A Compilation of the Statute Laws of the State of Tennessee; Of a General and Permanent Nature, Compiled on the Basis of the Code of Tennessee, with ... Including Acts of Session of 1870-71 Volume 3

 
9781230019734: A Compilation of the Statute Laws of the State of Tennessee; Of a General and Permanent Nature, Compiled on the Basis of the Code of Tennessee, with ... Including Acts of Session of 1870-71 Volume 3

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... a party to the suit, which require to be answered, the convict may be allowed the aid of counsel to prepare his answer. Return of oilieer. Pro conresso. Deposition of convict in civil case. Also for defendant in State case. May be brought as witness for Btnte by writ oi J udge. Keeper to employ guard. Oonvlcts to be received in Jail. And returned. 5551. If the convict declines to answer the bill, petition, or interrogatories, after they have been read over and explained to him by the oflicer executing them, in the presence of the keeper or deputy keeper, the oilicer may make the return accordingly, whereupon the bill, petition, or interrogatories, so far as the convict is himself concerned, shall be taken for confessed as true, and proceedings had as usual in such cases. 5552. In no civil case can a convict be removed from the penitentiary to give personal attendance at court, but his testimony may be taken by deposition as in other cases, the party seeking his testimony being required to make alfidavit that the convict is a material witness in the cause. 5553. The defendant in a State prosecution may in like manner take the testimony of a convict in his behalf, notice being given to the State's Attorney of the time of taking the deposition. 5554. Whenever the presiding Judge of any court in this State has reason to believe that the evidence of a convict is necessary in any prosecution by the State, and that other evidence cannot be obtained on behalf of the State, he may order a writ to be issued directing the keeper of the peniten tiary to bring the body of such convict before the court on a day to be named therein, to give testimony for the State in such case. 5555. It is the duty of the keeper, upon the service of such writ, to...

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