Page:United States Statutes at Large Volume 20.djvu/304

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FORTY-FIFTH CONGRESS. Sess. III. Ch. 40. 1879. 279 place, and object of such examination, and request his attendance in behalf of the government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination. Sec. 2. It shall be the duty of the marshal of the United States for Dutyofmarshal. the district in which the testimony ‘is to be taken to serve, or cause to be served, all subpcenas issued in behalf of the United States under this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subptenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other P<>W<>P¤, etc-, ef person to serve any subpcnna. Such master shall have full power to “‘““°’· administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such circuit courts; and all such tees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate set— ting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers se- - curely, direct them to the chairman of such committee at YVashington, stating briefly on the outside the nature of the contents, and place the same in the post-office, paying the postage thereon; {l11d said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this act shall, Noting to Army. at least ten days before the time fixed for such examination, and within nay-General. . two days after the adoption of such order, cause a copy thereof to he directed and delivered to the Attorney-General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testi1nony is to be taken, who may, and, if required by the Attorney-General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney-General shall direct. Approved, February 3, 1879.