Page:United States Statutes at Large Volume 49 Part 2.djvu/1836

 3842
 * <:nclosure.

ExccrptsfrOlll Cnit~u States Code. U. S. C., p. 1298. LETTERS ROGATORY-SOVIET SOCIALIST REPUBLICS. [Enclosure] EXCF.RPTS FRO1\! TITLE 28, UNITED STATES CODE. "653. ......... "'''hen letters rogatory arc addressed from any court of a foreign country to any district court of the United States, a commissioner of such district court designated by said court to make the examination of the witnesses mentioned in said letters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in courts. (R. S. § 875; Feb. 27, 1'887, C. 69, § 1, 19 Stat. 241)" Testim.ony fol' '1Nse in fo·reign countl'ie8 "701. Taking. The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which su~h suit is pending, on produc- ing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or lettei's rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issned and accompanying such commission or letters. 'Vhen counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or let- ters rogatory may be put to the witne3s, unless the commission or letters rogatory exclude such additional interrogatories. The sum- mons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred mile~ of the place where the witness resides or shall be served with such summons. (R. S. § 4071.) "702. Privilege of witness. No witness shall be required, on such examination or any other under letters rogatory, to make any dis- closure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign State. (R. S. § 4072.) "703. Punishment of witness for contempt. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in aocordance with section 701 of this title, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United Stat('s. (R. S. § 4073.)