The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-09
A BILL
BY Mr.. Woods, Of Kaufman, to be Entitled
"An Act Regulating the Manner OF TAX.
ing the Testimony of Witnesses in Civil

Dy caption ana referred to Judininrv
committee No. |.
January "A, lSS5.-Reported fayorablv
with amendments and $50 copies ordered
printed. 0''
Sec /. Be it enacted by the legisl
ture OF the State of Texas: That a party
to any civil suit pending in the district
or Inferior courts, desiring the testi-
mony of any witness, may by himself
his agent or attorney, file with the clerk
or justice of the peace of the court
wherein such sait is pending, a written
notice directed to the opposite party or
his attorney of record, wherein shall
be stated the style of the case. the
uoeket numner, the court wherein the
same is pending, the name of the wit
ness, MS residence, and the time and
place when and where, the testi.
mony OF such witness is to be
taken; whereupon, it shall be the duty
OF SAID clerk or Justice to fortbwitII
make certified copy thereof, which he
shall deliver to the sheriff or constable,
VINO snail serve the same by deliyerin9
TO the opposite party or his attorney. q
copy thereof, and shall indorse on SAID
certlileu copy, the manner and time of
SUCH service, and return the same 10 the
clerk or lnstice, who shall file it with
the papers in the case.
Sec. 2. That the party piv-
ing the notice as prescriRod
in the preceding section, NAV at anv
time after such notice has been served
apply TO the clerk or justice of the
peace, for the issuance of subpmna. di.
rectlDg the witness named in said M
tice 10 appear at the time and nlaca
specified in said notice, then and there
TO testify at the instance of the plaintitf
or defendant, as the case NAV be. nro.
Yided, no person shall be required tn
appear as witness at any place beyond
the limits OF the Justices precinct in
which, he resides; and provided further.
that should such witness reside i'm soma
other county than that in which the snit
is pending. the clerk or justice of the
peace snail issue commission, directed
TO any person authorized by law to
( lake deposltions, residing in the cour-
W OF the residence Of such wit
ness, directing him 10 take the testi-
mony OF such witness, at the time and
place mentioned in such notice: whera-
upon, any officer authorized by law IN
take deDositirns, who shall receive said
commission, shall issue subpoena. re-.
quiring such witness to appear at ths
time and place stated in such commis-
sion, Wnlch subpoena shall be served
upon the witness by the sheriff or CON
stable, by reading the same to the wit
ness, and shall be returned to the officer
issuing the same, with the return in
dorsed thereon, showing how it has
been served.
Sec. 3. That at the time and place
stated In said notice; provided, five DAYS
nave elapsed after service thereof, the
parties or either of them, their agents or
attorneys, may appear and examine said
witness before any clerk of court of
record, notary pnblic or justice of the
peace, residing in the county; the party
at whose instance the testimony of the
witness is taken, having the right to OK
anime and re-examine, ana the opposite
party TO cross-eXamine the witness.
Sec. a. The answers of the witness
shall be reduced to writing, and when
any question asked the witness, or any
part OF the testimony is objected to, il
shall be the duty of the officer before
whom the testimoney is being taken to
make his ruling upon such objection.
and II either party should be dissatisfied
with his ruling thereon, he shall lave
the isght to require the question written
down in full, with the statement of
his objection and the ruling of the
officer; provided, that the failure
TO make objection ito any of the
ing such examination shall not
deprive party from making any obiec.
ton to the whole or any part of the tes-
tlmony on the trial of the case, in which
the testimony is offered to be used,
Sec. b. After the testimony of a wit
ness shall have been reduced TO writing.
the questions asked him by the parties
being omitted, except as is provided in
the preceding section, the same shall be
read by the witness or within his hear
ing, that he may make any correction
Of errors therein; and he shall then sign
| and swear to the same before said Off.
| Ger, who shall aflix thereto his iurat, and
If clerk, or notary, his official seal,
and the said officer shall then en-
| close the same in an ENVELOPE, directed
to the clerk or justice OF the court
wherein the suit is pending, and return
the same in the same manner as is pro-
vided by law tor the returning of depos-
/ itions; and the same may be opened at
the request of either party by the
Il officer To whom the same is directed.
Soc. u. That no witness can be COM
PEELED To appear in obedience to sub
Il pwna issued under the provisions of
this act, until the party at whose in
stance said subpoena Is issued, shall
pay to him 81 and and also 3 cents
per mile each way for the dis
lance from the place of his resi-
dence TO the place where he is directed
by said subpoena to appear. That when
such payment has been made TO wit
ness aud he should tail or refuse to obey
said subpoena, the party, his agent or at
t0rney, at whose instance the subpoena
Il was issued, shall have the right to have
Tue examination of such witness post
poned by giving written notice TO the
i opposite party as to time TO which II is
n postponed; and AZ the request of the
a party desiring the testimony of the wit
:. ness, the officer before whom the ex-
d animation was to have been made, shall
issue instanter an attachment for
" said witness, 10 be executed and re-
= urned TO the time to which such post
N ponement is made.
n Sec.7. II at the time of the examina-
i tlon of any witness either party desire
n mat the witness should be in attend
ahce al the trial of the cause, he shall so
q state TO the officer before whom such
d witness is examined, who shall then
II ana there verbally summon said wit
lN's w dbttlu tub court DelOTe WHICH
ii sueh cause is pending; provided, the
( same Is within the county OF the resi-
n uence of the witness, and shall make
n written statement at the foot of the tes-
umony of such witness, that he has 81
d summoned him, and at whose
drequest; provide, however, that the at
y tendance OF such witness at
we trial shall be wholly at the expense
vi tue party at whose instance he is
! summoned.
Sec. &. The fees of the officer taking
sne testimony of witnesses under the
provisions OF this act, shall not be more
Il o man 10 cents per hundred words, and
II . cents for his certificate, TO be ad-
j vanced by the party at whose instance
sne testimony is taken, receipt for
which shall be endorsed on the writ
leu e, testimony; and the officer TAX
ing such testimony shall have
tne right to retain posses
SION OF the same until his fees shall be
pau, together with the fees of the con-
aa.a 81. u.