Page:United States Statutes at Large Volume 18 Part 1.djvu/857

 Trr1.1·: x1.v1r.——1·`OREIGN RELATIONS. 785 such court, judge, or gustice; and after a full examination and hearing on such complaint, an sufficient cause appearing, to order such alien to be removed out of the territory of the l. nited States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. Sue. 4070. When an alien enem_v is required by the President, or by D¤@i¤¤ of ¤}¤P· order of any court, judge, or justice, to depart and to be removed, it shall iing Z'; ;;’l“°"'"8 be the duty of the marshal of the district in which he shall be apprehended. ___3E?` .-. to provide therefor, and to execute such order in person, or by his deputy, 6 July, 1798,_c. or other discreet person to be employed by him, by causing a removal of Sfjfff- 1vP·ifj8· such alien out of the territory of the United States: and forsuch removal Lqqkingmu ,·_ the marshal shall have the warrant of the President, or of the court. judge, Smith, Pvt- C- C-. or justice ordering the same, as the case may be. 466- Sec. 4071. The testimony of any witness residing within the United Taking testimo- States, to be used in any suit for the recovery of money or property ;‘Y Fo be ufl m depending in any court in any foreign country with which the Lnited grflgri cqlm "°S‘ States are at peace, and in which the government of such foreign country 3 Mar., 1873, c. shall be a party or shall have an interest, may be obtained, to be used in 95§S,&·"·1%8¥;3769· such suit. If a commission or letters rogatory to take such testimony, 245 S_371r"\._ 17, S: together with specific written interrogatories, accom nying the same, 581: ’ ' and addressed to such witness, shall have been issuedhlrom the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimonv of any witness is material to the party desiring the same, such judge shall issue a summons to such witness re uiring him to appear before the officer or commissioner named in sudli commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accom nying suc commission or letters: Ihwrirled, That when counsel for allathe parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclu e such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. [Su s su.} Sec. 4072. No witness shall be required, on such examination or any Witressneednot other under letters rogatory, to make any disclosure or discovery which <=*lmi¤¤*6 hi¤¤S¢lfshall tend to criminate him either under the laws of the State or Terri 3 g;;,;. QQ Q tory within which such examination is had, or any other, or any foreign gg, s. 2, v. 17, p. state. - Sec. 4073. If any person shall refuse or neglect to appear at the time Punishment of and place mentioned in the summons issued, in accordance with section *********5 fer °°¤· forty hundred and seventy-one, or if upon his appearance he shall refuse t2llpLl- .. _ to testify, he shall be liable to the same penalties as would he incurred 3 Mar., 1868, c. ger a like offense on the trial of a suit in the district court of the United 95» B- 2» V- 12: P-769- tates. Sec. 4074. Every witness who shall so appear and testify shall he Fees and mileage allowed, and shall receive from the party at whose instance he shall have of “'it¤°¤¤°¤- been summoned, the same fees and mileage as are allowed to witnesses ibid., s. 3. - in suits depending in the district courts of the United States. [Svcs8Fé.] Sec. 4075. The Secretary of State may grant and issue passports, and Passports. how cause (passports to be granted, issued, an verified in foreign countries bv ·f¥"“"t° _· _ _ _ such iplomatic or consular officers of the United States, and under such 30 May, 1866, e. rules as the President shall designate and prescribe for and on behalf l02i V- Ni l>· 5+ of the United States; and no other person shall grant, issue, or verify any such passport. Where a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport, except in the absence therefrom of such representative. lS••s11¤·1