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A. W. BRADFORD, ESQUIRE, GOVERNOR.
pealed, and the following section substituted there-
for, viz:
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161
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" Thirty-three," Whenever any commission or
process in the nature of a Commission to take
testimony, shall be issued by any court of any of
the United States, or by any court of any District
or Territory of the United States, directed to any
person either by name or otherwise in this State,
and any witness who shall have been duly notified
so to do, shall fail to attend at the execution of
said Commission, or refuse to answer such question
as may be propounded to him under such Commis-
sion, it shall be the duty of the Commissioner
therein named, at the request of either party to
the suit in which it is proposed to use such testi-
mony, or his attorney, to certify such failure to at-
tend, or refusal to testify, to the Judge of the Cir-
cuit Court of the city or county, where said Com-
mission is to be executed, and the said Judge on
receiving the said certificate, shall forthwith issue
his order, commanding the said delinquent witness
on some day and at some place therein appointed,
to appear before him and shew cause why he the
said witness has so failed to attend or refused to
testify, a copy of which order shall be served upon
said delinquent witness at least five days before
the day therein appointed ; and if the said witness
after having had such notice of said order, shall
neglect or refuse to appear before said Judge, or
appearing, shall fail to shew good and sufficient
cause why he, the said witness, has so failed to at-
tend, or refused to testify before the said Com-
missioner ; then and not otherwise, the said Judge
may issue an attachment in the name of the State,
and compel the appearance and answer of such
witness, in the same manner as any court in this
State would be authorized to do, if such witness
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Commissions
to take evi-
dence from
other States —
attendance of
witnesses, &c.
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