BE IT ENACTED by the Senate and House of Representatives of the United States of America
in Congress assembled,
^[^THATall judges and justices of the United States Courts, and all American ministers abroad,
and consuls, are authorized to examine witnesses, and take testimony ex parte to be
perpetuated in all cases where it may be desired by the head of one of the departments
of the general government of the United States, or by the Commissioner of the General
Land Office, or the Solicitor of the Treasury, in relation to the title of lands claimed
by, or under, the United States, to be used by the United States, or their grantee
or person claiming under them,—such testimony shall be take on written interrogatories
by the Solicitor of the Treasury, to be approved by the Attorney General: such testimony
of witnesses shall be taken after they are duly sworn, or affirmed, to speak the truth,
the whole truth, and nothing but the truth, and together with the interrogatories,
when signed by the witnesses and certified by one of the said judges or justices,
or by such minister or consul, to have been taken in pursuance of this law, shall
be sealed up and directed to the Solicitor of the Treasury, and be by him filed and
recorded in a book to be kept by him in his office for that purpose. A copy of said
interrogatories and testimony, or of the record thereof, under the hand and official
seal of said solicitor, may be read in all the courts where the title of lands claimed
by, or under, the United States, may come in question, and when so read in evidence,
shall have the same effect, and no other, as the oral testimony of the witness would
have, if given on a trial; and every objection to the competency or credibility of
such witness, or the relevancy of any question put to him, or any answer given by
<Page 2>
him, may be made in the same manner as if such witness were under personal examination
on such trial.^]^
^[^
Sec. 2. And be it further enacted,^]^ That it may and shall be lawful for the keepers, or persons having the custody of
laws, judgments, orders, decrees, journals, cor respondence, or other public documents
of any foreign government or its agents, relating to the title to lands claimed by,
or under, the United States, on the application of the head of any one of the departments,
the Solicitor of the Treasury, or the Commissioner of the General Land Office, to
authenticate the same under his hand and seal, and certify the same to be correct
and true copies of such laws, judgments, orders, decrees, journals, correspondence,
or other public documents; and when the same shall be certified by such minister,
consul, or judge, mentioned in the first section of this act, under his hand and seal
of office, to be true copies of the originals, the same shall be sealed up by him
and returned to the Solicitor of the Treasury, who shall filed the same in his office
and cause it to be recorded in a book to be kept for that purpose. A copy of said
laws, judgments, orders, decrees, journals, correspondence, or other public documents,
so filed, or of the same so recorded in said book, may be read in evidence in all
courts where the title to land claimed by, or under, the United States may come into
question equally with the originals thereof.
Sec. ^[^3.^]^^2^ And be it further enacted, That the Solicitor of the Treasury shall cause a seal
to be made and provided for his office, with such device as the President of the United
States shall approve; and copies of any public
documents, records, books, or papers, belonging to, or on the files of the said office,
under the signature of the said Solicitor, or, when the office shall be vacant, under
the signature of such officer as may be
<Page 3>
officiating for the time being, accompanied by an impress of the said seal, shall
be competent evidence in all cases equally with the original records, documents, books
or papers.
Sec. ^[^4.^]^^3^ And be it further enacted, That all books, papers, documents, and records in the
War, Navy, Treasury, and Post Office Departments, and the Attorney
General’s Office, may be copied and certified under seal in the same manner as those
in the State Department may now by law be, and with the same force and effect, and
the
said Attorney General shall cause a seal to be made and
provided for his office with such device as the President
of the United States shall approve.
[ certification
]
04/14/1848
Secretary.
04/14/1848
Passed the Senate, June 21, 1848
Attest
Asbury Dickins–Attest
Secretary.
<Page 4>
[ docketing
]
Judiciary
[ docketing
]
S._20.
An act ^for authenticating^ ^[^concerning testimony.^]^
An act ^for authenticating^ ^[^concerning testimony.^]^
[ docketing
]
HR Judiciary
[ certification
]
01/31/1849
Clerk
01/31/1849
In the House of Representatives
31st January 1849.
Resolved That this Bill do pass with amendments.
Attest.
Tho. J Campbell31st January 1849.
Resolved That this Bill do pass with amendments.
Attest.
Clerk
[ docketing
]
Judy
[ docketing
]
no papers.
[ docketing
]
10 Butler
Concurred
Concurred
[ docketing
]
17 Feb 1949 Exd by | Mr Rusk S |
"Robinson H.R |
<Page 5>
ThirtiethCongress.
SecondSession.
Congress of the United States.
In the House of Representatives.
SecondSession.
Congress of the United States.
In the House of Representatives.
Resolved That the Bill from Senate (No. 20) entitled “An Actconcerning testimony. do pass with the following
Amendment
1Strike of the first Section.
2Strike out the words. “Sec:2” and insert in the place thereof “Sec:1.” and strike out the word “further”, in the enacting clause of Sec. 2. Senate Bill.
3d.Strike out the words “Sec.3.” and insert in the place thereof “Sec. 2.”
4.Strike out the words “Sec.4.” and insert in the place thereof, “Sec. 3.”
5.Amend the title to the Senate Bill by striking out the words “An Act concerning testimony”.
and substituting the following as the title, “An act for authenticating certain records”
Attest
Tho. J CampbellClerk.
<Page 6>
[ docketing
]
S. 20.
Amendments.
Amendments.
Partially Printed Document, 6 page(s), Volume 468, RG 46, Entry 427: Records of the United States Senate, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the Senate, Senate Bills and Resolutions Upon Which Further Action Was Taken, 1847-1849, NAB