The New York Civil And Criminal Justice : a Complete Treatise On the Civil, Criminal, And Special Powers And Duties of Justices of the Peace in the State of New York; With Numerous Forms, Adapted to the New Code of Civil Procedure, And the Criminal And Pe

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Issue having been joined in an action, and an adjournment had to a particular time, the next step in its progress is, to prepare for trial.
A subpoena will only compel the attendance of a witness who is in the same county where the action is to be tried, or in an adjoining county.
It is generally difficult to procure the attendance of a witness who cannot be reached by a subpoena; and, unless he volunta- rily appears, his testimony can be obtained only by a com- mission.
1. Commissions.
The fol
...lowing are the provisions of the statute in regard to the issuing of commissions by Justices of the Peace: Where the defendant has neglected to appear upon the return of a summons, or has failed to answer the complaint, or where an issue of fact has been joined in an action ; and it appears, by affidavit, upon the application of either party, that a witness, not within the county wliere the action is pending, or an adjoining county, is material in the prosecution or defence of the action, the Justice may award a commission to one or more competent persons, authorizing them, or either of them, to examine the witness under oath, upon interrogatories to be settled by the Justice, or by the written agreement of the parties, and indorsed upon, or annexed to, the commission ; to take and certify the deposition of the witness; and to return the same by mail, addressed to the Justice.

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