Page:United States Statutes at Large Volume 26.djvu/797

 744 ‘ F1rrY-1=11—zsT couennss. sESS. 11. cu. 128. 1891. before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions o t is section. ,sS‘§g°${)p Ogg "And any of the circuit courts of the United States within the mumes. jurisdiction of which such inquiry is carried on may, in case of con— tumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to ap ear before said Commission (and produce books and papers if so ord)ered) and give evidence touching the matter in question; and any failure to obey mgjlmgggptgéggg such order of the court may be punished by such court as a concoutumiwyétc, " tempt thereof. The claim that any such testimony or evidence may tilggiyfimetmgwe ten to criminate the person giving such evidence shall not excuse · ‘ such witness from testifying; but such evidence or testimony shall notdbe used against such person on the trial of any criminal procee ing. m'§j‘m°¤Y W °‘°P° “The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to e taken by deposition in any proceeding or investigation pending before it, at any stage of suc proceeding or investigation. uch depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to _ _ _ either of the parties, nor interested in the event of the proceeding or - b°N;$e°;m ‘”’*‘*i“g °° investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either ma be nearest. which notice shall state the name of the witness and the time and ugguzgglsory d<—>1><>¤i- place of the taking of his deposition. Any person may be compelled ’to appear and depose, and to produce documentary evidence. in the same manner as witnesses may be compelled to appear and testify ang produce dtpctpmentary evic ence before the Commission as herein e ore provide. ,,eQ§f"‘1°‘°·*°’ ‘°P" “Every person deppsing as herein provided shall be cautioned and sworn (or affirm, if e so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direcgpmé and shall, after it has been reduced to writing, be subscribed by _ _ e eponent. ,,é’_$Qg“\,j{Q,°jS_m '°" “If a witness whose testimony may be desired to be taken by r deposition be in a foreign country, the deposition may be taken before an oBicer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be Bled with the Fi¤i¤s¤fd¤v<>¤i¤i<>¤¤. Commission. All depositions must be promptly Bled with the Commission. the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Approved, February 10, 1891.
 * `°°“ ’°' °°P°**“°¤=‘- Witnesses whose depositions are taken pursuant to this act, and