Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-10-01

sec, ~, aud be 4 farthsy enacted, That any nett
nen MED under thus act shall be verified hy ths az
haaNt OF the claimant, his ageat or attornev
stating that no assignment or transfer of said 49,,
OF any part thereof OF any interest therein. ha,
oeeh made except as IN said petition stated thai
s.,d claimant Is justly entitled to the amount
| therein claimed nom the United States, after Ill
lowing all Just credits an offsets, and tha, Ia ~
neFes the facts as stated in sand petition are TINA
Frep'ded, howeper That in order 10 authorize tbc
! sale court 10 render Judgment in favor of any
claimant, II citizen OF the United Statesit sha ms
SET forth IN the petition thar the Claimant. ami ~
original and every prior ownar thereof where IN
| clam mas been assigned, has al ali times homo
! stun'ueg@nee to this Government of the United
not IN any way yolunts rly aided .betteA or 81 yen
encouragement 20 rebellion against the said GOV.
| efhment, which allegations may be trayprsei NV
vac government, snd IL on the trial such issue
s shS ee deetded against the claimant, his petition
Sec IS, Aad BE- Il .f,gther enacted, That all
IsNs ana psrtslot hwsl inconsistol with the pro-
VISIONS Of tins aet are hereby repealed,
Sec. H., Aad be d further sRaeied That no
money shall be paid out Of the treasury Tor any
clam passed upon by the court of claims TN after
an appropriation therefor shall be estimated Tor
by the Secretary Of the Treasury
Approved March s, 1863
Chapter NCilI.-An Aetto give greater Efficiency
to the judicial System OF the United States.
BE u enacted By TIE Senate and House Of Repre-
ssRtdttpeS Of tie United States Of Ansrfca an Con-
gfess assembled That, whenever the judge OF the
supreme court for any circuit, from disability alb
sentoe, the accumulation of business in the circut
court IN any district within his circuit or from his
having been OF counsel or being interest," ed in any
case pending in such circuit court or from any
other cause, shall deem it advisable that the cir
cult court in such district shall DC holden by the
Judge OF any other circuit, he may request in
writing, the Judge Of any other circuit to hold the
circuit court in such distrct during a time TO be
named IN such and bon
entered upon the journal of the circuit court so 10
be holden. And thereupon it shall be lawful for
the Judge so requested TO hold the circuit court in
suCh district and TO exercise all the powers of the
judge of such circuit within and for such district
during the time named in such request.
Sec 2. And be Il further enacted, That the
Judge Of any circuit may order any civil cause
titled into any circuit court within his circuit from
any court of the United States, be certified back
TO the court whence it came and in such case such
cause shall be proceeded in by such court, in all
respects as II the same had not been certified from
1t: Provided, That if from any cause il shall be
improper for the judge OF such court to try any
such cause certified back, the same shall be
tried By some other judge holding such court, pur-
suant to the provisions of this a3t. Whenever
by reason of death resignation, there shall be no
judge OF any circuit, the chief justice OF the SUI
prerne court of the United States may make the
requests herein provided for, which shall be oper-
alive until such circuit shall be assigned 10 anoth-
er Judge. In case of vacancy in the afliCe OF
marshal or district attorney in any circuit the
Judge OF such circuit may I'LL such vacancy, and
the person so appointed shall serve until an an
pointment shall be made by the President, aud
the appolhtee has duly qualified, and no longer
ana the marshal so appointed shall give bond as
II appointed by the President, and the bond shall
be approved by such Judge. The appointment so
made shall be IN writing, and such writing shall
be filed in the clerks office of the circuit court,
and copy thereof shall be entered upon the Jour
nal of such court The clerk of every court shall
give bond in such sum may be fixed by the
court, with sureties to be approved by the court,
and a new bond may be required wheney er the
court may deem 1t proper that such bond shall be
given. Every marshai's bond so gwen shall be
filed in the office of the clerk of the circuit court
and copy thereof entered upon the journal of
the court. copy of every bond given by a clerk
shall be entered on the journal of the court for
which he is appointed, and the bond shall be de-
posted for safe-keeping as the court may direct
certified copy of such entry shall be prima ia
ete proof of the execution of such bond and of the
contents thereof.
Sec, g. And be ii further enacted, That all acts
ana parts OF acts inconsistent with the provisions
OF this act be, and the same are hereby repealed
Approved, March g. 1868.
Chapter XCV.-An Act to facilitate the taking Of
Dispositions within the United States to be used
IN the Courts of other Countries and for other
Purposes.
BE a enacted By the Senate and House of Repre-
sentdtIreS Of the United States of Anlerca in Con-
greSs assembled, That the testimony of any wit
ness residing within the United States to be used
In any suit for the recovery of money or property
in any court in any foreign country
with which the United States are at peace, and in
Wnlen the government of such foreign country
shall be party or shall have an interest NAV be-
obtained, to be used in such suit Ii a commits
SION or letter rogatory 10 take such testimony shall
nave peen issued IRON the court in which said suit
Is pending on producing the same before the
district Judge of any district where said witness re-
sides or shall be found and on due proof being
made to such judge that the testimony of any
witness IS material to the party desiring the same,
such Judge shall issue mons to such witness
requiring him to appear b fore the officer or COM
named in such commission or letters roga
tory, to testify in such suit. Such summons shall
specify the time and place at which such witness ia
required to attend, which place shall be within one
hundred miles Of the place where said witness re-
'ldes or shall be served with said summons
sec Z. Ana be 1t further enacted, That il
my person shall refuse neglect to appear at the
anne and place mentioned in the summons
ssued IN accordance with this act, or if upon his
appearance he shall refuse to testify, he shall be
liable to the same penalties as would be incurred
Tor like offence on the trial OF suit in the dis
met court Of the United States.
sec. And be IL further enacted, That every
Witness who shall appear and testify, in manner
aforesaid, shall be allowed and shall raceivp from
he party, at whose instance he shall have been
the same fees and mileage as are al
owed TO witnesses IN suits depending in the dis
net courts of the United States
Sec. 4. And be IL further enacte9 Tbat vbep-
aver any commission letters rogatorv issued ia
a a me testimony OF any witness in foreign
ounetyl IA any suit IN which the United States
ptaj 20 "a aiase an mt rest, shall have been
yAecuted py me court or commissioner to whom
me same shall have been directed tho same shall
De returned by such court or Commissioner In tha |
MINISTER or consul Of the United States nearest the
place where said letters commission shall have
)een executed, who, on receiving the same shall |
ndorse thereon certificate, stating the time and
pace wnen and where the same was received and |
hat the SAID disposition is in the same coudition |
bp gam aF,4h 4,44 .Il+ Al
'pon transmit the i'd letters or commission, SO |
xecated and certified, by mall to the clerk of the |
curt from which the same issued, in the manner /
a Whlch ms official dispatches are transmitted to /
he Government, And the testimony OF witnesses |
o, as aforesaid, taken and returned shall be read
= evidence on the trial of the SUIT in which the I
ails shall nave been taken, without objection as to
ne method of returning the same
Approved, March 8, 1868
~ IAN Act to provide for theDs-
posal OF certain Lands therein named.
Be ii enacted BIZ the Se511fs y,,I Gya,,cs . r D.