The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-05-13
toFFICIAL-l
LAWS OF THE UNITED STATES
Passed at the Third Session crtae Fortieth
Congress


FPublic-No. a.
An Act to provide for the execution in the Dis
trict Of Columbia of commissions i-uei kv the
courts Of the States and Territories Of the United
States or of foreign nations, AID for taking de-
positions t. be used it, such courts.
Be il enacted by the nate and House Of Rep
resentatives Of the United states If America in
Congress a,sf mhled, That any party to snv suit
depending in any court of any State Territory
Of the United states of any reign ion.
may obtain the testimony Of any witnes. residing
in, temporarily within the district of C..lum-
bis, to be used in such suit. When a commission
to take such testimony hall have issued from
the court in which such suit is pending or a
notice shall have been siven according to the
rules Of practice prevailing in such court, on
producing the same to Justice of the supreme
court of the District Of Columbia aud on due
proof being made 10 such officer that the tssti-
mony If any witness residing in the District, or
temporarily within it, is material TO the party de-
string the same, such officer shall issue a summons
to such witness, requiring him to appear before
the commissioners named in such commission or
notice 10 such suit. Such summons shall specify
the time and place at which such witness is re-
quirsd 10 attend, which shall be within the Dis
trct Of Columbia.
SEC. ,. And be it further enacted, That il .
suit be pending in snv court Of any State ~ Ter
ritory of the United States. or Of any foreign na
tion, ard il shall satisfactOr ly appear by affidavit
to any officer named in the next preceding
tiOn, CT TO the judge II the orphans court, or
any commissioner for the taking Of dispositions
appointed by he supreme court of the district
First. tn at any person residing OF temporarily
dwelling III the District of Columbia is a material
witness for either party to such suit;
Secondly. That ~ commission notice TO take
the testimony Of such witness has been issued or
given and =
Thirdly. That according to the course and prac
tice 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
ceivet on the trial or hearing Of such suit;
such officer shall issue his summons requiring
such witness to appear before him at place
within the District at some reasonable time 10
testify in such suit
SEC 3. And be it further enacted, That the Of
fcer before whom snch witness shall appear shall
take down his testimony in writing, and shall GER
fifty and transmit the to the court before
which suit is pending in such manner the prsc
tIce Of the court may require II any person
shall refuse or neglect TO appear at the time and
place mentioned in the summons issued in ss
cordanCe with this act. or if, on his appearance,
he shall refuse TO testify, he shall be liable TO the
game penalties would be incurred for like
offence the trial If suit.
SIC. 4. And lie il further enacted, That every
witness appearing and testifying under this act
shall be entitled 10 receive from the party at
whose instance lie has been summoned the fees
now provided by law for each day he shall give
attendance.
Approved. March 5, 1859.