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Compelling Attendance of Witnesses, or Production of Documents.
Payment of Expences.
Proviso as to Production of Documents.
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V. And be it further enacted, That when any Rule or Order shall be made for the Examination of Witnesses within the Jurisdiction of the Court wherein the Action shall be depending, by Authority of this Act, it shall be lawful for the Court, or any Judge thereof, in and by the first Rule or Order to be made in the Matter, or any subsequent Rule or Order, to command the Attendance of any Person to be named in such Rule or Order for the Purpose of being examined, or the Production of any Writings or other Documents to be mentioned in such Rule or Order, and to direct the Attendance of any such Person to be at his own Place of Abode, or elsewhere, if necessary or convenient so to do; and the wilful Disobedience of any such Rule or Order shall be deemed a Contempt of Court, and Proceedings may be thereupon had by Attachment (the Judge’s Order being made a Rule of Court before or at the Time of the Application for an Attachment), if, in addition to the Service of the Rule or Order, an Appointment of the Time and Place of Attendance in obedience thereto, signed by the Person or Persons appointed to take the Examination, or by One or more of such Persons, shall be also served together with or after the Service of such Rule or Order: Provided always, that every Person whose Attendance shall be so required shall be entitled to the like Conduct Money and Payment for Expences and Loss of Time as upon Attendance at a Trial: Provided also, that no Person shall be compelled to produce, under any such Rule or Order, any Writing or other Document that he would not be compellable to produce at a Trial of the Cause.
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