Page:United States Statutes at Large Volume 47 Part 1.djvu/1135

72d C ONGRESS . SESS . II. CH. 127 . FEBRUARY 27, 1933 . may show that the alteration was made by another, without his con- cur rence, or was ma de with the cons ent of the parti es affected by i t, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument . If he do that, he may give the writing in evidence, but not otherwise . MEANS OF PRODUCTION Means of production SEC . 1155 . SIBPCENA FOR WITNESS Dr.r LNED .-The pr oc ess by which Subpoena . the attendance of a witness is required is a subpoena. Itisawrit or order directed to a person and requiring his attendance at a particular time and place-to testify as a witness . It may also require aubpcena duces te . him to b ring wit h him an y books, documen ts, or ot her thin gs under cum . his cont rol whic h he is bound by law to produce i n eviden ce . SEC. 1156. SUBPENA, HOW IssuED .-A subpoena is issued as follows : Purpose. 1 . To require attendance before a court, or at the trial of an For attenda nce be- issue therein, or upon the taking of a deposition in an action or fore a court . proceeding pendi ng therein, it i s issued by the clerk of the cour t in which the action or proceeding is pending, under the seal of the court, or if there is no clerk or seal then by the judge or magistrate of such court ; 2. To require attendance before a commissioner appointed to take Befo re commissioner . testimony by a court of a foreign country, or of the United States, or of any State in the United States, before any officer or officers empowered by the laws of the United States to take testimony, it may be issued by the clerk of the district court in the division in which the witness is to be examined, under the seal of such court ; 3. To require attendance out of court, in cases not provided for Before judge, eetc ., in subdivision one, before a judge, magistrate, or other officer au- Out of co urt thorized to administer oaths or take testimony in any matter under the laws of the Canal Zone, it is i ssued by the judge, magistrate, or other officer before whom the attendance is re quired . If the subpoena is issued to require attendance before a court, or issueoL at the trial of an issue therein, it is issued by the clerk, as of course, upon the application of the party desiring it . If it is issued to require attendance before a commissioner or other officer upon the taking of a deposition, it must be issued by the clerk of the district court in the d ivision wherein the atte ndance i s requir ed upon the order of such court or of the judge thereof, which order may be made ex parte . SEC. 1157. SuBPCENA, now sERvED.-The service of a subpoena is service. made by showing the original and delivering a copy, or a ticket con- taining its substance, to the witness personally, giving or offering to him at the same time, if demanded by him, the fees to which he is entitl ed for travel t o the place desi gnated, and one d ay's attend- ance there . The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attend ance. Such service may be made by any person . SEC. 1158 . How, IF WITNES S BE CONCEALED.-If a witness is con- cea l when Witness con- cealed in a building or vessel, so as to prevent the service of a subp oena upo n him, a ny court , judge, or magis trate or any off icer issuing t he subpoena may , upon proof by affidavit of the concealment, and of the materiality of the witness, make an order t hat the marshal or constable serve the subpoena ; and the marshal or constable must serve it accordingly, and for that purpose may break into the build- ing or vessel where the witness is concealed . SEC . 1159 . PE RSON PRESE NT CO MPEL LED TO TES TIFY .-A person p res- Persons present com- ent in court, or before a judicial officer, may be required to testify palled to testify .