compass equal to 11 deg. 15 min.: Hayden v. Brown, 33 Or. 221, 52 Pac. 490. A general intention of the grantor ascertained from an inspection of the entire instrument will control the inference to be drawn from the general language employed in the description of the courses and distances of the boundary: Rayburn v. Winant, 16 Or. 318, 18 Pac. 588. When the boundaries in a deed are inconsistent, the uncertain must yield to the certain description; but when the doubt is as to the accuracy of the particular description, the use which is general often becomes important, and renders that clear which without it would be obscure and uncertain. Thus, in making the distances from one point to another on a navigable river, the measurement is by its meanderings, and not in a direct line: Rayburn v. Winant, 16 Or. 322, 18 Pac. 588. The sufficiency of description of property is to be determined from the description itself, and not from outside admissions, and in an action for rent reserved on a lease, if the description of the property is not sufficient to identify it, the action can not be maintained: Bingham v. Honeyman, 32 Or. 134, 51 Pac. 735. Where the description in a deed as to courses and distances is inconsistent with the monuments therein referred to, the monuments are to control: Anderson v. McCormick, 18 Or. 306, 22 Pac. 1062; Osborn v. Ketchum, 25 Or. 857, 35 Pac. 972; Kanne v. Otty, 25 Or. 537, 36 Pac. 537; Vandusen v. Shively, 22 Or. 64, 29 Pac. 76; King v. Brigham, 19 Or. 560, 25 Pac. 150; Weiss v. Oregon Iron & Steel Co. 13 Or. 496, 11 Pac. 255; Robinson v. Laurer, 29 Or. 317, 40 Pac. 1012. Such description must be ascertained from the instrument itself, and extrinsic evidence can not be admitted to contradict the terms. If the instrument does not correctly describe the property, the proper remedy is for the party to go into a court of equity and have it corrected: Holcomb v. Mooney, 13 Or. 509, 11 Pac. 274. The rule, however, as to monuments prevailing over courses and distances is not absolute, and if it appears from the face of the conveyance, in the light of surrounding circumstances, that the courses and distances as given correctly describe the land intended to be conveyed, they will, of course, prevail: Hale v. Cottle, 21 Or. 585, 28 Pac. 901. Subdivision 5 of this section is not a grant on the part of the state of the land between high and low tide, but is simply a rule of evidence to be applied where the construction is doubtful: Astoria Exchange Co. v. Shively, 27 Or. 109, 40 Pac. 92, and cases there cited. § 868. Offer of Compromise Not an Admission. An offer of compromise is not an admission that anything is due; but admissions of particular facts, made in negotiation for compromise, may be proved, unless otherwise specially agreed at the time. [L. 1862; D. Cd. § 846; H. C. § 856.] Evidence of negotiations between parties looking toward a compromise is inadmissible, where they are unable to agree: Coos Bay Nav. Co. v. Endicott, 34 Ör. 577, 57 § 869. Confession of Adultery. Pac. 61; but admissions made by a party where not in negotiations for a compromise are admissible: Cochran v. Baker, 34 Or. 566, 56 Pac. 641. In a suit for the dissolution of the marriage contract, on the ground of adultery, a confession of adultery, whether in or out of the pleadings. is not of itself sufficient to justify a decree of dissolution. [L. 1862; D. Cd. § 847; H. C. § 857.] See § 507, and note. CHAPTER II. OF PROCEEDINGS TO PERPETUATE TESTIMONY. § 870. Evidence May be Perpetuated. The testimony of a witness may be taken conditionally and perpetuated, as provided in this chapter. [L. 1862; D. Cd. § 848; H. C. § 858.] § 871. Order for Examination. The order for taking the testimony may be made by any judge of the circuit or supreme courts, upon the application of the party desiring it, when it appears from the petition of such party, verified as a complaint,— 1. That the applicant is a party or expects to be a party to an action, suit, or proceeding in a court in this state, or that he has an interest in real property or some easement or franchise therein, about which a controversy may arise, which would be the subject of such an action, suit, or proceeding; 2. That the testimony of a witness, whose name and place of residence is stated, is material to the prosecution or defense, as the case may be, of such action, suit, or proceeding, or possible controversy, and generally the question involved therein, and the facts expected to be proved by the witness; 3. The names and residence of the adverse parties or persons adversely interested, so far as the applicant knows or can ascertain them. The judge may thereupon in his discretion make an order allowing the examination, prescribing therein the place thereof, and how long before the examination the order and notice of the time and place therefor shall be served. [L. 1862; D. Cd. § 849 ; H. C. § 859.] Under this section, the judge may, in his discretion, make or continue the order for taking testimony. This is not an arbitrary power to grant or refuse as may be most pleasing to the judge, but is a judicial dis cretion, to be exercised according to the principles of equity for the benefit and protection of parties interested: In re Carter, 3 Or. 297. $ 872. Service of the Order and Notice - By whom Deposition Taken. If it appear that the adverse parties or persons adversely interested, or any of them, reside out of the state, or are unknown, the judge shall direct that, as to such parties or persons, service of the order and notice shall be made by publication, in the same manner as a summons. Upon proof of the service, the deposition may be taken conditionally by the judge who made the order of examination, or by any other officer or person therein designated. [L. 1862; D. Cd. § 850; H. C. § 860.] $ 873. Deposition, how Taken. Every interrogatory or answer, or declaration of the witness, shall be taken down, unless the parties otherwise agree. The deposition, when completed, shall be carefully read to and subscribed by the witness, and then certified by the judge or other officer or person taking the same, and immediately thereafter filed in the office of the clerk of the county where it was taken, together with the order for the examination of the witness, the petition on which the same was granted, the notice, and the proof of service of the order and notice. [L. 1862; D. Cd. § 851; H. C. § 861.] $ 874. Papers Filed with Deposition. The papers filed with the deposition, as required by the last section, or a certified copy