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SEC. 683. An offer of compromise is not an admission that anything mise not an ad- is due; and no evidence thereof shall be permitted.

Offer of compro

mission.

Confession of

SEC. 684. In an action for the dissolution of the marriage contract on adultery in divorce the ground of adultery, a confession of adultery, whether in or out of the pleadings, is not of itself sufficient to justify a decree of dissolution.

cases.

CHAPTER SIXTY-EIGHT.

Evidence may be perpetuated.

Order for examination, how obtained.

Service of the

residents.

Sec.

OF PROCEEDINGS TO PERPETUATE TESTIMONY.

685. Evidence may be perpetuated.
686. Order for examination, how ob-
tained.

687. Service of the order and notice in
case of nonresidents.

688. How taken and where filed.

Sec.

689. Papers filed with deposition, primary evidence.

690. When the deposition may be used. 691. How objected to when produced. 692. Power and duty of the officer taking deposition.

SEC. 685. The testimony of a witness may be taken conditionally and perpetuated as provided in this chapter.

SEC. 686. The order for taking the testimony may be made by any judge of the district court upon the application of the party desiring it, when it appears from the petition of such party, verified as a complaint

First. That the applicant is a party or expects to be a party to an action or proceeding in a court in the district, or that he has an interest in real property or some easement or franchise therein about which a controversy may arise which would be the subject of such an action or proceeding;

Second. That the testimony of a witness, whose name and place of residence is stated, is material to the prosecution or defense, as the case may be, of such action or proceeding, or possible controversy, and generally the question involved therein, and the facts expected to be proved by the witness;

Third. The names and residence of the adverse parties or persons adversely interested, so far as the applicant knows or can ascertain them.

The judge may thereupon in his discretion make an order allowing the examination, prescribing therein the place thereof, and how long before the examination the order and notice of the time and place therefor shall be served.

SEC. 687. If it appear that the adverse parties or persons adversely order and notice interested, or any of them, reside out of the district, or are unknown, in case of non- the judge shall direct that, as to such parties or persons, service of the order and notice shall be made by publication, in the same manner as a summons. Upon proof of the service, the deposition may be taken conditionally by the judge who made the order of examination, or by any other officer or person therein designated.

How taken and where filed.

Papers filed with deposition, primary evidence.

When the depo

SEC. 688. Every interrogatory or answer, or declaration of the witness, shall be taken down, unless the parties otherwise agree. The deposition, when completed, shall be carefully read to and subscribed by the witness, and then certified by the judge or other officer or person taking the same and immediately thereafter filed in the office of the clerk of the court, together with the order for the examination of the witness, the petition on which the same was granted, the notice, and the proof of service of the order and notice.

SEC. 689. The papers filed with the deposition, as required by the last section, or a certified copy thereof, are primary evidence of the facts stated therein to show compliance with the provisions of this chapter.

SEC. 690. If thereafter a trial be had between the persons named in sitio may be used. the petition as parties actual, expectant, or possible, or their representatives or successors in interest, upon proof of the death or insan

ity of the witness, or that he is beyond the district and his residence unknown, or of his inability to attend the trial by reason of age, sickness, or settled infirmity, the deposition or a certified copy thereof may be given in evidence by either party.

when produced.

SEC. 691. The deposition when so taken, when produced in evidence, How objected to may be objected to as if it was the oral testimony of the witness, except that the form of the interrogatory shall not be objected to.

Power and duty

SEC. 692. The judge, officer, or other person taking the deposition shall control the examination, to the end that the whole truth may be of the officer takdeclared by the witness, and if no one appears other than the appli- ing deposition. cant, he shall prevent leading and suggestive interrogatories by such applicant, except when the same may be necessary or merely formal, and shall himself cross-examine the witness, concluding with the general interrogatory to the effect whether the witness knows anything further in relation to the matter which would be of benefit to either party.

Sec.

CHAPTER SIXTY-NINE.

OF OATHS AND AFFIRMATIONS.

Sec.

