Chapter LI. *to provide for taking Testimony to be used before the Departments*
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CHAP. LI.— An Act *to provide for taking Testimony to be used before the Departments*. Feb. 14, 1871. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Depositions of witnesses may be taken for use in cases of claims against the United States pending in any department or bureau.Mode of taking. That any head of a department or bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for any witness residing or being within the jurisdiction of such court, to appear at a time and place in said subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with said application, or to be orally Penalty upon witness for refusal to appear, &c.examined and cross-examined upon the subject of such claim ; and if any witness, after being duly served with such subpoena, shall neglect or refuse to appear, or appearing shall refuse to testify, the judge of the district in which the subpoena issued may proceed upon proper process to enforce obedience to the process, or to punish the disobedience, in like manner as any court of the United States may do in case of process of Pay of witnesses.subpoena ad testificandum issued by such court; and witnesses in such case shall be allowed the same compensation as is allowed witnesses in the courts of the United States.
Sec. 2. Penalty for perjury.*And be it further enacted*, That if any witness who shall be duly sworn and examined under the provisions of this act shall be guilty of intentional false swearing in his testimony, he shall be deemed guilty of the crime of perjury, and on conviction thereof shall be punished in the same manner and to the same extent as is provided against perjury committed in the courts of the United States. Sec. 3. Services of counsel for the United States at such examination to be provided by the Attorney-General if, &c.*And be it further enacted*, That whenever any head of a department or bureau shall make application to take testimony under this act, and shall be of opinion that the interests of the United States require the attendance of counsel at the examination, or if he shall be of opinion that the interests of the United States require legal investigation of such claim, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attending such examination, or making such investigation ; and it shall be the duty of the Attorney-General to provide for such service.
Approved, February 14, 1871.