Page:United States Statutes at Large Volume 18 Part 1.djvu/238

 166 'Irru: xm.—THE JUDICIARY.—C¤. 27. Same subject; Sec. 873. Testimony obtained under the two preceding sections shall m'“°' °f if E"! be taken down in writin by the officer before w om the witness appears, Qgdemxxung and shall be certified ang transmitted by him to the court in which the ———-—¥— suit is pending, in such manner as the practice of that court maylgequire. ,22 lfgvvlgjlgv °· lf any person refuses or neglects to appear at the time and  e men- 825:’' p' tioned in the summons, or, on his appearance, refuses to test1 y, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit. _S•mc subiect; Sec. 874. Every witness appearing and testifving under the said pro- '”*¤°°*"l°°’·, visions relating to the District of Co umbia shall be entitled to receive 3 Mar., 1869, c. for each day’s attendance, from the party at whose instance `he is sum- · ance. Letters mgamry Sec. 875. When any commission or letter rogatory, issued to take the mm U¤l*¢dS*·¤*·°¤ testimon of any witness in a foreign country, 1D any suit in which the °°“’°“‘ United Sytates are parties or have an interest, is executed by the court or 3 Mar., 1863, c. the coumiissioner to whom it is directed, it shall be returned by such 95k§,·§,‘z l2i&7770· court or commissioner to the minister or consul of the United States 69 v_ 1*;,*;, 24{_ °' nearest the place where it is executed. On receiving the same, the said 4*;-- minister or consul shall indorse thereon a certificate, stating when and P£°l,°°g "& S·· where the same was received, and that the said deposition is in the same ’ "condition as when he received it; and he shall thereupon transmit the said letter or commission, so executed and certified, by mail, to the clerk of the court from which the same issued, in the manner in which his odicial dispatches are transmitted to the Government. And the testimony of witnesses so taken and returned shall be read as evidence on the trial of the suit in which it was taken, without objection as to the method of returning the same. [When letters rogatory are addressed from any court of a foreign country to any circuit court of the United States, a commissioner of such circuit court designated by said court to make the examination of the witnesses mentione in said etters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in courts.] [Buss401K-4014.] subpoenas for Sec. 876. Subpoenas for witnesses who are required to attend a court witnesses to ¤}¤ of the United States, in any district, may run into any other district: “"°*l‘°" d"" Provided, That in civil causes the witnesses living out of the district in .i_.._.. which the court is held do not live at a greater distance than one hun- 222 Msg-, I79?. c- dred miles from the place of holding the same. Ilia. Co. v. Southeate, 5 Pet., 616; Rumll v. Ashley, Hempst., 548. Witnesses, form Sec. 877. Witnesses who are reqmred to attend any term of a circuit 0*  W or district court on the part of the nited States, shall be subpuanaed to  attend to testify genera y on their behalf, and not to depart the court 6 Feb-. l$53» <=· without leave ereof, or of the district attorney; and under such process 8°·'·3·"· 1°·P·1°°· they shall appear before the grand or petit jury, or both, as they may be reguired by the court or district attorney. _ Witnesses in be- nc. 878. Whenever any person indicted in a court of the United lyjf of t;¤<1¤z¤z¤¢ States makes affidavit, setting forth that there are witnesses whose evicfi:l';¤:,“,m“_ m dence 18 material to his defense; that he cannot safely go to trial without _;. them; what_he expects to prove by each of them; t at they are within 988 ¢§*;8·» 5*6% the district mwhich the court is eld, or within one hundred miles of is actually unable to pay the fees of such witnesses, the court in term, or any judge thereof in vacation, may order that such witnesses be subpoenaed if found within the limits aforesaid. In such case the costs incurred by the process and the fees of the witnesses shall be aid in the same manner that similar costs and fees are paid in case of) witnesses subpmnaed in behalf of the United States. wimgiwcphoé Sec. 878. Any udge or othelr oiiigeir wthlo may  authorized to arrest; . an imprison or a1 persons c a wi an crime or o ense ms £,°‘:;'i:fi::l°;“s·Yf?° the United States may, at the heaihng of any slich charge, requireachaany witness produced against the prisoner, on pain of imprisonment, a recog- 20,s33, v. 1, p. 91. mzance, with or without sureties, in his iscretion, for his appearance
 * ?. S- 4. v· 15. p- moned, the fees now provided by law for each day he shall give attend-
 * ‘ *" ’P‘ ‘ the place of trial; and that he is not possessed of sufficient means, and