Chapter CVI. *to regulate the Taking of Depositions in certain Cases.* March 3, 1865. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled,* That any defendant in a criminal Defendants in criminal cases in the District of Columbia may have commissions to
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Chap. CVI.— An Act *to regulate the Taking of Depositions in certain Cases.* March 3, 1865. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled,* That any defendant in a criminal Defendants in criminal cases in the District of Columbia may have commissions to take testimony.case, in the District of Columbia, either after preliminary examination, indictment, or information, may examine witnesses on commission in such manner as is hereinafter prescribed.
Sec. 2. *And be it further enacted,* That a defendant wishing to take Who to be commissioner.the deposition of a witness residing more that one hundred miles from the city of Washington may select any of the following officers as a commission[er] to take such deposition: the clerk or judge of any court of record, or any notary public, or any consul of the United States, either by the name of office of such officer, or by his individual name and official Commission to state what.style; and the name of the court of which such constituted commissioner is clerk or judge, and the name of the state and county, or if without the United States the name of the state and town, or city, in which such notary or consul resides must be stated in the notice and in the commission.
Notice to district attorney. Sec. 3. *And be it further enacted,* That five days’ notice must be given by a defendant, or his or her attorney, of the time when a commission will be sued out of the office of the clerk of the criminal court for the District of Columbia for taking the deposition of the witness, (giving the name of the witness,) which notice must be accompanied with a copy of the interrogatories to be asked such witness. Cross-interrogatories by district attorney, or by clerk.
Sec. 4. *And be it further enacted,* That at or before the time fixed in the notice, the district attorney may file cross-interrogatories; but if he fail so to do, the clerk shall file the following:— 1. Are all of your statements in the foregoing answers made from your personal knowledge; and if not, do your answers show what are made THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 106, 107. 1865. 529from your personal knowledge, and what from information, and the source of that information? If not, now show what is from information, and give its source. 2.
State everything you know concerning this case favorable to either the government or the defendant. Sec. 5. *And be it further enacted,* That the notice and copy of interrogatories Service of notice and copy of interrogatories.may be served and returned in the same manner and by the same officers or persons as is provided by law for the service and return of a summons or subpoena in civil actions within the District of Columbia. Sec. 6. *And be it further enacted,* That the commission shall issue in Commission, how to issue, and what to contain.the name of the criminal court, and under its seal, and must be signed by the clerk, and need contain nothing but the authority conferred upon the commissioner and instructions to guide him, a statement of the cause in which the testimony is to be used, and a copy of all the interrogatories filed appended.
Sec. 7. *And be it further enacted,* That the person before whom any Duties of the commissioner.of the depositions above contemplated are taken must cause the inter rogatories appended to the commission to be written out, and the answers thereto to be inserted immediately underneath the respective questions; the whole, when completed, being read over by or to the witness, must be by him or her subscribed and sworn to in the usual manner. Sec. 8. *And be it further enacted,* That all exhibits produced before Exhibits to be appended.the person taking the deposition, or proved or referred to by any witness, or correct copies thereof, must be appended to the depositions, and re turned with them, unless sufficient reasons be sho w n for not so doing.
Sec. 9. *And be it further enacted,* That the person taking the deposition Commissioner to attach his certificate. Consents of certificate. Return.shall attach bis certificate thereto, stating that it was subscribed and sworn to by the deponent at the time and place therein mentioned; the whole, including the commission and interrogatories, must then be sealed up and returned to the clerk of the criminal court of the District of Columbia, by mail, unless the defendant and the district attorney agree upon some other mode; and, when received by said clerk, he shall open the package and place the deposition on file in his office.
Sec. 10. *And be it further enacted,* That unimportant deviations from Substantial compliance with directions to be sufficient.any of the above directions shall not cause the deposition to be excluded where no substantial prejudice could be wrought to the government by such deviation. Sec. 11. *And be it further enacted,* That, subject to the regulations Court may establish further rules.hereinbefore contained, the court may establish further rules for taking depositions and all other acts connected therewith.
Approved, March 3, 1865.