thereof, are primary evidence of the facts stated therein, to show compliance with the provisions of this chapter. [L. 1862; D. Cd. § 852; H. C. § 862.] $ 875. Deposition or Copy May be Given in Evidence by Either Party, When. If thereafter a trial be had between the persons named in the petition. as parties actual, expectant, or possible, or their representatives or successors in interest, upon proof of the death or insanity of the witness, or that he is beyond the state and his residence unknown, or of his inability to attend the trial by reason of age, sickness, or settled infirmity, the deposition or a certified copy thereof may be given in evidence by either party; but in a trial in a suit in equity, it may be given in evidence without such proof. [L. 1862; D. Cd. § 853; H. C. § 863.] § 876. How Objected to when Produced. The deposition so taken, when produced in evidence, may be objected to as if it was the oral testimony of the witness, except that the form of the interrogatory shall not be objected to. [L. 1862; D. Cd. § 854; H. C. $ 864.] § 877. Power and Duty of the Officer Taking the Deposition. The judge, officer, or other person taking the deposition shall control the examination, to the end that the whole truth may be declared by the witness, and if no one appears other than the applicant, he shall prevent leading and suggestive interrogatories by such applicant, except when the same may be necessary or merely formal, and shall himself cross-examine the witness, concluding with the general interrogatory to the effect whether the witness knows anything further in relation to the matter which would be of benefit to either party. [L. 1862; D. Cd. § 855; H. C. § 865.] By an act passed in 1870 (L. p. 37) further provision was made for the perpetuation of testimony. The act has no enacting words, and was therefore omitted from the text of the Hill compilation, although contained in the work in the form of a note (p. 625). It is omitted from this compilation, upon the assumption that without words of enactment the act is without effect. CHAPTER III. OF OATHS AND AFFIRMATIONS. § 878. Who Authorized to Take Testimony, Etc. Every court, judge, clerk of a court, justice of the peace, or notary public is authorized to take testimony in any action, suit, or proceeding, and such other persons in particular cases as this code elsewhere authorizes. Every such court or officer is authorized to administer oaths and affirmations generally, and every such other person in the particular case authorized. [L. 1862; D. Cd. §856; H. C. § 866.] The jurisdiction and authority of one administering an oath must appear in his certificate: Blanchard v. Bennett, 1 Or. 328. An affidavit taken before a county clerk of this state may be used before the register or receiver of the United States land office, and if willfully or knowingly false in a § 879. Form of Oath. material matter constitutes perjury: United States v. Shinn, 14 Fed. 447. If one is authorized to act in this regard in a part of a particular district, and he acts within the district, it will be presumed that he acted within his particular jurisdiction: Dennison v. Story, 1 Or. 272. An oath may be administered as follows: The person who swears holds up his hand, while the person administering the oath thus addresses him, "You do solemnly swear that the evidence you shall give in the issue (or matter) now pending between and shall be the truth, the whole truth, and nothing but the truth, so help you God;" if the oath be administered to any other than a witness, the same form and manner may be used. [L. 1862; D. Cd. § 857; H. C. § 867.] To make an affidavit legal and authoritative in a court of justice, it takes both the affiant and the officer authorized to administer the oath, acting together, and the oath must be either administered by the officer to the affiant, or asseveration must be made to the truth of the matters contained in the affidavit by the party making it, to the officer with his sanction. Without a direct administration of the oath there can be no affidavit under the statute; and while the exact observance of the formula may not be legally required, yet there must be some actual and bona fide attempt at due observance of the law's requirement: Ex parte Finn, 32 Or. 526, 52 Pac. 756, 67 Am. St. Rep. 550. $ 880. Form of Administering May be Varied. Whenever the court or officer before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form of administration, which, in his opinion is more solemn or obligatory, the court or officer may in its discretion adopt that mode. [L. 1862; D. Cd. § 858; H. C. § 868.] § 881. Witness May be Sworn According to the Ceremonies of His Religion. 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. [L. 1862; D. Cd. § 859; H. C. § 869.] $ 882. Who May Affirm. Any person who has conscientious scruples against taking an oath may make his solemn affirmation by assenting when addressed in the following manner: "You do solemnly affirm that," etc., as in section 879. [L. 1862; D. Cd. § 860 ; H. C. § 870.] § 883. Affirmation Equivalent to Oath. Whenever by any provision of this code an oath is required, an affirmation, as prescribed in the last section, is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury, equally with a false oath. [L. 1862 ; D. Cd. § 861; H. C. § 871.] VI. OF THE INCIDENTAL POWERS AND DUTIES OF THE 929 § 884. Supreme Court - Organization and Jurisdiction of - Quorum. The supreme court is created and organized, and its jurisdiction limited and defined by the organic law of the state, article VII of the constitution. The mode of bringing a cause into this court, and the mode of proceeding therein, is elsewhere provided in this code. The presence of a majority of all the judges of the court is necessary for the transaction of any business therein, but any less number may meet and adjourn from day to day, or for the term, with the same effect as if all were present. D. Cd. § 862 ; H. C. § 873.] As to the election and terms of office of the supreme judges, see § 2468; also Oregon Constitution, Art. VII. As to the jurisdiction of the supreme [L. 1862. court, see Oregon Constitution, Art. VII, § 6. As to the terms of the supreme court, see Oregon Constitution, Art. VII, § 7; and also $2469. § 885. Appointment of Officers of - Mode of Payment. The court in term, or a majority of the judges thereof in vacation, shall appoint a clerk of the court, who shall hold his office during the pleasure of such court or judges. The court may appoint a crier, and such number of |