Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

school lands IN said Territories and for other purposes
BE enacted By the Senate and House of Representatives
81 the United States of america in Congress assembled,
That the Governors and Legislative Assemblies of the Terri
tories OF Oregon and Minnesota be and they hereby
to make such laws and needu regulations they shall
deem most exPedent protect from injury and
numbered sixteen and thrysix in said Territories reserved
in each township for the support Of schools therein
Sec. And be further enacted That the Secretary of
Interior be and be 10 hereby authorized and directed to
set apart and from sale any Of the public lands
within the Territory Of Minnesota to which the Indian title
has been may be exnguished and not otherwise sppo
prated quantity of land exceeding two snrstownshp
or the use and support Of university in said Territory and
| subdivisions Of not less than one entire section.
Approved, February 10, 1851.
lPUBLIc-No 81
AN ACT prescribe the mode Of obtaining evidence in
cases Of contested elections.
Be enacted by the Senate and House of Representatives.
Of the United States Of America in Congress assembled,
That from and after the passage of this act whenever any
shall intend to contest election member Of the
result q sucs election shah have been
determined BY the officer board Of authorized
member whose seat he designs contest Of his intention
contest the same and in such notice. shall specify paricu
larry the grounds upon which he relies in the contest Pro-
rded, That in all elections for the thirty second Congress
heretofore held any person intending contest the same
may give notice thereof within thirty days after the passage
Of this act.
Sec. 2 And be further enacted, That any member up
on whom the notice mentioned in the first section Of this
may be served SHALL within thirty days after the service
thereof answer such notice. admitting denying the facts
alege dtheren, and stating specifically any other grounds
upon which he rests the validity Of bis election and shall
| serve copy Of his answer upon the contestant.
Sec 8. and be II further enacted That when any such
contestant returned member shall be DESTROYS of obtaining
testimony respecting such election it shall be lawful for him
make application to any judge Of court Of the Uated
States or to any chancellor Judge, justice of Of
tn IF
any town or city, which said officer shall reside within the
Congressional district in which such contested election
held who shall thereupon issue his writ of subpoena directed
oil such witnesses shall be named to him. requiring the
attendance of such witnesses before him at some time and
place named in the subpoena in order to be then and there
examined respecting the said contested election in the
ner hereinafter provided
Sec. 4. and be further enacted That every such wit
ness shall be duly served with such subpoena copy there
Of being delivered to him her. left his her usual
abode at least five days before the day which the
witness shall be Repaired attend examination of the
county or parish in which be she may reside be served
with subpoena.
Sec s. And Be further enacted Tha. any persons sum.
mooed in the manner herenbefore directed and refusing
negectng TO attend and testify unless prevented by sickness
or unavoidable necessity shall forfeit and pay the of
twenty dollars to be recovered with costs of suit by the
party OF whose instance the subpoena issued and for bis
use by an action OF debt any Of the United States
and shall also be liable Indictment for msdemeanor
and punishment by fine and imprisonment
Sec. g. And be further enacted That the party whose
instance such subpoena may be issued shall days
before the day appointed for the the witnesses
give notice in writing to the opposite party of his intention to
examine Witnesses which notice shall contain statement Of
the time and place Of the proposed examinations the of
the officer who shall conduct the same the Of the wit
to be examined and their places Of residence, which
notice shall be served by leaving copy with the person be
notified Or at his usual place of abode Provided, That ne
Their party shall give notice Of taking testimony at different
places at the me without allowing interval Of at
least five days between the close Of taking testimony at one
place and its commencement at another.
Sec T. and be it further enacted That all witnesses who
shall attend in obedience to said subpoena, who shall at
tend voluntarily at the time and place appointed Of whose
animation notice has been given provided in the next pre-
cedng section shall then and there be examined oath
affirmation by the magistrate who issued the subpoena afore
said or in of his absence any other such magistrate
authorized by this act to issue such subpoena, touching all
such matters and things respecting the election about to be
contested shall be proposed by either Of the parties aore
said, either of them, by their either Of their agents
and the testimony Of the Witnesses together with the ques
tons proposed by the parties their agents. the said mag
hereby authorized and required be reduced
writing in hi. presence and in the Of the parties
their agents. if attending, and to be duly attesed by the
witnesses respectively after which he shall immediately
init by mail the said testimony duly certified under his hand
and sealed to the Clerk of the House Of Representatives
the time being, together with copy of the subj ena and
Of the notice served upon the party provided in the proceed
ing section, and of the proof Of the service of such notice.
Sec. g.. And be Il further enacted, That the said mags-
ate shall have power to require the production of papers,
liver up any paper papers in his possession pertaining
said election to produce and deliver up certified
copies Of the in they may be official papers, be shall
be liable to all the penalties prescribed in the fifth section Of
this act, and all papers thus Produced and all certified
copies Of official papers, shall be transmitted by said
magistrate with the testimony of witnesses the Clerk Of the
House OF Representatives.
Sec. 8. And be further enacted, That the testimony
taken by the parties the contest either Of Them shall be
confined the proof dproof Of the alleged or denied
the notice and mentioned in the first and second
sections Of this act and testimony shall be taken after the
expiration Of sixty days from the day on which the answer of
member returned shall be served upon the contestant and
copy Of the notice Of contest, and Of the of the
returned member shall be pexed the dispositions aken
and transmitted with them TO the Csrk Of the House Of Rep
resenaves Provided That the House may at their dis
creon, allow supplementary evidence be taken after the
expiration Of said sixty days.
Sec 10. And be further enacted, That when such
magistrate by the third section Of this act authorized
take dispositions shall reside in the Congressional district from
which the election proposed to be contested shall be law
fu for either party to mako application any justices Of
the Peace residing within The said district who hereby au-
thonzed to receive such application, and jointly to proceed
upon It in the manner herenbefore directed.
Sec ii. And be further enacted That every witness
attending by virtue Of such subpoena herein directed to
be ssucd shall be allowed the Of seventy five cents for
each days attendance and the further OF five cents for
mile necessarily travelled in going and retn nine which
allowance shall be ascertained and certified by The magistrates
taking the examination and shall be paid by the pary
whose instance such witness summoned and each judge,
justice, chancellor mayor recorder inendant and justice OF
the peace who shall be necessarily employed to the
provisions Of this act and all she consables or other OH
who may lie employed to any subpoena or notice
L .h.Itbo