request it was taken, and either of the persons named in the state- CHAP. 133. ment, and duly notified, or those claiming under either, concerning the title, claim or interest, set forth in the statement; subject to the same objections, as if it had been originally taken for the suit. tions may be SECT. 30. Depositions to perpetuate the testimony of witnesses, Such deposiliving out of the state, may be taken in any other state, or in any taken out of the foreign country upon a commission to be issued by the supreme state. judicial court or district court, in the manner hereinafter provided. commission SECT. 31. The person, desirous to procure such depositions, Application to may apply to either of said courts, and file a statement of the kind the court, for a described in the twenty fifth section of this chapter; and, if the therefor. subject of the deposition relates to real estate in this state, such statement shall be filed in the county or counties, where the same lies; and, if not, then in the county, where some of the parties reside. SECT. 32. The court shall order notice to be served on each of Notice to perthe persons named in said statement, and living in the state, four- sons interested. teen days before the time appointed for hearing the parties. SECT. 33. The court, on hearing the parties, or the applicant, Court may issue if no adverse party appears, may issue a commission, if they see a commission. cause, for taking such deposition, in like manner as in a cause pending. interrogatories. SECT. 34. The deposition shall be taken upon interrogatories, Deposition to filed by the applicant, and cross interrogatories, by any party ad- be taken upon versely interested, substantially in the same manner, as when taken to be used in pending causes. vacation, and SECT. 35. Or the person wishing to take the deposition may Application file his statement in the clerk's office in vacation, and cause notice may be filed in to be given to the persons named therein as interested, fourteen days notice given. at least before the next term of the court, at which time the parties may be heard. nent to appear, 1333, 85, § 1. SECT. 36. Whenever any judge or register of probate, notary Proceedings, to public, or clerk of the supreme judicial court, or any justice of the compel a depopeace and of the quorum, shall have summoned any person to to give his depappear before him, to give his deposition to be used in any cause, osition. pending in any court, in this or in any other state, or to give his deposition, to perpetuate the testimony of any witness, and such summons shall have been served and returned by a sheriff, deputy sheriff or constable, or in the manner prescribed in the sixth and twelfth sections of this chapter, and proof of such service is entered on such summons, and legal fees shall have been tendered to such witness, a reasonable time before the day appointed for taking his deposition, and such witness shall refuse to attend, such judge, register, notary, clerk or justice, may adjourn the time of taking such deposition to a future hour or day, as may be convenient, and issue a capias, directed to a proper officer, to apprehend such witness and bring him before such judge, register, notary, clerk or justice, at the time and place to which such adjournment was ordered. SECT. 37. If such witness, being so brought before such judge, Punishment, if register, notary public, clerk or justice, shall refuse to depose and he refuse to deanswer such questions, as may be propounded to him by either of 1833, 85, § 2. pose. CHAP. 133. the parties or persons interested, under the direction of the person taking the deposition, he may commit such witness to the prison of the county, for a contempt, in like manner, as the supreme judicial court or district court might commit any witness, refusing to testify in open court. Certain deponents may af firm. 1821, 85, § 9. If a false depo it is to be SECT. 38. Any person, conscientiously scrupulous of taking an oath, when lawfully required, may make his affirmation under the pains and penalties of perjury; and the same shall be deemed to have the same force and effect, as his oath would have, on the same occasion. SECT. 39. Any person, wilfully, falsely, and corruptly swearing sition be given, or affirming, in giving or making any deposition or affidavit required in this chapter, shall incur the same penalties, as if the testimony had been given in open court, and wilful perjury committed in giving the same. deemed perjury. 1821, 85, § 10. SECT. 40. When a clerk of a judicial court, in any other state, shall certify, officially in writing, that, there is pending in such court a criminal cause, and that a person in this state is supposed to be a material witness, in the cause for the state, or the accused, any justice of the peace, when applied to, shall, on the back of such certificate, issue a summons, requiring such witness to appear and testify at such court, and, if any such person, so summoned, and having tendered to him a sum equal to twenty cents per mile, from the abode of the witness to the court, and two dollars at the end of every day for his attendance, and having no reasonable excuse, shall neglect so to appear and testify as aforesaid, he shall forfeit and pay three hundred dollars to him, who shall sue for the same in this state, in an action of debt; but no such witness shall be bound to go more than five hundred miles, for such purpose. SECT. 41. Whenever a creditor has, or shall have attached, on mesne process, the right in equity