not agree, to any judge or justice of the peace selected by the officer granting the commission, or to a commissioner appointed by the governor of the territory to take affidavits and depositions in other states and territories, or to a notary public.

Sec. 483. Such proper interrogatories, direct and cross, as the respective parties may prepare, to be settled, if the parties disagree as to their form, by the judge or officer granting the order for the commission at a day fixed in the order, may be annexed to the commission; or when the parties agree to that mode, the examination may be without written interrogatories.

Sec. 484. The commission shall authorize the commissioner to administer an oath to the witness, and to take his deposition in answer to the interrogatories; or when the examination is to be without interrogatories in respect to the question in dispute, and to certify the deposition to the court in a sealed envelope, directed to the clerk or other person designated or agreed upon, and forwarded to him by mail or other usual channels of conveyance.

Sec. 485. A trial or other proceeding shall not be postponed by reason of a commission not returned, except upon evidence satisfactory to the court that the testimony of the witness is necessary and that proper diligence has been used to obtain it.

CHAPTER VII.

OF PROCEEDINGS TO PERPETUATE TESTIMONY.

Sec. 486. Testimony may be perpetuated.

Sec. 487. The applicant shall present verified petition to a judge, granting and service of order.

Sec. 488. Upon due service of notice, the deposition of witness may be taken.

Sec. 489. Manner of taking deposition and filing thereof. Sec. 490. Affidavits, etc., filed with deposition, shall be prima facie proof of the facts therein stated.

Sec. 491. Manner of using such depositions, if trial be had.

Section 486. The testimony of a witness or witnesses may be taken and perpetuated as provided in this chapter.

Sec. 487. The applicant shall present to a district or probate judge a petition verified by the oath of the applicant, stating: First. That the applicant expects to be a party to an action in a court in this territory, and in such case the name or names of the person or persons whom he expects will be adverse parties; or, second, that the proof of some fact or facts is necessary to perfect the title to property in which he is interested, or to establish

marriage descent, heirship, or any other matter which may hereafter become material to establish, though no suit may at the time be anticipated, or if anticipated, he may not know the parties to such suit; and, third, the name or names of the witness or witnesses to be examined at his or their place of residence, and a general outline of the facts expected to be proved. The judge to whom such petition is presented shall make an order allowing the examination and prescribing the notice to be given, which notice, if parties are known and reside in this territory, shall be personally served on them; and if unknown, such notice shall be served on the clerk of the county where the property to be affected by such evidence is situated, and a notice thereof to be published in some newspaper to be designated by the judge making the order.

Sec. 488. Upon proof of the service of the notice as provided in the last section, it shall be the duty of the judge before whom the depositions are taken, to proceed to take the depositions of the witnesses named in said petition, upon the facts therein set forth, and the taking of the same may be continued from time to time in the discretion of the judge.

Sec. 489. The examination shall be by question and answer, unless the parties otherwise agree. The deposition when taken shall be carefully read to and subscribed by the witness, then certified by the judge, and immediately thereafter filed in the office of the clerk of the district court of the county where the same was taken, together with the order for the examination, the petition on which the same was granted, and the proof of service of notice.

Sec. 490. The affidavits or other proofs filed with the depositions, or certified copies thereof, shall be prima facie evidence of the facts therein stated.

Sec. 491. 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 such depositions prove or tend to prove, upon proof of the death or insanity of the witness or witnesses, or if his or their inability to attend the trial by reason of age, sickness, or settled infirmity, the deposition or depositions, or certified copies thereof, may be used by either party, subject to all legal objections. But if the parties attend at the examination, no objection to the form of an interrogatory shall be made at the trial, unless the same was stated at the examination.

CHAPTER VIII.

ADMINISTRATION OF OATH AND AFFIRMATIONS.

Sec. 492. Authorizing certain persons to administer oaths. Sec. 493. A person may be sworn according to the peculiar ceremonies of his religion.

Sec. 494. A witness may, instead of taking the oath, make an affirmation.

