and mileage to fore either SEC. 3954. Every person who shall attend to give evidence at any time and place, in obedience to a citation or summons issued by 1855-451. the authority of the Senate or House of Representatives, shall be Comp nation entitled to receive the sum of two dollars for every twenty miles he winesses when may necessarily travel in going to, or returning from the place, and summoned bethe like amount for every day he shall so attend; to be paid after Husf General Assemb.y. the claim has been approved by the House order ng his attendance, by the Auditor of the State, upon the warrant of the President of the Senate or Speaker of the House of Representatives, as the case may be. 1868-119. Per diem of SEC. 3955. Witnesses who have been or who may be duly summoned to appear before any of the several Senate and House com- witnes-e when mittees, shall be entitled to receive the sum of two dollars per day for each and every day they may be required to appear before said any 8 ate or committees. summoned to appear before House commit tee. certain cases SEC. 3956. Whenever in the opinion of the committee, the witnesses shall reside at such a distance that their attendance at the 1855-370. seat of government must give rise to great expense and loss of time, Test on in the said committee shall prepare interrogatories and take their testi- may be tak n by mony by a commissioner as in judicial proc edings of the parish in commission in which the witnesses may reside, who shall on the receipt of the peachm nt. interrogatories, cause to appear before him the witness to whom they are propounded, and having administered the oath to him, shall take down in writing his answers and make him sign them. The interrogatories thus prepared by the committee shall, previous to their being sent as aforesaid, be communicated to the accused or his counsel, who shall have a right to add his cross interrogatories, to which the witness is equally bound to answer. The accused on his part sha'l be allowed to submit to the committee such interrogatories as he may wish to be propounded to witnesses in bis behalf, and it shall be the duty of the committee, after having added such cross interrogatories as they shall deem proper, to direct the whole as aforesaid, that it may be proceeded upon in the same manner. trial by im. a 'endanos of SEC. 3957. The magistrate to whom the interrogatories shall be directed, as stated in the foregoing section, may employ all such Power of magismeans as are allowed by law to compel a witness to appear, and tre enforce may condemn to a fine of not less than fifty dollars and not exceed- witnesses. ing one hundred, or to an imprisonment not exceeding ten days, any witness for or against the accused, who being duly cited, shall. have refused to attend, or who having attended, shall refuse to answer to the interrogatories or sign his answers. 1843-3.7. co pel ed to may be brought SEC. 3958. The judge advocate shall issue summonses for all witnesses, which the provost marshal shall serve; and if any witness w tnes-es, how duly summoned fails to appear, the court martial may fine him not amo ed e more than twenty dollars, and attach him and compel his appearance. attend. SEC. 3959. Any party to a suit or proceeding in any of the courts of this State shall have the right to have the personal attendance of 1869-114. any witness in open court, on the trial of his case, by his filing in Hw witness-s the suit his application for a subpena for any such witness, accom- int. court. panied by the affidavit of himself or his attorney, that the personal attendance of such witness in open court on the trial of the case is necessary in order to elicit the truth from such witness, which can not be done by taking his deposition out of court; and in all cases where a jury is prayed for and granted by the court, the party shall be entitled to have the witness subpensed to attend in open court 1860-130. How with sses into cour in the may be brought parish of Orleaus. 1868-269. Art. 2260, C. C. What constitute Testimony of husband ar d Wi.e. without the above affidavit, if he shall so desire in the writing filed in the suit. SEC. 3960. Any party to a suit or proceeding in any of the courts of this State in the parish of Orleans shall have the right to have the personal attendance of any witnesses in open court, in trial of his case or proceeding, by subpenaing the witness to attend on the trial, unless the testimony of such witness has before the trial been taken contradictorily with the parties according to the provisions of an act entitled "An Act to provide for taking the testimony of witnesses in suits pending in the courts of this State," approved September sixteen, eighteen hundred and sixty-eight, and it shall be the duty of all courts in this State to call and hear the testimony of all competent witness s in any case or proceeding in open court when the witness appears to give testimony, whether he is subpenaed or not; such testimony shall be taken in writing in all cases when by law it is required to be so taken. SEC. 3961. The competent witness of any covenant or fact whatever it may be in civil matters is a person of proper understanding. The husband can not be a witness for or against his wife nor the wife for or against her husband, but in any case where the husband and wife may be joined as plaintiffs or defendants and have a separate interest, they shall be competent witnesses for or against their separate interest therein. SEC. 3962. Whoever shall be convicted of bribery or attempting to 1869-63. bribe any witness, or by any force or threat, or intimidation of any Bribery, intimi- kind, or by persuasion, to prevent any witness in a criminal case, in any of the stages of prosecution, from making the oath in any order to obtain a warrant of arrest to the final trial inclusive, from appearing or testifying as a witness, shall be sentenced to imprisonmest at hard labor in the penitentiary not less than one nor more than five years. dation and per suasion of witnes es in criminal actions punished. testif by reason of bribery or SEC. 3963. Any witness in a criminal proceeding, in any of its Witness runt h- stages from making oath to obtain a warrant of arrest to the final od or failing to trial inclusive, who shall fail to appear or give evidence, when legally required to do so, by reason of being bribed or persuaded not to do so, upon due conviction thereof, shall be sentenced to imprisonment at hard labor in the penitentiary not less than one nor more than five years. persuasion. 