motion  as  aforesaid,  to  give  judgment  against  him  or  her  by
default.^

The  mode  of  proof  by  oral  testimony,  and  examination
of  witnesses  in  open  Court,  shall  be  the  same  in  all  the
Courts  of  the  United  States,  as  well  in  the  trial  of  causes  in
equity,  and  of  Admiralty  and  maritime  jurisdiction,  as  of
actions  at  Common  Law.  And  when  the  testimony  of  any
person  shall  be  necessary  in  a  civil  cause  depending  -in  any
District,  in  any  Court  of  the  United  States,  who  shall  live
at  a  greater  distance  from  the  place  of  trial  than  one  hun-
dred  miles,  or  is  bound  on  a  voyage  to  sea,  or  is  about  to  go
out  of  the  United  States,  or  out  of  such  District,  and  to  a
greater  distance  from  the  place  of  trial,  than  as  aforesaid,
before  the  time  of  trial,  or  is  ancient,  or  very  infirm,  the  de-
position of  such  person  may  be  taken^  de  bene  esse,
232  before  any  Justice  or  Judge  of  any  of  the  Courts  of  the
United  States,  or  before  any  Chancellor,  Justice,  or
Judge  of  a  Supreme  or  Superior  Comi;,  Mayor,  or  Chief
Magistiate  of  a  City,  or  Judge  of  a  County  Court  or  Court
of  Common  Pleas  of  any  of  the  United  States,  not  being  of
coimsel  or  attorney  to  either  of  the  parties* or  interested  in
the  event  of  the  cause ;  provided  that  a  notification  from  the
magistrate,  before  whom  the  deposition  is  to  be  taken,  to
the  adverse  party,  to  be  present  at  the  taking  of  the  same,
and  to  put  interrogatories,  if  he  thinks  fit,  be  first  made  out
and  seived  on  the  adverse  party,  or  his  attorney,  as  either
may  be  nearest,  if  either  is  within  one  hundred  miles  of  the
place  of  such  caption,  allowing  time  for  their  attendance
after  notified,  not  less  than  at  the  rate  of  one  day,  Sundays

1  Act  of  Cong.  1789,  ch.  20,  ^  15.
