main until he shall submit to be sworn, testify, or give his deposition. The fine imposed by the court, and that imposed by the officer, shall be paid into the common school fund of the county. The witness shall also be liable to the party injured, for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition.
Witness discharged from imprisonment, when.Sect. 339. A witness so imprisoned by an officer before whom his deposition is being taken, may apply to a judge of the supreme court, district court, or county court, who shall have power to discharge him, if it appear that his imprisonment is illegal.
Attachment or order must be under seal of court or officer, &c.Sect. 340. Every attachment for the or order of commitment to prison of a witness, by a court or officer, pursuant to this chapter, must be under the seal of the court or officer, if he have an official seal, and must specify particularly the cause of the arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner, or any constable of the county where such witness resides or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailer.
Testimony of a person in prison.Sect. 341. A person confined in any prison in this territory may, by order of any court of record, be required to be produced for oral examination in the county where he is imprisoned; but in all other cases his examination must be by deposition.
In whose custody, while deposition is taken.Sect. 342. While a prisoner's deposition is being taken, he shall remain in the custody of the officer having him in charge, who shall afford reasonable facilities for the taking of the deposition.
Witness not liable to be sued, when.Sect. 343. A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning, or attending in obedience to a subpœna.
Witness may demand fees daily, in advance.Sect. 344. At the commencement of each day after the first day, a witness may demand his fees, for that day's attendance, in obedience to a subpœna, and if the same be not paid, he shall not be required to remain.
Witness to be sworn, how.Sect. 345. Before testifying, the witness shall be sworn to testify the truth, the whole truth, and nothing but the truth.
