Gambar halaman
PDF
ePub

of the district or circuit courts, who may be required to take depositions in any cause pending in any courts of law or equity in this Territory, or by virtue of any commission issued out of any court of record in any other State or Territory, shall have power and authority to issue subpoenas, if necessary, to compel the attendance of all such witnesses as shall be named in the commission, or by the parties litigant when no commission is necessary, in the same manner and under the same penalties as is prescribed in other causes where witnesses are directed to be subpœnaed.

SEC. 6. Every witness attending before any com-Compensation missioner, justice of the peace, notary public, or to witnesses. clerk, as aforesaid, to be examined as aforesaid, shall be entitled to a compensation for his time and attendance, and travelling expenses, at the same rate, for the time being, as is or shall be allowed by law to witnesses attending courts of record in this Territory; and the party requiring such examination shall pay the expenses thereof in advance, if required by the witnesses, but may, if successful in the suit, be allowed for the same in the taxation of costs.

SEC. 7. The party, his attorney, or any person who When deposishall in anywise be interested in the event of the suit, tions to be rejected as inforshall not be permitted to dictate, write, or draw up mal. any deposition or depositions which may at any time be taken under this act; and every deposition so dictated, written, or drawn up, or that shall be returned to the court unsealed, or the seal of which be broken, shall be rejected by the court as informal and insufficient: Provided, Such seal shall have been broken previous to its reception by the clerk to whom it shall be directed.

SEC. 8. It shall not be lawful for any party litigant, Seals not to be or the clerk of the court into which any deposition broken. may be returned as aforesaid, to break the seal of the same, either in term time or in vacation, unless by permission of the court. And if any such person, or clerk, presume to open any such deposition, when taken and returned as aforesaid, without such permission as aforesaid, he shall be considered guilty of a contempt of court, and may be punished accordingly: Provided, That it shall not be considered an Proviso. offence for the clerk to break open any such deposition, as aforesaid, where it is doubtful from the endorsements made thereon whether the same be a deposition or not, but in such case it shall not be

May be read
by either party.

timony.

proper for such clerk to permit any person to examine any deposition which may be thus opened by mistake, until permission shall have been first given by the court as aforesaid.

SEC. 9. All depositions taken in pursuance of this act, when returned into court, may be read by either party, on the trial of the causes to which they relate. Proceedings to SEC. 10. In all cases hereafter where any person or perpetuate tes- persons shall desire to perpetuate the remembrance of any fact, matter, or thing, which may relate to the boundaries or improvements of land, name or former name of water courses, the name or former name of any portion or district of country, regarding the ancient customs, laws, or usages of the inhabitants of this country, as far as the same may relate to the future settlement of the land claims, or touching the marriage or pedigree of any person or persons, or any other matter or thing necessary to the security of any estate, real, personal, or mixed, or any private right whatever, it shall be lawful for such person or persons, upon filing a petition, supported by affidavit, in the district or circuit court of the proper county, setting forth particularly the fact or facts intended to be established, to sue out of such court a dedimus protestatem, or commission, directed to any two justices of the peace, or to any clerk of the district, circuit, or county commissioners' court of the county wherein such testimony is to be taken, and may thereupon proceed to take such deposition or depositions as shall be prayed for in said petition.

Notice to be given in such

cases.

SEC. 11. It shall be the duty of the person or persons suing out such dedimus as aforesaid, before proceeding to take such deposition as aforesaid, to give at least four weeks previous notice of the time and place when and where the same is to be taken, together with a copy of the petition annexed thereto, to each and every person who may be known to be interested in the subject matter of such deposition, or to his, her, or their attorney, or, in case the person be FEME COVERT, to her husband, or, if a minor or minors, to his, her, or their guardian or guardians, if such guardian or guardians should be interested, to such guardian or guardians as shall be appointed by the court to defend the interests of such infant or infants; or in lieu of such written notice, as aforesaid, such petitioner or petitioners shall cause a notice in form as aforesaid, with a copy of the petition thereto annexed as aforesaid, addresssd to such persons

as may be known to be interested as aforesaid, as well as to all others whom it may concern, to be published for four weeks successively in some public newspaper printed in this Territory, at least eight weeks previous to the day of taking such deposition or depositions.

tend and cross

examine.

