Page:United States Statutes at Large Volume 48 Part 1.djvu/1123

 73d CONGRESS. SESS. II. CH. 652 . JUNE 19, 1934. 1097 of the court may be punished by such court as a contempt thereof. Depos itio ns. (e) The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimo ny to be tak en by deposi tion i n any p roceed ing or inves tiga- tion pending before it, at any stage of such proceeding or inves- tigation. Such depositions may be taken before any judge of any cour t of the U nited Sta tes, or an y Un ited State s co mrrii ssion er, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor, or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the p arties, n or intere sted in t he event of the pr oceeding or investigation. Reasonable notice must first be given in writing tska t'-olin ent`onto by the party or his attorney proposing to take such deposition to the oppos ite party or his a ttorney o f record, as eithe r may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. (f) Every person deposing as herein provided shall be cautioned Oath of witness . and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced n Subscribing by wit- to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. (g) If a witness whose testimony may be desired to be taken by witne ss i n fo reign deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commis- wDeco itio sson filed sion. All depositions must be promptly filed with the Commission. (h) Witnesses whose depositions are taken as authorized in this witness fees Act, and the magistrate or other officer taking the same, shall sever- ally be entitled to the same fees as are paid for like services in the courts of the United States. Production of books, records, etc. (i) No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agree- ments, and documents before the Commission, or in obedience to the subpena of the Commission, whether such subpena be signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture ; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any indi- vidual so testifying shall not be exempt from prosecution and punish- ment for perjury committed in so testifying. (j ) Any person who s hall n eglect or re fuse to atten d and testif y, Penalty provision. or to answer any lawful inquiry, or to produce books, papers, sched- ules of charges, contracts, agreements, and documents, if in his power to do so, in obedience to the subpena or lawful requirement