Page:United States Statutes at Large Volume 10.djvu/633

 THIRTY-THIRD CONGRESS. Sxcss. II. Ch. 122. 1855. 613 Sm;. 3. And be it further enacted, That the said court shall have au- Rum and fag_ thority to establish rules and regulations for its government; to appoint Motions. commissioners to take testimony to be used in the investigation of claims Commissioners that may come before it; to prescribe the fees they shall receive for their *0 ***6 *°¤*i‘ services, and to issue commissions for the taking of such testimony, whether mony' the same shall be taken at the instance of the claimant, or of tl1c‘United States, and also to issue subpoenas to require the attendance of witnesses S¤bp<><>¤¢w· in order to be examined before such commissioners; which subpoenas shall have the same force, as if issued from a district court of the United States, anll compliance therewith shall be compelled under such rules and orders as the court hereby created shall establish. When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and D<>P<>Sm<>¤¤- the cost of tho commission and notice, shall be paid by such claimant; and when taken at the instance of the government, such fees, together with all postage incurred by the solicitor aforesaid in his official capacity, shall be paid out of the contingent fund provided for said court. In all cases, when it can be conveniently done, the testimony shall be taken in the county where the deponent resides ; and the commissioner taking the same is hereby authorized and required to administer an oath or affirmation to the witnesses brought before him for examination. Sec. 4. And be it further enacted, That in all cases where it shall Court muym appear to the court that the facts set forth in the petition of the claimant gféfgfslgg Q;' do not furnish any ground for relief, it shall not be the duty of the court mn cms, to authorize the taking of any testimony in the case, until the same shall have been reported by them to Congress, as is hereinafter provided: Provided, however, That if Congress shall, in such case, fail to confirm the opinion of said board, they shall proceed to tal-no the testimony in such case. Sec. 5. And be it further enacted, That in taking testimony to be crosssxuminw used in support of any claim before said court, opportunity shall be given ti°¤· to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe, and like opportunity shall be afforded the claimant in cases where testimony is taken on behalf of the United States under like regulations. Sec. 6. And be it further enacted, That if any person shall knowingly Penalty for and wilfully swear falsely before said court, or before any person or f*‘lS° *“""“"“€· persons commissioned by them, or authorized by this act to take testimony in a case pending before said court at the time of taking said oath, or in a, case thereafter to be submitted to said court, such person shall be deemed guilty of perjury, and, on conviction thereof, shall be subjected to the same pains, penalties, and disabilities whikzh now are, or shall be hereafter, by law prescribed for wilful and corrupt perjury. Sec. 7. And be it further enacted, That said court shall keep a. record Record to be of their proceedings, and shall, at the commencement of each session of 1;;*%; :]“£h*°P°”· Congress, and at the commencement of each month during the session of ' Congress, report to Congress the cases upon which they shall have finally acted, stating in each the material facts which they find established by the evidence, with their opinion in the case, and the reasons upon which such opinion is founded. Any judge who may dissent from the Dlssenting opinion of the majority shall append his reasons for such dissent to the °P‘“‘°”S· report; and such report, together with the briefs of the solicitor and of the claimant, which shall accompany the report, upon being made to £•;ggf*¤ *0 M either house of Congress, shall be printed in the same manner es other P ‘ public documents. And said court shall prepare a. bill or bills m those Court to pmcuses which shall have received the favorable decision thereon in such Pm *f*“°· {01*111 as, if enacted, will carry the same into efect. And two OI' m01‘€ g£Eg;g¤§·Yb° cases may be embraced in the same bill, where the separate amount pro- ' posed to be allowed in each case shall be less than one thousand tlollars. Testimony to And the said court shall transmit with said reports the testimony m each be reported.