are several fendants notice Deponent to be being examined. on the summons to be left with the defendant in the cause; or until he shall have appeared for his principal in the cause, before the Justice of the Peace, Referees or Arbitrators, or in the Court where the said action shall be pending, or shall have given notice in writing, stating he is attorney in the cause, to the other party or his attorney. And where there Where there are several plaintiffs or defendants in any action, such notice plaintiffs or de- to one of them, or the notice aforesaid to be given by the said to one good. Justice, given to one of them, shall be deemed sufficient. SEC. 3. Be it further enacted, That every person deposcautioned and ing as aforesaid, shall first be cautioned and sworn or affirmsworn before ed to testify the truth, the whole truth and nothing but the truth, and being afterwards carefully examined shall subscribe the testimony by him or her given, after the same shall he written by be reduced to writing, which shall be done only by the Jusnent or a disin- tice taking the deposition, or by the deponent, or some disinterested person. terested person in the presence of the said Justice; and the deposition so taken shall be retained by such Justice until he deliver the same together with a certificate of the reasons for Justice to hand taking such deposition, and of notice, if any, with his own it into Court, hand to the Court, Justice, Referees or Arbitrators, for which it may have been taken, or shall, together with such certificate as aforesaid, be sealed up by him, and directed to such Court, Justice, Referees or Arbitrators, and remain under his raktif seal until opened in Court, or by such Justice, Referees or Arand seal it up. bitrators: which certificate shall be in substance as follows, to wit: Deposition to &c. mal caption, Form of summons to depo nent. Lord SS. day of On the in the year of our the aforesaid deponent was examined and cautioned, and sworn, (or affirmed,) agreeably to law, to the deposition aforesaid by him subscribed, taken at the request of and to be used in an action of now pending between him and before [here name the Court, Justice, Referees or Arbitrators]; and the adverse party was, or was not present, (as the case may be,) the said deponent living more than thirty miles from the place of trial, or being about to go out of the State and not to return in time for the trial, or being bound on a voyage to sea, or being so sick, or being so infirm, or being so aged as to be unable to travel and attend at the trial, is the cause of taking this deposition. Justice of the Peace. SEC. 4. Be it further enacted, That such Justice when requested by the party applying as aforesaid, shall issue his summons to the deponent in substance as follows, to wit: of in the county of (L. s.) SS. Το Greeting. Whereas A. B. of in the county of [addition] has requested me to take your deposition, to be used in an action now pending between him and in at and the day of and the house of in the year of our Lord noon, are appointed the time and place for taking the same deposition : You are hereby required in the name of the State of Maine, then and there to appear to testify what you know relating to the said action. Hereof fail not. Given under my hand and seal at day of tice of the Peace. in the year of our Lord the Jus fectual. of serv Which summons when served, and the service thereof prov-Manner semed as before prescribed, in the case of the said notification, mons, to be efshall be deemed good and sufficient; and if any deponent so summoned shall neglect to appear at the time and place appointed in the summons, and having tendered to him or her thirty-four cents for his or her time, and four cents a mile for his or her travel, computing from the deponent's said place of abode to the place of caption, and back, such deponent shall Penalty for non be subject to like actions, forfeitures and attachment as are such witness. provided by law where witnesses are summoned to Court and do not appear. attendance of In certain cas. in open Court, SEC. 5. Be it further enacted, That if on the trial of any testimony cause, either party shall make it appear probable to the Court, may be taken that it will not be in his power to produce the witnesses, there to be used on testifying on the appeal or review of the cause, and shall move appeal, &c. that their testimony be taken down in writing, it shall be done by the Clerk of the said Court, or by such Justice of the Peace as the Court shall appoint; and if any appeal or review be had, such testimony may be used, if it shall appear to the satisfaction of the Court that the witnesses are then living more than thirty miles from the place of trial, or dead, or gone out of the State, or on a voyage to sea, or so sick, infirm or aged as then to be unable to travel and attend at the trial, and not otherwise. And in every case, (as oral testimony examined But not to be and cross-examined in open Court is to be preferred to depo- used if the wit sitions, when it can be reasonably had,) where the deposition produced. of a witness shall have been