Section 492. Every court of this territory, every judge or 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. 493. 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. 494. 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:

and

You do solemnly affirm that the evidence you shall give in this issue (or matter) pending between shall be the truth, the whole truth, and nothing but the truth. Assent to this affirmation shall be made by answer, "I do." A false affirmation or declaration shall be deemed perjury equally with a false oath.

CHAPTER IX.

INSPECTION OF DOCUMENTS, AND MISCELLANEOUS PROVISIONS AS TO RECORDS, WRITINGS, &C.

Sec. 495. The court may, upon notice, order a party to grant an inspection of a book, etc., relating to the merits of a

case.

Sec. 496. When there may be evidence of the contents of a writing other than itself.

Sec. 497. Introduction in evidence of a writing altered in a material part.

Sec. 498. Proof of a judicial record of this territory, or of the United States.

Sec. 499. Proof of the records, etc., of any other state or territory

of the United States.

Sec. 500. Proof of a judicial record of a foreign country.

Sec. 501. Proof of a copy of a judicial record of a foreign country.

Sec. 502. Printed copies of statutes, etc., of another territory, state, or government, admitted as presumptive evi

dence.

Sec. 503. Impression of a seal of a court or public officer.
Sec. 504. Actions respecting mining claims.

Sec. 505. Inspection, examination, or survey of mining claims.

Section 495. Any court in which an action is pending, or a judge thereof, may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy of any book, document, or paper in his possession or under his control, containing evidence relating to the merits of the action or the defence therein. If compliance with the order be refused, the court may exclude the book, document, or paper from being given in evidence; or if wanted as evidence by the party applying, may direct the jury to presume it to be such as he alleges it to be; and the court may also punish the party refusing for a contempt. This section shall not be construed to prevent a party from compelling another to produce books, papers, or documents, when he is examined as a witness.

Sec. 496. There shall be no evidence of the contents of a writing other than the writing itself, except in the following cases: First. When the original has been lost or destroyed, in which case proof of the loss or destruction shall first be made. Second. When the original is in possession of the party against whom the evidence is offered and he fails to produce it after reasonable notice. Third. When the original is a record or other document, in the custody of a public officer. Fourth. When the original has been recorded and a certified copy of the record is made evidence by statute. Fifth. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.

Sec. 497. The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, and such alteration. is not noted on the writing, shall account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made. If he do that he may give the writing in evidence, but not otherwise.

Sec. 498. A judicial record of this territory, or of the United

States, may be proved by the production of the original, or a copy thereof, certified by the clerk or other person having the legal custody thereof, under the seal of the court, to be a true copy of such record.

Sec. 499. The records in judicial proceedings of the courts of any other state or territory of the United States may be proved or admitted in the courts of this territory, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.

Sec. 500. A judicial record of a foreign country may be proved by the production of a copy thereof, certified by the clerk, with the seal of the court annexed, if there be a clerk and seal, or by the legal keeper of the record with the seal of his office annexed, if there be a seal, to be a true copy of such record; together with a certificate of a judge of the court, that the person making the certificate is the clerk of the court, or the legal keeper of the record, and in either case, that the signature is genuine, and the certificate in due form; and also, together with the certificate of the minister or ambassador of the United States, or of a consul of the United States, in such foreign country, that there is such a court, specifying generally the nature of its jurisdiction, and verifying the signature of the judge and clerk, or other legal keeper of the record.

Sec. 501. A copy of the judicial record of a foreign_country shall also be admissible in evidence upon proof: First. That the copy offered has been compared by the witness with the original and is an exact transcript of the whole of it. Second. That such original was in custody of the clerk of the court or other legal keeper of the same; and, third, that the copy is duly attested by a seal which is proved to be the seal of the court where the records remain if it be the record of court, or if there be no such seal, or if it be not the record of a court, by the signature of the legal keeper of the original.

Sec. 502. Printed copies, in volumes, of statutes, code, or other written law, of any other territory, or any state or foreign government purporting or proven to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts and judicial tribunals of such state, territory, or governments, shall be admitted by courts and officers of this territory on all occasions as presumptive evidence of such laws.

Sec. 503. A seal of a court or public officer when required to any writ, or process, or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance, and then attached to the writ, process, or