American watchman and Delaware advertiser., 1827-02-02
BY AUTHORITY.
Volume vi.

No. AN ACT TO provide Tor taxing eVioShCe 40
Courts Of the United States IN certain cases.
Be it enacted bg the Senate and House Of Repre-.
spntntiues ofthe United States Of .amsrsca IN Con
greSs assembled, That whenever Commission shala
be issued by any Court Of the United States Tor ta-
king the testimony OF witness or Witnesses at any
place within the United States or The Territories
The, rof it shall be law 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
enoned and required, upon the application OF either
Of the parties the suit, cause. action or proceed.
ing. in which such commission shall hove been is
sued. his, her, their agent or agents, to issue
subpoena or subj oeuas Tor such witness or witnesses
residing or being within the said District or Terri
tory, as shall be named IN the Said commission ccm
mauding such witness or Witnesses to appear and
testify before the Commits ssioner or Commissioners
in such commls sion named at time and place In
the subpnna to be stated. and it any Witness etsr
being duly served with such sublGns. shall refuse
Tor neglect appear, or, alter appearing, shali re-
iuse 10 testify, (no, being privileged from giving
testimony, such refusal OF neglect being proved TO
the satisfaction of any Judge OF the Court, whose
Clerk shall have issued such subpoena or sub
poenas, he may thereupon proceed to enforce obe-
diencc the process, or to punish The disooedsence
Iin like manner as any Court of the United States
NAV do in case ol disebedience to process OF
lsubpnna ad testificandum, issued by such Courts
and the witness Witnesses, in suca cases. sha DC
allowed the compensation as IS allowed 10 VII
nesses attending the Court; ot Inc Onltso o'a'es
Provided, that witness shall De required 70 auend
at any place OUT Of the County in witch ne may re.
side nor more than fo.ly miles from his place OF
residence, 10 give his or hsr deposition under this
law.
! Sec. y. Ind be it father enacted, That wheney~
sr either o. the parties 10 such suit Gauss action, OK
proceeding, shall apply 10 any Judge ot Court Q.
the United States, III he District or Territory OF
the United rates 10 whicn the place Tor tsAng such
essimony may be, for sa5PRna dacss tecAH', com
manding The witness, therein TO De named, 10 aPr
pear and testify before The aaid Commissioner or
Commission ers, at the time end place 10 the sai0
subpoena to be stated, and also Ic ors0g or carry
with him or her, and produce TO such Commission
sr or Commissioners, any paper, writr3 or WRITTEN
instrument or book, or other documsAts suppossU
to be 10 the possession or power OF sucn WHnsss'
such Judge being satisfied. by the affidavit OF the
prr,on APPLYING or otherwise, that there IS Fsae
son to believe hat such papsr, wriIng ~Fiuen IN
strument, book, other docu mec IS III thr posses
sion or power of the witness, ard that the same y
produced, would be competent aud material ssl-
dence for the party applying therefor may oideA
he Clerk of the Court, OF which he IS Judse 20
issue such subpnna duces tecalm accordingly ands
il such witness after being duly served with such
subporra duces ecum shall tail 10 produce any
such paper writing, written instrument, book OF
other document, being in The possession or power
of such witness, and desc ibsd in such subpoena tu
ces gcn before, and to such Com missioner or Com
missoners. at the time and place IN such subj ona
stated such failure being proved TO the satisacsoii
of the said Judge. he may proceed TO ENFORCE ooedi
ence 10 the said process OF subpoena auces techn or
10 punish the dsobedence, in like manner as any
Court of the United States may do IL case OF diso
bedience 10 like process issued by such Court; and
when any such paper writing, written instrument.
book or Other document, shall be produced 10 such
Commissioner or Commissioners he or they shall at
The cost ofthe party requiring the same, cause 10 %
made fair and correct copy thereof, or OF so much
thereof as shall be required by either OF the parties
Provided that no witness shall be deemed guilty OF
contempt for dissobsyng any subpoena directed 70
him By virtue oil This act. unless his fees tor going
10, returning fion, and days attendance at the
place Of examination, shall be paid or tendefed 10
: him at The time q the service Of ths subpoena.
JOHN w TAYLOR,
Sneaker of the House of Representatives
NATliI.. MACON,
President OF the Senate pro tempore.
Approved Oath Jan. 1897.
: JOHN QUINCY ADAMS.