The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-05-15
TPUBL1o-No. 42 /

PUBLIC-NO. IL
An act to provide for the execution
in the District of Columbia of COM
missions issued by the courts Of the
States and Territories of the United
States or of foreign nations, and for
taking dispositions to be used in
such courts.
Be it enacted by the Senate and
House of Representatives of the
United States OF America In Congress
assembled, That any party to any suit
depending In any court OF any State
or Territory of the United States, or
of any foreign nation, may obtain the
testimony of any witness residing 10,
or temporarily within, the District Of
Columbia, to be used In such suit.
| When a commission to take such tes-
timony shall have issued from the
court in which such suit is pending,
or a notice shall have been given
according to the rules of practice pre-
vailing in such court, on producing
the same to Justice of the Supreme
Court of the District of Columbia,
and on due proof being made to such
officer that the testimony of any
witness residing in the District, or
temporarily within it, is material to
the party desiring the same, such off =
Ger shall issue summons to such
witness, requiring him to appear
before the commissioners named In
such commission or notice TO testify
to such suit Such summons shall
specify the time and place at which
such witness is required to attend,
which shall be within the District OF
Columbia.
SEC. 2. And be it further enacted,
That if suit be pending in any court
of any State or Territory of the Uni
ted States, or of any foreign nation,
and it shall satisfactorily appear by
affidavit to any officer named In
the next preceding section, or TO the
judge of the orphans court, or any
commissioner for the taking OF depo-
sitions appointed by the supreme court
Of the district
First. That any person residing or
temporarily dwelling IN the District
OF Columbia IS material witness for
either party to such suit; 50"
Secondly. That no commission or
notice to take the testimony of such
witness has been issued or given; and
Thirdly. That according to the
course and practice of the court In
which such suit is pending, the dcp0-
| sition of witness taken without the
| presenceaand consent of both parties
will be received on the trial or hear
ing of such suit; aT.s
| Such officer shall issue his summons
requiring such witness to appear be-
fore him at place within the District
at some reasonable time to testify in
such suit.
SEC. 3. Aud be it further enacted,
| That the officer before whom such
witness shall appear shall take down
his testimony In writing, and shall
certify and transmit ,he same to the
court before which such suits pending
in such manner as the practice of the
court may require. If any person
shall refuse or neglect to appear at
the time and place mentioned in the
summons issued in accordance with
this act, or if, on his appearance, he
shall refuse to testify, he shall be LA
bic to the same penalties as would be
incurred for like offence on the trial
of a suit.
SEC. 4. And be it further enacted,
That every witness appearing and tes-
tifying under this act shall be entitled
to receive from the party at whose in
stance he has been summoned, the
fees now provided by law for each
| day he shall give attendance.
| Approved, March 3, 1869.