Page:United States Statutes at Large Volume 47 Part 1.djvu/1124

 1100 Writings . Pub lic -an d private. `Public" defined . 72d CONGRESS . SESS. II . CH. 12 7. FEBRUARY 27, 1933 . si onal em ploy ment ; nor can an attorney's secretary, stenographer, or clerk be examined, "without the consent of his employer, concern- iiig any fact the knowledge of which has been acq uire d in suc h capacity. f~Coonfessor and co n- 3. CONFESSOR AND CONFESSANT :A clergyman or priest can not, without the consent of the person making the confession, be exam- ined as to any confession made to him in his professional character in the c ourse of discipline enjo ined by the church to wh ich he belongs. Physician and pa. 4. PHYSICIAN AND PATIENT.-A licensed physician or surgeon can tient . not, without the -consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was Provisos. nenecessary to enable him to prescribe or act for the Provided C oncncern ing injury patient : s Can s~ng de ath of pa- however, That after the death of the patient, the executor of his tfent, u pon consent of representative of es- will, or the administrator of his estate, or the surviving spouse of tare. the deceased, or, if there be no surviving spouse, the children, of the deceased personally, or, if minors, by their guardian, may give such consent, in any action or proceeding brought to recover brige action the party damages on account of the death of the patient : Provided further, That where any person brings an action to recover damages for per- sonal injuries, such action shall be deemed to constitute a consent by the person bringing such action that any physician who has pre- scribed for or treated said person and whose testimony is material Action by representa- in said action shill testify : And provided further, That the bringing tive for death. of an action to recover for the death of a patient, by the executor of his will, or by` the administrator of his estate, or by the surviving spouse of the deceased, or if there be no surviving spouse, by the children personally, or, if minors, by their guardian, shall constitute a cons ent by s uch exec utor, ad ministra tor, surv iving sp ouse, or chil- dren or guardian, to the testimony of any physician who attended said deceased. Pu blic off icer. 5. PUBLIC OFFICER.-A public officer can not be examined as to communications made to him in official confidence, when the public interest would suffer by the disclosure. Ju dge and Juror s SEC. 1076. JUDGE OR A du tOR MAY BE A WIT NESS .-The jud ge him- eligible as. self, or any juror, may be called as a witness by either party in such case it is in the discretion of the court or judge to order the trial to be postponed or suspended, and to ta ke place before another judge or jury. Interpreter. SEC. 1077. WH EN AN INTERPRETER TO BE SWORN .-When a witness does not understand and speak the English language, an interpreter must be sworn to interpret for him. Any person, a resident of the proper division or subdivision, may be summoned by any court or judge to appear before such court or judge to act as interpreter in any action or proceeding. The' summons mu st be served and returned in like manner as a subpoena. Any person so summoned who fails to attend at the time and place named -in the summons, is guilty of a contempt. W RITI NGS IN GE NER AL SE C. 1078. WRITINGS, PUBLIC AND PRIVATE.-Writings are of two k inds 1 . Public ; and, 2 . Private. SEC. 1079. PUBLIC WRITINGS DEFINED .-Public writings, are 1 . T he writt en acts or recor ds of the acts of the sov ereign a uthor- ity, of official bodies and tribunals, and of public officers, legislative,
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