which the defendant has, or shall have, of redeeming any real estate mortgaged, and shall have recov ered judgment and execution against such debtor, and is desirous of having such right sold on execution according to law, he may demand of the mortgagee, or person claiming under him, a disclosure, in writing under his hand, of the sum then due and secured by such mortgage, together with the condition of such mortgage. SECT. 42. It shall be the duty of such mortgagee, or person claiming under him, within twenty four hours of such demand, to furnish such statement to the creditor, and be liable for all damages occasioned by a neglect so to furnish the same. SECT. 43. The creditor may, after the expiration of said twenty four hours, if such disclosure is not furnished as aforesaid, apply to such judge, register, notary, clerk or justice of the peace and quorum of the county, in which such mortgagee, or person claiming under him, resides; and such magistrate shall, thereupon, proceed to take the deposition of such person, in relation to the facts required to be given to him by the statement aforesaid, for perpetuating the testimony of such person, and the knowledge of the facts testified; and such judge, register, clerk, notary or justice, may make use of all such power, to compel a disclosure of the facts demanded in such statement, as is mentioned in the thirty seventh section of this chapter. ses. SECT. 44. No person shall be deemed an incompetent witness, CHAP. 133. by reason of having committed any crime, unless he has been con- Who are comvicted thereof in this state; but the conviction of any person, in petent witnesany court without the state, of a crime, of which, if he had been convicted in this state, it would render him an incompetent witness, may be given in evidence to affect his credibility. How records of courts of other states are to be SECT. 45. The records and proceedings of any court of another state, or of the United States, shall be admissible in evidence in all cases in this state, when authenticated by the attestation of the authenticated. clerk, prothonotary or other officer, having charge of the record of such court, with the seal of such court annexed. 4 Greenl. 124. utes, when SECT. 46. The printed copies of all statutes, acts and resolves Printed copies of this state, whether of a public or private nature, which shall be of Maine statpublished under the authority of the government, shall be admitted proof. as sufficient evidence thereof, in all courts, and on all occasions 1821, 59, § 33. whatever. other states, SECT. 47. The printed copies of statutes of any other of the Printed copies United States, or of the territories thereof, if purporting to be pub- of statutes of lished under authority of the respective governments, or if commonly how far eviadmitted and read as evidence in their courts, shall be admitted in dence. all our courts of law, and on all occasions, as prima facie evidence of such laws. of other states, SECT. 48. The unwritten law of any other of the United Unwritten law States or of the territories thereof, may be proved as facts by parol how proved. evidence, and the books of reports of cases, adjudged in their courts, may also be admitted in evidence of such law. proved. SECT. 49. The existence and tenor or effect of all foreign laws Laws of foreign may be proved, as facts, by parol evidence; but, if it shall appear, countries, how that the law in question is contained in a written statute or code, 14 Mass. 455. the court may, in their discretion, reject any evidence of such law, that is not accompanied by a copy thereof. dered to witnesses. SECT. 50. No person shall be obliged to attend as a witness, Fees to be tenunless the fees are paid or tendered to him, which are allowed by law for one day's attendance, and travel to and from the piace of 1821, 59, § 38. attendance. SECT. 51. Any person, obliged to attend, who shall fail so to Penalty for non attend, without reasonable cause, shall be liable to payment of all attendance. 1821, 59, § 38. damages thereby occasioned to the aggrieved party; and such failure shall be considered a contempt of court; and may be punished as such, by a fine not exceeding twenty dollars. oaths. SECT. 52. The usual mode of administering oaths now in prac- Manner of adtice, with the ceremony of holding up the hand, shall be observed; ministering unless the court or magistrate shall be satisfied, that such person has 1821, 59, § 29. any peculiar mode of swearing, which he may deem more solemn. SECT. 53. Every person, believing in any other than the chris- Same subject. tian religion, may be sworn according to the peculiar ceremonies of 1821, 59, $29. his religion. tain crimes, in SECT. 54. No person, convicted by any court of law in this Persons constate, of any infamous crime, and sentenced according to law upon victed of cerany such conviction, shall be admitted as a competent witness in competent witthe trial of any civil or criminal cause, unless his competency shall nesses. have been restored by a pardon. CHAP. 134. Appointment. Power to authenticate deeds. CHAPTER 134. OF COMMISSIONERS TO TAKE ACKNOWLEDGMENT OF DEEDS OR OTHER SECT. 1. Appointment. Power to authen- SECT. 3. May administer oaths, and take ticate deeds. 2. Legal effect of their official acts depositions. 