If any witness or notary upon whom such summons has been served shall fail to obey, the judge shall issue an order for his arrest and proceedings shall be taken against him as for contempt of court. Whenever any witness is unable to appear because of sickness or infirmity, the petitioner may solicit the court to appoint a judge or secretary of the court or notary public to take his testimony on oath and over his signature. Whenever a witness shall be absent from the Commonwealth of Puerto Rico, he shall have the power to make his deposition in the manner provided for in subsections (2) and (3) of § 884 of Title 4. The witnesses and the said notary shall be examined separately, in order that neither may hear the testimony of the other.
History —Code Civil Proc., 1933, § 537.