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4. Upon a warrant issued from the criminal court, upon an indictment or information.

SEC. 10. No person shall be discharged from an order of commitment, issued by any judicial or peace officer, for want of bail or in cases, not bailable, on account of any defect in the charge or process, or for alleged want of probable cause; but in all such cases the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, let to bail, or recommit the prisoner, as may be just and legal, and recognise witnesses to appear.

SEC. 11. The writ of habeas corpus may be had for the purpose of letting a prisoner to bail in bailable cases.

SEC. 12. The court or judge shall have power to require and compel the attendance of witnesses, and to do all other things necessary to determine the case. If it appears that any person has an interest in the detention of the prisoner, the court or judge shall cause such person to be duly notified.

SEC. 13. The marshal or other officer shall not be liable to a civil action for obeying any writ of habeas corpus, or order of discharge made thereon.

SEC. 14. Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause a warrant to be issued, reciting the facts and directed to the marshal or any constable, commanding him to take the person thus held in custody or restraint, and forthwith bring him before the court or judge to be dealt with according to law.

SEC. 15. The court and judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.

SEC. 16. The officer shall execute the writ by bringing the person therein named before the court or judge, and the like return and proceedings shall be required and had, as in case of writs of habeas

corpus.

SEC. 17. The court or judge may make any temporary orders in the cause, or disposition of the party, during the progress of the proceed

ings, that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.

SEC. 18. Any writ or process authorized by this chapter may be issued and served in cases of emergency on Sunday.

SEC. 19. All writs and other process authorized by the provisions of this chapter shall be issued by the clerk of the court, sealed with the seal of such court; and shall be served and returned forth with, unless the court or judge shall specify a particular time for such return. And no writ or other process shall be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process. Amendments may be allowed, and temporary commitments, when necessary.

SEC. 20. Writs of habeas corpus shall be granted in favor of parents, guardians, masters, married women, and husbands; and to enforce the rights, and for the protection of infants and insane persons; and the proceedings shall in all such cases conform to the provisions of this chapter.

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SECTION

MEANS OF PRODUCING WITNESSES.

12. When clerk or register of court may issue summons.

13. When judge, justice of the peace, com-
missioner, etc., may.

14. Character and form of summons.
15. Summons; how and by whom served.
16. When no cost of service allowed.
17. Persons present in court, etc., may be
compelled to testify as if summoned.
18. Witness failing to attend, etc., responsi-
ble to party in damages.

19. Disobedience to a summons, etc., pun-
ished as a contempt.

20. Persons in confinement; how examined as witnesses.

MODE OF TAKING THE TESTIMONY OF WITNESSES.

21. Testimony of witnesses taken:

1. By affidavit.

2. By deposition.

3. By oral examination.

22. For what an affidavit may be used.
33. Before whom an affidavit may be made.
24. Deposition may be used:

1. When witness is beyond process of

25. Deposition may be taken; when.
26. Before who depositions may be taken
in this District.

27. Before whom depositions may be taken .without this District.

28. Officer not to be a relative, etc., of either

SECTION

39. Depositions so taken, etc., may be used before a justice of the peace, and

party.

29. Commission; when necessary.

30. Notice to be given to adverse party.
31. Manner of serving notice.

32. How deposition reduced to writing.
33. How certified and transmitted by
34.

officer.

35. Official character of officer; how evidenced.

36. Depositions; how published. 37. Depositions; when filed.

38. Deposition may be used in another action, for same cause, etc., first being dismissed.

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court.

2. When, from age, etc., he is unable DEPOSITIONS TO BE USED OUT OF THIS DISTRICT. 54. Commissioner may issue subpœnas.

to attend, or is dead.

3. When same has been taken by con

DOCUMENTARY AND OTHER WRITTEN EVIDENCE.

sent.

55. How the laws of the District may be evidenced.

DEPOSITIONS IN GENERAL.

52. Commission may be remanded for the correction of errors.

53. Errors unimportant and not prejudicial, not to exclude a deposition.

56. Statute law of any State, or foreign government, etc.; how evidenced.

57. Legislative acts of any State or foreign
government, etc.; how evidenced.
58. Common law of any State or foreign
government, etc.; how evidenced.
59. Records and judicial proceedings of a

court of record of or within the United
States and territory; how evidenced,

etc.

60. Office books, etc., in a foreign country; how evidenced.

61. Deeds, etc., recorded, etc., in a foreign country; how evidenced.

62. Deeds, etc., recorded in District; how evidenced.

63. Receipt of same, and time thereof; how evidenced.

64. Certain book accounts; how proved.

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COMPETENCY OF WITNESSES.

SECTION 1. No person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party or otherwise, or by reason of his conviction of a crime; and any party to a civil action or proceeding may compel an adverse party, or person for whose benefit the same is instituted, prosecuted, or defended, to testify as a witness at the trial, or by deposition, in the same manner and subject to the same rules as other witnesses.

SEC. 2. Nothing in the preceding section contained shall in any manner affect the provisions of the Code relating to the estates of infants, or persons deceased, or insane, or the attestation of the execution of last wills and testaments, or any other instrument required by law to be attested.

SEC. 3. No person shall be allowed to testify by virtue of the provisions of section one, when the adverse party is the executor or administrator of a deceased person, when the facts to be proved transpired before the death of such deceased person.

SEC. 4. No party shall be allowed to testify unless he has given reasonable notice to the adverse party, his agent or attorney.

SEC. 5. No religious opinions, or the want thereof, shall render a witness incompetent.

SEC. 6. No witness shall be compelled to answer any question touching his religious belief, but want of the same may be established as heretofore.

SEC. 7. Any fact which might heretofore be shown to render a witness incompetent, may hereafter be shown to affect his credibility.

SEC. 8. The following persons shall, as herein provided, be incompetent to testify:

1. Persons who are of unsound mind at the time of their production for examination.

2. Children who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly.

3. Husband and wife, for or against each other, or concerning any communication made by one to the other during the marriage, whether called while that relation subsists or afterwards.

4. An attorney concerning any communication made to him by his client in that relation, or his advice therein, without his client's consent.

5. A clergyman, priest, physician, or surgeon, concerning any communication entrusted to him in his professional capacity, and necessary and proper to enable him to discharge the duties of his profession, according to the usual course of practice or discipline, unless with the consent of the party in whose favor this provision is enacted.

6. A public officer, concerning any communication made to him in official confidence, when, in the opinion of the court, the public interest would suffer by the disclosure.

SEC. 9. If a party offer himself as witness, that is to be deemed a consent to the examination also of an attorney, clergyman, priest, physician, or surgeon, on the same subject, within the meaning of the fourth and fifth subdivisions of the preceding section.

SEC. 10. Children under twelve years of age are presumed to be incompetent witnesses; those over twelve are presumed to be competent; but the court may examine children of tender age, and persons of alleged unsound mind, as to their capacity, and decide upon their competency.

SEC. 11. Negroes shall be incompetent witnesses, as provided in section six, chapter forty-seven, Part I of this Code.

MEANS OF PRODUCING WITNESSES.

SEC. 12. The clerk or register of the proper court shall, on the application of any person having a cause, or any matter depending therein, issue a subpoena for witnesses.

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