1822 - Edocs

39
the suit, by some fit person to the Superior Court of the
next convenient County, as the judge may direct, and the
Clerk of such Court shall receive them, and give a receipt
therefor, and dockett the suit in order, and the Court
shall have full authority and jurisdiction to award subpoe-
na's for witnesses, and to enforce their attendance ; to
grant rules and commissions for the taking of depositions
; to hear and determine the said controversy, to award
execution, and to do every thing relating thereto,
which the Court, from which the suit was removed might
haw clone. The expenses attending the removal of such
suii shall be paid by the petitioner, and the person employed
to carry the papers shall have the same fees for
travelling as a sheriff, which shall be paid to the clerk be-
fore tne papers leave the office. The petition, affidavit
and judges order, together with the expenses attending
the removal, shall be deppsited with the clerk, at least
thirty days, before the Court to which the suit shall be set
But one removal.
for trial. No change of venue shall take place, so as to
have the cause sent to either of the Counties where the
parties or cither of them reside, nor shall theie be more
than one removal of the same cause.
54. Be it further enacted. That, when the testimony of Depositions, De
any person shall be necessary in any civil cause depend- Bene Esse,
ing in the respective Courts of record, in this Territory,
who Jive at a greater distance from the place of trial than
sixty miles, or is about to go out of the County or Territory,
and to a greater distance from the place of trial than
aforesaid, before the time of trial, or is ancient or infirm,
or w'>ere the claim or defence of any party, or a material
part thereof, shall depend upon a single witness, the deposition
of such person may be taken upon a rule of such
Com t, to be entered either on motion, during the sitting
of the Court, or in vacation with the clerk, and in the lat-
ter case to be taken de bene esse, before any judge or justire
of the peace of this Territory, or before any judge or
justice of the peace of any of the United States or Tei ritories;
provided that a copy of such rule top-ether with a ProviSQ-
Motice of the time and place of takinp* such depositions be
first served on the adverse party, if such party resides in
the Territory, or his attorney of record, if the party does
not reside in this Territory, or in case neither the party
nor his attorney resides in this Territory, the same notice
shall be put up in the clerk's office of the proper County,
such notification to be served as aforesaid, not less than
three days before the taking of such depositions, and allowing
moreover, one day, Sundays inclusive, for every
twenty miles travel.—The said court shall have power to
grant commissioners, to take deposit ioi s unon interrogatories,
to such commissions annexed, whenever it may be