Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-04-28
March %, 1854.

No. % AN ACT
Authorizing depositons to be taken in the
State of Ohio, to be used in the courts of
other States.
Sec. l. Be it enacted by the General AS
sembly 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
oiherjudica officer of a city cr town corpo-
rate, or before any arbtra!ors, or referees Of
any other State, district or tel ritoyy of the
United States; may obtain the testimony of
any witness residing in this State, to be used
in such other State, district or territory
Sec. 2. Any officer or commissioner, au-
thorlzed by any other State, district or terri
tory OF the United States, to take depositions
IN this State, shall have power at the instance
of the party wishing to obtain the deposition
OF any witness, to cause such witness, if he re-
side IN the county where his deposition is to
be taken, by process OF summons to appear
before him, on reasonable notice, at a certain
tine and place, therein specified.
SEC. 3. The officer or commissioner, before
whom such witness shall appear, shall take
down his testimony in writing, and shall Ger
ufy and transmit the same to the court or tr-
bunal, before which such civil action, cause,
or matter is pending, in such manner as the
practice OF the court or tribunal may require.
SEC T. If any person shall refuse or neglect
to attend at the time and place mentioned in
the summons, issued in accordance with this
act not having a reasonable excuse for such
refusal or neglect, or it on his attendance he
shall refuse TO testify, or answer any question,
not being protected by law from testifying
thereto,th officer or commissioner issuing such
summons is hereby authorized and empower
ed to compel such person, by attachment to
appear and answer, under such penalties as
would be incurred, for a like offense, on the
trial of civil action before Justice of the
peace in this State: Provided, that before any
person, summoned as aforesaid, shall be COM
PEELED to testify, he shall be paid, if he demand
them, his lawful fees for attendance.
SEC. 5. ANY person who shall appear and
testify, in manner aforesaid, shall be entitled
to receive, from the party at whose instance
he shall have been summoned, seventy. five
cents for each day he shall give his attendance,
and five cents per mile from his place of resi-,
dence, TO and from the place of taking such
depostioni 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 ent-
lied to- By this act, for each days attendance.
SEC. 6. That if any person, on his oath or
affirmation, duly administered by any officer
commissioner authorized to take dispositions
by virtue Of this act shall wilfully and corrupt
ly 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 conviction thereof, shall be
imprisoned in the Penitentiary of Ohio, and
kept at hard labor, not more than ter, nor
less than three years.
SEC. 7. That if any person shall persuade,
procure. or suborn any other person to COM
NIT wful and corrupt perjury, in manner
aforesaid every person so offending shall be
deemed guilty of misdemeanor. and upon
conviction thereof shall be imprisoned in the
Penitenliary 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.
F. c. LIE BLOND,
Speaker OF the House of Reps.
JAMES MYERS.
President of the Senate.
March o5 1874