Page:United States Statutes at Large Volume 31.djvu/484

432 FIFTY-sixTH CONGRESS. sm. 1. oa. rss. 1900. CHAPTER FIFTY-NINE. OF THE MEANS or THE PRODUCTION or EVIDENCE. Sec. Sec. 624. Subpcena for witness defined. 632. Disobedience to subpoena, how pun- 625. Subptena, how and by whom issued. ished. 626. Subppena, when and to whom issued 633. Forfeiture therefor. in lank. 634. When warrant may be issued to 627. Subpoena, how served. bring witness. 628. How served if witness concealed. 635. Warrant of arrest or commitment. 629. Proof of service. _ \ 636. If witness be a prisoner, how pro- 630. When witness obliged to attend. duced or exammed. 631. Person present compelled to testify. Djsggggggd M wit Sec. 624. The process by which the attendance of a witness is ` required is a subpoena. It is a writ directed to a person and requiring his attendance at a particular time and place, to testif as a witness in a particular action, suit, or proceeding therein specified, on behalf of a particular party therein mentioned. It may also require him to bring with him any books, documents, or other things under his control which he is bound by law to' produce in evidence. b}§$}{§,$,;‘§éS,§§({f aud Sec. 625. The subpoena is as fo lows: First. To require. attendance before a court of record, or at the trial of an issue therein, or out of such court in an action, suit, or proceeding pendingrtherein, by the clerk of such court; econd. o require attendance before a commissioner appointed to take testimony by a court of the United States, or any State or Territory, or any foreign country, by any clerk of a court of record, in places within the jurisdiction of such court; A Third. To require attendance before tl A judge, justice of the peace, or other person authorized by law to take the testimony or aiiidavit of another, by such judge, justice of the peace, or other person, in the places within their respective jurisdiction. t Sabpg¤£¤.igS{¤1<;1&¤¤;!<} Sec. 626. The subpoenas authorized by subdivisions first and second blind, of the last section, upon the request of a party and an attorney of the court, shall be issued by the clerk in blank, and delivered to such party or attorney, who may thereafter fill up such blank with the name of the witness or witnesses that he may desire to be subpoenaed, and cause the same to be served as in this chapter required. m§vi;g1><>¢¤¤. MW Sec. 627. A subpoena may be served by the Yparty or_any_other com- ' petent person over eighteen years of age. he service is made by reading and showing the original and delivering a copy to the witness personally, giving or offering to him at the same time the fees to which e is entitle for travel to and from the place designated, and one day’s attendance there. Such service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. ¤£s°g);§g§g,i‘ Wit Sec. 628. The marshal or any deputy or any person specially ` appointed by him, but none other, is authorized and required to break into any building or vessel in which a witness may be concealed, so as to prevent the service of a subpoena, and serve the same upon such witness. Pr<><>f<>f¤¤rvic€- Sec. 629. Proof of service of a subpoena shall be made in the same manner as in the service of a summons. When witness Sec. 630. A witness is not obliged to attend for oral examination or °bhg°d °° m°°d` otherwise at a place distant more than one hundred miles from the place where he resides or at which he may be served with a subpoena; except that in an action or proceeding pending in a court of record the court Gr judge thereof, upon the aflidavit of the party, or some one on his behalf, showing that the testimony of the witness is material