SEC. 32. Whenever it shall appear to the satisfaction of the justice by proof made before him, that any person duly subpoenaed to appear before him in a suit, shall have failed without a just cause to attend as a witness in confor mity to such subpoena, and the party in whose behalf such subpoena was issued, or his agent, shall make oath that the testimony of such witness is material, the justice shall have power to issue an attachment to compel the attendance of such witness:

Provided however, That no

attachment shall issue against a witness, unless his mileage, and one day's attendance has been tendered or paid in advance.

Provided further, That the witness had demanded the same.

SEC. 33. Every such attachment shall be executed in the same manner as a warrant, and the fees of the officer for issuing and serving the same shall be paid by the person against whom the same was issued, unless he show reasonable cause to the satisfaction of the justice for his omission. to attend, in which case the party requiring such attachment shall pay all costs of such attachment.

SEC. 34. When a person arrested is brought before the justice or when a person in attendance refuses to testify as a witness and no valid excuse be shown the justice may impose a fine on him not exceeding twenty-five dollars. An entry of such fine stating the reason therefor must be made by the justice in his docket, and thereupon shall have the effect of a judgment in favor of the territory of Wyoming against the delinquent, and may be enforced against his person by imprisonment, or against his property. Money collected as fines shall be paid into the county treasury for the support of common schools in said county.

Attachment, when to issue.

How exerted

Proceedings where witnesses re use to testify.

- Witness liable › damages.

SEC. 35. Every person subpoenaed as aforesaid and neglecting to appear shall also be liable to the party in whose Proviso behalf he may have been subpoenaed for damages, which such party may have sustained by his ron-appearance.

Provided, That said witness had one day's attendance

and his mileage tendered or paid in advance, if demanded by him.

Depositions,

bow taken.

TITLE VI.

Depositions.

SEC. 36. Either party in any civil suit pending before a justice may cause the deposition of a witness who resides more than thirty miles from the place of trial to be taken any where in the territory as follows:

First, The moving party shall give notice to the other in writing of the time, place and person, where, when and before whom the said party will appear in order to take the deposition of witnesses, naming such witness or witnesses, which time, shall allow one day for every twenty miles of travel by the usual traveled route from the place where the trial is to be had, to the place where the deposition is to be taken, and if Sunday intervene it shall be excluded in the calculation of days. Such deposition may be taken upon written or oral interogations as the parties, or either of them, may elect, but if written, the party propounding the same shall be confined thereto.

Second, The party named in such notice to take such evidence, or any party who shall be substituted by mutual consent in case of absence of the party named, or other disability, is hereby authorized to administer an oath to witness and issue subpoenas with like powers of justices of the peace and enforce witnesses attendance before him.

Third, It shall be the duty of the person before whom such deposition is taken, to reduce to writing the evidence given by the witness, together with such interrogatories (if oral) as shall be necessary to render the answers of the witness intelligible; but if interrogatories are in writing, they must be attached to the depositions and returned therewith.

Fourth. When the evidence shall be concluded, it shall be carefully read over to the witness, who shall subscribe the same, and said person so taking such deposition shall attach

a certificate to the effect that the witness appeared before him, was sworn according to law, and signed the evidence as reduced to writing, with a further statement what party or parties appeared, and for whom.

Fifth. The person so taking the depositions of witnesses shall attach to such deposition all exhibits with reference thereto as exhibit "A" and "B," and so on, and also attach the notice to his return under which such evidence was taken.

Sixth. All being completed, the papers or depositions shall be securely sealed and mailed to the justice before whom the cause is pending or may be forwarded in any way that the parties may in writing stipulate.

Seventh. Substantial compliance with the foregoing regulations shall only be required by the justice, where the parties appeared in person or by agent, before the party taking the depositions; but where only the moving party appeared, a full compliance with this law shall be necessary to entitle such deposition to be read.

