THIRTY-SEVENTH CONGRESS. Sess. III. Ch. 94, 95. 1863. 769 CHAP. XCIV. —·- An Act to amend an Act entitled "An Act to farther promote the Eff- March 3, 1863. ciomy ey" the Navy,” approved December twenty-one, eighteen hundred and sixty-one, and jbr other Purposes. Ame; P. `32b- Be it enacted by the Senate and [huse of Representatives of the United States of Amer2`ca in Ozmgress assembled, That any captain in the navy Any captain retired by the act entitled "An act to further promote the efficiency of *`°*l'€d» may be the navy," approved December twenty-one, eighteen hundred and sixty- g;;g;°:§dc;;£:_ one, duly recommended according to law, may be promoted to the grade done. of commodore upon the retired list. Sec. 2. And be it further enacted, That section twelve of an act en- Repeal oft 12 titled ‘* An act to establish and equalize the grades of line officers of the 2; “fgé’fl862* United States navy," approved July sixteen, eighteen hundred and sixty- Q/tm; P, 535, two, to wit: "And be it further enacted, That the three senior rear admirals shall wear a square blue flag at the mainmast head, the next three at the foremast head, and all others at the mizen," be, and the same is hereby, repealed. Approved, March 3, 1863. CHAP. XCV. - An Ac! to jlzcilitate the taking cy"Dep0sitions wilhin the United States, to March 3, 1863. be used in the Courts ty" other Countries, and jbr other Purposes. _’;""‘ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the testimony of any wit- _Testimqny of ness residing within the United States, to be used in any suit for the gmgasgtgfeghe recovery of money or property depending in any court in any foreign may be taken tn country with which the United States are at peace, and in which the be ‘{S°<li¤ ¤¤i*§i¤ government of such foreign country shall be a party or shall have an fmlgu °°`mm”' interest, may be obtained, to be used in such suit. If a commission or Mode of pro- Ietters rogatory to take such testimony shall have been issued from the °°d“*‘°· 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 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 2. summons to such witness requiring him to appear before the officer Summons. 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 or shall be served with said summons. Sec. 2. And be it further enacted, That if any person shall refuse or _Pe¤¤Ity on neglect to appear at the time and place mentioned in the summons issued, w’°“°s? {fr “°° _ _ _ _ _ appearing, or rem accordance with this act, or if} upon his appearance, he shall refuse to fusing to testify. ‘ testify, he shall be liable to the same penalties as would be incurred for a like ofl"ence on the trial of a suit in the district court of the United States. ' Sec. 3. And be it further enacted, That every witness who shall ap- Fees ond mile-
- pear and testify, in manner aforesaid, shall be allowed and shall receive °g° °f ""m°"°°'
~ from the party, at whose instance he shall have been summoned, the same tees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. SEO. 4. And be it further enacted, That whenever any commission or Commissions létters rogatory, issued to take the testimony of any witness in a foreign 4 country, in any suit in which the United States are parties or have an ,~0,s;g,, c(,.,,,t,;.»,S iUlZ€I’8SI, shall have been executed by the court or the commissioner to in smtsin which
whom the same shall have been directed, the same shall be returned by 3;: g;?;? §§;€°
B¤0l1 00urt or commissioner to the minister or consul of the United States returned. l < nearest the place where said letters or commission shall have been cx— _ ecuted, who, on receiving the same, shall indorse thereon a certificate,
stating the time and place when and where the same was received; and vox,. xu. Pm;.-97 `
