or prothonotary of any court having a seal, attesting that such judicial or other officer was at the time of taking the deposition authorized to take the same, within the meaning of this chapter. But if the deposition be taken within this District by an officer having no seal, or within or without this District under a special commission, it shall be sufficiently authenticated by the official signature of the officer or commissioner taking the same.

SEC. 36. Depositions, after being filed, may be published by the clerk at the request of either party, after giving to the other, his agent or attorney, reasonable notice of the time thereof, or they may be published by order of the court, on the motion of either party.

SEC. 37. Every deposition intended to be read in evidence must be filed in court at least one day before the time at which the cause in which the same is to be used, stands on the docket for trial; or if filed afterwards and claimed to be used on the trial, the adverse party shall be entitled to a continuance in the discretion of the court.

SEC. 38. When an action has been dismissed and another instituted for the same cause, depositions taken in the first action may, subject to all proper exceptions, be used in the second or other action between the same parties or their representatives, if it appear that the same were duly filed in the court when the previous cause was pending, and have remained on file since.

SEC. 39. Depositions taken pursuant to this chapter may be used as provided in section twenty-four, on the trial of any civil action or proceeding pending before any justice of the peace or before any arbitrator or referee, and the same shall be sealed up and endorsed as before prescribed, and be addressed and transmitted by the officer taking them to such justice of the peace, arbitrator, or referee.

SEC. 40. Every person authorized to take depositions shall receive for reducing the same to writing, one dollar for every hour he shall be so engaged, not to exceed five dollars a day. For all other services attending the execution of the same, he shall be entitled to such fees as are allowed to a justice of the peace for like services. Witnesses attending before him shall be each entitled to one dollar per day. He may retain the depositions until his fees and charges are paid. He shall also tax the costs of the marshal or other party who shall serve the process aforesaid, and fees of the witnesses, and may, if directed by the persons entitled thereto, retain the depositions until such fees are paid.

SEC. 41. Objections to the competency of a deponent, or to the propriety of any question put to him, or answer given by him, may be made at the time of taking his deposition, or afterwards in court, whether made at the time of taking the deposition or not.

SEC. 42. No exception other than for incompetency or irrelevancy shall be regarded unless made and filed before the commencement of the trial. But any deposition may, after the commencement, be suppressed, if any matter which is not disclosed in the deposition appears sufficient to authorize such suppression.

SEC. 43. Such exceptions shall be in writing, specifying the grounds of objection, and filed with the papers in the case, and the court shall, on the motion of either party, hear and determine the questions arising thereon before the commencement of the trial.

SEC. 44. Whenever any testimony taken under a commission is suppressed, or the commission, on return thereof, set aside for any irregularity or omission in the commission, or proceedings under it, the court or tribunal, or officer before whom the cause is pending, may, in his or its discretion, continue the same.

TESTIMONY-HOW PERPETUATED.

SEC. 45. The testimony of witnesses may be perpetuated in the following manner:

SEC. 46. The applicant shall file in the office of the clerk of the circuit court a petition, to be verified, in which he shall set forth specially the subject-matter relative to which the testimony is to be taken and the names of the persons interested, if known to the applicant; and if not known, such general description as he can give of them, as heirs, devisees, alienees, or otherwise. The petition shall also state the names of the witnesses to be examined, and the interrogatories to be propcunded to each; that the applicant expects to be a party to an action in a court of this District, in which such testimony will, as he believes, be material, and the obstacles preventing the immediate commencement of the action, when the applicant expects to be the plaintiff.

SEC. 47. The court, or, in vacation, a judge thereof, may forthwith make an order allowing the examination of such witnesses. The order shall prescribe the time and place of the examination, how long and the manner in which the parties interested shall be notified thereof.

SEC. 48. When it appears satisfactorily to the court or judge that the parties interested cannot be personally notified, such court or judge shall appoint a competent attorney to examine the petition, and prepare and file cross-interrogatories to those contained therein. The witnesses shall be examined upon the interrogatories of the applicant, and upon cross-interrogatories, when they are required to be prepared, and no others shall be propounded to them; nor shall any statement be received which is not responsive to some one of them. The attorney filing the cross-interrogatories shall be allowed a reasonable fee therefor, to be taxed in the bill of costs.

SEC. 49. Such depositions shall be taken before some one authorized by law to take depositions, or before some one specially authorized by the court or judge, and shall be returned to the office of the clerk of the circuit court, certified in the manner herein before prescribed.

