on his refusal to obey a subpoena where his traveling expenses and witness fee for one day were not tendered at the time of the service of the subpoena, even though not demanded.20 § 1750. Taking testimony of witnesses for use in foreign coun try. The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters: Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. R. S. § 4071, U. S. Comp. Stat. 1901, p. 2763. § 1751. — privilege of witness in such cases. No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State 20 In re Boeshore, 125 Fed. 652. or Territory within which such examination is had, or any other, or any foreign state. R. S. § 4072, U. S. Comp. Stat. 1901, p. 2764. § 1752. penalty for refusal or neglect to testify. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States. R. S. § 4073, U. S. Comp. Stat. 1901, p. 2764. Provision for compelling the testimony of witnesses in such a case are contained in R. S. § 875.2 § 1753. fees and mileage of witnesses testifying. Every witness who shall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. R. S. § 4074, U. S. Comp. Stat. 1901, p. 2764. § 1754. Bankruptcy-attendance of witnesses outside the State. No person [i. e. in bankruptcy cases] shall be required to attend as a witness before a referee at a place outside of the State of his residence, and more than 100 miles from such place of residence, and only in case his lawful mileage and fee for one day's attendance shall be first paid or tendered to him. Part of div. 4, § 41, act July 1, 1898, c. 541, 30 Stat. 556, U. S. Comp. Stat. 1901, p. 3437. The above provision limits rather than enlarges the previous section of this Code. Its meaning is that if a person lives at a greater distance than one hundred miles from the place of hearing before the referee, or outside of the State, he cannot be summoned as a witness.7 1 Ante, § 1750. 2 Post, § 1774. 7In re Cole, 133 Fed. 414; In re Hemstreet, 117 Fed. 568. In re Cole, 133 Fed. 414. 1418 § 1755. Punishment of recalcitrant witnesses. The Federal courts are empowered to punish contempts committed in their presence, and disobedience of their orders, etc., by witnesses. Under this power they may deal with witnesses improperly refusing to testify or produce evidence. In addition there are particular provisions for dealing with witnesses refusing to give evidence on deposition or letters rogatory." Author's section. 8 Ante, § 807. Post, §§ 1768, 1772, 1774. § 1763. § 1764. Order for production of books and writings in actions at law. § 1765. § 1766. Deposition by dedimus potestatem and in perpetuam. § 1767. § 1768. Taking deposition under dedimus-compelling testimony. § 1772. ---manner of taking and transmitting deposition-penalty for refusal to testify. § 1773. fee of witnesses. § 1774. Letters rogatory from and to foreign countries. § 1775. § 1776. § 1777. § 1778. § 1779. § 1780. § 1782. § 1783. Notaries may take depositions, etc., for use in Federal courts. Depositions may be taken according to State law. Copies of department records and papers as evidence. Copies of records in office of Solicitor of Treasury. Copies of papers, etc., in office of Indian Commissioner. Comptroller of Currency's instruments, etc., and copies of records.. § 1781. Organization certificates of national banks as evidence. Transcripts from books, etc., of Treasury as evidence. how transcript should be certified. § 1784. § 1785. § 1786. § 1787. § 1788. § 1789. § 1790. § 1791. transcripts in indictments for embezzling public moneys. Copies of returns in returns office of Interior Department. Copies of postoffice records as evidence against postmasters, etc. What shall be sufficient evidence of demand on postmaster. Copies and exemplification of General Land Office records. -duty of Commissioner of General Land Office regarding same. exemplification by him as evidence. Registers and receivers transcripts of Land Office records as evidence. § 1792. Original papers in Land Office as evidence. 1793. Copies of General Land Office papers made by recorder, as evi. § 1797. § 1796. -printed copies of specifications and drawings of patents. § 1798. § 1799. § 1800. § 1801. § 1802. § 1803. § 1804. § 1805. § 1806. Copies of records, etc., in offices of United States consuls, etc. Copies of judicial records-lost records and restoration thereof. other State and Territorial records. -secondary proof of State court records where certified copies refused. Copies of foreign records, etc.-land titles. § 1807. Judicial notice of seal of Secretary of Commerce and Labor. Evidence of United States statutes. § 1808. § 1813. Certified copies of bankruptcy referees proceedings and papers as evidence. § 1814. Commerce commission's reports as evidence. The chapters dealing specifically with equity admiralty and common law procedure, contain discussion of the principles governing mode of proof in such causes in the Federal courts.1 Author's section. § 1760. Rules of evidence in criminal cases. The laws of evidence in criminal cases in the Federal courts are those that existed in the States when the judiciary act was adopted in 1789, as modified by subsequent acts of Congress. Author's section. This has been repeatedly affirmed by the courts.3 The provision of the 1 Ante, §§ 1036, 1281, 917. 3United States v. Reid, 12 How. 363, 13 L. ed 1023; Logan v. United States, 144 U. S. 301, 36 L. ed. 442, 12 Sup. Ct. Rep. 629; United States v. Shepard, 1 Abb. (U. S.) 431, Fed. Cas. No. 16,273; United States v. Brown, 1 Sawy. 531, Fed. Cas. No. 14,671; United States v. Baugh, 1 Fed. 788, 4 Hughes 501; Erwin v. United States, 37 Fed. 488, 2 L.R.A. 229; United States v. Coppersmith, 4 Fed. 205, 2 Flip. 546. |