693. Who authorized to take testimony | 695. Same subject. and administer oaths.

694. Form may be varied to suit witness' belief.

696. Who may affirm.

697. Affirmation equivalent to oath; when
false to be deemed perjury.

and administer

SEC. 693. Every court, judge, clerk of a court, commissioner, justice Who authorized of the peace, or notary public is authorized to take testimony in any to take testimony action or proceeding, and such other persons in particular cases as this oaths. code elsewhere authorizes. Every such court or officer is authorized to administer oaths and affirmations generally, and every such other person in the particular case authorized.

ness' belief.

SEC. 694. Whenever the court or officer before which a person is Form may be offered as a witness is satisfied that he has a peculiar mode of swearing, varied to suit witconnected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court or officer may in its discretion adopt that mode.

SEC. 695. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such.

SEC. 696. Any person who has conscientious scruples against taking an oath may make his solemn affirmation.

SEC. 697. Whenever by any provision of this title an oath is required, an affirmation is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury equally with a false oath.

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SEC. 698. The judicial power in the district of Alaska is vested in a

-nonbelievers

in Christian religion.

Who may affirm.

Affirmation equivalent to oath;

when false to be deemed perjury.

Judicial power,

district court, in commissioners exercising the powers of probate how vested. courts, and in commissioners as ex officio justices of the peace.

The district

court.

Justice's court.

Mode of proceeding.

Jurisdiction justice's court.

SEC. 699. The district court is a court of general jurisdiction, civil and criminal, and also shall have admiralty jurisdiction.

SEC. 700. A justice's court is a court held by a commissioner as ex officio justice of the peace within the precinct for which he may be appointed. There are no particular terms of such court, but the same is always open for the transaction of business, according to the mode of proceeding prescribed for it.

SEC. 701. The mode of proceeding and the rules of evidence are the same in a justice's court as in a like action or proceeding in a court of record, except where otherwise specially provided.

of SEC. 702. A justice's court has jurisdiction, but not exclusive, of the following actions:

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First. For the recovery of money or damages only, when the amount claimed does not exceed one thousand dollars;

Second. For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed one thousand dollars;

Third. For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding one thousand dollars;

Fourth. Also, to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or ferfeiture imposed by statute.

SEC. 703. The jurisdiction conferred by the last section does not extend, however

First, To an action in which the title to real property shall come in question;

Second. To an action for false imprisonment, libel, slander, malicious prosecution, criminal conversation, seduction, upon a promise to marry, in actions of an equitable nature or in admiralty causes.

SEC. 704. In an action in a justice's court to recover a penalty or forfeiture given by statute the cause of action or some part thereof must have arisen within the precinct where the action is commenced, or upon a lake, river, or other water bordering upon such precinct and opposite thereto; but otherwise than this the jurisdiction of justice's court does not depend upon where the cause arose, provided that the defendant shall reside in the precinct where the action is commenced, or personal service can be had on the defendant in such precinct; and if the defendant do not reside in the district, the action may be commenced in the precinct in which the plaintiff resides.

SEC. 705. Every court of justice has power

First. To preserve and enforce order in its immediate presence; Second. To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority;

Third. To provide for the orderly conduct of proceedings before it or its officers;

Fourth. To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court in an action or proceeding pending therein;

Fifth. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it in every matter appertaining thereto; Sixth. To compel the attendance of persons to testify in an action or proceeding therein in the cases and manner provided by this code; Seventh. To administer oaths in an action, or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties.

SEC. 706. For the effectual exercise of the powers specified in the last section, the court may punish for contempt in the cases and the manner provided in this code.

SEC. 707. A judicial officer is a person authorized to act as a judge in a court of justice. Such officer shall not act as such in a court of which he is a member in any of the following cases:

First. In an action or proceeding to which he is a party, or in which he is directly interested;

Second. When he was not present and sitting as a member of the court at the hearing of a matter submitted for its decision;

Third. When he is related to either party by consanguinity or affinity within the third degree;

Fourth. When he has been attorney in the action or proceeding in question for either party.

But this section does not apply to an application to change the place of trial or the regulation of the order of business in court. In the cases specified in subdivisions three and four the disqualification may be waived by the parties, and shall be deemed to be waived unless an application be made as provided in this code.

Judicial office definition of. When disqualified to act.

