, 1854-07-08

: suitable age and discretion except as here
matter provided, may be witness in any
action or proceeding.
See. 290. No person offered as a wit
ness shall be excluded from giving evidence
5 by reason Of his interest in the event of the
action but such interest may be shown to
r effect his credibility.
Sec, 29l. The last section shall not ap-
, ply to a party to the action, nor to any
| person for whose Immediate benefit it is
prosecuted or defended When any as
signOr Of u thing in action or contract is
examined as a witness on behalf of any per-
sou deriving title through or from him, the
adverse party may offer himself as witness
to the same matter in his own behalf, and he
shall be so received But such aSsignor
; shall not be admitted to be examined in
behalf Of any person deriving title through
or from him, against any executor or ad-
minstratOr.
Sec. 292 No person offered as a wit
ness shall he excluded from giving evidence,
by reason Of conviction for crime, but such
conviction may be shown to affect his cred
ibiity Provided, that no person who shall
have been convicted for the crime of PERU
jury shall be competent witness in any
case, unless such conviction shall have been
reversed or unless he shall have received a
pardon.
Sec. 29S. The following persons shall
not be competent to testify:
lst. Those who are Of unsound mind,
or intoxicated at the time Of their produc-
ton for examination.
I'd. Children under ten years Of age,
who appear incapable of receiving just i'm
pressions of the facts respecting which they
are examined, or of relating them truly.
Sd. Indians, or persons having more
than one half Indian blood, in an action or
proceeding to which white person is a
party.
Sec. 294. In order to encourage conf
dencc, and to preserve it invioOte, the fol-
lowing persons shall not be examined as
witnesses
lst. A husband shall not be examined
for or against his wife, nor q wife for or
against her husband nor can either, du-
ring marriage or afterwards, be, without
the consent of the other, examined as to-
any communication made by one to the 9th
er during marriage But this exception
shall not apply to a civil action or proceed
ing by one against the other nor to a.
criminal action or proceeding for crime
committed by one against the other.
I'd An attorney or counsellor shall not,
without the consent of his client, be exam
ined as TO any communication made by the
client to him or his advice given thereon in
the course Of professional employment.
Sd. A clergyman or priest shall not,
without the consent Of the person making
the confession, be examined as to any CON
fession made to him in his professional
character, in the course of discipline en-
Joined by the church TO which he be-
longs:
4th. A regular physician or surgeon
shall not, without the consent Of his patient,
be examined in civil action as to any in
formation acquired in attending such pa
tient, which was necessary to enable him to
prescribe or act for the patient.
MANNER OF COMPELLING THE ATTENDANCE OF
i WITNESSES
Sec. 295. No person shall be obliged
to attend as witness before any court Of
record, judge, justice of tue peace, commits
sioner, referee or other officer, in any civil
action out Of the county in which he resides,
unless his residence be within twenty miles of
such court, judge, justice of the peace com
missioner, referee or other officer. And no
person shall be compelled to attend as
witness in any civil action or proceeding,
unless the fees be paid or rendered to him,
which are allowed by law for one days at
tendance as witness, and for travelling to
and returning from the place where he is
required to attend, provided such fees be
demanded 10y him at the time of service of
the subpoena.
Sec. 296. The subpoena may require
not only the personal attendance of the
person to whom it is directed, at particu-
lar time and place to testify as a witness,
buI may also require him to bring with him
any books, documents, or things under bis
control but no public officer or person
having the possession or control Of public
records or papers, which by law are required
to be kept in any particular Office or place,
shall be compelled to produce the same in
any court.
Sec. 2s7. The subpoena shall be issued
as follows:
list. To require attendance before
court Of record, or at the trial Of an issue
therein, it shall be issued in the name of the
United States, and be under the seal of the
court before which the attendance is re-
quired, or in which the issue is pending
2. To require attendance out of such a
court, before a Judge, justice of the peace,
commissioner, referee or other officer au-
thorized to administer oaths, or to take
testimony in any matter under the laws of
this Territory, it shall be issued by such
Judge, justice Of the peace, commissioner,
referee or other officer before whom the at