1869-76. SEC. 3964. Any grand juror at any term of court, when a grand jury is impanneled, who shall fail to inform the grand jury of any Punishment of violation of the criminal laws of this State, or of any crime comgrand juror for failure of duty. mitted within the parish for which he is impanneled as a grand juror, since the sitting of the last preceding grand jury in that parish, which may have come to his personal knowledge, or of which he may have been informed, upon due conviction thereof shall, if it be an offense not punishable in the penitentiary, of which he has not given information, be fined in a sum of not less than fifty nor more than five hundred dollars; and if it be an offense which may be punished by death or imprisonment in the penitentiary, he shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than five years. Grand jurors witnesses on the rumber SEC. 3965. In order to prosecute the offense prescribed in the trial of one of foregoing section of this act, or to defend the charge, any member of the grand jury shall be a competent witness to testify either before the grand jury or on the examination or trial of the case. SEO. 3966. No court shall make an order requiring a female to fr failure of duty. In errogato.ies answer interrogatories on facts and articles in open court, unless the 1847-16-1. party propounding them, or his arent or attorney, shall make oath to Art. 847, C. P. the materiality of the interrogatories, that they are not propounded to ma for the purpose or in the hope of having them taken for confessed, but with the bona fide desire to have them truly answered by the party interrogated. SEC. 3967. The fourth paragraph of the three hundred and thirty-eighth article of the Code of Practice is repealed; and no 1822-152—5. judge shall be rendered incompetent to sit on trial of any cause now Judge bei g pending, or which may hereafter be instituted in any of the courts of this State, in consequence of his being a material witness in the case, in favor of either party; his being a witness shall no longer be a cause of recusation. ma erial witness no cause for ecusation. 1843-14-1. Art. 352, C. P. to interra SEC. 3968. Article three hundred and fifty-two is repealed, and in lieu thereof, the following article is substituted: "In all cases where a party interrogated resides out of the parish where the suit is pending, and whether within or without the State, it shall be his duty to he parish when file his answer to the interrogatories propounded to him within such to file answers period as shall be fixed by the court, on the motion of the party interrogating, notice of which order, fixing the delay, together with a copy of the interrogatories propounded, shall be served on the attorney representing the party interrogated; Provided, That when the party interrogated resides out of the parish, his answers shall be taken by commission." tories. A t. 425, C. P. SEC. 3969. Commissions to take testimony may issue at any time after the service of petition and citation; whenever a commission to 1839-168-17. take testimony shall have been returned, the party intending to use the depositions taken under the same may, on filing them in the clerk's office, file a notice or take a rule, which must be served on the opposite party or his counsel, to show cause why the same should not be used as evidence in the cause; whereupon the party on whom the rule is taken shall be bound to urge any objections, if any he have, to the admission in evidence of the depositions founded on any irregularity in the execution of the commission; and if he fail so to do before the cause is called up to trial on its merits, all such objections shall be considered as waived; Provided, That no objections to the deposition, except such as are founded on irregularity in executing the commission, shall be decided on in such rule. SEC. 3970. In any case where commissions are obtained to take 1829-152-2. depositions of witnesses in civil matters, as mentioned in the four Commissions hundred and twenty-fifth article, the commissions may be directed may b directed to any judge or justice of the peace, or to any other person author- justice of the ized by law to administer oaths. 10 any judge, peace or ther person. Duty party SEC. 3971. In all cases where a party to a suit is required to 18 8-152-7. submit the interrogatories to be put to witnesses whose testimony is At 4 of Car to be taken under commission, it shall be the duty of the party sub- submitting inmitting the same, to have them served on the adverse party, or his have em counsel, three days previous to having them forwarded. SEC. 3972. Whenever interrogatories in writing have been annexed to the commission, and communicated either to the opposite party or his counsel, it shall be no longer necessary to give notice in writing to the party of the place and day when the depositions of the witness shall be taken, saving to both parties, or either of them, the right of being present, if they think it proper, at the taking of the terr gatories to served on the adverse party. 12-152-9. when in erro gatories are annex d to com mis-ion and opposite arty commicated to not nece sary to give notice. 