WITNESSES AND EVIDENCE
AN ACT to Amend Chapter 129 of the Revised Code of Delaware, relating to Witnesses and Evidence by authorizing the issuance of subpoenas for the Attendance of Witnesses before Commissioners, Examiners and Masters appointed by Courts in other jurisdictions, being Chapter 230, Volume 30, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
That Section 4238A of the Revised Code of 1915, being 29, Chap. tap, Revised Code, Section 29 of Chapter 129 thereof, being Chapter 230, Volume Amended 30, Laws of Delaware, be and the same is hereby repealed and the following inserted in lieu thereof :
4238-A, Section 29. When a commission is issued by issued by any Court to take any Court of the United States, or of any State, District or Territory in the United States or of any foreign country for the taking of testimony of witnesses at any place within the State of Delaware before any commissioner, examiner or master, the Prothonotary of the Superior Court for any County, shall on application of either party to the suit, or pear of his agent, issue a subpoena or subpoenas duces tecum for such witness, commanding him to appear and testify, or to produce books, duce books or documents before the commissioner, examiner or master named in the commission, at a time and place stated in the subpoena; and if any witness after being duly served with such subpoena and after being tendered the legal witness fees, including mileage, as provided for attendance before the Superior Court, refuses or neglects to appear or to produce the books and documents required by said subpoena, or after appearing refuses to testify, and such refusal or neglect is proven to the satisfaction of the Superior Court or any Judge thereof in vacation, such Court or Judge may proceed to enforce obedience to the process or punish the disobedience in the same manner as the said Superior Court may proceed, in case of disobedience to process of subpoena issued by said Court, and in addition thereto the party in whose behalf such witness is summoned shall have all rights and actions against such witness as the aggrieved party now has, as provided in Section 4211 of the Revised Code of Delaware, provided however that no subpoena duces tecum shall be-issued by the Prothonotary except upon an order of the Superior Court or any Judge thereof in vacation entered upon and application therefor to such Court or Judge, upon such notice to such wit- nesses as to the Court and Judge may seem proper.
Approved March 14, A. D. 1923.