Page:United States Statutes at Large Volume 62 Part 1.djvu/980

 PUBLIC LAWS-CH. 646-JUNE 25, 1948 (c) The marshal making such levy or seizure shall forward to any United States consul within the country where the witness may be a copy of such order and a request that the consul make personal service of the order on the witness. The marshal shall also cause the order to be published once each week for six consecutive weeks in some newspaper of general circulation in the district where the court which issued the order sits. (d) On the return day of such order or any later day to which the hearing may be continued, proof shall be taken. If the charge of recusancy against the witness is sustained, the court may adjudge him guilty of contempt and, notwithstanding any limitation upon the power of the court generally to punish for contempt, may fine him not more than $100,000 and direct that the fine and costs of the pro- ceeding be satisfied unless paid by a sale of the property levied upon or seized, such sale to be conducted upon the notice required an in the manner provided for sales upon execution. Any such judgment rendered upon service by publication only may be opened for answer within one year. § 1785. Privilege against incrimination A witness shall not be required on examination under letters roga- tory to disclose or produce any evidence tending to incriminate him under the laws of any State or Territory of the United States or any foreign state. CHAPTER 119-EVIDENCE; WITNESSES Sec. 1821. Per diem and mileage generally; subsistence. 1822. Competency of interested persons; share of penalties payable. 1823. United States officers and employees. 1824. Mileage fees under summons as both witness and juror. 1825. Payment of fees. § 1821. Per diem and mileage generally; subsistence A witness attending in any court of the United States or before a United States commissioner or person taking his deposition pursuant to any order of a court of the United States, shall receive $2 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 5 cents per mile for going from and returning to his place of residence. Witnesses who are not salaried employees of the Government and who are not in custody and who attend at points so far removed from their respective resi- dences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $3 per day for expenses of subsistence. § 1822. Competency of interested persons; share of penalties payable Any person interested in a share of any fine, penalty or forfeiture incurred under any Act of Congress, may be examined as a witness in any proceeding for the recovery of such fine, penalty or forefeiture by any party thereto. Such examination shall not deprive the witness of his share. § 1823. United States officers and employees (a) Any officer or employee of the United States or any agency thereof, summoned as a witness on behalf of the United States, shal be paid his necessary expenses incident to travel by common carrier, and if travel is made by privately owned automobile mileage at a rate not to exceed 5 cents per mile, together with a per diem allowance not to exceed $6 in lieu of subsistence under regulations prescribed by the Attorney General. Such expenses for oppearing as a witness in any case involving the activity in connection with which such per- son is employed, shall be payable from the appropriation otherwise 950 [62 STAT.

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