taken, it shall not be used in the cause at the trial, by the Court, Justice, Referees or Arbitrators, if the adverse party shall then make it appear that the reasons for taking the said deposition no longer exist; but that the witness is within the said distance, and able personally to appear. nesses can taken out of rejected at the the Court. SEC. 6. Be it further enacted, That all depositions taken out Depositions of this State before any Justice of the Peace, Public Notary the State may or other person legally empowered to take depositions in the be admitted or State or County where such depositions shall be taken and discretion of certified, may be admitted as evidence in any civil action, or rejected at the discretion of the Court: Provided nevertheless, Provided adThat if the adverse party or his attorney shall live within verse party be twenty miles of the place of caption, no deposition shall be ad- within twent mitted, unless it shall appear by the caption or affidavit, that such adverse party or his attorney was notified of the time and place of caption. SEC. 7. Be it further enacted, That the Justices of the Su notified, miles. may grant ded. depositions, on Judicial Courts preme Judicial Court and of the Circuit Court of Common imus for taking Pleas, may grant a dedimus protestatem to have depositions such terms as taken, either within or without the State, in any action, suit or they may deem controversy pending in said Courts respectively, on such proper. terms and conditions as they from time to time shall prescribe. Depositions in SEC. 8. Be it further enacted, That where any deposition bow taken and shall be taken in perpetual remembrance of a thing, it shall be perpetuam, certified, Form of the caption. Deposition to be recorded in county where son lives for done by two Justices of the Peace, quorum unus, and they shall cause such as they know to be interested, to be duly notified of the time and place of the caption, if within twenty miles thereof, or in this State; and if without that distance, their attorney, if any they have; and the deposition being reduced to writing by one of the Justices or by the deponent in their presence and subscribed, the said Justices shall administer the oath and certify the caption and the names of all persons, whom they notified of the taking thereof, in substance as follows, to wit: the SS. Town of year of our Lord State of Maine. this in day of personally appeared before us, the subscribers, two Justices of the Peace in and for the county of quorum unus, the aforesaid deponent, and after being carefully examined, and duly cautioned to testify the whole truth and nothing but the truth, made oath, or affirmed, that the foregoing deposition by him subscribed is true. Taken at the request of to be preserved in perpetual remembrance of the thing. And we duly notified A. B., C. D., E. F., being all the persons living within twenty miles of this place of caption, or in this State, we knew to be interested in the property to which the said deposition relates; and attended, if any person so notified did attend,] or not knowing any persons, living within twenty miles of said place of caption, or within the State, interested in the property whereto the aforesaid deposition relates, did not notify any persons to attend. we And the same deposition and caption shall within ninety within 90 days days be recorded in the office of the Register of Deeds in land lies, the county where the land lies, if the deposition respected real or where per- estates; and if the same respected personal estates, then in whom taken if the said office of the county where the person lives for whose it relates only use such deposition was taken; and such certificate shall be certified on the deposition, and the same deposition so certified, Certified copy or a copy of the said record, may in the case of the death of tion to be legal such deponent, absence out of the State, or inability to attend proof, if depo- the Court as aforesaid, be used as evidence in any cause to to personal es tate. of such deposi nent cannot a tend. Persons scrupulous of tak. ing an oath may affirm. which it may relate. SEC. 9. Be it further enacted, That every person who shall be conscientiously scrupulous of taking an oath, and who on any lawful occasion shall be required to take an oath as a witness in any cause, shall instead of the usual form be permitted mation. to affirm in these words, to wit "I, A. B. do affirm under the Form of affirpains and penalties of perjury," which affirmation shall be deemed of the same force and effect, as his or her oath would have been on the same occasion, taken in the usual form. And if any person making such affirmation shall be convicted Wilful and wilfully, falsely and corruptly to have testified in any matter on punished or thing, he or she so offending shall incur the same penalties and forfeitures as by the laws of this State are enacted against persons convicted of wilful and corrupt perjury. talse affirma as perjury. for false swear for false swear SEC. 10. Be it further enacted, That if any person shall same penalties wilfully, falsely