Page:1862 Territory of Dakota Session Laws.pdf/120

CHAP. VIII.] of residence; but such copy need not contain the name of any other witness.

. 334. A witness shall not be obliged to attend for examination on the trial of a civil action, except in the county of his residence, nor to attend to give his deposition out of the county where he resides, or where he may be when the subpna is served upon him.

. 335. A witness may demand his travelling fees, and fee for one day's attendance, when the subpna is served upon him, and if the same be not paid, the witness shall not be obliged to obey the subpna. The fact of such demand and non-payment shall be stated in the return.

. 336. Disobedience of a subpna, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer, by whom his attendance or testimony is required.

. 337. When a witness fails to attend in obedience to a subpna (except in case of a demand and failure to pay his fees), the court or officer before whom his attendance is required, may issue an attachment to the sheriff, coroner, or constable of the county, commanding him to arrest and bring the person therein named, before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt. If the attachment be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his appearance. Such sum shall be indorsed on the back of the attachment, and if no such sum is fixed and indorsed, it shall be one hundred dollars. If the witness be not personally served, the court may, by a rule, order him to show cause why an attachment should not issue against him.

. 338. The punishment for the contempt mentioned in section three hundred and thirty-six, shall be as follows: When the witness fails to attend, in obedience to the subpna (except in case of a demand and failure to pay his fees), the court or officer may fine the witness in a sum not exceeding fifty dollars. In other cases, the court or officer may fine a witness in a sum not exceeding fifty nor less than five dollars, or may imprison in the county jail, there to