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8. The acting commissioner [s] will sign [his or their] name[s] to each half-sheet of the depositions and exhibits.

9. If an interpreter is employed, the commissioner[s] will administer to him the following oath and certify thereto:

“You do solemnly swear that you will truly and faithfully interpret the oath and interrogatories to be administered to witness now to be examined, out of the English language into the

language; and that you will truly and faithfully interpret the answers of the said thereto, out of the said language into the English language."

Let the deposition be subscribed by the interpreter as well as by the witness, and certified by the acting commissioner(s), as follows:

"Examination taken, reduced to writing, subscribed by the witness and by the sworn interpreter, and sworn to by the witness, this day of 19, before

, Commissioner(s)." 10. The commissioner(s) will make return on the back of the commission by endorsement, thus:

"The execution of this commission appears in certain schedules hereunto annexed.

, Commissioner(s)." 11. The depositions and exhibits, if any) must be annexed to the commission, and then the commission, the directions, the interrogatories, cross-interrogatories, depositions, and exhibits must be folded into a packet and bound with tapes. The acting commissioner [s] to set (his or their] seal[s] at the several meetings or crossings of the tape, endorse [his or their] name[s] on the outside, and direct it thus: To , Esq., Clerk of the

court, at state of 12. When the commission is thus executed, made up, and directed, it must be returned in the manner specified in the direction on the commission, if there be any.

13. If there be no direction on the commission specifying the manner in which it is to be returned, then it must either be delivered to the court by the acting commissioner(s), personally, or else be forwarded by some person coming to this place, and who must be able, on his arrival, to make oath before the judges or the clerk of the court, that he received the same from the hands of naming him or them), the commissioner(s), and that it had not been opened or altered since he so received it.

Jury's Pl.-117.

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14. In case of returning the commission by mail, it is to be deposited by

, the acting commissioner(s), in the nearest post-office, (he or they] making the following endorsement thereon: “Deposited in the post-office at this

day of 19, by (me or us].

Commissioner[s]." 15. In case of returning the commission by a vessel, it is to be deposited by acting commissioner[s], in the letter-bag of such vessel, he (they] making upon the commission the following endorsement: “Deposited in the letter-bag of the

now lying at and bound for the port of

day of

19 , by (me or us].

Commissioner(s).” It may also be forwarded by any usual conveyance.

The commissioner[s] [is or are] requested to be very careful to observe the foregoing instructions, as the smallest variance may vitiate the execution of the commission.

[Here may be given special or additional instructions.

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FORM No. 1148-Deposition of witness. (To be annexed to the commission.)

[Title of court and cause.]

Deposition of K. L., a witness produced and examined this day of

19 under and by virtue of a commission issued out of the court of the state of in the county of , and to which this deposition is annexed, in the above-entitled action or proceeding), pending and at issue therein between A. B., the plaintiff in said action, and C. D., the defendant therein, (or between A. B., the petitioner in said proceeding, and C. D., the respondent therein,) as follows:

K. L., of the state his residence), aged years and upwards, being duly sworn (or affirmed), doth depose and say as follows:

1. To the first direct interrogatory [stating it] he saith: (Stare his answer.

2. To the second direct interrogatory [stating it, he saith: [State his answer; and so on as to all the direct interrogatories.]

1. To the first cross-interrogatory (stating it] he saith: (State bis answer.]

2. To the second cross-interrogatory (stating it he saith: State his answer; and so on as to all the cross-interrogatories, and redirect and re-cross interrogatories, if any.]

[Signature of witness :) K. L.



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[Certificate of commissioner to deposition.]
State of
County of

I, E. F., commissioner under the commission hereto annexed, do certify, that K. L., the witness, named therein, personally appeared before me on the

day of


in the county of

in the state of and being by me duly sworn, made answer to the several interrogatories annexed to the foregoing commission, and did depose to the matters contained in the foregoing deposition. And I further certify, that when the deposition was completed it was carefully read to K. L., said witness, and was corrected by him in each and every particular which he desired, and it was then subscribed by him; and I certify that the foregoing deposition is the deposition so corrected and subscribed by him. [And I further certify, that said witness endorsed the exhibits numbered attached to said deposition.] And I further certify, that I have subscribed my name to each half-sheet of said deposition (and to each exhibit). And I further certify, that G. H., Esq., (or no one) appeared in behalf of the plaintiff (or petitioner), and I. J., Esq., [ur no one] appeared in behalf of the defendant (or the respondent, or the contestant).