126-1-2-11. Art. 436, C. P. depositions, but without being permitted to add any further questions to those contained in the aforesaid interrogatories, except with the consent of the other party. SEC. 3943. Article four hundred and thirty-six shall be so amended Party wis sing to that it shall be sufficient for a party wishing to take the testimony take tes imouy of witnesses residing out of the State to apply for the same to any siding ut or the judge having jurisdiction of the cause, and not in open court, and State, to apply it shall be sufficient simply to swear to the materiality of the testto judge. of winesses re 1639-1649. continu nce that the witness the lats. mony. 1840-1 4-5. SEC. 3974. Article four hundred and sixty-six of the Code of In affidavit for Practice shall be so amended that the party who opposes a con. party may admit tinuance, shall not be bound to admit the facts which the adverse would swear to party may have sworn he expected to prove by such witness, but merely that such witness would, if present, swear to such facts. SEC. 3975. Article four hundred and sixty-nine shall be so Out of NwOr. amended that out of the city of New Orleans, each party may leans summors obtain from the clerk of the court summons for witnesses before the tained from case has been fixed for trial. 18 9-172-25. Art. 469, C. P. for wit ess ob clerk of the court. 1869-92. Subpenas famed by Metropolitn siouers. 1868-206. witnesses. SEC. 3976. The Board of Commissioners of Metropolitan Police shall have power to issue subpenas, attested in the name of its president, to compel the attendance of witnesses upon any proceeding authorized by its rules and regulations. Each commissioner of the board, the superintendent of police, the chief clerk and deputy clerk, are hereby authorized and empowered to administers oath and affirmations to any persons summoned and appearing in any matter or proceeding authorized as aforesaid, or to take any deposition necessary to be made under the orders, rules and regulations of thể board, or for the purposes of this act. Any willful and corrupt false swearing by any witness or person to any material fact, in any necessary proceeding under the said orders, rules and regulations, or under this act, shall be deemed willful perjury, and punished in the manner now prescribed by law for such offense. SEC. 3977. The coroner may summon witnesses at such time and place as he shall direct; the persons summoned shall, for non-attenExamination of dance or refusal to testify, be subject to the same penalties, to be expressed in the summons, as if they had been served with a supena on behalf of the State to attend a justice's court. It shall be the duty of the coroner, if adjudged necessary either by himself or by a majority of the jury, in order to ascertain the cause of death, to order a post mortem examination, whether surgical only, or chemical also, to be made on the body of the subject of the inquisition, by competent medical practitioners; and the expense of such post mortem examination shall be paid by the parish or municipal authorities within whose jurisdiction the inquest shall be held. Post mortem examinations. Oath of witnes.es. Testimony in writing. SEO. 3978. The coroner shall administer the following oath to all witnesses: "You solemnly swear that the evidence you are required to give on this inquest shall be the truth, the whole truth and nothing but the truth; so help you God." SEC. 3979. The testimony of all witnesses examined on an inquest shall be reduced to writing and subscribed by the witnesses. SEC. 3980. If the jury find that any murder or manslaughter has Recognizance of been committed on the deceased, the coroner shall bind over, by recognizance, such witnesses as he shall think proper, to appear and testify at the next court to be held in the parish at which an indict Witnesses, ment for such an offense can be found; he shall also return to the court the inquisition, written evidence, and all recognizances and examination by him taken, and may commit to the jail of the parish any witnesses who shall refuse to recognize in such manner as he shall direct. Married women debts and grant SEC. 3981. All married women in this State, over the age of -1855-254. twenty-one years may, by and with the authorization of their hus- may in certa.n bands, borrow money or contract debts for their separate benefit ca ea contract and advantage; and to secure the same, grant mortgages or other mortgages. securities affecting their separate estate, paraphernal or dotal; Pro- Proviso. vided, It is done in the form and for the objects presented in the following sections of this act. be made by the juuge. SEC. 3982. In carrying out the power to borrow money or con- Examination to tract debts, the wife, in order to bind herself or her separate or dotal property, must be examined at chambers by the judge of the district or parish in which she resides, separate and apart from her husband, touching the objects for which the money is to be borrowed or debt to be contracted, and if he shall ascertain either the one or the other are for her husband's debts, or for his separate benefit or advantage, or for the benefit of his separate estate, or for the community, the said judge shall not give his sanction authoriz ing the wife to perform the acts or incur the liabilities set forth in the preceding section of this act. SEC. 3983. In case the wife shall satisfy the judge aforesaid that the money about to be borrowed or debt contracted is solely for her separate advantage, or for the benefit of her separate or dotal property, then the judge shall furnish her with a certificate setting forth his having made such examination of the wife, as required by Certificate to be grated in cerjudge to be pre tain cases by sented to notary |