# United States Statutes at Large/Volume 4/19th Congress/2nd Session/Chapter 4

Chap. IV.—An Act to provide for taking evidence in the courts of the United States in certain cases.
Whenever a commission shall be issued, by any court of the United States, for taking the testimony of a witness or witnesses, at any place within the United States, or the territories thereof, it shall be lawful for the clerk of any court of the United States, for the district or territory within which such place may be, to issue a subpœna, or subpœnas, for such witness or witnesses named named in said commission.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, whenever a commission shall be issued, by any court of the United States, for taking the ​testimony of a witness or witnesses, at any place within the United States, or the territories thereof, it shall be lawful for the clerk of any court of the United States, for the district or territory within which such place may be, and he is hereby enjoined and required, upon ​the application of either of the parties in the suit, cause, action, or proceeding, in which such commission shall have been issued, his, her, or their agent or agents, to issue a subpœna, or subpœnas, for such witness or witnesses, residing or being within the said district or territory, as shall be named in the said commission, commanding such witness or witnesses to appear and testify before the commissioner or commissioners, in such commission named, at a time and place in the subpœna to be stated, and if any witness, after being duly served with such subpœna, shall refuse or neglect to appear, or after appearing, shall refuse to testify (not being privileged from giving testimony,) such refusal or neglect being proved to the satisfaction of any judge of the court, whose clerk shall have issued such subpœna or subpœnas, he may thereupon proceed to enforce obedience to the process, or to punish the disobedience, in like manner as any court of the United States may do in case of disobedience to process of subpœna ad testificandum, issued by such court; and the witness or witnesses, in such cases, shall be allowed the same compensation as is allowed to witnesses attending the courts of the United States:Proviso. Provided, That no witness shall be required to attend at any place out of the county in which he may reside, nor more than forty miles from his place of residence, to give his or her deposition, under this law.
Any judge of the United States to issue a subpœna duces tecum, in certain cases.Sec. 2. And be it further enacted, That whenever either of the parties in such suit, cause, action, or proceeding, shall apply to any judge of a court of the United States, in the district or territory of the United States, in which the place for taking such testimony may be, for a subpœna duces tecum, commanding the witness, therein to be named, to appear and testify before the said commissioner or commissioners, at the time and place in the said subpœna to be stated, and also to bring or carry with him or her, and produce to such commissioner or commissioners, any paper, writing, or written instrument, or book, or other document supposed to be in the possession or power of such witness, such judge being satisfied, by the affidavit of the person applying, or otherwise, that there is reason to believe that such paper, writing, written instrument, book, or other document, is in the possession or power of the witness, and that the same, if produced, would be competent and material evidence for the party applying therefor, may order the clerk of the court, of which he is a judge, to issue such subpœna duces tecum, accordingly, and if such witness, after being duly served with such subpœna duces tecum, shall fail to produce any such paper, writing, written instrument, book, or other document, being in the possession or power of such witness, and described in such ​subpœna duces tecum, before, and to such commissioner or commissioners, at the time and place in such subpœna stated, such failure being proved to the satisfaction of the said judge, he may proceed to enforce obedience to the said process of subpœna duces tecum, or to punish the disobedience, in like manner as any court of the United States may do in case of disobedience to a like process, issued by such court; and when any such paper, writing, written instrument, book, or other document, shall be produced to such commissioner or commissioners, he or they shall, at the cost of the party requiring the same cause to be made, a fair and correct copy thereof, or of so much thereof as shall be required by either of the parties:Proviso. Provided, that no witness shall be deemed guilty of contempt for disobeying any subpœna directed to him by virtue of this act, unless his fees for going to, returning from, and one day’s attendance at the place of examination, shall be paid or tendered to him at the time of the service of the subpœna.
Approved, January 24, 1827.