Page:United States Statutes at Large Volume 47 Part 1.djvu/1136

 1112 in the sa me manner as if he we re in attendance upon a subpama issued by such court or officer. Disobedience to sub- SE C. 1160. DISO BED IENC E '1 'O SU BPWN A, IIOW PU NIS HED. -Disobedl- pa ° na, puni shable as a contempt ence to a subpama, or a refusal to be sworn, or to answer as a witness, or to subscribe all affdavit or deposition when required, may be When before offi cer punished as a contempt by the court issuing the subpoena. Wh en cou ommissiouer out of the subpoena, i ll 'lily such case, requires the at tendance of the wi tness before an officer or commissioner out of court, it is the duty of such officer or com missioner to re port any such di sobedience or re fusal to the court issuing the subpama ; and the witness must not be pun- ished for any refusal to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders him to so answer or subscribe and then only for disobedience to such order. Any judge, magistrate, or other officer mentioned in sub- Ante, p. u1s. division three of section 1156, may report any such disobedience or refusal to the district court for the division in which such attendance was re quir ed ; and such court there upon has power, upon notice, to order the witness to perform the omitted act, and any refusal or neglect to comply with such order may be punished as a contempt of such court. Forfeiture. SEC. 1161 . FOR FEI TUR E THEREFOR .-A witness disobeying a sub- poena also forfeits to the party aggrieved the suns of $100, and all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action. Warrant w itness. to bring SEC. 1162 . WARR ANT MAY ISSUE TO BRING W ITN ESS, WHEN .-In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the s ervice thereof, and of the failu re of the witness, may issue a warrant to the marshal or constable to arrest the wit ness and bring him before the c ourt or officer where his attendance was required. - Contents. S EC. 1163 . CONT ENT S or WARRANT.-Every warrant of commitment, Ante, p.„11„ issued by a court or officer pursuant to sections 1155 to 1165, must specify therei n, particularly, the cause of t he commitment, a nd if it be for r efusing to answer a question, such question must b e stated iii, the warrant. And every warrant to arrest or commit a witness, pursuant to said sections, must be executed in the same manner as Process issued by the district court. o When witness a prix- SEC. 1164. IF W ITNE SS BE A PRISONER, H OW BROUGHT. -I f the witness be a prison er, confined in a jail or prison w ithin the Canal Zone, an order for his examination its the prison upon deposition, or for his temporary removal and production before a. court or officer, for the purpose of being orally examined, may be made as follows : 1 . By the court i tself in which th e action or speci al proceeding is pending, un less it be a magi strate's court. 2 . By the judge of the district court if the action or proceeding is pending before a magistrate's court, or before a judge or other person out of court. Order for examina- SEC. 1165 . ON WHO SE MOTION .-Such order can only be made on tion made on motion of 3' party. the motion ofa party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. Taking of testimony. 72d C ONGRESS. SESS. II. CH. 127 . FEBRUA RY 27, 1933 . MODE OF TARING THE TESTIMONY OF WITNESSES Methods of taking. SEC. 1167. TESTIMONY, IN WHA T MOD E TAKEN .-The testimony of witnesses is taken in three modes : 1 . By affidavit ;