Page:United States Statutes at Large Volume 47 Part 1.djvu/1145

 72d CONGRESS. SESS. II. CH. 127. FEBRUAR Y 27, 1933. of attendance, and the action or proceeding in which the subpoena was issued ; and 2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest ; 3 . That he is at the time going to the place of attendance,, or returning therefrom, or remaining there in obedience to the subpoena. The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested. SEC. 1219. C OURT MAY DISC HARGE WITNESS FROM ARREST,The court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of section 1216. If the court has adjourned before the arrest, or before application for the discharg e, a jud ge of th e court may gran t the dis charge. EVIDEN CE IN PARTICULAR CASES, AND MISCELLANEOUS AND GE NERA L PROVISIONS EVIDENCE IN PARTICULAR CASES PROCEEDINGS TO PERPE TUATE TESTIMONY 1121 Not of own procure- ment. Trial is in progress . Exoneration of officer for discharge. Discharge from rest by court. or- Evidence in particu- lar cases, miscellaneous and general provisions. Evidence in particu- lar cases. Offer equivalent to tender. Right to rece ipt. Objections to tender. SEC. 1220. AN OFFER EQUIVALENT To TENDER:An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. SEC. 1221. WH OE VER PAYS ENTITLED To RECEIPT.-Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. SEC. 1222. OBJECTIONS TO T ENDER MUST BE S PEC IFIE D .-The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it ; and. if the objection be to the amount of money, the terms of the instrument, or the amount or kind of prop- erty, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards. SEC. 1223. COMPROMISE OFFER OF NO AVAIL .-An offer of compromise Compromise offer is not an admission that anything is due. not admiasicn. SEC. 1224. ADMISSION OF D EFEN DANT IN DIVORCE PROCEEDINGS .--In Admissions of de- fendantin divorce pro. proceedings for divorce, no admission of the defendant shall be feedings. taken as evidence unless the court shall be satisfied that s uch admission was made in since rity a nd wi thout frau d or c ollus ion to enable the plaintiff to obtain a divorce. (Act Cong . Sept . 21, 1922, C. 370, † 16, 42 Stat . 1010.) Vol.42,p. 1010. Proceedings to per- petuate testimony. SEC. 1225. EVIDENCE MAY BE PERPETUATED .--The testimony of a Testimony of wit- witness may be taken and perpetuated as provided in sectios 12 26 ness. to 1231. SEC. 1226. MANNER OF APPLICATION FOR ORDER ; ORDER.-The appli- cant must produce to the judge of the district court a petition, verified by the oath of the applicant, stating : 1 . That the applicant expects to be a party to an action in a court in the Canal Zone, and, in such case, the names of the persons whom he expects will be adverse parties ; or, 2 . That the proof of some fa ct is necessary to perfect the t itle to property in which he is interested, or to establish marriage, descent, heirship, or any other m atter wh ich may hereafter become material to establish, though no suit may at the time be anticipated, or, if anticipa ted, he may not know the parties to such suit ; a n d , 3051'---21--Ti Petition. Expectation of future legal action. Proof of certain fact essential.