4. Qualification. Seal. SECTION 1. The governor shall have power to appoint one or more commissioners in any other of the United States, who shall continue in office during the pleasure of the governor; and shall 1837, 290, 1. have authority to take the acknowledgment and proof of the execution of any deed or other conveyance or lease of any lands, lying in this state; and of any contract, letter of attorney or any other writing, under seal or not, to be used or recorded in this state. Legal effect of their official acts and certificates. SECT. 2. Such acknowledgment or proof, so taken according to the laws of this state, and certified by any such commissioner, under his seal of office, annexed to, or indorsed on such instrument, 1837, 290, § 1. shall have the same force and effect, as if the same had been made before a judge or justice of the peace, or other officer, authorized to perform such acts in this state. May adminis ter oaths, and take deposi tions. SECT. 3. Every commissioner, appointed as before mentioned, shall have power to administer an oath, which may be lawfully required in this state, to any person willing to take it; and to take 1837, 290, § 2. and duly certify all depositions to be used in any of the courts of this state, in conformity to the laws thereof, either on interrogatories proposed under commission from a court of this state, or by consent of parties, or on legal notice given to the opposite party; and all such acts shall be as valid, as if done and certified according to law by a magistrate in this state. SECT. 4. Every such commissioner, before performing any duty, or exercising any power in virtue of his appointment, shall take and subscribe an oath or affirmation before a judge or clerk of one of the superior courts of the state in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of Maine; which oath and a description of his seal of office, shall be filed in the office of the secretary of this state. CHAPTER 135. OF THE SELECTION AND SERVICE OF JURORS. SECT. 1. Board for preparing lists of jurors. SECT. 5. Number required to be kept in the Towns may make alterations. 2. Lists, how prepared. 3. Persons exempted from serving. 4. Tickets of names to be kept in jury box; liable to be drawn once jury box. 6. Names may be withdrawn in cer tain cases. 7. Commissioners to divide the courty into jury districts. 8. How divided, and numbered. SECT. 9. Copy of division to be furnished SECT. 21. Penalty for neglect of selectmen CHAP. 135. to the clerk. 10,11. Rule, by which the clerk shall 12. Grand jurors in the district court 13. When venires shall issue for such. 17. Date of draft to be indorsed on 18. Constable to notify jurors. 19. Return of venire. 20. Indorsement to be transferred, if or clerk. 22. Penalty for neglect of constable. 25, 26. Penalty for neglect of juror to 27. Penalty for fraud by town clerk or 28, 29. Recovery, and appropriation of 30. When no traverse jurors are to be Jurors. Towns terations. SECTION 1. The selectmen of each town, together with the Board for pretreasurer and clerk of each town, shall constitute a board for pre- paring lists of paring lists of jurors to be laid before such town for their approval; may make aland the said town shall have power, by a majority of the legal 1994, 61. voters in legal town meeting assembled, to make alterations in such 1834, 136, § 1. lists, by striking out such names therefrom, as they may think proper to erase; but shall not be allowed to insert any other names therein. pared. SECT. 2. Such board shall, once, at least, in every three years, Lists, how preprepare a list of such persons, under the age of seventy years, in 1821, 84, § 1. such town, as they shall judge best qualified to serve as jurors; being persons of good moral character, and qualified as the constitution directs, to vote in the choice of representatives. serving. SECT. 3. The following persons shall be exempted from serving Persons exas jurors, and their names shall not be placed on the said lists, empted from namely; the governor, counselors, judges and clerks of the common 1821, 84, § 1. law courts, secretary and treasurer of the state, all officers of the United States, judges and registers of probate, registers of deeds, settled ministers of the gospel, officers of any colleges, preceptors of incorporated academies, physicians and surgeons regularly authorized, cashiers of incorporated banks, sheriffs and their deputies, coroners, counselors and attorneys at law, county commissioners, constables and constant ferrymen. Tickets of be drawn once SECT. 4. The said board, after the list of jurors shall have been names to be approved by the town, as mentioned in the first section, having kept in jury written their names upon tickets, shall place them in the jury box; box; liable to and the same shall be held and kept by the town clerk; and the in three years. persons, whose names shall be contained in the box, shall be liable 1821, 84, § 1. to be drawn and serve on any jury, at any court for which they 8 Pick. 504. may be drawn, once in every three years, except as provided in the sixteenth section, and not oftener. 16 Mass. 220. SECT. 5. It shall be the duty of each town to provide and have Number requirconstantly kept in the box, ready to be drawn when required, ed to be kept in the jury box. the names of a number of jurors, not less than one, and not more 1821, 84, § 2. than two for every hundred persons in such town, according to the 1823, 214, § 2. last census, taken next before preparing the box. withdrawn in SECT. 6. If any person, whose name shall be in the box, shall Names may be be convicted of any scandalous crime, or be guilty of any gross certain cases. immorality, his name shall be withdrawn from the box by the board. 1821, 84, § 3. |