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8 Cal. 216; 9 Cal. 565; 12 Cal. 500; 17 Cal. 166; 32 Cal. 213; 34 Cal. 663; 40 Cal. 272.

Vide $$ 608, 2102.

Subdivision 2.-15 Cal. 638: 38 Cal. 57.

Subdivision 4.-Vide § 1870, 2 & 3.

Subdivision 5.- Vide § 1981.

Subdivision 7.-5 Cal. 249: 9 Cal. 430.

TITLE V.

OF THE RIGHTS AND DUTIES OF WITNESSES.

SECTION 2064. Witnesses bound to attend when subpoenaed 2065. Witnesses bound to answer questions.

2066 Right of witnesses to protection.

2067. Witnesses protected from arrest when attending, or going or returning.

2068. Arrest to be made void, and party making arrest liable, etc.

2069

2070.

To make affidavit if arrested.

Court to discharge witness from arrest.

§ 2064. ( 407.) A witness, served with a subpoena, must attend at the time appointed, with any papers under his control required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed.

See Or. C. C. P. § 836.

14 Cal. 18; 33 Cal. 641; 36 Cal. 223.

2065. (§ 408.) A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony.

Or. C. C. P. § 837.

7 Cal. 184; 35 Cal. 89; 39 Cal. 449.

2066. It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue.

N. Y. C. C. P. § 1855; Or. C. C. P. § 838.

2067. (§ 415.) Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there and returning thereform.

6 Cal. 32.

2068. (416.) The arrest of a witness, contrary to the preceding section, is void, and when willfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with a subpœna, for the damages sustained by him in consequence of the arrest. N. Y. C. C. P. § 1856; Or. C. C. P. § 839.

§ 2069. (§ 416.) An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption and make an affidavit stating

1. That he has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and,

2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest.

3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpœna.

The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.

See Or. C. C. P. § 840.

§ 2070. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of section

two thousand and sixty-seven. If the court have adjourned before the arrest, or before application for the discharge, a judge of the court or a county judge may grant the discharge.

N. Y. C. C. P. § 1858; Or. C. C. P. § 841.

TITLE VI.

OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS.

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SECTION 2074. 2075.

An offer equivalent to payment.

Whoever pays entitled to receipt.

2076. Objections to tender must be specified.
2077. Rules for construing description of lands.

2078. Compromise offer of no avail.

2079. In action for divorce, admission not sufficient.

Ø 2074.

An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.

N. Y. C. C. P. § 1859; Or. C. C. P. § 842.

1 Cal. 337; 5 Cal. 339; 14 Cal. 519; 15 Cal. 208, 376; 25 Cal. 502; 26 Cal. 535; 32 Cal. 168; 34 Cal. 616, 666; 41 Cal. 133.

Ó 2075. Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. N. Y. C. C. P. § 1860; Or. C. C. § 843.

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