herein before set forth in said deposition as there stated; and that the papers annexed to the deposition of the said Winslow were then offered in evidence and marked by me; and that all the proceedings in the course of taking said deposition are correctly and accurately set forth in the course of said depositions. I further certify that the reason for taking said deposition was and is that said Sidney W. Winslow lives in the town of Beverly, County of Essex, 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 to either of the 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 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 at the City of Boston, County of Suffolk, Commonwealth and State of Massachusetts on this twenty-fifth day of April, A. D. 1904. GEORGE HOGG, [SEAL.] Notary Public. COMMON LAW FORM XXXIV —SUBPOENA DUCES TECUM IN AID DEPOSITION DE BENE ESSE. [SEAL.] UNITED STATES OF AMERICA. Massachusetts District, s8: The President of the United States of America, to the Marshal of the District of Massachusetts or either of his Deputies, Greeting: You are hereby required to summon Sidney W. Winslow, individually and as President of the Goodyear Shoe Machinery Company of Portland, Maine, otherwise known as the United Shoe Machinery Company of Portland, Maine, and to Meylert Bruner, individually and as treasurer of the Goodyear Shoe Machinery Company of Portland, Maine, otherwise known as the United Shoe Machinery Company of Portland, Maine, and George W. Brown, of Boston, Massachusetts, if they may be found in your district. We command You, That all business and excuses being laid aside, you appear and attend before George Hogg, Esq., Notary Public, at number 87 Milk Street, Boston, Massachusetts, on the 25th day of April, 1904, at 10:30 o'clock in the morning, to testify and give evidence de bene esse in pursuance of the Revised Statutes of the United States in a certain action now pending undetermined in the Circuit Court of the United States, for the Southern District of New York, between Christian Dancel and Mary Dancel as Administrators of the Goods, Chattels and Credits of Christian Dancel, deceased, complainants, and the Goodyear Shoe Machinery Company of Portland, Maine, defendant, on the part of the complainants and that you bring with you and produce at the time and place aforesaid (1) All records of the minutes of the meetings of the directors of the Goodyear Shoe Machinery Company of Hartford, Connecticut, and all such containing records of the minutes of the meetings of the stockholders of the same, and all books containing the records of the minutes of the meetings of the directors of the Goodyear Shoe Machinery Company of Portland, Maine, and all books containing records of the minutes of the meetings of the stockholders of the same; which relate to and all of the same which mention the acquisition of the property of the Goodyear Shoe Machinery Company of Hartford, Connecticut by the Goodyear Shoe Machinery Company of Portland, Maine; (2) All contracts in relation to said transfer; (3) All resolutions and entries in the stock transfer books and other books of the Goodyear Shoe Machinery Company of Portland, Maine, and all such in such books of the Goodyear Shoe Machinery Company of Hartford, Connecticut, which mention and all which contain any reference to the exchange of stock of the Goodyear Shoe Machinery Company of Portland, Maine, for stock in the Goodyear Shoe Machinery Company of Hartford, Connecticut; (4) All books and records of the Goodyear Shoe Machinery Company of Portland, Maine, which show; (a) the proceedings taken by its incorporators at the time of its incorporation and the amount of its capital stock which had then been subscribed for; (b) the consideration paid for the same prior to March 9th, 1893; (c) the consideration paid for the stock which said corporation issued to the stockholders of the Goodyear Shoe Machinery Company of Hartford, Connecticut; (d) the consideration paid by the Goodyear Shoe Machinery Company of Portland, Maine, for the conveyance made to it by the Goodyear Shoe Machinery Company of Hartford, Connecticut. (5) All books containing records of the minutes of the meetings of the stockholders of the Goodyear Shoe Machinery Company of Hartford, Connecticut, and all such containing the records of the minutes of the meetings of the directors of the same, during the year 1893 and since that time. (6) All books of account of the Goodyear Shoe Machinery Company of Hartford, Connecticut, which show the indebtedness of said corporation in the year 1893, all books of account of said corporation since said time and all books of account of the Goodyear Shoe Machinery Company of Portland, Maine, which show payment made by said last named corporation on account of the indebtedness of the Goodyear Shoe Machinery Company of Hartford, Connecticut, and all such that contain any reference to such indebtedness; Now in your custody, and all other deeds, evidences, and writings which you have in your custody or power concerning the transaction in question, that for default and non-appearance they will have to abide the pains and penalties of the law in that behalf made and provided. Hereof Fail Not, and make due return of this writ with your doings thereon, unto our said Court, as soon after the service thereof as may be. Witness the Honorable Melville W. Fuller, at Boston, this 18th day of April, in the year of our Lord one thousand nine hundred and four. L. C. TUCKER, Deputy Clerk of the Circuit Court of the United States for the District of Massachusetts. A true copy attest: BENJ. P. PICKERING, Deputy U. S. Marshal. COMMON LAW FORM XXXV.