Page:United States Statutes at Large Volume 76A.djvu/469

–373– -373-

and is also liable to an action by the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest. (c) An officer is not liable for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the witness, if the witness party claims the exemption, and makes an affidavit stating that: (1) he has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; (2) he has not thus been served by his own procurement, with the intention of avoiding an arrest; and (3) 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. (d) The court or officer before whom the attendance is required may discharge the witness from an arrest made in violation of subsection (a) of this section. § 2558. Persons present A person present in court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by the court or officer. § 2559. Prisoner as witness (a) Except in a criminal action, if the witness is confined in a jail or prison within the Canal Zone, an order may be made by the district court for his examination in the prison upon deposition, or for his temporary removal and production before the district court, a magistrate's court, or an officer. (b) The order may be made only on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. § 2560. Concealed witness If a witness is concealed in a building or vessel, so as to prevent the service of a subpoena upon him, the district court or magistrate's court issuing the subpoena may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the marshal or constable serve the subpoena; and the marshal or constable shall serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed. § 2561. Interpreters (a) If a witness does not understand and speak the English language, an interpreter shall be sworn to interpret for him. (b) Any person, a resident of the proper division or subdivision, may be summoned by a court or judge to appear before the court or judge to act as interpreter in any action or proceeding. The summons shall be served and returned in like manner as a subpoena. A person so summoned who fails to attend at the time and place named in the summons is guilty of a contempt. § 2562. Witness fees (a) Witnesses in the district court, either in actions or special proceedings, are entitled to $4 per day and 10 cents for each mile going to the place of trial from their homes by the nearest route of usual travel. Mileage may be charged but once in the action unless the

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