Page:United States Statutes at Large Volume 18 Part 1.djvu/237

 Tum: xm.—THE J UDICIARY.—Ch. 17. 165 witnew, after being duly served with such subpoena, refuses or ne lects to appear, or, after appearing, refuses to testify, not being privileged from giving testimony, and such refusal or neglect is proven to the satisfaction 0 any judge of the court whose clerk issues such subpoena, such judge may proceed to enforce obedience to the process, or punish the disobedience, as any court of the United States may proceed in case of disobedience to process of subpcena to testify issued by such court. Sec. 869. \Vhen either party in such suit applies to any judge of a Subpcena dures United States court in such district or Territory for u. subpoena command- W""' ““d°'¤ d¢diing the witness, therein to be named, to appear and testify before said m"°p°“'"‘""'°‘ commissioner, at the time and place to be stated in the subpoena, and to 24 Jan., 1827, c. bring with him and produce to such commissioner any paper or writing ‘f2· "· *· P- 199- or written instrument or book or other document, supposed to be in the 1 BG’_s Trial, possession or power of such witness, and to be described in the sub na, i83- such judge, on bein satisfied by the ailidavit of the person applying, or otherwise, that there is reason to believe that such paper, writing, written instrument, book, or other document is in the possession or power of the witness, and that the same, if produced, would be competent and material evidence for the party applying therefor, may order the clerk of said court to issue such subpoena accordingly. And if the witness, after being served with such subpoena, fails to produce to the commissioner, at the time and place stated in the subpoena, any such paper, writing, written instrument, book, or other document, bein in his possession or power, and described in the subpoena, and sucdi failure is groved to the satisfaction of said judge, he may proceed to enforce obeience to said process of subpcena, or punish the disobedience in like manner as an ’ court of the United States may proceed in case of disobedience to like process issued by such court. When any such paper, writin g, written instrument, book, or other document is produced to such commissioner-, he shall, at the cost of the party requiring the same, cause to be made a correct copy thereof, or of so much thereof as shall be uired by either of the parties. NSec. 870. No witness shall be required, under the provisions of either Witness undera of the two preceding sections, to attend at an place out of the county ddimwwkdvkm. where he resides, nor more than forty miles fiom the place of his resi- Kifsd "q““`°d w dence, to give his deposition; nor shall any witness be deemed guilty m.. of contem t for disobeying any subpoena directed to him by virtue of 24 JM-» 1827» c- either of the said sections, unless his fee for going to, returning from, gbgsjgg, 2** 4· Pp' and one day’s attendance at, the place of examination, are paid or ten- ’ ` dered to him at the time of the service of the subpoena. Sec. 871. When a commission to take the testimony of any witness _Dep0sitions in found within the District of Columbia, to be used in a suit depending in B‘“*F'°l’ °i C°l“'g‘ any State or territorial or foreign court, is issued from such court, or a hz éjlsgxgfugen ` notice to the same etfect is given according to its rules of practice, and -;--4 such commission or notice is produced to a justice of the supreme court 123 M“{·» 18*:% °· of said District, and due proof is made to him that the testimony of such 324: °° ’ v'P' witness is material to the party desiring the 88.010, the said justice shall issue a summons to the witness, requiring him to appear before the commissioners named in the commission or notice, to testify in such suit, at a time and at a place within said District therein skpeciiied. Sec. 872. When it satisfactorily a pears by afli avit to any justice of Same subject; the supreme court of the District ofp Columbia, or to any commissioner ‘Yh°¤ “° °';¥¤m*¤‘ for takin depositions appointed by said court- First. That any person within said District is a material witness for 3 Mar., 1869. <=· either partv in a suit pending in any State or territorial or foreign court;  ”· 2» V- 15· P- Second. `That no commission nor notice to take the testimony of such ‘ witness has been issued or given; and Third. That, according to the practice of the court in which the suitis pending, the deposition of a witness taken without the presence and consent of both parties will be received on the trial or hearing thereof, such officer shall issue his summons, requiring the witness to appear before him at a place within the District, at some reasonable time, to be stated therein, to testify in such suit.