The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-16

AN ACT To provide for talsing evidence in the
GnnIIa OF llle L nlIel nInIhs In rnriain rnaes

Courts of the United states, in certain cnses.
BE 4 tnaniedbg the Senate md. House If ne
presel3Gtirts % the United States 81 .imtftea III
Congress assembled, That whenever II Comnis.
sion shall be ISSUED, by any Court oi tho lni-
ted States, FOL taking The testimony ofu witness
or Witnesses, Al any place within the United
States, on the Territories thereof, II slla,l be law.
inl ton the Clerk OF any Court Of ibe United
stetes, ir the District OF Territory within miiei,
such pace may be, and he IS lefohl, enjelnod
and required, upon the application OF either Of
The pau ties IN the SUIT, cause, action, on pro
eee1ing, Ia which such commission shall have
been issued, his, her, or their ngeri on agents.
II issle Il subpoena of s%ubpWnak, Tor such wit
ness or Witnesses, residing or being within the
sud Dist lct or Territory, as sllnll lie nalned In
the SAID commission, commanding such witness
OF Witnesses 10 appear aud testify before the
Gommlssl ner OF Commissioners, Ia such
commission named, NJ a time and place In the
subpoena 10 be stated, and ii any witness. utter
being duly served with such subpoena, shall re.
fuse OF neglect TO appear. OF. after appearing,
shali refuse 10 testify (not being privileged from
giving testimony such refusal OF neglect being
proved 10 the satisfaction of any Judge of the
Court whose Clerk shall have Issued such sub.
puna Oh subpunns, lac may i|herenpon proceed
10 enforce obedience 10 the process, or 10 PUNISH
the disobedience, m lice manner ms any Court
OF the United States may do IN case OF disohe-
fence 10 process of |Stbpdna al Hsiihcandlm, Is.
sued by such Court aud the witness or vii
nesaes, IN such eiaes, shall be allowed The same
com ensution us is allowed 10 witnesses attend
ing the Courts oil HE United States Provided,
that no witness shall be required To attend AZ
any plaee out Of the County ia which he may
reside, nor more Than lofty miles from ihs piaee
Of residence, 10 give his OF her deposition, IN
der this law.
Sc. 2. And be II further taaeted, That when
ever either oil The parties IN sneli sult, cause,
action, OF proceeding, shall apply 10 any judge
of Il curt of The lGited Stilts, Ia thf DIstfidt
OF Territory oithe United States, IN which The
plac1 Tor taking sncA testimony may bc, for a
siihpaHn dRees tGrltdl, comm ndIBg the witness,
therein 10 be tanned, 10 appear aud testify be.
fore The sald Commissioned ~ commissioners,
al the time anu place ~ tie snid subpuna 10 be
stated, and also 10 bring or cary With him OF
her, and prodaee 10 slien Commissioners 81 Com
nlissIOnefs, any paper, writing or written in
sirImelt, u bUok or other documents supposed
10 be III tht POSSESSION or power OF snch witness,
suoil Judge being satisfied. by The affidavit Of the
person applying, OF otherwise, fhni there Is ,ca-
son to believe tlai such papef, writing, written
instrument. book. OF Otlel document, Is in the
possession 81 oOHer Of he witness, aud that the
sumo, il produced, would be competent ard ma
teftii evidenee Tor the palty applying therefor,
my ordel the Glcrh o. the Coml. OF which be-
Is u Judge, 10 ISSUE such 8Rbp0ad daces iedltu,
accordingly, aud, if sucb witness, inter being du-
served win saeh ~snbp,ena duecs iecnin, shall
itil to produce any such paper, Writing. wtlilen
instrument, book. OF other document, being ia
the possession e power of such witness, aud
described IL such subpoena aures tect4,, before.
n 10 st,en commissioner 81 Gofpmislunefs, at The
tlnie B place in sueIi subpoena stated, sneh failure
being proved TO The satisfaction oil 1he said Judge.
he may pfpfeed TO enforce obedience 10 tic anid
process u subp0na daces teeam, orto punish tho
disobeatence, ia like manner as any tomt ofiht
United States lnay do IN ca,e ofdisobedicnce iDa
lhr process issued by such Court and - heu any
such psgsl, wiring, written instrument, book
On othei teenIHeht, shall he produced 10 such
Commissioner Dr Commissioners. fe or they
shall, at the cost Of the party requiring Tie same
cause To be made a iau aud correct cnps there
OF, OF of 50 much tbereolu shall be required by
either of the parties Provided thai no WHITES
shall be deemed guilty 81 contempt for dis6bey-
inc any sabpuoa directed To him by virtue Of
this act, unless his fees for going 70, returning
from, and one DAY Attendance nj the place oil
examination, sh Il he paid on rendered TO HIM at
the time otthc service ofthe Subpoena.
Approved 9th Jan. is27.