The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-02-04
GENERAL NATURE-No. 81

GENERAL NATURE-No. 81
AN ACT supplemental to and amendatory Of an act
emit led IAN act to prescribe the mode of obtain
ing evidence in cases of contested elections" APP
proved February nineteen, eighteen hundred and
hfty-one.
Be IL enacted By the Senate and House of Repre-
ssntatires Of the United States Of AMERICA in Con-
qress assembled That all contested election cases
the time allowed for taking testimony shall be ninety
days. aud the ties imony shall be taken In the follow
ing order: The contestant shall take testimony dur
ing the first forty days. the returned member during
the succeeding forty days; and the contestant may
take testimony in-rebuttal only during the remain
ing tea da! Of said period. Such testimony in
buttal may be taken on five days notice. Testimony
may be taken at two or more places at the same
time.
SEo.2. Dispositions of witnesses residing outside
Of the district AMI beyond the reach of a subpoena
may be taken before any officer authorized by law TO
take iestim ony in contested election In the dis
trict In which the witness to be examined may reside
Sec. g.. That the party desiring to take a deposit
tons under the provisions of this or Of the act TO
party notice, in writing, Of the time and place, when
and where, the same will be taken, as well as of the
of the name of an officer before whom the same will
taken. The notice shall be personally served upon
the opposite party or upon any agent or attorney OF
his authorized by him to take test nony or cross-ex-
anime witnesses in the matter of such contest: IT, by
the use of reasonable diligence, such personal SER
ve i,;as can be made; but il by the use Of such
the service may be made by leaving du-
picate Of the notice at the usual place OF abode
allow the opposite party sufficient time by the usual
route of travel to attend and day preparation
the taxing Of the estmons may So stated in the
notice, be adjourned from day to day. The notice
with the proof or acknowledgment Of the service
completed The party notified % aforesaid, his agent
or attorney, may, he see IT. select officer av-
ing authority to take depostious In such cases
fciate, with the officer named in the notice. N the
taking OF the deposiG ms; and If both such officers
attend the dispositions shall be taken before them
et tr1vf In A.d hlyf
But If Of such officers attend the dc positions
may be taken before and certified by hifi alone. 1t
attorneys authorized to act in the Premises by
sent in writing, to take dispositions without notice.
and 1t shall also be competent for them by such writ
ten consent, to take dispositions whether upon or
without notice. before any dcer officers author.
ized to take dispositions in common law, civil
ttons or in chancery by either the laws of the Uni
ted States or OF the State l. which the same may be
taken and to waive proof of the Official character of
such officer officers. ANY written consent given
and every such officer chosen by the pariIes their
agents or attorneys, and officiating, shall have all the
powers in the premises that conferred by The act
to which this Is an amen 1rnent upon the officers
named therein. AT the taking of any deposi ion uu-
der this actor the act which this amendment
either party may appear and act in person, or by
Sec 4. An officers taking testimony to be used IN
contested election case, whether by deposition
pleted, and without unnecessary delay, certify the
same, and carefully seal and Immediately forward
tue same, Dy mai, addressed 10 the Clerk of tho
House of Representati' Of the United States,
Washington, ID. G.; and shall also endorse upon the
envelope containing snch deposition testimony the
lme of tho ease In watch it Is taken, together with
the name OF the party in whose behalf Il is taken,
and shall Subscribe such endorsement. Upon thu
written request Of either party the ERIK OF the
House Of Representatives sh Ill open any deposition
at an time after he shall have received the same and
he may furnish either party with copy thereof,
Approved, January TO- 1873. ~
GENERAL NATURE-No. 81
AN ACfr IN III af
An act to authorize the appaintN> Mt of shir MING
commissioners, &C., approved June seven eight
cen hundred and seyenty-tV..
Ds emaced oy the Ssnce and House Of Repre-
2ress assemoea Thai secti N twelve Of the act en-
Tilted AN act to ahorze he appointment Of ship
s eS hr ners, &c., approved June seven,
W my said section the following proviso Provid
ther, that this section shall not apply to
RS of vessels when engaged in trade between the
United States and the British North American pos
of Mexico
Approved, January Is 1873. ,
GENERAL NATURE-No. 10.l
AN ACT to prevent certain officers of the United
States from practising as attorneys solicitors in
courts of the United States in certain cases.
Be 1t enacted By the Senate and House Of Repre-
seatatires ofthe United States Of america in Con-
gress assembled, That no clerk, assistant deputy
clerk any Territorial district or circuit court or
Of the Court Of Claims or the Supreme Court Of the
United States, or marshal or deputy marshal Of the
United States within the district for which lie j. ap-
pointed, shall act solicitor, proctor, attorney or
counsel in any cause depending IN either of said
courts, or any district for which he is acting as
such officer. +t&f
SEC. 2. That whoever shall violate any Of the |
provisions of this act shall be stricken from the roll
OF attorneys by the court upon complaint, upon |
which the respondent shall Lave due notile anu be
hoard in his defence; and in the Of marshal
deputy marshal so acting, he shall be recommended
by the court for dismissal from office.
Approved, January 16, 1873.
GENERAL NATURE-No. III
AN ACT to amend an entitled An act relating |
to members Of Congress, heads of Departments,
AMI other OH ers of the government" approved
june eleventh, eighteen hundred and sixty-iour
Be 1t enacted by the Senate and House of Repre-
seatat.Ues of the United States OF America in Con-
gress assembled, That the provisions of act ent
tied San act relating to members of Congress- heads
of Departments, and other officers Of the govern
ment," approved June eleventh, eighteen hundred
and sixty-four, be extended to apply in all
spects Delegates from the Territories and the Dis
trict or Ter tory of Columbia.
Approved, January 16, 1873.
GENERAL NATURE-No. 12l
AN ACT to fix the compensation of gaugers and
measulers at the port of Boston.
Be IL enacted By the Senate and House of Repre-
sentdiCes Of the United States OF america in Con-
0ress assembled, That the compensation for gaugers
and measurers at the port of Boston shall be the
provided for the class of officers at the
port of New York under existing laws.
Approved January IL, 1873.