Page:Federal Reporter, 1st Series, Volume 10.djvu/542

 530 ■ FEDERAL REPORTER. �stantly needed, to the place where the court is held, wonld be a practice in the highest degree inconvenient; neither would the court order the booka of a firm or corporation to be taken from the posses- sion of the owners, and placed in the custody of anyperson not inter- ested in their safety and preservation. The rightof a litigating party is to inspect, to examine, and take copies, with view of securiug information, and offei-ing their contents in evidence. This right the law secures to him, and the court will order it to be done in such a way as to prejudice as little as possible the owners of the books. The •owner of books in which he bas kept his accouhts, and -which he may need for daily and hourly use, is just as much entitled to their custody as he is entitled to the possession and use of any other Per- sonal property. It would be most prejudicial and unjust to order a Jitigant to bring his books from a distant place, where they are in constant use, and deliver them to some ofScer of the court for the convenience of an adversary party. If such were the rule, a foreign Insurance company or railroad corporation or private firm might be compelled, under penalties of contempt and default, to bring their books from far-distant states, and even from beyond the seas, at their own expense, and to their grievous prejudice, for the use, bene- fit, and convenience of their adversaries. It will beseen, by examin- ing the foregoing provision, that the court is to govern its discretion by the practice in such cases in chanoery. The practice in equity bas been long established, and the court will make an order in strict pursuance of that practice. �As to means by which the order shall be enforced, the rule quoted above speaks for itself. But, even in the absence of such a rule, the court would find a way to enforce obedience to its ordej;s by a party litigant before it. �OBDEB. �Lel the plaintiff, his solicitors, and agents be at liberty, at all sea- •sonable times, upon giving reasonable notice, to inspect and peruse at the office of the defendant company, or elsewhere, the books, papers, and vouchers referred to in the plaintiff's application as containing evidence pertinent to this case, the same being in the defendant's possession, custody, or power, and take copies thereof and abstracts therefrom, as they shall be advised, at the plaintiff's expense; and let the said defendants produce any designated books, papers, or vouchers before any competent officer taking depositions, on due notice, at the plaintiff's instance, at the town or city or place where ��� �