of said consul as may be authorized by him to act in his place and stead, at the following named places, respectively, viz.: To E. P. Beauchamp, United States Consul at Aix-la-Chapelle (Aachen), Germany, and his deputy or representative; to W. P. Webster, United States Consul at Frankfort-on-the-Main, and his deputy or representative; to H. Kreisman, United States Consul at Berlin, Prussia, and his deputy or representative; to J. S. Stuart, United States Consul at Leipzic, Germany, and his deputy or representative; to Daniel McM. Gregg, United States Consul at Prague, Austria, and his deputy or representative; to S. H. M. Byers, United States Consul at Zurich, Switzerland, and his deputy or representative; to examine the following-named persons under oath as witnesses herein; viz.: A. Amberg, and the person or persons composing the firm of A. Hirsch & Co., of Cassel, Germany; S. N. Wolff, of Neidheim, near Cassel, aforesaid; the person or persons composing the firm of Lutger Brothers, of Petersmuhle, near Solingen, Germany; Carl Aufermann, of Losenbach, near Liedenscheid, Germany; V. T. Pospichel, of Wiessenthal, Bohemia; and the person or persons composing the firm of Leopold Czech & Co., of Haida, Bohemia; the person or persons comprising the firm of E. Kreimer & Co., Berlin, Prussia; W. Wagner, Jr., of Plattenberg, Switzerland, and T. L. Lurman, and J. W. Maes, of Iserlohn, Germany. It is further ordered that the examination above provided for shall take place during the months of July and August, 1874, and at such times within said months as is hereinafter designated. It is further ordered that either party to this action shall have liberty to examine not only the witnesses herein named, but any other witnesses that either party may desire to examine at the aforesaid places of Aix-laChapelle, Frankfort-on-the-Maine, Berlin, Leipzic, Prague, or Zurich, before either of the persons herein authorized to take testimony; provided, however, that the names of said witnesses and their places of residence shall be given to the attorney of the opposite side in New York, before June 6, 1874, or such notice be given in Europe to the opposite counsel acting there for either party to this action, in either of the aforesaid places of Aix-laChapelle, Frankfort-on-the-Main, Berlin, Leipzic, Prague, or Zurich, where such other witnesses are to be examined, two days before such examination. It is further ordered that, prior to June 6, 1874, the attorneys for the respective parties shall give notice in New York, each to the other, of the names and European addresses, for the last week in June, 1874, of the counsel for the respective parties who are to take testimony under this commission. It is further ordered that the examination of witnesses shall be had at the following places, in the following order, and not otherwise, viz.: First, at Aix-la-Chapelle, next at Frankfort-on-the-Main, next at Berlin, next at Leipzic, next at Prague, next at Zurich; that four weeks shall elapse between the examination of witnesses at Prague and Zurich; that the examination shall commence at Aix-la-Chapelle, on the 6th day of July, 1874, or within two days thereafter; and that no examination shall be had of witnesses at any place after the examination has been finished at that place, or the examination of witnesses commenced at another place. It is further ordered that the counsel for the plaintiff shall have with him at any and all examinations of said witnesses, or either of them, all the original invoices mentioned in the declaration herein, or copies or duplicates thereof, and which are in the possession of the plaintiff, and that counsel for defendant shall have full and free inspection thereof, and liberty to take copies of the same. It is further ordered that all directions herein contained as to time, place, order and manner of examination of said witnesses may be changed or modified by the written consent of the counsel for the respective parties in Europe or in New York. It is further ordered that the examination of all witnesses under this commission shall be oral, or taken by question and answer, in the usual manner of taking oral depositions, by examinations, cross-examination, and redirect examination; that the testimony given under such examination shall be reduced to writing, signed by the witnesses, and certified by the commissioners, respectively, and by them transmitted by mail to the clerk of this court at the city of New York, unless otherwise mutually agreed upon by said counsel for both parties. It is further ordered that all testimony taken under the commission provided for herein, shall be taken subject to all legal objections at the trial of this action. SAM BLATCHFORD. COMMON LAW FORM XXX.-DEDIMUS POTESTATUM. THE UNITED STATES OF AMERICA, }. 88.: The President of the United States of America to Sylvanus Brown, James Black, and Frederick Brooks [or if a single commissioner is named, addressed to him alone]. GREETING: Know ye, that we, in confidence of your prudence and fidelity have by these presences to give any two or more of you [or, in case a single commissioner is appointed, do give you] full power and authority diligently to examine upon their respective corporal oaths or affirmations before you to be taken Grace Howe and Adams Spies as witnesses upon the part of plaintiff [or defendant, as the case may be] in a certain cause now pending undetermined in the District Court of the United States for the Southern District of New York wherein James Fifield is plaintiff and George Aber is defendant touching the premises [or on the interrogatories hereunto annexed]. And we do further empower any two or more of you [or in case of a single commissioner empower you] to examine on the same behalf, and in like manner, any other person or persons who may be produced as witnesses before you. And we do hereby require any two or more of you [or in case of a single commissioner require you] before whom such testimony may be taken, to reduce the same to writing and to close it up under your hand and seal, directed to Alex. Gilchrist, Jr., Clerk of the District Court of the United States, for the Southern District of New York in the Borough of Manhattan, City, County and State of New York; and that you return the same, when executed as above directed, annexed to this writ, with the title of the cause indorsed on the envelope containing the same, into the said District Court before the judges thereof with all convenient speed. Witness, Hon. Learned Hand, Judge of the District Court of the United States for the Southern District of New York at the City of New York, the 7th day of February, in the year of our Lord, one thousand nine hundred and twenty-two. ROGER FOSTER, Attorney for defendant. ALEX. GILCHRIST, JR., Clerk. COMMON LAW FORM XXXI.