bo givD.