at. *** *5 ement. Tha tarate sa metai ne, nieri T more "" Tea, Latication nemav fles it endenes and a primite Tue a. atm.m1×? ̃a′′ IT Thera. Rate ambene 10001*200 sf "e the if #lileon inder Lle -m aT .. BeraterAGAI JASSAs, Front InUSE named II ZIE JEST 17 J*1 13+1 & DOTing of all..~* Vai aller vine**, * that they may test fir temeres and be eomgezet in series fur araers Eit.ngt in Jaz Bank Rmtagan Dustling Cle In 12 Fart. 2400 Effect of statate. The secon eaves the #thewe win ert si me emmon-av mie nË having 18 tear,mong verged by the guy la tas Light of ha abret in the saw, and to what extent thas DATATRAT 717 ift his Denner City Tranvar (1. 5. Norton, CCA 15 141 Fat 109 It does not render a witness „arum petent merely nera se he may have an interest in a queation at javize, where he is not a party to the agit. British, ete. Mong Co. r. Whe ril 1909 168 Fed 120. It makes a party to the sit omnetent to testify unless the other party is an exsertor. administrator, or guardian. The en arts 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 Ped. 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 limi the number of defendant's witnesses to be so subpoenaed to four on each particular point named in defendant's præcipe. O'Hara v. U. 8., (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 subpœna. - The names of as many witnesses in the same cause as convenience of service will permit are to be included in one subpoena, requiring meet a the oondition and qualifications insei T the state laws, nor is it subject to Waer xceptions and malicanons imposed men state avs. Entington Nat. Bark Erintington Distilling Co. · 1907) 152 F-1 241 Admissibility of evidence. This section relates only to the competency of the witJesses, and not to the admissibility of eviDowns & Wall, (C. C. A. 1910, 176 This section does not apply to criminal cases Tei in the feteral courts, where the competency of witnesses is to be determined by the law of the state in which the court is beid as it existed when the courts of the United States were established by the Judietary Act of 1799. U. S. c. 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 wen is covered by this section is to be governed by this section, and not by the stat ites of the state. Smith r. Au Gres Tp., (C. C. A. 1906, 150 Fed. 257. Action against legatee. - This section does net incapacitate a plaintiff from testifying in an action against à 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. 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 he was yet owner thereof. Smith r. Au Gres Tp., (C. C. A. 1906) 150 Fed. 257. to appear at a preliminary hearing before the commissioner, such hearing not being one of the stages of the case before the court. U. S. r. Stern, (1910) 177 Fed. 479. Distance. The process of the court will not issue to compel a witness to travel a greater distance than 100 miles to attend the trial of a cause. Blood v. Morrin, (1905) 140 Fed. 918. the witnesses to attend and testify generally. i. e., either before the grand jury or petit jury, or both. In re Shaw, (1909) 172 Fed. 520. Vol. VII, p. 1127, sec. 850. Officers in the military service. — This section includes officers in the military service, and when the United States recovers a judg ment it is entitled to have included therein as costs the necessary expenses of such witnesses in lieu of mileage and per diem, and it is immaterial whether the distance traveled was more or less than 100 miles. U. S. v. National Surety Co., (1909) 168 Fed. 314. Vol. VII, p. 1128, sec. 4906. Expenses of government employees. The United States, when the prevailing party in a suit in the federal court, is entitled to tax as costs the necessary expenses of a salaried employee taken away from his place of business to attend as a witness for the government, regardless of the distance traveled by him. U. S. v. Southern Pac. Co., (1909) 172 Fed. 909. 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 v. 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: Claims for proceeds of sales, 205 ABANDONMENT: See also COPYRIGHT; PATENTS Imported goods, see CUSTOMS DUTIES 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 ABSENTEES: Enforcement of liens on property of absent 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 Indian tribes, 94 Accounting for fees by land officers, 324 Admiralty jurisdiction, 1219, note Jurisdiction of Circuit Court of Appeals, 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 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, Infringement of patents, 1625, note Legal and equitable causes of action, Recovery of price of patents, 1617, note Removal from state to federal court, see REMOVAL OF CAUSES Right of receiver in bankruptcy to sue, see BANKRUPTCY Rights to sue in forma pauperis, 45 ACTORS: Importation of foreign actors permitted, |