E. F., Commissioner.


FORM No. 1149—Waiver of answer.

[Title of court and cause.)

It is hereby stipulated by and between the parties hereto that formal answer be and the same is waived herein, and it is further stipulated that the allegations of the complaint on file herein may for the purposes of trial be deemed denied. [Date.]

A. B., Attorney for plaintiff.
C.D., Attorney for defendant.

FORM No. 1150—Stipulation to transfer cause to another department,

[Title of court and cause.)

Whereas, the above-entitled action was originally assigned by the Hon.

presiding judge of said court, to department No. of said court; and whereas the said judge of said department has expressed his desire, because of his present overcrowded calendar, to have said cause transferred to some other department of this court (or state any other reason for the transfer);

Wherefore, the undersigned attorneys for the respective parties herein hereby stipulate and agree that said cause be transferred from said department No. and be reassigned by the presiding judge of said court; and that all motions, demurrers, and other matters now pending in said cause be heard in the department to which the same shall be so assigned hereunder, and that said cause be determined therein, subject to such further order or orders of the court as may be made. [Date.]

A. B., Attorney for plaintiff.
C. D., Attorney for defendant.

FORM No. 1151-Stipulation to dismiss appeal.

[Title of court and cause.]

It is stipulated in the above-entitled action, that the appeal taken by defendants, to the supreme court of the state of from the judgment and decree of the court of the state of

in and for the county of made and entered in said

court on 19 , in favor of plaintiff in said action, and against the appealing defendants, is hereby dismissed, and that a motion for an order dismissing said appeal may be made and heard in the said supreme court at any time without notice, upon presenta tion of this stipulation; and that plaintiff waives any claim for costs incurred by him upon such appeal :

It is further stipulated, that upon the making of the order of said court dismissing said appeal, the clerk of the supreme court may enter such dismissal forthwith, and that a remittitur may issue thereon forthwith, and be sent to the clerk of said

court, and that upon the filing of said remittitur in the office of the county clerk of County, plaintiff will thereupon file a duly executed satisfaction of judgment entered in his favor in said action for his costs incurred in said action in said court. [Date.]

A. B., Attorney for plaintiff.
C. D., Attorney for defendants.

FORM No. 1152—Stipulation as to facts.

(In County of Saguache v. Decker, 10 Colo. 149; 14 Pac. 123.) [Title of court and cause.] The parties hereto agree upon the following statement of facts,

and submit the same to the court for the determination of the points in controversy hereinafter specified. The points agreed upon are as follows: (Here follows statement of facts.]

The points in controversy, and upon which the decision of the court is asked, are as follows: The foregoing bills have been contracted by a duly appointed and organized board of health within the county of Saguache, when said board of health was the board of health of an incorporated town. Is or is not the county liable therefor? [Date.]

[Signatures of parties.]

FORM No. 1153—Stipulation to restore and file original complaint destroyed

by fire.

(In Athearn v. Ryan, 154 Cal. 554; 98 Pac. 390.) [Title of court and cause.]

It is hereby stipulated and agreed, that the foregoing and annexed copy of complaint is a true and correct copy of the original complaint filed in the superior court of the city and county of San Francisco, state of California, in the action entitled Charles H. Athearn, plaintiff, v. Annie Ryan, defendant, on or about the 5th day of October, 1905.

It is also stipulated and agreed, that said copy of said complaint be filed in said court as of the 5th day of October, 1905, in the place and stead of said original, which was destroyed by fire on or about the 18th day of April, 1906.

Benjamin Healey,

Attorney for defendant. Garoutte & Goodwin,

Attorneys for plaintiff.


A stipulation by a party, represented in the action by an attorney of record, will have no effect, and will be disregarded by the court: Wylie v. Sierra G. Co., 120 Cal. 485, 487, 52 Pac. Rep. 809. See Board of Commissioners v. Younger, 29 Cal. 147, 87 Am. Dec. 164; Mott v. Foster, 45 Cal. 72.

Affidavit as basis of jurisdiction. The court's jurisdiction over the defendant to make service by publication depends upon a valid affidavit filed as provided by the code; and where there is no such affidavit, a decree based upon such proceedings is a nullity. But the mere omission of the officer attesting it to complete the affidavit, by attaching his certificate or jurat to such paper, may be supplied, and the defect remedied, where in fact the affiant had taken the oath, and it is competent to show in such case by parol that the affidavit for constructive service was accordingly sworn to by the affiant before the clerk of the court: Bantley v. Finney, 43 Neb. 794, 62 N. W. 214.

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