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Penalty, if finder neglect.

1821, 130, § 6.

CHAP. 132. the neglect of the finder, then to pay the same on demand, after converting the same to his own use, the same may be recovered in an action, to be brought by said treasurer in the name of the town. SECT. 18. If any finder of any lost money or goods, of the value of three dollars or upwards, shall neglect to give notice thereof to the town clerk, and cause the same to be cried and advertised, in time and manner, as provided in the thirteenth and fourteenth sections of this chapter, he shall forfeit the full value of such money or goods, one half to the use of the town, and the other half to him who shall sue for the same; and shall moreover remain responsible to the owner of such lost money or goods.

CHAPTER 133.

OF DEPOSITIONS, AND MODES OF TAKING THEM; AND OF WITNESSES.
SECT. I. In what cases, depositions may be [SECT. 24. Witnesses may be compelled to

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give depositions in cases of contested elections.

25. Application for taking a deposi

tion in perpetuam.

26. Notice to persons interested.
27. Deposition, how taken, and certi
ficate thereon.
28. To be recorded.

29. When it may be used in evidence.
30. Such depositions may be taken,
out of the state.

31. Application to the court for a
commission therefor.

32. Notice to persons interested.
33. Court may issue a commission.
34. Deposition to be taken upon in-
terrogatories.

35. Application may be filed in vaca-
tion, and notice given.

36. Proceedings, to compel a deponent to appear, to give his deposition.

37. Punishment, if he refuse to de

pose.

38. Certain deponents may affirm.
39. If a false deposition be given, it is
to be deemed perjury.

40. Witnesses may be summoned into
another state to testify in crimin-

al cases.

41, 42. Mortgagee to disclose the amount due on the mortgage, to an attaching creditor of the mortgager.

43. May be compelled to give his deposition.

44. Who are competent witnesses.

45. How records of courts of other

states are to be authenticated.

SECT. 46. Printed copies of Maine statutes, SECT. 49. Laws of foreign countries, how CHAP. 133.

when proof.

47. Printed copies of statutes of other
states, how far evidence.

48. Unwritten law of other states, how
proved.

proved.

50. Fees to be tendered to witnesses.
51. Penalty for non attendance.
52, 53. Manner of administering oaths.
51. Persons convicted of certain
crimes, incompetent witnesses.

be used.

SECTION 1. Depositions, taken for any of the causes and in the In what cases, manner hereinafter mentioned, may be used in all civil suits or depositions may causes, petitions for partition of land, libels for divorce, prosecu- 1821, 85, § 1. tions for the maintenance of bastard children, petitions for review, and in trials before arbitrators, referees and county commissioners. SECT. 2. Any justice of the peace, and any notary public, may take depositions, to be used in any pending cause, he not being interested in such cause, nor being, nor having been, counsel or attorney in the same.

taken.

Before whom they may be 1821, 85, § 1. 13 Pick. 279, 441.

is deemed pend

SECT. 3. No suit, petition, libel or prosecution shall, for the 14 Pick. 285. purposes of this chapter, be considered as pending, till the writ, When a cause petition, libel or other process shall have been duly served upon the ing, for the purrespondent, or such notice, as is required by law, or ordered by the pose. 1821. 85, § 1. court, shall have been duly given; and no deposition, taken as 16 Maine, 257. aforesaid, shall be used in the trial of any such cause, except by 22 Pick. 309. consent of parties, unless the notice, hereinafter mentioned, shall have been duly given to the adverse party.

SECT. 4. Depositions to be used in pending actions, may be taken for either of the following causes, viz: First. When the deponent is so aged, infirm or sick, as not to be able to attend the court, or at other place of trial;

Second.

the state;

When the defendant resides out of, or is absent from

Third. When the deponent shall be bound to sea on a voyage, or is about to go out of the state by sea or land, before the session of the court, where the deposition is to be used, and not expected to return in season to attend the trial;

Fourth. When the deponent lives more than thirty miles, from the place of trial;

Fifth. When the deponent is confined in prison, and such' imprisonment shall be continued, until after trial of the cause.

Reasons, for

which they may be taken and

used.

1821, 85, § 1.

citation to the

SECT. 5. On application of either party to a justice of the Summons to the peace, or notary public, for the purpose of procuring the deposition deponent, and of a witness, such justice or notary may issue a summons to the adverse party. deponent, to appear before him at a designated place and time to 1821, 85, § 2, 4. give his deposition; and also issue notice to the adverse party, to be present at such time and place, if he should see fit; or such notice to the adverse party may be made returnable before any other justice of the peace or notary, who shall be named in such notice, as the person who is to take the deposition.

