Henry Billings Brown

“ The certificate referred to in the words 'taking and certifying depositions to file' is that required by sections 863, 864, 865, 866, and 873, to be appended to depositions taken de bene esse in civil cases depending in the district or circuit court, which includes the circumstances with reference to the witness authorizing his deposition to be taken, the official ch racter of the person taking it, the proof of reasonable notice to the opposite party, the fact that the witness was cautioned and sworn to testify to the whole truth, and other similar requirements. ”

“ Bell v. Morrison, 1 Pet. 351; Cook v. Burnley, 11 Wall. 659; Harris v. Wall, 7 How. 693: Whitford v. Clark Co., 119 U.S. 522, 7 Sup. Ct. 306; Tooker v. Thompson, 3 McLean, 92; Voce v. Lawrence, 4 McLean, 203. ”