Year: 1863

PrBLIC-NO. 95.


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 It enacted by the Senate and House, Of
Representatives. Of the United States of An.er-
ica IN Congress assembled, That the testi-
mony of any witness residing within the Uni
ted States, to be use in any suit for the re-
covery OF money or property depending in
any court in any foreign country with which
the United States arc at peace, and in which
the government of such foreign country shall
be party or shall have an interest, may be
obtained, to be used in such suit. If COM
mission or letters rogatory to take such testi-
mony shall have been issued from the court
in which such suit is pending, on producing
the same before the district judge Of any
district where said witness resides or shall
be found, and on due proof being made to
such judge that the testimony of any wit
ness is material to the party desiring the
same, such judge shall issue summons to
such witness requiring him to apnca: 1-"re
the officer or co~,..IsoiUner named In such
commission or letters rogatory. to testify in
such suit. Such summons shall specify the
time and place at which such witness is re-
quircd to attend, which place shall be within
one hundred miles of the place where said
witness resides or shall be served with said
summons.


Sec. 2. Ind be it .farfher enacted, That
if any person shall refuse or neglect to ap-
pear at the time and place mentioned in the
summons issued, in 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 a like ofensc on
the trial of suit in the district court of the
United States.


Sec. 3. 14md he IL further enacted, That
every witness who shall appear and testify.
in msnner aforesaid, shall be allowed and
shall receive from the party, at whose in
stance he shall have been summoned, the
same fees and mileage as are allowed to wit
ncsscs in suits depending in the district
courts Of the United States.


Sec 4. And be- 1t .fxrther enacted, That
whenever any commission or letters rogatory,
issued to take the testimony Of any witness
in foreign country, in any suit in which the
United States are parties or have nm interest.
shall have been executed by the court or the
commissioner to whom the same shall have
been directed, the same shall be returned by
such court or commissioner to the minister
or consul of the United States nearest the
place where said letters or commission shall
have been executed, who, ON rect wing the
same, shall endorse thereon certificate,
stating the time and place when and where
the same was received; and that the said
deposition is in the same condition as when
he received the same and he shall thercupon
transmit the said letters or commission, SO
executed and certified, by mail, to the clerk
OF the court from which the same issued, in
the manner in which his official dispatches
are transmitted to the Government. And
the testimony of witnesses so, as aforesaid,
taken and returned, shall be read as evidence
on the trial of the suit in which the same
shall have been taken, without objection as
to the method Of returning the same.


APPROVED, March 3, 1868.


PuBLIC-No. 96.


An Act to establish Branch Mint Of the


United States in the Territory of Me-


vada.


BE it enacted Jy the Senate and House Of
Representatives eftAe United States Of A'nerA
ica in C0xgress assembled, That a branch
Of the mint of the United States be located
and established at Carson City. in the Ter
ritory Of Nevada, for the coinage Of gold