SEC. 36. The evidence of witnesses who cannot attend before a justice on account of age, sickness, or any bodily infirmity, may be taken in the manner above prescribed, whenever the witness may reside [if] in the territory, and also the deposition of a witness about to leave and being unable to be present at the trial may be taken under the provisions of this act. Provided, That the deposition of no person shall be read if such person shall be present in court at the time of trial, or can be easily subpoenaed so as not to delay proceedings before the court.

TITLE VII.

Commissions.

SEC. 37. After an issue of fact shall be joined before a justice, it shall be competent for him upon the application of either party, to issue a commission to take the evidence of a witness or witnesses residing out of the territory, after the

Evidence in case of sickness. Proviso.

Commission to take testimony

Issuance and execution of commission, same as in district court.

Proviso.

Proviso.

Proviso.

fact of such residence shall be satisfactorily proven to him by oath or otherwise.

SEC. 38. The manner of issuing such commission and the execution and return thereof, shall substantially conform to the law and rules governing the issuance of commissions in the district court, and the pending cause shall be continued from time to time, as shall in the opinion of the justice be necessary in order to have such commissions executed, any law relating to continuance to the contrary notwithstanding. Provided, The party asking such commission shall swear that he cannot safely proceed to trial without the evidence. sought by such commission. Provided further, Said party shall state what he expects to prove by such witness or witnesses, and if the opposite party shall stipulate in writing that if such witness were present he would so swear, (without admitting the fact), then no commission shall issue, nor continuance be granted, and the evidence shall be liable to any and all objection that could be taken to the witness if he were present. Provided further, That the justice shall be satisfied that the party applying for such commission has used due dilligence in obtaining the testimony of such witness or witnesses.

TITLE VIII.

Justice to try

demanded.

Trial.

Src. 39. At the time appointed for trial, if no jury

nction, if no j ry shall have been demanded by either party, the justice shall proceed to try the action, shall hear the proofs, and determine the cause according to law.

Agreement to enter without process.

Failure to ap

pear.

SEC. 40. When the parties agree to enter, without process, before a justice, any action of which such justice has cognizance, such justice shall enter the same on his docket, and proceed to trial, judgment and execution, in all respects in the same manner as if the summons had been issued, served and returned.

SEC. 41. If either party shall fail to appear within one hour after the time specified for the return of the process, or

after the hour of adjournment, the justice shall dismiss the suit, or proceed to hear the proof of the party present, and render judgment thereon accordingly, as the case may require.

Demanding a aid in advance.

jury. Fees to be

SEC. 42. In every action to be brought by virtue of this act, it shall be lawful for either of the parties to the suit, or for the attorney of either of them, after issue be joined, before the court shall proceed to inquire into the merits of the cause, to demand of said court that the said action be tried by a jury of six persons, on first paying to the justice the jury fees in advance, which shall be taxed against the party losing, and upon such demand the justice shall direct the sheriff or any constable of the county, who may be present, or if no officer be present, the justice may appoint a suitable person to perform the duties required by this section, to whom he shall administer the following oath or affirmation: "You do solemnly swear (or affirm, as the case may be) that you will perform the duties required of you according to the best of your abilities, without partiality to either party." And if in the opinion of the justice, the jurors above required, cannot appear forthwith, for the trial of the cause, the justice shall adjourn the cause for such reasonable time as he may think proper, to enable the officer to summon the said jurors, and for them to appear, which time shall be specified in the venire. The officer or person so sworn, shall write down the names of twelve persons, being inhabitants and electors of the county, and possessing the qualifications necessary to constitute jurors in a court of record, from which list each party may strike out alternately three names, and in case of the absence of either party, or of his refusal to strike out, the justice shall strike out of the said list, three names, and shall thereupon issue a venire requiring the officer to summon the six persons whose names remain upon the above mentioned list, to appear at the time and place therein mentioned, to serve as jurors for the trial of the cause named in said venire. Provided, That if any of said jurors shall not attend, at the time so summoned to to jury trials. appear, or in case there shall be legal objections raised to any

General provisions relating