miles from the place where the trial or hearing is to be had, he may apply to a judge of the court for an order to examine such witness. Whereupon the judge, on due proof to his satisfaction, of the materiality of the witness, may make an order for his examination, at a specified time and place, before the county judge of the county where the examination is to be had, or before a justice of the peace or referee residing therein, to be designated by the judge making the order.

Page 250. Amend § 355, to read as follows:

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§ 353. A copy of such order shall be forthwith served on the adverse party, and notice of the time and place of examination given according to the provisions of section 371. The examination may thereupon be taken by such county judge, justice of the peace, or referee; and being certified by him to have been written and subscribed in his presence, and sworn to before him, and being filed with the clerk, may be read by either party on any trial or proceeding in the action, if the witness be dead, or do not reside within one hundred miles of the place of trial, or be unable to attend. But the court may, on special application, order either party to produce his witnesses, and any such witness to attend in open court, though residing more than one hundred miles from the place of tri 1: and after such order is made, the written deposition of any witness so ordered to be produced shall not be read.

Page 250. Amend § 356 to read as follows:

§ 356. If any witness served with such order, or an order for his examination out of court, disobey it, he may be pnnished by the court or judge as for a contempt, and shall be liable to all the penalties to which a witness is liable, who is duly served with process for his attendance at a court, and neglects to attend.

Page 252. Amend § 360 to read as follows:

§ 360. Motions may likewise be made to a judge or justice out of court, except for a new trial on the merits.

Page 253. Amend § 362 to read as follows:

§ 362. Orders may be made upon or without notice, or on an order to shew cause, according to the existing practice, except as otherwise provided in this act. No order to stay proceedings for a longer time than ten days shall be granted by a judge out of court, except upon previous notice to the adverse party.

Page 254. Amend § 366 to read as follows:

§ 366. The time within which any proceeding in an action must be had, after its commencement, and before judgment, except the time within which an appeal must be taken, may be enlarged, upon an affidavit shewing grounds therefor, by a judge of the court, or if the action. be in the supreme court, by a county judge. The affidavit, or a copy thereof must be served with a copy of the order, or the order may be disregarded.