Page:1887 Compiled Laws of Dakota Territory.pdf/1226

§§ 7531-7539 under the seal of the court and subscribed by him as clerk, for witnesses within the territory, as may be required by the defendant.

§ 7531. A subpoena, authorized by the last four sections, must be substantially in the following form:

In the name of the territory of Dakota.

You are commanded to appear before CD, a justice of the peace at the town of............. (or on (stating the day and hour), as a witness in a criminal action prosecuted by the territory of Dakota against Dr. Dated at the town of........(as the case may be), the........day of........, 18.. "G H, justice of the peace," or "I K, district attorney," or "by order of the court, L M, clerk" (as the case may be). Subpoena duces

§ 7532. If the books, papers or documents be required, a direction to the following effect must be contained in the subpoena:

And you are required also to bring with you the following: (Describe intelligibly the books, papers or documents required).

§ 7533. A peace officer must serve in his county, city, town or village, as the case may be, any subpoena delivered to him for service, either on the part of the territory or of the defendant, and must make a written return of the service, subscribed by him, stating the time and place of service, without delay. Ă. subpoena may, however, be served by any other person.

§ 7534. A subpoena is served by delivering it, or by showing it, and delivering a copy thereof to the witnesses personally.

§ 7535. When a person attends before a magistrate, grand jury, or court, as a witness on behalf of the territory, upon a subpoena, or pursuant to an undertaking, and it appears that he has come from a place out of the county, or that he is poor, the court, if the attendance of a witness be upon a trial, by an order entered upon its minutes, or in any other case, the district judge, by a written order, may direct the county treasurer to pay the witness a reasonable sum, to be specified in the order, for his expenses.

§ 7536. Upon the production of the order, or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury.

§ 7537. No person is obliged to attend as a witness, before a court or magistrate out of the county where the witness resides or is served with the subpoena, unless the judge of the court in which the offense is triable, upon an affidavit of the prosecutor or district attorney, or of the defendant or his counsel, stating that he believes that the evidence of the witness material, and his attendance at the examination or trial necessary, shall indorse on the subpoena an order for the attendance of the witness.

§ 7538. Disobedience to a subpoena, or a refusal to be sworn or to testify, may be punished by the court or magistrate, as for a criminal contempt, in the manner provided in the code of civil procedure.

§ 7539. A witness disobeying a subpoena issued on the part of the defendant, also forfeits to the defendant the sum of fifty dollars, which may be recovered in a civil action.