Page:United States Statutes at Large Volume 31.djvu/485

 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. 433 and his oral examination important and desirable, may indorse upon the subpoena an order for the attendance of the witness; the service of such subpoena and order and the payment of legal fees to the witness are sufficient to— require his attendance, if he be served within the district. Sec. 631. A person present in court or before a judicial officer may €1;gg<>t%r;€$§¤t combe required to testify in the same manner as if he were in attendance P S y' before such court or officer on a subpoena. ' Sec. 632. Disobedience to a subpoena, or a refusal to be sworn, or to grjiogmisncsivsug answer as a witness, or to subscribe an aflidavit or deposition when P ’ °w wm E ` required, may be punished as a contempt by the court or officer before ° whom he is required to attend or the refusal takes place, and if the witness be a party his complaint, answer, or reply may be stricken out. · SEc. 633. A witness disobeying a subpoena duly served shall forfeit Fcrfeiture therefor. to the party reqlpiring his atten ance the sum of fifty dollars and all damages w ich e may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered by an action. at law. Sec. 634. In case of the failure of a witness to attend, the court or wasn wamnt may officer before whom he is required to attend, upon proof of the due l,Q§,§§f*“‘*‘“° b’"l¤gW“# service of the subpoena and tender of his fees, may 1ssue a warrant to » the marshal requiring him to arrest the witness and bring him before the court or officer where his attendance was required. Sec. 635. Every·warrant of commitment issued by a court or officer wtnpmt trimester pursuant to this chapter shall specify therein the cause of the commit- °°”“‘“"“"“*· ment; and if it be for refusing to answer a question such question shall be stated in the warrant. Sec. 636. If the witness be a prisoner, confined in a prison within If witness bettpnsthe district, an order for his examination in the prison upon a deposi- §§‘§§,,,;‘,§’,§‘Q,d§’r°d“°€d tion, or for his temporary removal and production, before a court or oificer, for the purpose of being orally examined, may be made as follows: First. By the court or judge thereof in which the action or proceedin is pending, unless it be a court of a justice of the peace; Second. By any judge of a court of record, when the action or proceeding is pending in a justice’s court, or when the witness’s deposition, affidavit, or oral examination is required before a judge or other person out of court; Third. Such order shall only be made uppn the ailidavit of the party desiring the order, or some one on his be alf, showing the nature of · the action or roceeding, the testimony expected from the witness, and its materiaility; Fourth. If the witness be imprisoned at the place where the action or ' proceeding is pending, and for a cause other than a sentence for felony, is production may be required; in all other cases his examination shall be taken by deposition. CHAPTER SIXTY. or THE MODE OF TAKING THE TESTIMONY OF WITNESS. Sec. ‘ Sec. 637. How authenticated if taken outside640. Proof of publication by affidavit. the district. 641. Where affidavit may be filed, and 638. Aiiidavit, when may be used. effect thereof. 639. When deponent to be produced for cross-examination. Sec. 637. An aiiidavit or deposition taken in any State or Territory _ new authenticated Of the United States, the District of Columbia, or in a foreign coun- gi,§1§§“ °“'“‘°° ’h° vox. xxxi-——28