been sworn and his competency determined, is for the party offering him to interrogate him in what is called his direct examination, or examination-in-chief, as it is sometimes styled. He is then turned over to the opposing party for cross-examination. The scope of the cross-examination is usually limited to the matters brought out in his direct examination, or to matters inseparably connected therewith. On all new facts elicited on cross-examination, he may be interrogated by the party adducing him, in what is termed "redirect examination." Then he may again be questioned on all matters brought out on re-direct examination by the opposite party in what is styled "re-crossexamination." In practice, an important witness seldom leaves the stand until he has passed through several further stages of successive examination. Beyond the re-cross-examination, the alternate stages of questioning are not usually given any special name. Leading questions cannot be asked one's own witness nor questions calling for a conclusion of any witness except an expert.

SECTION 73.

IMPEACHMENT OF WITNESSES.

It may perhaps be said there are five ways in which to impeach the testimony of a witness: (1) by disproving facts sworn to by him by the testimony of other witnesses; (2) by prior statements contradictory of his evidence; (3) by evidence of bad character or reputation; (4) by conviction of infamous crime; (5) and by bias or interest.

While evidence of general bad moral character or reputation is allowed in some jurisdictions, in most of the states it is limited to the general reputation of the witness for truth and veracity, at the time he testifies,

in the community in which he resides; i. e., what is generally said about him by those with whom he dwells, or with whom he usually associates.

Where it is sought to impeach the witness on the ground of conviction of an infamous crime, in criminal cases, it is usually held that the record of the conviction is the only admissible evidence thereof, while, in civil cases, some courts have held that such fact might be proved by the testimony of any competent witness having knowledge thereof. It would also seem allowable to ask the witness if he has been in prison, without producing the whole record.

It is also a cardinal rule of the law of evidence that the testimony of a witness cannot be impeached by disproving facts immaterial to the issue, nor on collateral and immaterial matters brought out on cross-examination.

SECTION 74. RIGHTS AND PRIVILEGES OF WITNESSES. A witness who is not a party to a suit or proceeding, and who has no interest in the result, is not entitled to the services of counsel, but courts have frequently indulged witnesses in this respect.

During the necessary time spent in attendance at the trial of a case, and time necessarily spent in going and returning from the place of holding trial, a witness is privileged from arrest.

In civil cases, a witness may demand payment of the legal witness fees in advance; i. e., he may demand mileage and one day's attendance fee, and may refuse to attend court unless the same is then paid. In criminal cases, when served in due form by subpoena, he must attend or subject himself to punishment for contempt of court for such refusal.

CHAPTER X.

DEPOSITIONS.

SECTION 75. DEFINITION.

A deposition is the testimony of a witness taken down in writing, or in stenographic notes and afterwards reduced to typewriting, under oath or affirmation, before a commissioner, judge, master in chancery, notary public, clerk of a court, or other person duly authorized by law, in answer to interrogatories either oral or written.

Statutory provisions in the various states prescribe the particular circumstances and conditions under which depositions may be taken, and the mode of procedure. These provisions must be strictly complied with; otherwise, the deposition will be suppressed.

SECTION 76. USUAL GROUNDS FOR TAKING.

The deposition of a material witness may be taken: (1) when he is a non-resident of the State and beyond the jurisdiction of the court; (2) when he is about to depart from the State to remain permanently, or will not return in time to testify at the trial; (3) when a witness is sick and about to die, or too ill to appear in court; (4) when a witness is growing old and it is desired to perpetuate his testimony for probable future litigation.

Depositions are not allowed to be taken and cannot be introduced in evidence in criminal cases.

SECTION 77.

APPLICATION FOR COMMISSION.

Application to take a deposition is usually made by motion; statutory provisions, or the nature of the proceeding, may require it to be done by petition or bill in chancery.

By statute, in most jurisdictions, after due notice to all parties litigant, upon proper motion or petition, there issues out of the court to which application is made, as a matter of right, under its seal, a commission to take testimony, or dedimus potestatum, as it is called. This commission is usually directed to a certain specified person, as commissioner, or to any judge, master in chancery, notary public, or justice of the peace, of the county in which the deposition is to be taken, commanding him to take the deposition of X, a material witness in the said cause, upon interrogatories, oral or written, as the case may be, to be propounded by either party, at a specified time and place.

The commissioner must not be of counsel for either party, nor in any way interested in the result of the action, nor in any manner in favor of or prejudiced against either litigant.

In the absence of statute or rule of court requiring it, the notice need not name the commissioner before whom the depositions are to be taken, but must state the names of witnesses, and time and place with certainty.

SECTION 78. FORM OF NOTICE TO TAKE ORAL DEPOSI