court of the state wherein such cause is pending, according to the laws thereof. The act of January 24, 1827, authorizes the clerk of any court of the United States within which a witness resides, or where he is found, to issue a subpœna to compel the attendance of such witness; and a neglect of the witness to attend may be pun- ished by the court whose clerk has issued the sub- pæna, as for a contempt. And when papers are wanted by the parties litigant, the judge of the court within which they are may issue a subpœna duces tecum, and enforce obedience by punishment as for a contempt. Rev. Stat. §§ 863-875; see 92 U. S. 1; Desty, Fed. Proc. No witness shall be required, under the provisions of either of the two preceding sections, to attend at any place out of the county where he resides, nor more than forty miles from the place of his res idence, to give his deposition, nor shall any witness be deemed guilty of contempt for disobeying any subpæna directed to him by virtue of either of the said sections, unless his fee for going to, returning from, and one day's attendance at the place of ex- amination are paid or tendered to him at the time of the service of the subpœna. See Rev. Stat. § 870, etc. Section 863 Rev. Stat. above quoted, relating to depositions de bene esse, applies to equity as well as to common-law causes; 86 Fed. Rep. 188. When a party is represented by counsel at the taking of a deposition and takes part in the examination, that must be regarded as a waiver of irregularities in taking it; 158 U. S. 271. A clerical mistake in making out a com- mission which in no way misled the oppo- site party or affected his rights, is no valid ground for the suppression of the deposi- tion; 149 U. S. 981. The statutes of some states provide that courts may issue commissions to take de- positions; others, that the parties may take them by giving notice of the time and place of taking the deposition to the opposite party. The privilege of taking them is gen- erally limited to cases where the witness lives out of the state or at a distance from the court, or where he is sick, aged, about. to leave the state, or where, from some other cause, it would be impossible or very inconvenient for him to attend in person. If the deposition is not taken according to the requirements of the statute authorizing it, it will, on objection being made by the opposite party, be rejected. See, generally, Weeks, Depositions. In Ecclesiastical Law. The act of de- priving a clergyman, by a competent tribu- nal, of his clerical orders, to punish him for some offence and to prevent his acting in future in his clerical character. Ayliffe, Parerg. 206.