1822 - Edocs

In perpetuam rei
Motion for continuance.
Perjury perpetually
bars.
Attachment to
compel witnesses.
Liable to action.
Witness refusing to
give an oath.
Witnesses privilege
d.
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necessary to prevent a failure or delay of justice—and the
Circuit court sn-ii Have power, upon application, to grant
commissions, to take depositions in /ier/ietuam rei memoriant.,
in any matter cognizable in any Court of this Territory,
according to the usages in chancery.
55. Be it further enacted, That, every motion for the
continuance oi a cause, shall be accompanied by an affidavit
of the party or his express agent, that a material
witness is absent, and stating what exertions have oeen
made to procure nis attendance, uiid that the same facts,
cannot be established by another witness, and that there
is reasonable ground to believe that the witness may be
procured, by the succeeding term, in such case the party
may at the discretion of the Court, obtain a continuance
— all continuances snail be at the costs of the parly obtaining
the same, unless from the circumstances of the
case, the Court should be of opinion that the costs should
await the termination of the suit.
56. Be itfurther enacted, That, no person being convicted
of perjury, or subornation of perjury, although he
be pardoned, or punished for the same, shall be a witness
in any court of record.
57. Be itfurther enacted, That, any person summoned
as a witness at a Court, or before commissioners, referees
or other persons appointed under the authority of a Court
to take his deposition, or testimony, and failing to attend
not having a reasonable excuse, may be compelled by attachment
to appear, and shall be fined by the Court issuing
the subfKZna^ after giving the party ten days previous
notice, in any sum not exceeding ten dollars.—He shall
likewise be liable to the action of the party, for damages
sustained by his non attendance—But if his inability be
shewn to the Court, at the lime he ought to have attended,
or at the next succeeding court, no fine or action shall
be incurred—Any person so summoned, and attending in
any of the before mentioned cases, who shall refuse to give
evidence, on oath or affirmation, as the case may be, shall
be committed to prison, by the Court, or other person authorized
to take his deposition, or testimony, there to remain
without bail or mainprize until he shall give such
evidence. And witnesses shall be privileged from arrest,
in all cases except treason, felony or breach of the peace,
during their attendance on any Court, or other place where
their attendance is required, by sub/i