SECT. 6. The notification to the adverse party shall be served Service of such on him or his attorney, by reading the same in his presence and citation. 1821, 85, § 2. hearing, or by giving to him, or leaving at his last and usual place of abode, an attested copy thereof; and the service may be made by a sworn officer, or by any other person, and proved by his affidavit.

CHAP. 133.

Who is to be considered attorney of the

adverse party, 1821, 85, § 2.

Notice to one of the adverse party, sufficient.

1821, 85, § 2.

Time of notice. 1821, 85, § 2.

SECT. 7. No person shall, for the purposes of this chapter, be considered the attorney of another, unless he has indorsed the writ, or indorsed his name on the summons left with the defendant, or appeared for his principal in the cause, or given notice in writing that he is attorney of such adverse party.

SECT. 8. Where there are several plaintiffs or defendants, notice may be given, by the said justice or notary, to one or more of them; and that shall be deemed sufficient.

SECT. 9. No written notice, as aforesaid, shall be valid, unless the adverse party be allowed between the service of the notice, and 8 Greenl. 326. time appointed for taking the deposition, time for him to travel from his usual place of abode to the place of trial, not less than at the rate of one day for every twenty miles' travel, exclusive of Lord's

16 Maine, 41.

Verbal notice, by the justice or notary.

1821, 85, § 2. Form of citation to the adverse party. 1821, 85, 2. 15 Mass. 492.

Form of summons to deponent.

1821, 85, § 4.

days.
SECT. 10.

notice to the
SECT. 11.

Any justice of the peace or notary may give verbal adverse party, and that shall be deemed sufficient. The notice to the adverse party, if in the state, shall

be in substance as follows:

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Whereas A. B. of — -, has requested, that the deposition of C.
D. of
taken to be used in an action of
pending between you and the said A. B., and the

in

in

-, may be

and the

day of

at

day of

— of

of the clock -noon, are the time and place appointed, for said deponent to testify what he knows relating to said action; you are hereby notified that you may be present, and put such questions, as you may think fit. Dated this 18Justice of the Peace." SECT. 12. The justice of the peace or notary public shall, when requested, also issue a summons to the deponent, in substance as follows, viz:

SS. To C. D. of

in the county of

Whereas A. B. of

in the county of

Greeting. has requested

Witness may

give his deposition.

and

me to take your deposition, to be used in an action, now pending
between him and E. F. of - —, in the county of
in the town of -, and the
of the clock in the

of

at

the
day of
-noon, are the
time and place, appointed for taking the same deposition, you are
therefore required in the name of the state of Maine, then and
there to appear to testify what you know, relating to said action.
Dated this
in the year
Justice of the peace."

of

which summons may be served, and the service thereof proved, as described in the case of said notification.

SECT. 13. Any witness may be compelled to attend and give be compelled to his deposition, in like manner, and under the same penalties, as he may be summoned and compelled to attend, as a witness in court, without regard to the distance of his place of abode from the place of trial; but not to travel more than thirty miles for the purpose of giving his deposition; and such deposition shall not be used in

1821, 85, § 4.

any trial, excepting for the causes mentioned in the fourth section, CHAP. 133. unless the adverse party shall use the witness at such trial.

taken,out of the

state.

1821, 85, § 6.

SECT. 14. When any deposition shall be taken, out of the state, How deposiand not under a commission, the adverse party or his attorney shall tions may be be duly notified to attend. SECT. 15. The deponent shall be first sworn to testify the truth, Deponent to be the whole truth, and nothing but the truth, relating to the cause or sworn, before matter for which the deposition is to be taken; and he shall then examination. 1821, 85, § 3. be examined, first by the party producing him, on verbal or written interrogatories, and then by the adverse party, and by the justice, or the parties afterwards, if they see cause.

SECT. 16. The deposition shall be written by the justice or Who may write notary, or by the deponent or by some disinterested person in the the deposition. 1821, 85, § 3. presence and under the direction of such justice or notary; and after the same has been carefully read to, or by the deponent, shall then be subscribed by him.

Form of cap

SECT. 17. The justice or notary shall then make out a certificate, and annex the same to the deposition, therein stating the fol- tion. lowing facts;

First. That the deponent was sworn according to law, and when ;

Second. By whom the deposition was written;

Third. If it was written by the deponent or some disinterested person, he must name him, and that he wrote it in the presence and under the direction of the justice or notary;

Fourth. Whether the adverse party was notified to attend ;
Fifth. Whether he attended or not;

Sixth. The cause in which the deposition is to be used, and

the names of the parties thereto;

Seventh. The court or tribunal, in which it is to be tried;

Eighth. The place and time of trial;

Ninth. The cause of taking the deposition.

