Year: 1867

CHAP. 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 Pur.


poses.


Be itenacted by the Senate and House of Rep
resentatves of the United States of America 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 government of such for
eign country shall be party or shall have an in
tcrcSt, may be obtained, to be used in such suit.
If Il commission or letters rog;itory to take such
testimony shall have been issued from the court
in which said suit is pending, on producing the
same before the district judge of any district
where said witness resides or shall be found, and
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 sum-
mons to such witness requiring him TO appear
before the officer or commissioner 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 required to attend,
which place shall be within one hundred miles OF
the place where said witness resides shall be
served with said summons


Sec. =. And be it further enacted, That if any
person shall refuse or neglect to appear at the
time and place mentioned in the summons issued,
in accordance with this act, or if upon his APP
pcarance he shall refuse to testify he shall be LA
bic to the same penalties would be incurred for
like offence on the trial of suit in the district
court of the United States.


Sec. 3. And be it further enacted, That every
witness who shall appear and testify, in manner
aforesaid shall be allowed and shall receive from
the party, at whose instance he shall have been
summoned, the same fees and mileage as are al
lowed to witnesses in suits depending in the dis
trict courts of the United States.


Sec. 4. And be it further enacted, That when
ever any commission letters rogatory, issued
to take the testimony ofany witness in foreign
country, in any suit in which the United States
are parties or have an intereat, shall have been
executed by the court 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 commission
shall have been executed who, on receiving the
same, shall indOrse 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 thereupon 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 transmitted to the Government
And the testimony of witnesses SO, 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 to the method
of returning the same


Approved, March 3, 1863


CHAP XCVI.


An Act to establish Branch Mint the United


SldlCS Ill tuC VI iNCNduu.


Be it enacted by the Senate and House of Rep
resentatves of the United States of America in
Congress assembled, That a branch of the mint
of the United States be located and established at
Carson City, in the Territory of Nevada, for the
coinage of gold and silver.


Sec 2 And be it further enacted That, for car
rying on the busiress of said branch, the follow
ing officers shall be appointed, as soon as the pub
lie interest shall require their service, upon the
nomination of the President, by and with the ad
vice and consent of the Senate, namely: one su-





and one cOiner; and the said superintendent shall
employ many clerks, subordinate workmen,
and laborers, under the direction of the Secretary
of the Treasury, as may be required The sala-
ries of the said officers shall be follows To the
superintendent, the sum of two thousand dollars;
to the assayer, the sum of eighteen hundred dol
lars to the meltcr and retiner, eighteen hundred
dollars to the clerks, subordinate workmen, and
laborers, such wagons and allowances as are GUS
tomary, according to their respective stations
and occupations.


Sec 3. And be it further enacted, That the
officers and clerks to be appointed under this act,
before entering upon the execution OF their offices,
shall take an oath affirmation, before some
Judge of the United States or of the supreme
court of said Territory, faithfully and diligently
to perform the duties of their offices, and shall
each become bound to the Cnited States of Amer
ica with one more sureties, to the satisfaction
of the director of the mint or the secretary of the
Territory of Nevada, and of the Secretary of the
Treasury, with the condition of the faithful per-
formance of the duties of their offices.


Sec f. And be it further enacted That the Igen-
eral direction of the business of said branch of
the mint of the United States shall be under the
control and regulation of the director of the mint
at Philadelphia, subject to the appreciation OF the
Secretary of the Treasury; and for that purpose
it shall be the duty Of the said director to pre-
scribe such regulations and require such returns
periodically and occasionally, and to establish
such charges for parting, assaying, refining and
coming, as shall appear to him to be necessary for
the purpose of carrying into effect the intention
of this act in establishing said branch; also for
the purpose of preserving uniformity of weight,
form, and finish in the coin stamped at said
branch.


Sec. 5. And be it further enacted, That the
said mint shall be place of deposit for such pub
lie moneys the Secretary of the Treasury may
direct. And the superintendent of said branch
mint, who shall perform the duties of treasurer
thereof, shall have the custody of the same, and
also perform the duties of assistant treasurer;
and for that purpose shall be subject to all the
provisions contained in an act entitled can act
to provide for the better organization of the treas
ury, and for the collection, safe-keepng, trans
fer, and disbursement Of the public revenue" ap-
proved August six, eighteen hundred and forty
six, which relates to the treasury of the branch