, 1854-07-08

age, Dy exhibiting and reading it TO thu
witness, or by giving him a copy thereof
or by leaving such copy at the place of hi
abode. When service is made by any
other person other than an officer author
lzed to serve process, proof of service shal
be made by affidavit.
Sec. 299 A person present in court ol
before a Judicial officer, may be required tC
testify in the same manner us if he were il
attendance upon q subpoena issued by sucl
court or officer.
Sec. 300. If any person duly served
with subpoena, and obliged to attend as
witness, shall fail so to do, without any
reasonable excuse, he shall be liable TO the
aggrieved party for all damages Occasioned
by such failure, to be recovered in civil
action.
Sec. 30l. Such failure to attend, as re.
quired by the subpoena, shall also be con.
sidered contempt, and upon due proof,
the wiARess may be punished by fine not
exceeding fifty dollars, and stand commit
ted until said fine and costs are paid or
until discharged by due course of law.
Sec. 3O2. The court, judge, Justice Of
the peace or other officer, in such case,
may issue an attachment to bring such
witness before them to answer for contempt,
and also to testify as a witness in the cause
in which he was subppnaed.
Sec. 303. If the witness be prisoner
confined in a jail or prison within this Ter
rtory, an order for his examination iu
prison, upon deposition, or for his Temporal
ry removal and production before court
or officer, for tie purpose Of being orally
examined, may be issued.
Sec 3O4. Such order can only be made
upon affidavit, showing the nature of the
action or proceeding, the testimony expect
cd from the witness, and its materialty.
EXAMINATION OF PARTIES.
Sec 305. A party to an action or pro-
ceeding may be examined as a witness, at
the instance Of the adverse party, or of one
of several adverse parties, and for that
purpose may be compelled in the same
manner, and subject to the same rules of
examination as any other witness to testify
at the trial, or he may be examined on a
commission.
Sec 306. Instead of the examination
being had at the trial, as provided by the
last section, the plaintiff, at the time Of
filing his complaint or afterwards, and the
defendant, at the time of filing bis answer
or afterwards, may file in the clerks Office,
interrOgatOries for the discovery of facts
and documents material to the support or
defence of the action, to be answered on
oath by the adverse party.
Sec. 307 Such interrogatories snail lie
answered, and such answers filed in the
clerks Office within twenty days after the
same are served on the party interrogated,
unless for cause shown, further time be
allowed by the court or judge thereof
See. 3OS. A party to an action having
Gled interrogatories to he answered by the
adverse party, as prescribed by the last
two sections, shall not thereby be precluded
from examining such adverse party as q
witness at the trial.
Sec. 309 The testimony of o party,
either upon an examination at the trial, or
upon interrogatories Gled, may be rebutted
by adverse testimony.
Sec. 80, II q party refuse to attend
and testify at the trial, or 10 be examined
upon a commission, or to answer any in
terrOgatories fled, his complaint, answer,
or reply may be stricken out, and judg-
ment taken against him, and he may also,
in the discretion Of the court, be proceeded
against as in other cases for contempt !:
Provided, that the preceding sections shall
not be construed so as to compel any per-
son to answer any question, where such
answer may tend to criminate himself.
Sec. 3ll. A party examined by an ad-
verse party, as in this act provided, may
he examined on his own behalf in respect
to any matter pertinent to the issue. But
if he testify to any new matter not respon-
sive to the inquiries put to him by the adj
verse party, or necessary to explain or
qualify his answer thereto, or to discharge,
when his answer would charge himself,
such adverse party may offer himself as q
witness on his own behalf, in respect to
such new matter, and shall be received.
Sec. 3l2. A person for whose immedi-
ate benefit the action is prosecuted or de-
Tended, though not party to the action,
may be examined as q witness in the same
manner, and subject to the same rules Of
examination, as if he were named as a
party.
OF DPosIrIoNs.
Sec. 3l3. The testimony Of q witness
in this Territory may be taken by deposi-
ton, to be read in evidence in any action,
suit, or proceeding commenced and pend
ing in any court in this Territory, in the
following cases:
l. When the witness resides out Of the
county, and more than twenty miles from
the place of trinl
2. When tine witness is about to leave
the county, and 60 more than twenty miles
from the place Of trial, and there is proba-
bility that he will continue absent when
the testimony il renuired