SEC. 708. Whenever it appears that the judge of the district court Appointment of presiding in the division where the action is pending is disqualified judge pro tempore. under the provisions of the section last preceding the action shall be transferred to another division of said court unless a judge of another division will appear and preside during the disposition thereof: Provided, however, That the parties may by written stipulation agree

upon a member of the bar of said court to try the same.

SEC. 709. Any judicial officer may act as an attorney in any action

Judicial officer

or proceeding to which he is a party or in which he is directly inter- not to act as attor-. ested. A justice of the peace, otherwise authorized by law, may act ney, except.

as an attorney in any court other than the one of which he is judge, except in an action or proceeding removed therefrom to another court for review; but no judicial officer shall act as attorney in any court, or otherwise other than as in this section allowed:

Provided, No justice of the peace or other judicial officer shall have a partner who shall practice law or act as attorney in the court over which he presides.

SEC. 710. A judge may exercise, out of court, all the powers expressly conferred upon a judge as contradistinguished from a court, out of court. and not otherwise.

SEC. 711. Every judicial officer has power

Power of a judge

Power of judicial

First. To preserve and enforce order in his immediate presence, and officers. in the proceedings before him, when he is engaged in the performance of a duty imposed upon him by this code or other statute;

Second. To compel obedience to his lawful orders, as provided in this code;

Third. To compel the attendance of persons to testify in a proceeding pending before him in the cases and manner provided in this code; Fourth. To administer oaths to persons, in a proceeding pending before him, and in all other cases where it may be necessary, in the exercise of his powers and the performance of his duties.

Powers, how ex

SEC. 712. For the effectual exercise of the powers specified in the last section, a judicial officer may punish for contempt in the cases and ercised. manner provided in this code.

SEC. 713. The judge of the district court has power in any part of the district to take and certify

First. The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged;

Second. The acknowlegment of satisfaction of a judgment in any court;

Third. An affidavit or deposition to be used in any court of justice or other tribunal of the district;

Power to take and certify affida

vits.

Power of judicia. officers generally.

Sittings of court to be public.

Fourth. To exercise any other power and perform any other duty conferred or imposed upon him by this code or other statutes.

SEC. 714. Every other judicial officer may, within the precinct in which he is chosen

First. Exercise the powers mentioned in subdivisions one, two, and three of the last section;

Second. Exercise any other power and perform any other duty conferred or imposed upon him by this code or other statutes.

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SEC. 715. The sittings of every court of justice are public, except as provided in this section. Upon the agreement of the parties to a civil action or proceeding, filed with the clerk or entered upon the when private. journal, the court may direct the trial of an issue of law or fact, or any other proceeding therein, to be private; and upon such order being made all persons shall be excluded except the officers of the court, the parties, their witnesses, and counsel.

Nonjudicial

can

SEC. 716. Courts of justice may be held, and judicial business days; what legal transacted, on any day except as provided in this section. No court business may be be opened, nor can any judicial business be transacted, on a Sundone. day, on a legal holiday, or on a day appointed by the Executive authority of the United States or of the district as a day of fasting or thanksgiving, except for the following purposes:

First. To give instructions to a jury then deliberating on their verdict;

Second. To receive the verdict of a jury;

Third. For the exercise of the powers of a magistrate in criminal actions, or in proceedings of a criminal nature:

Provided, That this section shall not be so construed as to prevent the issuance of any writ or order for which the judge granting the same may think an emergency exists.

If court appoint SEC. 717. If any of the days mentioned in the last section happen to or adjourn for such be a day appointed for holding a court, or to which it is adjourned, it day to be deemed is deemed appointed for or adjourned to the next judicial day. for next judicial

day.

When judge does not attend.

SEC. 718. If no judge attend on the day appointed for holding a court before four o'clock in the afternoon, the court shall stand adjourned until the next day at nine o'clock; and if no judge attend on that day before four o'clock in the afternoon it shall then stand adjourned for the term.

Proceedings not Sec. 719. No proceeding in a court of justice, in any action or proaffected by failure ceeding pending therein, is affected by a vacancy in the office of the of term or vacancy. judge, or by the failure of a term thereof.

Application to SEC. 720. An application or other proceeding addressed to a court court or judge, shall be addressed to it by its style, as given in this code; an application or other proceeding addressed to a judicial officer shall be addressed to him by his name, without any other title than his style of office.

how addressed.

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