-NOTICE OF DEPOSITION UNDER REVISED STATUTES. United States [District] Court of the Northern District of New York. GEORGE H. BENJAMIN, Plaintiff, against THE JOHN T. NOYE MFG. Co., Defendant. In Equity. Please take notice that the complainant herein will take the testimony of George H. Benjamin, F. Rudinger and George V. Hecker, all of whom reside at the City of New York, and State of New York, and others, each and all of whom reside more than one hundred (100) miles from the place of trial herein, and more than one hundred (100) miles from any place at which a [District] Court of the United States for the Northern District of New York is appointed to be held by law, at the final hearing for use on behalf of the complainant, before Henry T. Brennan, Esq., a Notary Public in and for the City and County of New York, who is not of counsel nor interested in this cause, at the office of Brown & Jones, at No. 35 Wall Street, in the said City of New York, and State of New York, on the 4th day of January, 1892, at 11 o'clock A. M., and thereafter from day to day as the taking of the depositions may be adjourned; 'and such testimony will be so taken in accordance with the provisions of sections 863, 864 and 865 of the Revised Statutes of the United States and the Equity Rules. COMMON LAW FORM XXXII. CERTIFICATE BY NOTARY TO DEPOSITION DE BENE ESSE. COMMONWEALTH OF MASSACHUSETTS, Suffolk, ss: I,. George Hogg, a notary public in and for said County, Commonwealth and State, duly commissioned and qualified, and authorized to administer oaths, and to take and certify depositions, do hereby certify. That on May 31, 1904, I was attended at my office, No. 87 Milk Street, in the County of Suffolk, City of Boston, and Commonwealth of Massachusetts, by Roger Foster, Esq., of counsel for the complainants, and by Edwards H. Childs, Esq., solicitor and counsel for defendant; that the aforenamed witness, Frank G. Day, who was of sound mind and lawful age, and was by me first carefully examined and cautioned, and duly sworn to testify to the truth, the whole truth and nothing but the truth; that he thereupon testified as is above set forth; that the deposition by him subscribed, as above set forth, was reduced to writing by me and by no other person and was subscribed by said witness in my presence and in the presence of said counsel at the said time and place; and that all was done in the presence of said counsel for said complainants and defendant. I further certify that I caused correct copies of the extracts from the books and papers there offered in evidence to be made; and that correct copies thereof thus made are annexed to said deposition; and that all the proceedings in the course of taking said deposition are correctly and accurately set forth in the course of said deposition. I further certify that the reason for taking said deposition was and is that Frank G. Day lives in the City of Newton, County of Middlesex, State and Commonwealth of Massachusetts, and more than one hundred miles from the place where the said civil issue and suit in equity is appointed by law to be tried; and that I am neither of counsel nor attorney for either of said parties to said suit nor interested in the event of said cause; and that it being impracticable for me to deliver said deposition and the exhibits and the copies of exhibits thereto attached with my own hand into the Court for which they were taken, I have retained the same for the purpose of being sealed up and directed with my own hand and until they were so sealed up and directed, and for the purpose of being, and until they were speedily and safely transmitted to said Court for which said deposition was taken and to remain under my seal until there opened. As witness my hand and seal as such Notary Public for the City of Boston, County of Suffolk, Commonwealth and State of Massachusetts, on this thirty-first day of May, A. D., 1904. [SEAL.] GEORGE HOGG, Notary Public. Boston, June 1st, 1904. I hereby certify that the following is a true account of expenses incurred in taking the three foregoing depositions: COMMON LAW FORM XXXIII.-CERTIFICATE BY NOTARY TO DEPOSITION DE BENE ESSE CONTAINING EXTRACTS FROM BOOKS AND PAPERS. COMMONWEALTH OF MASSACHUSETTS, Suffolk, ss: I, George Hogg, a Notary Public in and for the said County and Commonwealth, and State, duly commissioned and qualified, and authorized to administer oaths, and to take and certify depositions, do hereby certify that, pursuant to the annexed notice, of which I annex a copy instead of the original, for the reason that the original was previously filed in the Clerk's office of the Circuit Court of the United States for the District of Massachusetts, and in pursuance of the stipulation hereto annexed and the order of Judge Colt adjourning the taking of the depositions described in said notice and stipulation until 10:30 A. M., April 25th, 1904, which order was filed and entered in the Clerk's office of said court on April 18th, 1904, and a copy thereof is hereto annexed; said notice and stipulation having been made in the civil cause depending in the Circuit Court of the United States for the Southern District of New York in equity, wherein Christian Dancel and Mary Dancel, as administrators of the goods, chattels and credits of Christian Dancel, deceased, are complainants, and the Goodyear Shoe Machinery Company of Portland, Maine, is defendant; I was attended at my office, No. 87 Milk Street, in the County of Suffolk, City of Boston and Commonwealth of Massachusetts, by Roger Foster, Esq., of counsel for the complainants, and by Edwards H. Childs, Esq., solicitor and counsel for defendant, on April 25th, 1903; that the aforenamed witness Sidney W. Winslow, who was of sound mind and lawful age and was by me first carefully examined and cautioned and duly sworn to testify the truth, the whole truth and nothing but the truth; that he thereupon testified as is above set forth, and that the deposition by him subscribed, as above set forth, was reduced to typewriting by Miss Blanche S. Levy, by and under my personal supervision and by no other person, and in the presence of said witness and counsel, and was subscribed by said witness in my presence and in the presence of said counsel, and was taken at the place in the annexed notice specified and at the time set forth in said order; and that all was done in the presence of said counsel for said complainants and defendant. I further certify that correct copies of the extracts from the books then offered in evidence are |