The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-14

An ACT 10 provide for the execution In tho
District Of Columbia Of comnissions Issued
BY the courts Of the States and Territories
OF the United States or Of foreign nations,
and for taking dispositions 70 DO used In
BsH tsssssd BY he Senate and Hous. Of R.p-
rss~ntdfivss Of ~ United States Of Ansried IN
Congras dssenbisd, That any party 70 any
suit depending In any court Of any State or
Territory Of the United States, or OF any for
elgn nation, may obtain the testimony Of
any witness residing In, or temporarily
within, the District Of Columbia, 70 DO used
In such suit. When commission TO take
such testimony shall have Issued from the
coirt In which such suit Is pending, or
no.ice shall have been given according to
the rules Of practice prevailing In such
court, on producing the same to Justice Of
the supreme court Of the District Of Colum-
bla, and on due proof being made to such
Officer that the testimony Of any witness resl-
ding In the Di.trict, or temporarily within
Il, ID material to the party desiring the
came, such ofYioer shall Issue a summons to
such witness, requiring him to appear be-
fore the commissioners named In such COM
mission or notice to testify 10 such suit.
Such summons shall specify the time and
place at which such wltress IL required TO
atte-d, which shall be within tho district Of
Columbia.
See. Q. And % u further Enacted, That II a
suit DO pending In any court Of any State or
Territory Of the United States, or Of any
foreign nation, and Ii shall satisfactorily ap-
pear by affidavit to any officer named In the
NEXT preceding section, or to the Judge OF tho
orphans court, or any commissioner for the
taking Of dispositions appointed by the
supreme court OF the district
First. That any person residing or tenn
poraflly dwelling In the District Of Colum-
bla ID material witness for either party TO
such suit;
Secondly. That no commission or notice
TO take the testimony OF such witness has
boon Issued or givenj and
Thirdly. That according to the course and
practice Of the court In which such suit Is
pending, the deposition Of a witness taken
without the presence and consent OF both
parties will be received on the trial or hearing
OF such suit;
Such officer shall Issue his summons re-
curing such witness to appear before him at
place within the District at some reason
able time to testify In such suit.
Sec. 8. And BE- % further enacted, That the
officer before whom such witness shall ap-
pear shall take down his testimony In writ
Ing, and shall certify and transmit the same
to the court before which such suit Is pend
ing In such manner as the practice Of the
court may require. II any person shall re.
fuse Or neglect to appear at the time and
place mentioned In the summons Issued In
accordance with this act, or II, on his ap-
pearance, he shall refuse to testify, he shall
be liable to the same penalties as would be
incurred for like offence on the trial Of a
suit.
Sec. 4. And BE- u further enacted, That every
witness appearing and testlfying under this
act shall be entitled to receive from the party
at whose Instance he has been summoned the
fees now provided by law for each day he
shall give attendance.
Approved, March 8, 1869.