—SUBPOENA DUCES TECUM UPON [COURT SEAL.] TRIAL. The President of the United States of America, to A. S. T. Mason, Greeting: WE COMMAND YOU, That all and singular business and excuses being laid aside, you and each of you appear and attend before the Judge of the District Court of the United States of America for the Southern District of New York, at a Stated Term of said Court, to be held at the United States Court Room No. 3, on the 12th floor of the Woolworth Building, Broadway and Park Place in the City of New York, in and for the said Southern District of New York, on the 27th day of February, 1922, at half past ten o'clock in the forenoon, and also bring with you a letter signed in the name of Leon Taranto addressed to Ralph L. Fuller dated on or about the 9th of January, 1920, then and there to testify and give evidence in a certain cause pending in the said Court, and then and there to be tried between Isaac Taranto, Albert Taranto and Leon Taranto, co-partners doing business under the firm name and style of Nissien Taranto, plaintiffs and L. & E. Frenkel, Inc., defendant, on the part of the defendant. And this you, or any of you, are not to omit, under the penalty upon you, and every of you, of Two Hundred and Fifty Dollars. 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 25th day of February in the year of our Lord one thousand nine hundred and twenty-two. ROGER FOSTER, Attorney for defendants. ALEX GILCHRIST, JR. Clerk. COMMON LAW FORM XXXVI.-RETURN OF SERVICE OF SUBPOENA AD TESTIFICANDUM. Boston, April 18th, 1904. United States of America, Massachusetts District, ss.: Pursuant hereunto, I have summoned the within named Mylert Bruner at Boston by giving to him in hand a true and attested copy of this summons with $1.60, his legal fee. I also on April 19 summoned the within named Sidney W. Winslow at Boston by giving to him in hand a true and attested copy of this summons with $3.50, his legal fee. I also made search for Geo. W. Brown but failed to find him in my District, I was informed he has gone to Hot Springs. [SEAL.] } The President of the United States of America to the President of the Court of S. Angelo dei Lombardie in the Kingdom of Italy, GREETING: Whereas a certain suit is pending in our [District] Court for the Southern District of New York, in which Giovanni P. Riva, as administrator of the estate of Angelo di Nicola, deceased, is plaintiff, and the New York Central and Hudson River Railroad Company is defendant, and it has been suggested to us, that justice cannot completely be done between the said parties, without the testimony of Grazia di Venturo, Antonio Torrello, and Maria Michela Torrello, all of whom reside at Bagnoli Irpino within your jurisdiction. We therefore request you that in furtherance of justice you will by the proper and usual process of your court, cause said Grazia Di Venturo, Antonio Torrello and Maria Michela Torrello to appear before you, or some competent person by you for that purpose to be appointed and authorized, at a precise time and place by you to be fixed, then and there to make answer on their oaths and affirmations to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writing, and to be returned to us under cover addressed to the clerk of the [District] Court of the United States for the Southern District of New York, at the City of New York, and State of New York, in the United States of America, duly closed and sealed up together with these presents, and we shall be ready and willing to do the same for you in a similar case when required. 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 24th day of December, in the year of our Lord one thousand eight hundred and ninety-one. ALEX GILCHRIST, Clerk. [L. S.] COMMON LAW FORM XXXVIII. STIPULATION WAIVING TRIAL BY JURY. [76 Fed. 427.] Afterwards, to wit, on the twelfth day of March, 1892, the parties aforesaid, by their attorneys aforesaid, waived a jury for the trial of the issues in above cause by stipulation in writing there filed with the clerk of said court, of which the following is a copy: District Court of the United States for the District of New Jersey, Fred S. Fisher against the Newark Ice Company. It is hereby stipulated and agreed, between the attorneys for the respective parties hereto, that a trial by jury in this action be, and the same hereby is waived; and that the issues of fact herein may be tried and determined by the Circuit Court of the United States for the District of New Jersey, without the intervention of a jury; and that said court shall make special findings upon the facts herein, which shall have the same effect as the verdict of a jury. Dated Trenton, N. J., March 12th, 1892. ROGER FOSTER, Plaintiff's Attorney. JOHN R. EMERY, Defendant's Attorney. COMMON LAW FORM XXXIX.-ORDER FOR TRIAL BY COURT WITHOUT A JURY. [76 Fed. 427.] At a stated term of the [District] Court of the United States for the District of New Jersey, held in the post office building, in the city of Trenton and State of New Jersey, on the fourteenth day of March, 1892. Present, the Hon. Edward T. Green, United States District Judge. On reading and filing the stipulation hereto annexed, signed by the attorneys for both parties hereto, and on the consent of the attorneys for both parties hereto, it is ordered that the issues of fact herein be tried by this court without intervention of a jury; and that said court shall make special findings upon the facts herein, which shall have the same effect as the verdict of a jury. EDW. T. GREen, J. |