SEC. 12. The said commissioner or commissioners, Persons interjudge, justice of the peace, notary public, or clerk of ested may atthe district or circuit court, shall attend at the time and place appointed, when each and every person who may think himself or herself interested in the deposition about to be taken may attend, by themselves, or attorneys, and may examine and cross examine such deponent or deponents, and all such questions as may be proposed, together with the answers thereto by the witness, shall be reduced to writing in the English language, or in the language of the witness (provided he or she shall not understand English), as near as possible in the exact words of such deponent, which said questions and answers, when reduced to writing as aforesaid, shall be distinctly read over to the witness, and, if found to be correct, shall be signed by him, or her, in the presence of the said commissioner or commissioners, or judge (as the case may be), who shall thereupon administer an oath or affirmation to such witness, as to the truth of the deposition so taken as aforesaid, and shall annex at the foot thereof a certificate, sub- Certificate. scribed by himself or themselves, stating that it was sworn to and signed by the deponent, and the time and place when and where the same was taken; and all such depositions, when thus taken, shall be carefully sealed up and transmitted to the clerk of the Return to be district or circuit court of the county, from which made. such dedimus shall have been issued, within thirty days from the taking of the same, who shall thereupon enter the same at large upon the records in his office, and shall certify on the back of such deposition that the same has been duly recorded, and return it to the person or persons for whose benefit it shall have been taken.

in case of death

SEC. 13. All depositions taken in manner and form Such testimoas is provided in the two foregoing sections, or any may be read duly certified copy of the record of any such depo- &c., of deposition, in the case of the death of any such deponent, nent. or in case of inability to give testimony in consequence of his, her, or their insanity, or imbecility of mind or body, or where such witness or witnesses

Proviso.

Acts repealed.

taken under existing laws.

shall be rendered incompetent by judgment of law, or in the event of his, her, or their removal, so that their testimony cannot be obtained in the ordinary way on trial, may be used as evidence: Provided, That nothing herein contained shall be so construed as to prevent any legal exception being made and allowed to the reading of any such deposition, in any trial at law or in equity, in which the same may be introduced as evidence.

SEC. 14. The act, entitled "An act concerning depositions," approved, April 12th, 1837, as well as all other acts, and parts of acts, which shall come within the purview of, or be repugnant to, this act, Proviso, touch- be, and the same are hereby, repealed: Provided, ing depositions That nothing in this act contained shall be so construed as to affect any deposition heretofore taken in conformity with the existing laws, or to affect any deposition or depositions which may be hereafter taken upon interrogatories now filed, or which may be filed before this act shall take effect, or which shall or may be approved by any court in this Territory, so long as the existing laws shall remain in force.

This act to take effect on the first day of April.

next.

APPROVED, December 19, 1838.

District prose cutor in each judicial district

Their duties.

DISTRICT PROSECUTORS.

AN ACT providing for the appointment of District Prosecutors, and defining their duties.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there shall be a district prosecutor appointed by the Governor, by and with the advice and consent of the Council, in each judicial district in this Territory, who shall hold his office for two years, unless sooner removed, from and after his appointment.

SEC. 2. It shall be the duty of the district prosecutor, in each judicial district, to prosecute all pleas, plaints, indictments, and presentments, and prosecute all suits against delinquent sheriffs and collectors of the Territory, and county revenue, and all other persons who now are or may hereafter be indebted to the Territory, or any of the counties in their respective districts, where the Territory or county may

be a party, except in cases where complaint shall be made in the name of the Territory for the benefit of some third person.

SEC. 3. And the said prosecutor, before he enters Oath to be taon the duties of his office, shall take an oath, which ken. oath shall be administered by the district judge of the district for which he may be appointed, faithfully to discharge the duties of his office, which oath it shall be the duty of the district judge to administer, and endorse on the back of the commission; and he shall moreover execute a bond, with security to be Bond to be exapproved by the district judge aforesaid, in the pen-ecuted. alty of five thousand dollars, payable to the United States, conditioned for the faithful discharge of his duty as prescribed by law, and for the prompt payment of all sums of money that may come to his hands, by virtue of said office, to the person or persons authorized to receive the same; which bond it shall be the duty of the said district judge to take and forward to the office of the Secretary of the Ter- And filed in ritory to be filed, and suit may be brought on the Secretary's of same for delinquency and defalcation as in case of other civil officers.

fice.

SEC. 4. That whenever a vacancy shall happen by Recess apthe death, resignation, or removal from office, of the pointments. prosecutor in any district in this Territory, it shall be the duty of the Governor, upon being notified of the same, to appoint some fit person to fill such vacancy until the next meeting of the Legislative Assembly.

spective dis

SEC. 5. That the said district attorneys shall give To give their their advice to the civil officers of their respective advice to offidistricts, touching any matter in which the public cers in their rehave an interest; and the said district attorneys shall tricts. receive such compensation for their services, as the board of county commissioners of their respective counties shall from time to time deem proper, either

as an annual salary, or by making payment on the Compensation. bills for services rendered, as they shall judge best. APPROVED, January 15, 1839.

DIVORCE.

AN ACT concerning Divorce.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That divorces For what causfrom the bonds of matrimony shall be adjudged and es divorces may

be decreed.

« SebelumnyaLanjutkan »