The Wilmingtonian, and Delaware advertiser., 1827-02-01
rp,..,,eNo 81
" iit NJ. -.

PrBLIc-No. ,.
AN ACT TO provide for taking evidences in the
Courts ofthc United States in certain cases.
Be il enacted bp he Senate ard House Of
Representatives ofthe UWed Stairs IF n
meriea in Congress aS$em6ted, That when
eycra commission shall he issued by any Court
Of the United States, for taking the testimony Of
witness or witnesses, at any place within the
United States; or the Territories thereof, il shall
hc lawful for the clerk ef any Court of the u
nitcd States, for the District or Territory within
which such place may be, at,l he is hereby en-
joined and required, upon the application of e.
ther Of the parties III The suit callse action, or
proceeding, in which sach commission shall have
been issued, his, her, or theiragcnt or agents, to
issue Subpoena or snbprnas, for such witness
Or witnesses, residing or being within the said
District or Territory, IS shall he named in the
said commission. commanding such witness or
witnesses to appear and testify before the Com
missioner or COMMISSIONERS, IN such commission
named, at time and place in shc subpoena to be
stated, and If any witness after being duly scrv-
ed with such subpoena, shall refuse or neglect TO
appear, or a!terappcaring sllall refuse to testi-
fy, (not being privileged from giving testimony
such refusal or neglect being proved TO the sat
isfiction of any Judge Of the court whose clerk
shall have issued such Subpoena Or svbpGnas, he
may thercupon proceed 10 enforce obedience to
the process, or to punish the disobcdcnce, in
like manner as any court OF the United States
may do in case Of disobedcnce to process Of
subpoena ndtcStfcandaam, issued by such court;
and the witness or Witnesses in such case, shall
he allowed the same compensation as is allowed
TO witnesses attending the courts Of the United
States; Provided, that no witness shall be rcqnir-
70 attend At any place out Of the county in which
H.. l..
his place ofrcsideucc, to give his or her tcposi-
tion, under this law.
SEC. 2. ind be Il .fu1ther cnGctc@, That
whenever either ofthe parties in such suit, c;uise,
action, OF preceding ahall apply 10 any Judge
Of court Of tile United states, III the District or
Territory of tho Tinted states, in which tile
place for taking such testimony may. be, for a
subpann dsceS hc4n, commanding the witness,
therein to he named, 10 appear and testify be-
fore the said commissioner or commissioners. AZ
The time and place in thc said srFntpn, To Sc stat
ed, and also 10 bring or carry W.th irn or her and
produce to such commissioner o. commissioners,
any paper, writing, or written instrument, or
book, or other documents supposed 10 lie in the
possession or power nf such witness, such
Judge being satisfied by the affidavit Of the per
son applying, otherwise, tliat there is reason to
believe that such paper, r,wltinr, r,wiittenin insnuncn
ofthe witness, and that the sane, if produced,
would be competent and material evidence for
the patty APPLYING therefor, may order The clerk
ofthc court Of which he is fudge, 10 issue such
SubpTn0 trees tecun, accordingly, aud, If such
witness, after being duly served with such sub
p"na ducts tcc,lm, 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
subpoena duccs tectn, before, and 10 such Com
missioner or commissioners, at the time and
place in such supuna stated such failure being
proved TO the satisfaction OF the sad Judge, he
may proceed to enforce obedience to the said
process OF subpUna dUccS feculn or to punish
the disobedicnce, in like manner as anv court Of
the United States may do in case Of tlisobe,ii-
ence to u like process; issued by such court; and
when any such paper, writing, written instr-
ment, book or other document, shal. be produc-
ed to such commissioner or commissioners, he
or they shall, at the cost of the party requiring
the same, cause to be made fair and correct CO.
py thereof, or Of so much thereofas shall be re-
qulrcd by either Of the parties: Provided that
no witness shall be deemed guilty Of contempt
for dlsobeyng any subpoena ,lirccted to him bv
virtue Of this act, unless his fees for going to,
returning from, and one days attendance at the
place of examination, shall he paid or ten
dcrc,l to him at the time OF the service Of the
subpoena.
JOHN w. TAYLOR,
Speaker of the House OF Representatives..
NATHA'L MACON,
President Of the Senate, pro ten.
Approved Jan. "a, 1897.