SEC. 50. The court or judge, if satisfied that the depositions have been properly taken, shall approve the same and order them to be filed; and if a trial be had between the parties named in the petition, or their privies or successors in interest, such depositions may be given in evidence by either party, when the witnesses are dead or insane, or when their attendance for oral examination cannot be had; but such depositions shall be subject to the same objections for irrelevancy or incompetency as may be made to depositions taken pending an action.

SEC. 51. The applicant shall pay all costs under this proceeding to perpetuate testimony.

DEPOSITIONS IN GENERAL.

SEC. 52. Upon the return of a commission to take testimony, the circuit court, if in session, or a judge thereof in vacation, may remand the commission for the correction of errors or supplying omissions, and if the same be not returned in time for the trial, the cause may, at the discretion of the court, be continued.

SEC. 53. An unimportant deviation from any direction relative to taking depositions shall not cause a deposition to be excluded where no substantial prejudice would be done to the opposite party.

DEPOSITIONS TO BE USED OUT OF THE DISTRICT-HOW TAKEN.

SEC. 54. Any commissioner or other officer authorized by any State, Territory, or District of the United States to take depositions within this District shall have power, at the instance of the party wishing to

obtain the deposition of any witness therein, to cause such witness, by process of subpoena, to appear before him, on reasonable notice, at a certain time and place therein specified.

DOCUMENTARY AND OTHER WRITTEN EVIDENCE.

SEC. 55. The laws of the District of Columbia, printed and published under the authority of Congress, shall be received as evidence in the courts of this District, and in all the tribunals and public offices of the United States, for any purpose for which the original acts could be received, and with as much effect.

SEC. 56. Printed copies, in volumes, of statutes, code, or other written law enacted by the United States, or any State or Territory of the United States, or any foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing laws in the courts or tribunals of such State, Territory, or government, shall be admitted by the courts and officers of this District, on all occasions, as presumptive evidence of such laws.

SEC. 57. The unwritten or common law of any such State, Territory, or foreign government may be proved as facts by parol evidence; and the books of reports of cases adjudged in their courts may also be admitted as presumptive evidence of such law.

SEC. 58. Every act of any one of the legislatures of the States or Territories of the United States, certified by the secretary, and having the seal of the State or Territory affixed thereto, shall be deemed authentic, and receive full faith and credit when offered in evidence in any court within this District.

SEC. 59. The records and judicial proceedings of any court of the United States, or of any State, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice, or presiding magistrate of such court, to be attested in due form, shall have such faith and credit given to them in every court within this District as they have in the courts of the State, Territory, or District whence the said records came. The records and judicial proceedings of the courts of any foreign country, attested and certified in like manner, shall be admitted as evidence thereof in the courts of this District.

SEC. 60. All records and exemplifications of official books, kept in

any public office of the United States, or of a State, not appertaining to a court, shall be evidence in any court or office in this District, if attested by the keeper of the said records or books, and the seal of his office annexed, if there be a seal, and certified by the presiding justice of the county or district in which such office is, or by the governor, the secretary of state, the chancellor, or the keeper of the great seal of the State, to be attested in due form and by the proper officer; such certificate, if given by the presiding justice of a court, shall be certified by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if said certificate be given by the governor, the secretary of state, the chancellor, or keeper of the great seal, it shall be under the great seal of the State or Territory in which the certificate is made. The records and exemplifications so certified shall have such faith and credit given to them in every court and office within this District as they have, by law or usage, in the courts or offices of the State or Territory whence the same shall be taken.

SEC. 61. A copy of the record or register of any deed, will, or other instrument of writing, which the laws of any foreign country require to be recorded, or lodged for safe-keeping in any office or court, and which are recorded or so lodged agreeably to such law, under the hand of the keeper of such record or register, and the seal of the court or office in which the same is kept, shall be good and sufficient evidence in any court of this District to prove such deed, will, or instrument of writing.

SEC. 62. The record of a conveyance or other instrument of writing authorized or required to be recorded in the recorder's office, and duly recorded, or a transcript thereof, certified by the recorder to be a full, true, and correct copy, may be read in evidence with the like force. and effect as the original conveyance or other instrument of writing.

SEC. 63. The endorsement by the recorder or clerk of any court on any such deed or other instrument of writing, of the time it was received to be recorded, shall be evidence of such time as well as such receipt; and the copy from the record of the usual entry of such time and receipt, certified as provided in the previous section, or the record itself, shall be evidence both of the receipt and the time in like manner as the original endorsement.