WITNESSES. It makes a party to the suit mompetent to testify unless the other party is an executor. administrator, or guardian. The courts have no authority to add others to the excep tion: nor can this be done by state legislation. Miller r. Steele, (C. C. A. 1907) 153 Fedi. 714. It has been further held that the competency of parties as witnesses in the federal courts depends upon the Acts of Congress as codified in this section. It is not derived from the statutes of any state, and is not Vol. VII, p. 1121, sec. 876. Number of witnesses limited. It is within the discretion of the trial court to limit the number of defendant's witnesses to be so subpoenaed to four on each particular point named in defendant's præcipe. O'Hara t. U. S., (C. C. A. 1904) 129 Fed. 551. In criminal cases. This section does not authorize either a district judge or a United States commissioner to summon a witness in a criminal case beyond the state Vol. VII, p. 1122, sec. 877. Number of names on one subpoena. - The names of as many witnesses in the same cause as convenience of service will permit are to be included in one subpœna, requiring moject to the condition and qualifications injosed the state laws, nor is it subject to wher exceptions and qualideations imposed men state laws Entington Nat. Bark Entington Disting C, (1907) 132 Admissibility of evidence. This section relates only to the competency of the witJesses, and Dot to the admissibility of evitence. Downs e. Wall, ¡C. CA. 1910, 176 Fat 157 This section does not apply to criminal cases met in the federal courts. where the competency of witnesses is to be determined by the aw of the state in which the court is bed as it existed when the courts of the United States were established by the Judietary Act of 1799. C. S. r. Hughes, (1892) 175 Fed 238. State laws. — In a proceeding in a federal erurt, the competency of a witness to testify to a transaction with a deceased person wich is covered by this section is to be governed by this section, and not by the statutes of the state. Smith r. Au Gres Ip, (C. C. A. 1906) 150 Fed. 257. Action against legatee. This section does not incapacitate a plaintiff from testifying in an action against a legatee for services rendered testator. Miller r. Steele, (C. C. A. 1907 153 Fed. 714. The proviso of this section applies only to parties to the record. and does not exclude parties interested in a suit but not parties to the record. British. etc., Mortg. Co. a. Worrill. (1909) 168 Fed. 120. A bankrupt's trustee being privy with him, a witness was entitled to testify after the death of the bankrupt to admissions made by the bankrupt concerning his estate while be was yet owner thereof. Smith r. Au Gres Tp., (C. C. A. 1906) 150 Fed. 257. Subpœna duces tecum.- To the same effect as the original note. In re Outcault, (1906) 149 Fed. 228. 1909 Supp., p. 708, sec. 858. Equity suits. This statute applies as well to suits in equity as to actions at law. Rowland . Biesecker, (1910) 181 Fed. 128. Patent infringement suit by assignee of owner since deceased. Under this section construed in connection with the New York statute (Code Civ. Proc. N. Y., sec. 829) it 1799 has been held that the testimony of a defendant in a patent infringement suit brought in that state by an assignee, as to personal transactions between himself and the complainant's assignor, since deceased, is incompetent. Rowland v. Biesecker, (C. C. A. 1911) 185 Fed. 515. INDEX. ABANDONED PROPERTY: ABANDONMENT: See also COPYRIGHT; PATENTS Imported goods, see CUSTOMS DUTIES Right of bankrupt to exemptions, see Right of trustee in bankruptcy to aban- Substitution of successor, 1720, note Bankruptcy proceedings, see BANKRUPTCY Death as affecting liability for fine imposed, 1083, note Death of joint tortfeasor, 1445, note Death of sole defendant, 1445, note Persons not inhabitants of nor found in Substitution of personal representatives, 1445, note Substitution of successors in office, 1720, note Suggestion of death, 1445, note Survival of actions, 1445, note Enforcement of liens on property of ab- Suit against absent defendants for removal of cloud on title, 155, 1317, note ACCOUNTS AND ACCOUNTING: Accounting between United States and InIdian tribes, 94 Accounting for fees by land officers, 324 Admiralty jurisdiction, 1219, note Jurisdiction of Circuit Court of Appeals, 1340, note Costs and fees in Commerce Court, 216 Expenditure of naval appropriations, 283 Failure to keep accounts as ground for denying discharge in bankruptcy, see BANK RUPTCY False accounts, 79 ACKNOWLEDGMENTS: Assignment of patents, 1617, note Internal revenue stamp, 1165, note Clerks of Court of Claims, 204 Consolidation of actions Admiralty proceedings, 1441, note In general, 1440, note Proceedings for limitation of vessel owners' liability, 1464, note Suits to recover penalties, 1440, note Consolidation of causes, see infra, Joinder of causes Cross actions Consolidation, 1441, note Forms of action Conformity to state practice in federal courts, 1434, note Forms of actions abolished in Alaska, 428, note Infringement of patents, 1625, note Legal and equitable causes of action, 428, note; 1434, note Recovery of price of patents, 1617, note Removal from state to federal court, see |