Page:United States Statutes at Large Volume 17.djvu/129

 FORTY—SECOND CONGRESS. Sess. II. Ch. 144, 145, 146. 1872. 89 time of one year in which to make final proof and payment from the time additional to at which such pre-emptions are required to be paid for by the present £:k° 6****1 P'°°*? laws. ' APPROVED, May 9, 1872. CHA]?. CXLV. —An Act for the Relief of Purchasers ry Lands cohifor direc: Taxes in May 9, 1872. the irusurrectionaijq States. ”**" Be it enacted [ry the Senate and House of Representatives of the Mzited States of America in Congress assembled, That no owner, his heirs or Lgndsininsurassigns, of any land sold for taxes under the provisions of the act entitled r¢i§¤<1;¤¤g>r 52**% "An act for the collection of direct taxes in the insurrectionary districts igxesiotligcbo within the United States, and for other purposes,"' approved June seventh, recovered in proeighteen hundred and sixty-two, and of the acts amendatory there0i§ shall f§:d’fl§;h;€*;‘rQ“* be permitted to recover the same in any action or proceeding against the &c_,pw;ty,0u; ’ purchaser at such sale, his heirs or assigns, without showing, in addition to ¤h<>Wi¤g. &<=· other necessary facts, that all taxes, costs, and penalties due upon the said V£6§ifhé_9fé2_ land, at the time of the sale, have been paid by him or them, or bringing 1863, ch. 21. into court and depositing with the clerk, for the use of the United States, V;’éb;‘u·hP-SEW- the amount, with interest, of the taxes and penalties due to the United V01_xfifIj_551_ States on acconmt of the land when sold, together with all the costs and expenses of the sale, which sum, in case of the recovery of the land by such owner, his heirs or assigns, shall be paid by the clerk into the treasury of the United States. Sec. 2. That in all mses where the owner of any land sold for taxes rurchasers, as aforesaid, his heirs or assigns, shall recover the same from the purchaser, f;flfdbf’°QC;“°h his heirs or assigns, without collusion on his or their part, by the judgment um,ugi,>}§,ii.,,2 of any United States court, by reason of a failure, without his or their ¢>f'§ifl¤. E0 bereihult or neglect, of the title of the purchaser derived from said sale, the gggggfgggyrgf Secretary of the Treasury, on the payment into the treasury, by the clerk, &e.’ of the money deposited with him as aforesaid, and on being satisfied that 18g€¤¤;¤g§$· 9 any purchaser, his heirs or assigns, without his or their collusion, has been pgsg i,_ B52?] ' evicted from or turned out of possession of any such land by the judgment of any United States court, in the manner before mentioned, is hereby authorized, out of any money in the treasury not otherwise appropriated, to repay to the person or persons entitled thereto a. sum of money equal to that originally paid by the purchaser of the land so recovered, if the same has been paid into the treasury. Approved, May 9, 1872. CHAP. CXLVI.-—An Act to perpetuate Testimony in the Courts of the United States. MW 9. 1872- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter all depositions D*>P<>Si*{°¤¤_d? taken de bene esse, to be used in any civil cause depending in' any court in gig; °;;s°{;fk§Q"l any district of the United States, for the causes and beibre the officers States courts to mentioned in section thirty of the “Act to establish the judicial courts of b°h";k°"u“Pf’” the United States," approved September twenty-fourth, seventeen hundred ¥8z§_;`§°_ rig]; S0_ and eighty-nine, shall be taken upon reasonable notice, to be given in V<>rrp.88; writing by the party or his attorney proposing to take such deposition, to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition; and in all cases in rem, the person having the agency or possession of the m°*¤°¤i¤’°¤*? property at the time of seizure shall be deemed the adverse party, until a claim shall have been put in ; and whenever, by reason of the absence from where there is the district and went of an attorney of record or other reason, the giving “° ";;§‘:'°°Y °f of the notice herein required shell be impracticable it shall be lawful to mw take such depositions as there shall be urgent necessity for taking, upon such notice as any judge authorized to hold courts in such circuit or district shall think reasonable and direct. But this act shall not be construed to Power ¤f ¤¤¤¤¤