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An Act concerning witnesses. 1844-1845 1087 (1844)

handle is hein.slavery/ssactsmo0077 and id is 1 raw text is: WITNESSES. 1087 CHAr. 186. CHAPTER 186. WITNESSES. An ACT concerning witnesses. Sc. 1. Witnesses, how summoned to SEC. 12, Sub pona, how to be served attend courts of record. ect of the return. 2. Summons to contain the names 13. Writ of habeas corpus may be of all witnesses; where may isued to bring a witness up be served. to testify who is confined in 3. Witness summoned and failing prison; when. to attend, may be attached in 14. ow the writ may be issued fur any county. witness confined in prison, to 4. Cause continued by absence of testify before justice of the witness, court may order an peace. attachment; how and when. 15. Affidavit to be filed, what to 5. Witness taken upon attachment, in may be discharged upon en- the affidavit shall not be tering into recognizance. required. 6. Power of court to fine witness 17. Prisoner, after testifying, to be failing to attend. remanded to prison. 7. Fees paid or tendered, witness 18. Witness nt excused from an- liable to party for damages for swering on the ground that it failing to obey the summons. may subject him to a civil suit. 8. Witness refusing to give evi- 19. Ministerofthe gospel not com- dence, m I be committed to) pelted to disclose confessions jail and detained until be give made to him in his profession- 3uch evidence. ) al character. 9. How far a witness is privileged 20. Physicians and surgeons not from arrest. compelled to disclose confcs- 10. Suit against a witness to abate, sions when. if arrested whilst attending un- 21. Witness not incompetent on ac- der a subpmna; penalty for ar- cqunt of religious opinions. resting. 22. Negroes and mulattocs incom- 11. Subpena, how directed; by petent witnesses except in cer- whom to lie served. tat cbrses. Bie it enacted by thec General d/ssembly of the State of Mis- souri, as follows: SECTION 1. In all cases where witnesses are required to Witnesses how summon- attend the trial of any cause in any court of record, a sum- e to attend mons shall be issued by the clerik of the court wherein the courts of re- matter is pending, stating the day and place when and where the witnesses are to appear. Sie. 2. Such summons shall contain the names of all wit- Summons to acoitain the nesses for whom a summons is required, by the same prtrty ilnames oi* all the same cause, at the same tWe, who reside in the same Witnesses; may he served, county, and may be served in any county in the state.. where. SEC. 3. A person summoned as a witness in any cause Witness sum- inontd and pending in any court of record, and failing to attend, may be failing to at- compelled, by writ of attachment against is ody, to appear, ndn y be which may be served in any county in the state. SEC. 4. When a cause shall be cofttinued on account of the absence of a witness, duly summoned, and the party for whom

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