Page:United States Statutes at Large Volume 13.djvu/557

THIRTY—EIGHTH CONGRESS. Sess. II. Ch. 106, 107. 1865. 529 from your personal knowledge, and what from information, and the source of that information? If not, now show what is from infomation, and give its source. 2. State everything you know concerning this case favorable to either the government or the defendant. Sec. 5. And be vftfurther enacted, That the notice and copy of inter- _ Service of norogatories may be served and returned in the same manner and by the m*;r*;g_*};gl_g_;°f same officers or persons as is provided by law for the service and return ° “° of a summons or subpcena in civil actions within the District of Columbia. Sec. 6. And be it further enacted, That the commission shall issue in commission, the name of the criminal court, and under its seal, and must be signed hgw *0 lS*¤¤‘~ imd by the clerk, and need contain nothing but the authority conferred upon W M °° °°m°“°' the commissioner and instructions to guide him, a statement of the cause in which the testimony is to be used, and a copy of all the interrogatories tiled appended. Sec. 7. And be it further enacted, That the person before whom any Duties of the of the depositions above contemplated are taken must cause the inter- °°‘“““”“‘°"°'· rogatories appended to the commission to be written out, and the answers thereto to be inserted immediately underneath the respective questions; the whole, when completed, being read over by or to the witness, must be by him or her subscribed and sworn to in the usual manner. Sec. 8. And be it fu·rther enacted, That all exhibits produced before Exhibnstobo the person taking the deposition, or proved or referred to by any witness, "PP°"‘l°‘l· or correct copies thereof, must be appended to the depositions, and returned with them, unless sufficient reasons be shown for not so doing. Sec. 9. And be it further enacted, That the person taking the deposi- Commissioner tion shall attach his certificate thereto, stating that it was subscribed and g’h°**;°b M8 °°'· sworn to by the deponent at the time and place therein mentioned; the gzngents of whole, including the commission and interrogatories, must then_ be sealed mq5cm_ up and returned to the clerk of the criminal court of the District of Return. Columbia, by mail, unless the defendant and the district attorney agree upon some other mode; and, when received by said clerk, he shall open the package and place the deposition on file in his office. Sec. 10. And be it further enacted, That unimportant deviations from Substantial any of the above directions shall not cause the deposition to be excluded §‘;;*;{’:F“'*;’j Wim where no substantial prejudice could be wrought to the government by ,um`§,i:;;_ ° ° - such deviation. Sec. 11. And be it further enacted, That, subject to the regulations Ccurtmay hereinbefcre contained, the court may establish further rules for taking fQf’;;l'“" f"‘“'°' depositions and all other acts connected therewith. Approved, March 3, 1865. CHL?. CVII. -·-An Act sE_pZexuen»taZ to the Act approved first Ldy, eighteen hundred March 3, 1865. gefnzpwbur, “jbr the qoosal q/' Goal Lands and of Toum Property in the Public ` Ante, .34:8. Bc it enacted by the- Senate and House of Representatives of the United P States of America in Uangress assembled, That in the case of any citizen Citizens mt. of the United States who, at the passage of this act, may be in the business }:‘l;g’uf';§;"§;d of bona tide actual coal-mining on the public lands, except on lands re- 0,, Dum, yung, served by the President of the United States for public uses, for purposes mw enter i60 of commerce, such citizen, upon making proof satisfactory to the register zgrigrzf $20 and receiver to that edect, shall have the right to enter, according to legal subdivisions, a quantity of land not exceeding one hundred and sixty acres, to embrace his improvements and mining premises, at the minimum price of twenty dollars per acre, fixed in the coal and town property act of first July, eighteen hundred and sixty-four: Provided, That where the mining 1),,,0,;,,,,,0,, of improvements and premises are on land surveyed at the passage of this premises, when act, a sworn declaratory statement descriptive of the tract and premises, °° l’° m°d‘ showing also the extent and character of the improvements, shall be tiled v01.. xm. Pun.- 45