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WITNESSES.

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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.

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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

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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:
Claims for proceeds of sales, 205

ABANDONMENT:

See also COPYRIGHT; PATENTS

Imported goods, see CUSTOMS DUTIES

Right of bankrupt to exemptions, see
BANKRUPTCY

Right of trustee in bankruptcy to aban-
doned property of bankrupt, 838, note
ABATEMENT AND REVIVAL:,
Actions against public officers

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 one of several joint plaintiffs,
1445, note

Death of sole defendant, 1445, note
Death of sole plaintiff, 1445, note
Nonjoinder of parties

Persons not inhabitants of nor found in
district, 153

Substitution of personal representatives, 1445, note

Substitution of successors in office, 1720, note

Suggestion of death, 1445, note

Survival of actions, 1445, note
ABSENTEES:

Enforcement of liens on property of ab-
sent defendants, 155, 1316, note
Order on absent defendants to appear and
plead, 155

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
Accounts of trustees in bankruptcy, see
BANKRUPTCY

Admiralty jurisdiction, 1219, note
Appeal from decree for accounting

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
Certificate

Internal revenue stamp, 1165, note
Power to take

Clerks of Court of Claims, 204
Judges of Court of Claims, 204

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Consolidation of actions

Admiralty proceedings, 1441, note
Cross actions, 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
Joinder of causes (see also COPYRIGHT)
Causes of like nature, 1440, 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

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