The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1854-04-19

SEC. 1. Be it enacted by the General
Assembly of the State Of Ohio, That any
party to any civil action, cause or matter.
pending before any court, or before any
mayor or any other Judicial officer ola city,
or town corporate, or before auy arbilrators,
or referees of any other State, district, or
territory of the United States, may obtain
the testimc ny of any witness residing in this
STATE; to be used in such oiher State, district,
or territory.
SEC. 2. Any officer or commissioner, au-
thorized bv any other State, district, or ter
ritOry Of the United States. to take deposit
tons in this State. shall have power at the
instance of the party wishing to obtain the
deposition Of any witness, to cause such wit
ness, if he reside in the county where his
deposition is to be taken, by process of sum
mons, to appear before him, on reasonable
notice, at certain time and place, therein
specified.
| SIC. s. The officer or commissioner, be-
fore whom such witness shall appear, shall
take down his testimony in writing, and
shall certify and transmit the same TO the
court or tribunal, before which such civil ac-
tion, cause, or matter is pending, in such
manner as The practice Of the court or tribu-
nal may require.
Sec. 4. Ii any person snail refuse or ne
gect to attend at the time and place men
| toned in the summons. issued in accordance
with this act, not having reasonable ex.
cuse for such refusal or neglect, or if on his
attendance, he shall refuse to testify, or an
swer any question, not being protected by
law from teSti ying thereto, the officer, or
commissioner issuing such summons is here
b. authorized and empowered to compel
such person, by attachment, to appear and
answer, under such penalties as would be
incurred, ter like ofense, on the trial of II
civil action before justice of the peace, in
this State: ProOided, that before any person,
summoned as aforesaid, shall be compelled
to testify, he shall be paid, if he demand
them, his lawful fees for attendance.
SEC. s, Any person who shall appear
and testify, in manner aforesaid, shall be en-.
titled to receive, from the party at whose in
stance be shall have been summoned, sew
enty-fve cents for each day he shall give
his attendance, and five cents per mile from
his place of residence, to and from the place
of taking such deposition; and if any person,
summoned as aforesaid, shall appear, and
not be called on to testify, he shall receive,
for his attendance, the same compensation
as he would be entitled to, by this act, for
each days attendance.
SEC. 6. That if any person, on his oath
or affirmation, duly administered by any Of
fcer or commissioner authorized to take dep
ositions by virtue Of this act, shall wiIlfulIy
and corruptly depose, affirm, or declare any
matter to be fact, knowing the same to be
false, or shall, in like manner, deny any
matter to be fact knowing the same to be
true, every person SO offending shall be
deemed guilty of perjury, and upon convic-
ton thereof, shall be imprisoned in the Pen.
itentiary CT Ohio, and kept at hard labor,
not more than ten, nor less than three
years.
Sec. 7. That if any person shall per-
suade, procure, or suborn any other person
to commit wilful AMI corrupt perjury, in
manner aforesaid, every person SO offending
shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be imprs-
ored in TIE Penitentiary of Ohio, and kept
at hard labor, not more than ten, nor less
than three years.
Sec. 8. This act shall take effect and be
in force from and after its passage.
L. G. LEBLOND,
Speaker of the House of Representatives.
JAMES MYERS,
President Of the Senate.
March 25, 1854.