Dedimtjs.-L

We have given. See Dare. A commission to take testimony, the full name of which is dedimus potestatem, we have given power. In English practice the writ issues out of chancery, and empowers the person named to perform designated judicial acts: as, to administer oaths, take answers in equity suits, examine witnesses.^ With us the term is seldom, if ever, used in any other sense than that of a commission to take testimony by deposition, q. v. " In any case where it is necessary, in order to prevent a failure or delay of justice, any of the courts of the United States may grant a dedimus potestatem. to taie depositions according to common usage." * " Common usage " here refers to the usage prevailing in the courts of the State in which lihe Federal court may be sitting. Whether the writ is necessary to prevent a " failure or delay of justice " is foriihe court to determine upon the facts presented. " In any case " includes criminal as well as civil proceedings.^ The admissibility of the testimony will be reserved till the ^ime of trial. The testimony may be considered by the court in imposing sentence.'