1870, Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, from 1851 to 1870 Inclusive

19th Session 1870_page 91

91 SESSION NINETEENTH mail or by some safe private opportunity and thereupon such deposition may be used by either party upon the trial or other proceeding against any party giving or receiving the notice subject to all legal exceptions But if the partiesattend al the examination no objection to the form of an interrogatory shall be made at the trial unless the same was stated af the time of the examination If the deposition be taken by reason of the absence or intended absence from the County of the witness or because he is too infirm to attend proof by affida-vit or oral testimony shall be made at the trial that the witness continues absent or infirm to the bestof the deponentknow ledge or belief The deposition thus taken may be also read in case of the death of the witness Skc 408 Whendeposition has been once taken it day borceaa may be read in any stage of the same action or proceedmfg by party either party and shall then be deemed the evidence of party reading it CHAPTER Or DgrosiTioys TAKEN TERRITORY OUT OF the -THIS ofwitness out of this TerriFFuotiey SEC 409 The testimony SEc 410 The deposition ofwitness out of this TerriHow taken tory may be taken by deposition in an action at any time after the service of the snmmons or the appearance of the defendant and inspecial proceeding at any time afterquestion of fact has arisen therein shall be taken upon commission issued from the Court tory or under the seal of the Court upon an order of the Judge Court on the application of either party upon five days previous notice to the other Tt shall be issued toa person agreed upon by the parties or if they donot agree to-any Judge or Justice of the Peace selected by the officer granting the commission or toCommissioner ap ointed by the Governor of this Territory to take affidavits and or Territories Skc 411 depositions in the States Such proper interrogatories direct and cross settiing iater as the respective parties may prepare to be settled if the meores parties disagree as to their form by the Judge or officer granting the order for the commission atday fixed in the order or at the time of granting the order for commission may be annexed to the commission or when the parties -agree to that mode the examination may be without written interrogatories Skc 412 The commission shall authorize the Commiswhatwo sioner to administer an oath to the witness and to take his deposition in answer to the interrogatories or when the examin respect to the quesination is to be without interrogatories tion in dispute and to certify the deposition to theCourt insealed envelope directed to the Clerk or other person designed or agreed upon and forwarded to him by mail or other usual channel of conveyance SEo 413 trial or other proceeding shall not be post Jlimage 2005 J Quinney College of Law Al rights reserved