Chapter CXLVI. to perpetuate Testimony in the Courts of the United States
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CHAP. CXLVI.— An Act to perpetuate Testimony in the Courts of the United States.May 9, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatDepositions de bene esse in civil cases in United States courts to be taken upon what notice;1789, ch 20, § 30.Vol. i. p. 88;in cases in rem;where there is no attorney of record.Power of court not limited hereby. hereafter all depositions taken de bene esse, to be used in any civil cause depending in any court in any distinct of the United States, for the causes and before the officers mentioned in section thirty of the “Act to establish the judicial courts of the United States,” approved September twenty-fourth, seventeen hundred and eighty-nine, shall be taken upon reasonable notice, to be given in 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 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 the district and want of an attorney of record or other reason, the giving of the notice herein required shall be impracticable it shall be lawful to 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 to90FORTY-SECOND CONGRESS. Sess. II. Ch. 146–149. 1872. affect the power of any such court to cause testimony to be taken under commission, according to the course of the common law, to be used therein. Approved, May 9, 1872.