control documentary evidence tending to show) the following facts: (here set forth the facts in question). That the evidence so sought to be taken is relevant and im(the complainant or defendant) upon portant to ..... the issues herein. The undersigned applicant desires to take the testimony of said witness, whose post-office address is .... (insert title of officer, magistrate or other person empowered to administer oaths), whose post-office address is ... ............, on the ........ day of 191.., as a at .... witness for the above-named (complainant or defendant, as the case may be), and requests the commission to issue an order to the above effect. I. The general style or title of the depositions should be drawn up in substantially the following manner: "Deposition of witnesses, produced, sworn or (affirmed), and examined the ..... day of .......... in the year one thousand nine hundred and under and by .... ..... at virtue of an order issued by the Federal Trade Commission in a certain contested proceeding therein depending and at issue between Federal Trade Commission, complainant, and .... defendant, as follows: A. B. of (insert his place of residence and occupation), aged 13 The examination is conducted under the authority of an order prepared, issued and served by the commission. The practice is specified in Section 9 of the Trade Commission Act and in Rule VIII. These proceedings seem to contemplate an open commission, but there is no express prohibition of the method of proceeding by interrogatories and cross-interrogatories. Rule VIII also regulates size of paper, etc., and the notice of hearing required. Rule VII fixes the fees of witnesses, and compensation of officer taking deposition, see note 9, page 239, ante. It is prescribed in Rule VIII that "the deposition shall be certified in the usual form"; and the examining party should insist upon strict regularity in this and every other essential particular. years and upwards, being duly and publicly sworn (or affirmed) pursuant to the terms of said order, and examined on the part of the ... doth depose and say as follows: ... [If the deposition is in the form of interrogatories and crossinterrogatories, proceed, First, To the first interrogatory, he saith, etc. (Insert the witness's answer.) Second, To the second interrogatory, he saith, etc., and so on throughout. If he cannot answer, let him say that he knoweth not. If there be any cross-interrogatories, the witness will go on thus: First, To the first cross-interrogatory, he saith, etc., and so on throughout.] At the termination of the examination, the officer before whom one or more depositions are taken, must subscribe, and annex to each deposition, a certificate, substantially in the following form, the blanks being properly filled up: a witness named in the annexed order to take testimony in this contested proceeding, personally appeared before me, the person designated therein to take said testimony, on the......day of at ...... o'clock in the ......noon, in the State of ... at the and after being sworn (or 'affirmed,' as the case may be), to testify the truth, the whole truth, and nothing but the truth, did depose to the matters contained in the foregoing deposition, and did, in my presence, subscribe the same, and indorse the exhibits annexed thereto. And I further certify that I have subscribed my name to each half sheet thereof, and to each exhibit. And I further certify that ..... appeared in behalf of the ..... appeared in behalf of the and that ... ... (Official Signature.) The officer should make return on the back of the order by endorsement, thus: "The execution of this order appears in certain schedules hereto annexed. 66 (Official Signature.) II. If any exhibit is produced and proved, the exhibit, or if the witness or other person having it in his custody does not surrender it, a copy thereof should be annexed to the deposition to which it relates, and be subscribed by the witness proving it, and be endorsed by the officer taking the deposition, in substantially the following manner: "At the execution of an order to take testimony by deposition in a contested proceeding before the Federal Trade Commission, between Federal Trade Commission, complainant, and ... ....... defendant, this exhibit numbered .... and hereto annexed, was produced and shown to (insert witness' name) and by him deposed unto, and subscribed by him at the time of his examination before the undersigned. 66 (Official Signature.) III. The officer appointed to take the testimony by deposition should sign his name to each half sheet of the depositions and to each exhibit. IV. If an interpreter is employed, the officer before whom the deposition is taken should administer an oath in substantially the following form, and certify thereto : "You do solemnly swear, or affirm, that you will truly and faithfully interpret the oath to be administered unto and the questions about to be directed to... a witness now to be examined, out of the English language into the ..... language, and that you will truly and faithfully interpret the answers of the said thereto, out of the language into the English language." ... ...... .... The deposition should be subscribed by the interpreter as well as by witness, and certified by the officer taking the depositions as in No. I hereof. V. All the depositions and exhibits must be annexed to the order for taking the deposition, or to a certified copy thereof, and then the order (the directions, if any, together with the interrogatories and cross-interrogatories, if the testimony is taken by that method), the depositions, and exhibits, should be folded into a packet and bound with tape. The officer taking the deposition should then set his seal at the several meetings or crossings of the tape, endorse his name on the outside, and direct it thus: To the Federal Trade Commission, (If taken in a foreign country, the letters U. S. A. should be added to the direction.) VI. When the deposition has been thus taken, made up and directed, it should be returned in the manner specified in the order, if there be any such requirement. VII. In case of returning the deposition by mail, it should be deposited by the officer taking same, in the nearest post-office, with the following endorsement by him thereon: "Deposited in the post-office at this ..... (Official Signature.) In case of returning the deposition by a vessel, it should be deposited by the said officer in the letter bag of such vessel, with the following endorsement by him thereon: "Deposited in the letter bag of the .... and bound for the port of ..... day of...... 191.., by me. 66 now lying at this (Official Signature.) VIII. It is essential that officers appointed to take testimony by deposition should exercise extreme care and attention to accurately carry out the foregoing formalities, as a variance therefrom may vitiate the execution of the order. APPENDIX A. TEXT OF THE FEDERAL TRADE COMMISSION ACT. [PUBLIC-No. 203-63D CONGRESS.] An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes. FEDERAL TRADE COMMISSION CREATED. SEC. I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a Commission is hereby created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the commissioners shall be members of the same political party. The first commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from the date of the taking effect of this act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. The Commission shall choose a chairman from its own membership. No commissioner shall engage in any other business, vocation, or employment. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining commissioners to exercise all the powers of the Commission. The Commission shall have an official seal, which shall be judicially noticed. SALARIES-SECRETARY AND EMPLOYEES. SEC. 2. That each commissioner shall receive a salary of $10,000 a year, payable in the same manner as the salaries of the |