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state, to continue in office during the pleasure of the governor, for the time being; who shall have power to administer oaths and to take depositions and affidavits to be used in this state; and also to take the acknowledgment of any deed or other instrument to be used or recorded in this state.
SEC. 3. All oaths administered by such commissioners, and all affidavits and depositions taken by them, and all acknowledgments aforesaid certified by them shall be as effectual in law, to all intents and purposes, as if done and certified by any judge, justice of the peace or public notary within this state.
SEC. 4. Before any commissioner appointed as aforesaid shall proceed to perform any of the duties of his office, he shall take and subscribe an oath before any justice of the peace or other officer authorized to administer oaths in the state for which such commissioner is appointed, that he will faithfully discharge all the duties of his office ; a certificate of which shall be filed in the office of the secretary of this state within six months after the taking of the same.
Sec. 5. It shall be the duty of every justice or notary, previous to the taking of any deposition as aforesaid within this state, to cause the adverse party, if residing in this state, or within one hundred miles of the place of caption, or in case of his absence his attorney, to be notified of the time and place appointed for taking the same, and that he may attend and put interrogatories to the deponent if he think fit; and the notification shall be issued by the justice or notary who shall take such deposition, and shall be directed to any proper officer or to any impartial and disinterested person; and shall be served a reasonable time, not less than twenty-four hours, before the time of taking such deposition. And the officer or other person charged as aforesaid with such notification, shall serve the same by reading it to the party to be cited, if to be found, and if not to be found, by leaving a copy thereof at his usual place of abode ; and shall in his return state the hour of the day when the service was made; and when such service shall be made by any person other than a sworn officer, he shall verify the same under oath before some justice or notary.
Sec. 6. Every person before deposing shall be carefully examined, cautioned and sworn to testify the truth, the whole truth, and nothing but the truth. He shall subscribe the testimony by him given after the same shall be reduced to writing, which shall be done only by the jnstice, notary or commissioner taking the deposition, or by the deponent in his presence; and the deposition so taken shall be retained by such justice, notary or commissioner, until he deliver the same with his own hand to the court for which it is taken, or shall, together with a certificate of its having been duly taken, be by said justice, notary or commissioner, sealed up and directed to such court, and remain so sealed until opened in court; and any person may be compelled to appear and depose as aforesaid within this state, in the same manner as to appear and testify in court.
Sec. 7. In the taking of all depositions without the limits of this state and within one hundred miles of the place where the court shall sit in which such depositions are to be used, it shall be the duty of the party causing such depositions to be taken, to notify the adverse party or his attorney of the time and place appointed for taking the same; and such notification issued by any justice or notary in this state shall be served in the manner herein before provided, such reasonable time before the taking of such depositions as will give the adverse party a full opportunity to be present in person, or by attorney, and put interrogatories to the deponent if he thinks fit.
Sec. 8. The deposition of any person taken pursuant to this act shall be used as evidence in the trial of any cause in which it shall have been taken to be used; and if the party that took the same shall neglect to produce and use it, the adverse party may use in such trial a copy of such deposition, certified by the magistrate before whom it was taken, with the same effect as if the original deposition had been produced and used by the party taking the same.
Sec. 9. If any witness shall be induced to go out of this state in order that his deposition may be taken without the adverse party's having due notice, the deposition of such witness taken by such undue means shall not be used or admitted as evidence in any court in this state.
Sec. 10. Depositions taken without this state to be used in the trial of any cause pending in any court in this state, shall be received as evidence, unless such depositions are taken in the manner in the preceding section mentioned: provided, such depositions shall be taken with the formalities required by the law of the state or country in which the same shall have been taken, or before some commissioner appointed in pursuance of the second section of this act, or by some judge, chancellor or other civil magistrate of such state or country, in conformity to the provisions of this act.
Sec. 11. The supreme court of this state or either of the courts of common pleas on the motion of either party in any
civil suit pending therein, shall be authorized to grant a commission to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice.
SEC. 12. Any justice of the supreme court or any justice of any court of common pleas, as well before as after the commencement of any civil suit or action, on application, shall be authorized to take depositions in perpetuam rei memoriam ; which depositions in case of the death of any deponent, his becoming non compos mentis, his absence from this state or inability to attend, may be used as evidence in any court in this state against any person who shall have had due notice of the taking of such deposition, his heirs, executors, administrators or assigns.
Sec. 13. The same formalities shall be observed in taking depositions in perpetuam rei memoriam, as in taking other depositions. The justice taking any such deposition shall seal up and direct the same to the clerk of the supreme court in the county in which some one of the persons notified of the taking of the same shall reside ; which clerk on receiving such deposition so directed and sealed up, upon payment of legal fees for recording as in other cases, shall open and record the same, and the certificate of the caption thereof, in a book to be specially kept for that purpose; noting on said deposition the time when he received it, and the page of the book in which it is recorded ; after which he shall deliver the original deposition to the party who took it: and no such deposition, not so recorded, shall be received as evidence in any court in this state, unless the same shall be opened in such court.
