Page:United States Statutes at Large Volume 20.djvu/303

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278 ronrr-rrrrn conennss. sms. ru. ou. s0, 40. ism. ment, in the same manner as if the original record remained in said court. And in all cases where any of the iiles, papers, or records of any court of the United States have been or shall be lost or destroyed, the tiles, records, and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, tiles, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to. — R. s. 904. Sec. 3. That section nine hundred and four of said Revised Statutes be amended so as to read as follows: S,,,,,,. Si,i,j€,,,,_ That whenever any of the records or nles in which the United States are interested of any court of the United States have been or may be lost or destroyed, it shall be the duty of the attorney of the United States for the district or court to which such nles and records belong, so iar as the judges of such courts respectively shall deem it essential to the interests of the United States that such records and files to be restored or supplied, to take such steps, under the direction of said judges, as may be necessary to effect such restoration or substitution, including such dockets, indices, and other books and papers as said judges shall think proper. Said judges may direct the performance, by the clerks of said courts respectively and by the United States attorneys, of any duties incident thereto; and said clerks and attorneys shall be allowed such compensation for services in the matter and ior lawful disbursements as may be approved by the Attorney-General of the United States, upon a certincate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of thejudiciary fund. Approved, January 31, 1879. p,.1,_3_ I57g_ CHAP. 40.-An act to provide for taking testimony, to be used before Congress, in -—;— cases of private claims against the United States. Be it enacted by the Senate and House of Representatives of the United jrosrlmony in States of America in Congress assembled, That any committee of either {?“f*g° Qmjms b°· house of Congress before which any private claim against the United UN °"*=“SS` States may at any time be pending, being first thereto authorized by Hm`- mken. the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, betbre any standing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken. Such Form of order. master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, aud, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if Noticeto private known, shall proceed to give to such privatc parties reasonable notice p=¤‘ti·=‘¤· of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private subpoenas. party. And such master shall issue subpoenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter ' mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such Promo. judicial district as they may desire: Provided, That the United States shall not be liable for the tees of any officer for serving any subpoena for any private party, nor for the fees of any witness on behalf of such Notice io district party. Said committee may inform the district attorney of the United attorney. States for the district where the testimony is to be taken of the time,