1821, 85, § 3.

SECT. 18. The deposition shall be delivered by the justice to Deposition to the court or referees, before whom the cause is to be tried, or be be delivered in enclosed and sealed up by him, and directed to such court or refer- court, or sealed up. ees, and be kept sealed, till opened by their order. 1821, 85, § 3. Not to be used, the reason for longer exists. 1821, 85, § 5.

SECT. 19. When a deposition has been so taken, it shall not be used on trial of the cause, if the adverse party shall then make it appear, that the cause for taking such deposition no longer exists, but that the deponent is within thirty miles of the place of trial and able to attend the trial in person.

if

taking it no

witness, or to

be made.

SECT. 20. Objections to the competency of a deponent, or the Objections to propriety of any questions proposed to him, or answers given by competency of him, may be made when the deposition is produced, in the same questions promanner, as if the witness were personally examined on the trial; posed, when to but, when any deposition is taken on written interrogatories, all objections to any interrogatory shall be made before it is answered; . and, if the interrogatory be not withdrawn, the objection shall be noted thereon; or otherwise the objection shall not afterwards be allowed.

SECT. 21. When a plaintiff shall become nonsuit, or discontinue a suit, and shall commence another action for the same cause, and

When depositions may be

used in a second suit.

CHAP. 133. between the same parties or their representatives, all depositions lawfully taken for the first suit, of the taking of which the adverse party had due notice, may be used in the second suit; provided, they have been duly filed in the court where the first cause was pending, and have remained on file from the time the first suit was discontinued, until the commencement of the second.

When depositions may be used, taken out of the state.

1821, 85, § 6. 3 Pick. 14. Commissions

tions, out of the

the

SECT. 22. Depositions, taken out of the state, by a justice of peace or notary public, or other person lawfully empowered to take depositions, may be admitted or rejected by the court, at their discretion.

SECT. 23. The justices of the supreme judicial court, and of to take deposi- the district court, may issue commissions to take depositions, without the state, to be used in pending suits in the state, on such terms 18 Pick. 53, 355, and conditions as they may from time to time prescribe.

state.

1821, 85, § 7.

22 Pick. 309.

be compelled to give deposi

SECT. 24. In case of the contested election of a person returned Witnesses may as a member of the house of representatives, either party may summon any witness before a justice to give his deposition, and he shall be subject to like penalties and liabilities, in case of disobedience, as are mentioned in the thirteenth section of this chapter.

tions, in cases

of contested e-
lections.
1825, 310.

Application for
taking a depo-
sition in perpet-

uam.

4 Greenl. 483.

3 Pick. 14, 74.

Notice to per

1821, 85, § 8. 4 Greenl. 88.

SECT. 25. When any person wishes to perpetuate the testimony of any witness, he shall make a statement in writing, under oath, briefly setting forth, in substance, his title, interest or claim in, or to the subject, to which the desired testimony relates, and the names of all persons, who are supposed interested therein, and also the name of each witness proposed to be examined; and shall deliver the statement to any judge or register of probate, notary public, or clerk of the supreme judicial court or justice of the peace and quorum, requesting the person selected to take the deposition of

such witness.

shall cause

SECT. 26. The person, so selected for the purpose, sons interested. notice to be given of the time and place of taking such deposition to all the persons, named in the statement, as interested; which may be given and proved in like manner, as in case of taking depositions in pending actions.

Deposition,

how taken, and

certificate
thereon.
1821, 85, § 8.

16 Maine, 255,

To be recorded. 1821, 85, § 8.

When it may

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SECT. 27. The deponent shall be sworn and examined, and the deposition be written, read and subscribed in the same manner, as depositions taken to be used in pending actions; and the person taking such deposition, shall annex to it a certificate, under his hand, at the time of taking it; and, that it was taken in perpetual remembrance of the thing; and shall insert therein the name of the person, at whose request it was taken, and of all those who were notified to attend and did attend.

SECT. 28. The said statement, deposition and certificate shall, within ninety days after taking the same, be recorded in the registry of deeds in the county, where the land or any part of it lies, if the deposition relates to real estate; and if not, then in the county where the parties or some of them reside.

SECT. 29. All depositions taken to perpetuate the testimony of be used in evi- witnesses, being recorded as mentioned in the preceding section, or a copy thereof, attested by the register of deeds, may be used in the trial of any cause, whether pending at the time the deposition was taken, or commenced afterwards, between the person at whose

dence.
1821, 85, § 8.
1823, 211.

11 Mass. 229.
16 Mass. 393.
4 Greenl. 88.

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