Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-03-26
OFFICIAL.
LAWS OF THE UNITED STATES
Passed at the Third Session of the Thirty-ssventb
Congress.
OFFICIAL.
PUBLJC-No. "a.

PUBLJC-No. "A.
AN Act to facilitate the taking of dispositions
within the Emitted States to be used in the
courts OF other countries, and for other
purposes.
BE 1t enacted by the senate and house of
representatives of the United States of Amer
lea IN congress assembled, that the testimony
OF any witness residing within the United
states, to be used in any suit for the recovery
OF money or property, depending in any court
IN any foreign country with which the United
states are at peace, and in which the govern
mellt OF such foreign country shall he a PARTY
OF snail have an interest, may be obtained TO
De used In such suit. If a commission or let
ters rogatory to take such testimony shall
HaFe oeeh issued from the court in which said
sun IS pehding, on producing the same before
tiie u'Strlct Judge OF any district where said
witness resides or shall be found and on dine
proof being made to such Judge that the testi-
mony OF any witness is material TO the Marty
desiring the same, such Judge shall issue n
summons to such witness, reauiring him to
appear before the officer or commissioner
named In such commission or letters rogatorv
TO testify IN such suit. Such summons shall
SPECIFY the time and place at which such wit
ness is required to attend, which place shall
De within one hundred miles of the place
where sad witness resides or shall be served
with said summons.
Sect. 2. And be it further enacted that
If any person shall refuse or neglect to appear
at the time and place mentioned in the sum-
mons issued, i'll accordance with this act, or
If, upon his appearance, he shall refuse to
testify, he shall be liable to the same penal
ties as would be incurred for like offence IN
the trlai OF suit in the district court of the
United States.
sect. g. And be it further enacted. that
every witness who shall appear and testify,
III manner aforesaid, shall be allowed and
siali receive from the party at whose instance
ne siall nave been summoned, the same fees
and mileage as are allowed to witnesses in
suits depending in the district courts of the |
United States.
sect. 4. And be it further enacted that
whenever any commission or letters rogatorv
issued to take the testimony of any witness in
Il lorelgh country, in any suit in which the |
Cnlted States are parties or have an interest
snall nave been executed by the court or the
commissioner to whom the same shall have
peeh directed, the same shall be re-
turheo by such court or commissioner to the
minister or consul of the United States near-
est the place where said letters or commission
snail have been executed, who. on RECEIVING
the same shall indorse thereon a certi6ratn
statihg the time and place when and where
the same was received; and that the said dep
oSltlon Is IN the same condition as when he re-
celVed the same. and he shall thereupon trans
NIT the sad letters or commission, so execut
ca ana certified, by mail, to the clerk of the |
court from winch the same issued, in the man. |
ner IN which his official dispatches are trans |
hlitled 10 the government. And the testimony |
OF witnesses so, as aforesaid taken and re-
turned, shall be read as evidence ON the trial
OF the suitin which the same shall have been
taken, without objection as to the method of
returning the same.
Approved March s, 1868.