Sec. 14. No deposition taken within one hundred miles of the place of trial shall be used on the trial of any cause in any court in this state, which shall have been taken during the sitting of the court before which the cause may be pending, unless the same shall be taken by order of such court.
Sec. 15. Depositions may be taken in this state, to be used on the trial of any cause pending in any other state or government, by any person residing in this state, to whom a commission shall be directed and sent by such court, with such formalities as shall be prescribed in such commission, or as are prescribed in this act.
An Act to establish the limits of the several jail ya.
SECTION 1. Limits of the jail yard in the county 4. County of Bristol. of Newport.
i 5. County of Washington. 2. County of Providence.
6. Including all the lands and buildings 3. County of Kent.
within said limits.
It is enacted by the General Assembly, as follows :
Section 1. The jail limits in the county of Newport shall be as follows: beginning at the south end of Washington street; thence northerly along the salt water to the street north of Fort Greene called Pine street; thence easterly along the north side of said Pine street to Third street; thence southerly along the east side of said Third street to Walnut street ; thence easterly along the northerly side of said Walnut street to Farewell street; thence southerly along the easterly side of Farewell street to Warner street; thence easterly along the northerly side of said Warner to Spruce street; thence southerly along the easterly side of said Spruce street to Tanner street; thence easterly along the northerly side of said Tanner street to equality tree, standing on the intersection of Tanner and Broad streets; thence south westerly along the easterly side of said Broad street to Bull street; thence easterly along the northerly and easterly side of said Bull street to Catharine street; thence easterly along the northerly side of said Catharine street to Fir street; thence southerly along the easterly side of said Fir street to Beach road ; thence westerly along the southerly side of said Beach road to a street running southerly from said Beach road, west of Job and Joseph Tew's rope walk; thence southerly along the easterly side of said street to the southerly end thereof; thence westerly to Bellevue street, now East Touro street; thence southerly along the easterly side of said East Touro street, late Bellevue street, to Perry street; thence westerly along the southerly side of said Perry street to Spring street ; thence southerly along the easterly side of said Spring street to the northerly contemplated road to run westerly through the land of the heirs of William Lee, on the southerly side of said contemplated road, to Thames street; thence westerly in the same direction to the salt water ; thence northerly along the salt water so as to embrace within said northerly line all the wharves and docks, and fifty feet west of the heads of said wharves to the place of beginning.
Sec. 2. The jail limits in the county of Providence shall be as follows; beginning at the southerly line of Hopkins street, on the easterly side of South Main street ; thence running easterly on the southerly line of Hopkins-street to the westerly line of Benefit street ; thence easterly directly across Benefit street to the easterly line thereof; thence northerly on the easterly line of Benefit-street to a point directly opposite to the northerly line of Star street ; thence westerly directly across Benefit street to the northerly line of Star-street; thence westerly on the northerly line of Star-street to the easterly line of North Main street; thence westerly directly across North Main street to the westerly side thereof; thence southerly on the westerly line of North Main street to the northerly line of Smith-street; thence westerly on the northerly line of Smith-street to the north-easterly corner of Shingle bridge, so called; thence westerly to the north-westerly corner thereof; thence northerly six feet to the north line of Smith street ; thence on the northerly line of said Smith street, north seventy-five degrees west, forty-one rods, to the corner of Alexander Duncan's lot, west side of Davis-street; thence north seventy-seven and a half degrees west, on the north side of Smith-street fifty-four rods; thence north fiftyfour and a half degrees west, fifteen rods, to North-Providence line; thence south thirty-two degrees west to Four stack meadow, to low water mark; from thence a straight line to the south-west corner of the wall on the south side of the state prison lot ; thence on the south side of the wall to the south-east corner of the state prison lot; thence north eightytwo and a half degrees east, to a jog in the wall on Canalstreet, a little south of the canal basin ; thence southerly on the line of the caplogs on the westerly side of Canal street to the platform of the fish-market; thence around and including the fish-market and the platform thereof, to the southwesterly corner of said fish-market; thence in a straight line to the north-westerly corner of the wooden side-walk on the easterly side of the river between the two bridges; thence southerly on the westerly side, and including said side-walk, and in a line with the side walk till it meets the caplog on the south-easterly corner of the bridge in South Water street ; thence southerly on the westerly line of the wooden side-walk and the caplogs on the westerly side of South Water street, to a point directly opposite to the north-west corner of the brick store late occupied by William Blodget and company; thence easterly directly across South Water street to the northwest corner of the said store; thence easterly on a southerly line of a gangway to the westerly line of South Main street;