Evidence  for  the       9.     If  it  shall  be  made  to  appear  to  any  justice  by  oath  that
Bscured'"""'    "'"  any  person  within  his  jurisdiction  is  likely  to  give  material  evidence
for  the  prosecution  and  will  not  voluntarily  appear  for  the  purpose
of  being  examined,  such  justice  shall  issue  his  summons  (L.  1)  to
such  person,  requiring  him  to  appear  at  the  time  and  place  therein
mentioned  to  testify  as  therein  directed.     If  without  suflScient  ex-
cuse he  neglect  to  appear  at  such  time  and  place  after  proof  upon
oath  of  such  summons  having  been  served  upon  such  person  either
personally  or  by  leaving  the  same  with  some  person  for  him  at  his
last  or  usual  place  of  abode,  the  justice  before  whom  such  person
should  have  appeared  may  issue  a  warrant,  (L.  2,)  which  warrant,
if  necessary,  may  be  backed  as  other  warrants.     If  such  justice
shall  be  satisfied  by  evidence  upon  oath  that  it  is  probable  that  such
person  will  not  attend  to  give  evidence  unless  compelled,  then,  in-
stead of  a  summons,  he  may  issue  a  warrant  (L.  3,)  in  the  first
instance  which,  if  necessary,  may  be  backed  as  above.     If  on  the
appearance  of  such  person,  either  in  obedience  to  the  summons  or
under  the  warrant,  he  shall  refuse  to  be  examined  upon  oath  con-
cerning the  premises,  or  shall  refuse  to  take  such  oath,  or  having
taken  such  oath  shall  refuse  to  answer  questions  concerning  the
premises  without  just  excuse  for  such  refusal,  the  justice  by  war-
rant (L.  4)  may  commit  such  party  so  refusing  to  jail,  for  any
time  not  exceeding  seven  days,  unless  he  shall  in  the  meantime  con-
sent to  be  examined  and  to  answer.
