Page:United States Statutes at Large Volume 31.djvu/1410

 1358 F IFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. H“Sb**“d we “'if°~ Sec. 1068. HUSBAND AND WVIFE.-IH both civil and criminal proceedings, husband and wife shall be competent but not compellable to testify for or against each other. m§g§‘§,‘§§g‘,};?‘ °°’*“‘ Sec. 1069. CONFIDENTIAL COMMUNICATIONS.·—·Il1 neither civil nor criminal proceedings shall a husband or his wife be com etent to testify as to any confidential communications made by one to the other during the marriage. 0,R€°°“* debt P*°°* SEo. 1070. Rnoonn DEBT, raoor or.-An exemplification of the ` record under the hand of the keeper of the same, and the seal of the court or office where such record may be made, shall be good and sufficient evidence to prove any record made or entered in any of the States or Territories of the United States; and the certificate of the party purporting to be the keeper of such record, accompanied by such seal, shall be prima facie evidence of that fact. W§;°°“* °f°‘°€d¤¤¤d Sec. 1071. RECORD or DEEDS AND w1LLs.—-The copy of the record " of any deed or other instrument of writing, not of a testamentary character, where the laws of the State, Territory, or country where the same may be recorded require such record, and which has been recorded agreeably to such laws, and the copy of any will which such . laws re uire to be admitted to probate and record, by judicial decree, and of flxe decree of the court admitting the same to probate and record, under the hand of the clerk or other keeper of such record and the seal of the court or office in which such record has been made, shall be good and suiicient prima facie evidence to prove the existence and contents of such deed, or will, or other instrument of writing, and that it was executed as it purports to have been. lgoduction of b¤¤k¤ Sec. 107 2. PRODUCTION OF BOOKS AND PAPERS. —In an action at comm Pape"' mon law the court may, on motion, and on reasonable notice thereof, require the parties to produce books and writir gs in their possession or ower, w ich contain evidence pertinent to the issue, in cases and und)er circumstances where they might heretofore have been compelled to roduce the same by the or inary rules of plroceeding in chancery.-, ,ePg>3’*gg;;§nS&n,c1;{§gj; Sho. 1073. PHYSIGIANS, TESTHYIONY oE.—In the courts of the District wi of Columbia no physician or surgeon shall be permitted, without the consent of the person aiilicted, or of his legal representatives, to disclose any information, confidential in its nature, which he shall have acquired in attending a patient in a professional capacity and which _€P;g$g0n_ was necessary to enable im to act in that capacity: Provided, That this section shall not apply to evidence in criminal cases where the accused is charged with causing the*‘death of or inflicting injuries upon a human being, and the disclosure shall be required in the interests of public justice. ° CHAPTER TwENcrY-Six. E¤=¤¤¤¤<>¤- EXECUTION. when mum- Sec. 1074. WHEN 1SSUED.—Where the right to issue an execution is ‘ not suspended by agreement or by an injunction or by an appeal operating as a supersedeas, a writ of execution may be issued immediately on the rendition of the judgment or at anys time within three years thereafter; and where the right to issue the same is suspended by any of the causes aforesaid said writ may be issued within three years after the removal of the suspension, and every such writ shall be returnable on or before the sixtieth day after its date. Aim Wim Sec. 1075. ALIAS WRITS.—If the execution be issued and returned unsatisfied, in whole or in part, within said ppriod of three years, an alias writ may be issued at any time during the life of the judgment. F~*=¤¤¤- SEo. 1076. RFETURN:-If the return shall be omitted to be made on or before the return day ex ressed in the writ it may nevertheless be made afterwards as of that gate.