The republic., 1851-02-21
TPuBLIc-No. ~

pose whatsoever, to be located by legal subdivi-
sons of not less than one entire section.
Approved, February ls, 1851.
[PuDLIc-No. 81
AN ACT to prescribe the mode OF obtaining evil
dence in cases OF contested elections.
BE il enacted by the Senate and House Of Repre-
seitatiues of the United States Of 4me'tca an Con-
gress assembled, That from and after the passage OF
this act, whenever any person shall Intend 10 Cpp
test an election Of any member OF the House OF ne
representatives. of the United States, he shall within
thirty days after the result OF such election shall
have been determined by the officer, or board Oh
canvassers, authorized by law to determine tins
same, give notice in writing to the member whose
seat he designs to contest, OF his intention to con-
test the same; and, in such notice, shall specify,
particularly, the grounds upon which he relies in
the contest Prorided, That in all elections for the
thirty second Congress heretofore held, any person
intending to contest the same may give notice
thereof within thirty days after the passage OF this
act.
SEC 2. And be IL further enacted, That any MEM
Der upon whom the notice mentioned in the first
section of this act may be served, shall. within
thirty days after the service thereof, answer such
notice, admitting denying the facts alleged
therein, and stating specifically any other grounds
upon which he rests the validity Of his election,
and shall serve copy OF his answer upon the con
testant.
SEC. 3. dnd be IL further enacied, That when
any such contestant or returned member shall be
desirous of obtaining testimony respecting such
election, it shall be lawful for him to make appl
cation to any judge of any court of the United
States, TO any chancellor, judge, justice of
court of record Of any State, or to any mayor, re-
corder, intendant OF any town or city, which
said officer shall reside within the Congressional
district in which such contested election was held,
who shall thereupon issue his writ Of subpoena dl-
rectcd to ali 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 man
ner hereinafter provided
SEC. 4. 44nd be IL further enacted, That every
such witness shall be duly served with such sub
poena by a copy thereof being delivered to him
her. left at his her usual place of abode, at
ieast five days before the day which the attend
ance of the witness is required Provided That
no witness shall be required to attend examina-
sion out of the county parieh in which he or she
may reside or be served with subpoena.
SEC 5. And be IL further enacted, That any per-
son summoned in the manner hereinbefore direct
ed, and refusing or neglecting to attend and tes-
tify, unless prevented by sickness, unavoidable
necessity, shall forfeit and pay the sum of twenty
dollars 10 be recovered, with costs of suit, by the
party at whose instance the subpoena issued,
and for his use, by action of debt, in any court
Of the United States; and shall also be liable to
indictment for misdemeanor and punishment by
fine and imprisonment.
SEC. 6. -And be IL further enacted That the party
at whose instance such subpoena may be issued
shall, at least ten days before the day appointed
for the examination OF the witnesses, give notice in
writing TO the opposite party of his intention to
anime witnesses which notice shall contain state
ment of the time and place of the proposed exaini-
nation the name OF the officer who shall conduct
the same, the names of the witnesses to be exam
ined, and their places of residence, which notice
shall be served by leaving copy with the person
TO be notified, or at his usual place Of abode: Pro-
rided That neither party shall give notice of taking
testimony at different places at the same time, or
without allowing interval of at least five days
between the close of taking testimony at one place
and ita commencement at another.
T. Ind be II ftlft That all wit.
nesses who shall attend in obedience to said sub
pena, or who shall attend voluntarily at the time
and place appointed, Of whose examination notice
has been given as provided in the next preceding
section, shall then and there be examined on oath
affirmation, by the magistrate who issued the
subpoena Aforesaid, or in case Of his absence by
any other such magistrate as is authorized by this
act to issue such subpoena, touching all such mat
tcrs and things respecting the election about to be
contested shall be proposed by either Of the par
ties aforesaid, or either Of them, by their
either OF their agents; and the testimony of the
witnesses, together with the questions proposed by
the parties their agents, the said magistrate is
hereby authorized and required to cause to be
duced TO writing, in his presence, and in the pres
ence Of the parties their agents, If attending,
and TO be, duly atested by the witnesses respect.
lively; after which he shall Immediately transmit
by mail the said testimony, duly certified under
his hand, and sealed up, to the Clerk of the House
OF Representatives for the time being, together with
copy of the subpoena, and ofthe notice served upon
the party as provided in the preceding secton and
SEC. 8. And be IL further enacted, That the said
magistrate shall have power TO require the produc
tion of papers, and the refusal neglect Of any
person to produce and deliver up any paper or pa
pers in his possession pertaining to said election
TO produce and deliver up certified or sworn copies
OF the in they may be official papers, he
shall be liable TO all the penalties prescribed in the
fifth section Of this act and all papers thus pro-
duced, and all certified copies OF official
papers, shall be transmitted by said magistrate with
the testimony OF wtnesses to the Clerk Of the House
of Representatives.
SEC. g. And be itfurfhsr enacted That the testi-
mony taken by the parties to the contest or either
of them, shall be confined to the proof or dsproof
Of the facts alleged or denied in the notice and an
mentioned in the first and second sec tions Of
this act, and testimony shall be taken after
tho expiration OF eixty days from the day on
which the answer of the member returned shall be
served upon the contestant, and copy Of the no.
tice Of contest, and Of the answer of the returned
member shall be prefixed 10 the depostions taken,
and transmitted with them TO the Clerk Of the
House Of Representatives Procided, That the
House may, al their discretion, allow supplement
tary evidence TO be taken after the expiration o
said sixty days.
SEC. 10. Ard be IT, further enacted, That when nc
such magistrate as is by the third section Of this
act authorized to take dispositions shall reside in tho
congressional district from which the election j.
proposed 10 be contested 1T shall be lawful for either
party TO make application 10 any two justices oi
the peace residing within the said district, who are
hereby authorized to receive such application, and
jointly TO proceed upon 1t in the manner hereinbe-
fore directed.
SEC, IL. lind be IL further enacted That every
witness attending by virtue OF such subpoena as i
herein directed TO be Issued, shall be allowed tho
sum of seventy- five cents for each day attendance
and the further sum of five cents for every mil,
necessarily travelled in going and returning which
allowance shall be ascertained and certified by tn
magistrate taking the examination, and shall b
paid by the party at whose instance such witnes
was sumrnoned; and each judge, justice, chancel
lor, mayor, recorder, intendant and justice OF tn
peace, who shall be necessarily employed pursuan
10 the provisions OF this act, and all SHERIFF. con
stables, or other officers, who may be employed u
serve any subpoena, or notice herein provided for