prescribing the notice to be given, which notice, if the parties expectant are known, and reside in this territory, must be personally served; and, if unknown, such notice must be served on the clerk of the county where the property to be affected by the evidence is situated, or the judge making the order resides, as may be directed by him, and by publication thereof in some newspaper, to be designated by the judge, for the same period required for the publication of summons. The judge must also designate in his order the clerk of the county to whom the depositions must be returned when taken. SEC. 666. The person appointed by the judge to take the depositions is authorized, if a resident of this terriz tory, on receiving a copy of the order of the judge, and of the notice prescribed in the last section, with proof of its personal service or publication, or if a resident without the territory, on receiving the commission mentioned in the next section, with proof of like service of publication of the notice, to take the deposition of the witness named in the order of the judge or in the commission; or, if more than one witness is thus named, of such of them as appear before him at the time designated; and the taking of the same may be continued from time to time. Authority of pointed to person aptake evidence testimony. to perpetuate Mode of exand authority amination, SEC. 667. The examination must be by question and answer, and if the testimony is to be taken outside of this territory, it must be taken upon a commission to be issued by the judge allowing the examination, under the seal of the court of which he is judge, and upon interrogatories to be settled by the judge granting such commission, unless the parties expectant, if known, otherwise agree. If such parties are unknown, notice of the settlement of the interrogatories shall be published in some newspaper, for such time as the judge may designate. The deposition, when completed, must be carefully read to and subscribed by the witness, then Return of certified by the officer or person taking the same, and shall then be sealed up and delivered or transmitted to to examine. deposition. Papers in the proceeding deemed pri ma facie evi dence. tion or copies the clerk of the county designated in the order of the judge allowing the examination, who shall file the same when received. The judge allowing the examination shall file with the clerk the order for the examination, the petition on which the same was granted, with proof of service of the order and notice. SEC. 668. The petition and order and papers filed by the judge, as provided in section 665, or a certified copy thereof, are prima facie evidence of the facts stated therein to show compliance with the provisions of this chapter. SEC. 669. If a trial be had between the parties named in the petition as parties expectant, or their successors in interest, or between any parties, wherein it may be material to establish the facts which depositions prove, or tend to prove, upon proof of the death or When deposi insanity of the witnesses, or that they cannot be found, or are unable, by reason of age or other infirmity, to give their testimony, the depositions or copies thereof may be used by either party, subject to all legal objections; but if the parties attended at the examination, no objection to the form of an interrogatory can be made at the trial, unless the same was stated at the examination. may be used on trial. Effect of deposition. Who may administer oaths. SEC. 670. The deposition so taken and read in evidence has the same effect as the oral testimony of the witness, and no other, and every objection to the witness, or to the relevancy of any question put to him, or of any answer given by him, may be made in the same manner as if he were examined orally at the trial. CHAPTER VIII.—Administration of Oaths and SEC. 671. Every court of this territory, every judge or clerk or deputy clerk of any court, every justice of the peace, and every notary public, county clerk, and every officer authorized to take testimony, or to decide upon evidence in any proceeding, shall have power to administer oaths or affirmations. SEC. 672. 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. 673. A witness who desires it may, at his option, instead of taking an oath, make his solemn affirmation or declaration by assenting when addressed in the following form: "You do solemnly affirm that the evidence you shall give in this issue (or matter) pending between and Oath of a per son not a Christian. Form of affirmation. Acts and parts pealed. SEC. 674. That Chapters XLI. and LXXX. of an act entitled "An Act revising, re-enacting, and codifying the general and permanent laws of Montana territory," of acts reapproved January 12th, 1872, relating to limitations, and the first six hundred and fifteen sections of an act entitled "An Act to regulate proceedings in civil cases in the courts of justice of the territory of Montana," approved January 12th, 1872, be, and the same is hereby, repealed: Provided, That this act shall not be Act not to af so construed as to affect any suit or proceeding that may be pending in any court of this territory at the time this act shall take effect. fect pending actions. take effect. SEC. 675. This act shall take effect and be in force on and after the first day of August, one thousand eight When act to hundred and seventy-seven; except Chapter II. of Title XV., and III. of Title VIII., and section 84 of Chapter II. of Title VI., and section 241 of Chapter III. of Title VIII., which shall take effect and be in force from and after its passage. Approved February 16th, 1877. Exceptions. Appointment of commis deeds. COMMISSIONERS OF DEEDS. AN ACT to provide for the appointment of commissioners of deeds. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the governor of this territory may sioner of appoint and commission in any state or territory of the United States, or Dominion of Canada, one or more commissioners of deeds, to continue in office during the pleasure of the govenor, not exceeding the period of five years, who shall have power to administer oaths and take depositions, and the proof and acknowledgment of deeds, and other instruments, to be used or recorded in this territory. Term of Powers. office. Oath of commissioner. SEC. 2. Before such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath before some officer authorized to administer oaths in the state or territory for which he is appointed, that he will faithfully discharge the duties of his said appointment, which oath, together with an impression of his seal of office, shall be filed in the office of the governor of this territory: Provided, That no Fee for ap- commission shall issue until the applicant pays into the territorial treasury the sum of three dollars. pointment. SEC. 3. That Chapter XII. of an act entitled "An Act revising, re-enacting, and codifying the general and Act repealed. permanent laws of Montana territory," approved January 12th, 1872, be, and the same is hereby, repealed; but nothing in this act contained shall be so construed as to terminate the office of any commissioner of deeds heretofore appointed by the governor of this territory, before January 1st, 1878, nor until five years shall have expired after the date of his commission. Proviso. SEC. 4. This act shall take effect and be in force from and after its passage, and all acts in conflict with this act are hereby repealed. Approved January 26th, 1877. CONSOLIDATION OF OFFICES. AN ACT to consolidate the county offices of Meagher, Choteau, Be it enacted by the Legislative Assembly of the Territory SECTION 1. The sheriffs of the counties of Meagher, Choteau, Jefferson, Gallatin, and Missoula, shall be ex officio the assessors of said counties, and shall peform the duties now required by law to be performed by assessors, and shall, before proceeding to assess any property, take and subscribe the oath of office now required to be taken by assessors; and, in addition to his fees as sheriff, shall be entitled to receive not less than one-half nor more than three-fourths of one mill on the assessed value of all property returned by him, subject to all deductions made by the board of equalization: Provided, That the provisions of this bill shall apply to Gallatin county save and except as to the offices of probate judge and county clerk, which offices shall not in any case be consolidated in the said county of Gallatin. SEC. 2. That the probate judges of said several counties shall by virtue of their said offices be ex officio county clerk and recorder, and, in addition to the duties of said office of probate judge, shall perform the duties of county clerk and recorder, as prescribed by law, and shall, in addition to their fees as probate judge, receive the same fees as are by law allowed to said clerks and recorders for the services as such clerks and recorders; and before entering upon the discharge of their duties, they shall, in addition to their bonds as probate judge, execute the same bond as is now required by law of said clerk and recorder, and take the same oath of office as is now required of such clerk and recorder: Provided, That no compensation shall be allowed the probate judge, except the said fees now prescribed by law for the performance of the duties of probate judge and clerk and recorder. The county treasurers of said counties shall SEC. 3. |