and corruptly swear or affirm, in giving or ing in giving making any deposition or affidavit in this Act provided to be depositions as taken, he or she shall incur the same penalties, as if the testi- ing in open mony had been taken in open Court, and wilful perjury committed in giving the same. [Approved March 15, 1821.] -00 CHAPTER LXXXVI. An Act for the relief of Persons who are scrupulous of taking Oaths. Court. Certain per lous of taking an oath, may take and sub SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That whenever any person shall sons, scrupu be required to take or subscribe any oath, before he enters on the discharge of any office, place or business, or on any seribe an affirother lawful occasion, and such person shall be conscientious-ation. ly scrupulous of taking or subscribing an oath, he or she shall be permitted to make or subscribe affirmation, instead of the oath which is or may be by law prescribed, changing such parts of any such oath as ought to be changed, conformably to the Constitution of this State. tion, o be pun SEC. 2. Be it further enacted, That if any person shall wil- False and corfully, falsely and corruptly, make or subscribe any such af- rupt afirmafirmation as aforesaid, he or she shall be liable to the same ised as perjury. pains and penalties as are or may be by law provided against persons who wilfully, falsely and corruptly take or subscribe the oath for which such affirmation is substituted. [Approved February 19, 1821.] :00: CHAPTER LXXXVII. An Act for admitting Inhabitans of Towns and certain other Corporations as Witnesses. public corpora BE it enacted by the Senate and House of Representa- Inhabitants of tives, in Legislature assembled, That in all suits at law whether counties, towns, of a civil or criminal nature, now depending, or that hereafter ions, &c. may may be depending in any Court, or before any Justice of the be admitted as Peace, within this State, wherein any county, town, public cor- actions where poration, charitable, religious or literary incorporated socie- towns or cor witnesses, in the counties, porations of which they are members are parties or interested. ty, is or may be a party, or interested in the event of the suit, inhabitants or any inhabitant of such county or town or member of such other incorporated society, shall and may be admitted as a competent witness; and his deposition may be used, if duly taken, and for legal cause, in the trial of the cause as well for as against such county, town or other corporation: Provided, Provided they He hath no other interest therein, than as an inhabitant or have no other interest nor otherwise disqualified. In actions on of Exchange this State. member of such county, town or other corporation, and is not otherwise legally disqualified; any law, usage or custom to the contrary notwithstanding. [Approved February 28, 1821.] :00: CHAPTER LXXXVIII. An Act regulating Damages on inland Bills of Exchange. SEC. 1. BE it enacted by the Senate and House of Representaprotested Bills tives, in Legislature assembled, That when any Bill of Exchange, payable out of drawn or endorsed within this State, payable at any place without the State, and within the United States, and the territories thereof, which upon being duly presented for acceptance or payment, shall not be accepted, or paid, according to the order of said bill, or the terms of said acceptance, (if any,) and shall thereupon be regularly protested, every person drawing or endorsing such bill within the State, who shall be liable by law for the contents of said bill, to any holder or party thereto, shall, in addition to the contents of said bill, and to the cost and lawful interest, be liable for, and pay damages, at the following rates, viz: Upon all such bills payable within Rule of esti- the States of New-Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut or New-York, three per cent. on the amount of such bill; if payable within the States of New-Jersey, Pennsylvania, Delaware, Maryland, Virginia or District of Columbia, five per cent.; if payable within the States of North Carolina, South Carolina or Georgia, six per cent.; if payable within any other of the United States, or the territories thereof, nine per cent. mating damag es, On bills 100 payable in the State at dis Lance of 75 miles from place where drawn. SEC. 2. Be it further enacted, That when any Bill of ExO Protested change, or order for the payment of money drawn or endors dollars or more ed within this State, for one hundred dollars, or upwards, and payable at any place within the same, distant seventy-five miles or more, from the place where the same is drawn or endors ed as aforesaid, which shall not be duly accepted and paid according to the order of said bill, or if accepted, which shall not be paid according to the terms of the acceptance, the perRule for esti son drawing or endorsing the same, within this State at the distance of seventy-five miles or more from the place of payment, and who is liable by law, for the contents of said bill or order, to the holder thereof or any party thereto, shall, in ad mating damag·' es, |