Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-03-29
GENERAL NATURE-NO. g.


AN ACT supplemental to and amendatory oil
an act entitled IAN act to prescribe the mode
elections" s approved proved February 1 y nineteen,
eighteen hundred and fifty enc.
Be it enacted by the Senate and House of Re.
representatives. of the Unised States of America
in Congress assembled, That in all contested
election cases the time allowed for taking testi-
mony shall be ninety days and the testimony
testant shall take testimony during the first forty
days; the returned member during the succeed
ing forty days and the contestant may take
testimony in rebuttal only during the remaining
ten days of said period. Such testimony in re-
buttal may be taken on FIVE days notice. Tes-
timony may be taken at two or moro places at
the same time.
Sec. 2. Dispositions of witnesses residing out
side of the district and beyond the reach of q
subpoena may be taken before any officer au.
thorized by law to take testimony in contested
election cases in the district in which the wit
Sec. 8. That the party desiring to take de-
position or dispositions under the provisions of
this act or of the act to which this is an amend
ment shall give the opposite party notice in
writing of the time and place, when and where
the same will be taken as we'll as of the name Of
the witness or witnesses to be examined and of
the name of an officer before whom the same
will be taken. The notice shall be personally
served upon the opposite party or upon any
agent or attorney of his authorized by him to
take testimony or cross examine witnesses in the
matter of such contest, if by the use of reasons
made; but if, by the use of such diligence, per-
sonal service cannot be made, the service may
be made by leaving duplicate of the notice at
the usual place of abode of the opposite party.
The notice shall be served so as to allow the OPP
posite party sufficient time by the usual route
of travel to attend, and one day for preparation,
exclusive of Sundays and the day of service.
And the taking of the testimony may, if so stated
in the notice, be adjourned from day 70 day.
The notice with the proof or acknowledgment
of the service thereof shall be attached to the
dispositions when completed. The party mott
fed as aforesaid, his agent or attorney may if he
see fit select an officer (having authority to take
dispositions in such cases) to oficiate with the
officer named in the notice in the taking of tho
dispositions; and if both such officers attend the
sitting together, and be certified by them both.
But if only one of such officers attend, the de-
positions may be taken before and certified by
him alone. 1t shall be competent for the par
ties their agents or attorneys authorized to act
in the premises, by consent in writing to take
dispositions without notice; and it shall also be
competent for them by such written consent to
take dispositions whether upon or without no
tice) before any officer or officers authorized to
take dispositions in common law or civil actions
or IN Cnancey Dy ELMER the laws OF Lno united
States or of the State in which the same may be
taken and to waive proof Of the official charac.
ter of such officer or officers: Any written con-
sent given as aforesaid shall be returned with
the dispositions; and every such Office so chosen
by the parties, their agents or attorneys and Of
floating, shall have all the powers in the premi-
ses that are conferred by the act to which this
is an amendment upon the officers named there
in. At the taking Of any deposition under this
act or the act to which this is an amendment
either party may appear and act in person or by
agent or attorney.
Sec. 4. All officers taking testimony 10 be used
in contested election case, whether by depo-
sition or otherwise, shall when the taking of the
same is completed and without unnecessary de-
lay certify the same and carefully seal and i'm
mediately forward the same by mail addressed
to the Clerk of the House of Representatives of
the United States, Washington, d. c.; and shall
also endorse upon the envelope containing such
deposition or testimony the name of the case in
which it is taken, together with the name of the
party in whose behalf it is taken, and shall sub
scribe such endorsement. Upon the written re-
quest of either party the Clerk of the House of
Representatives shall open any deposition at any
time:after he shall have received the same and
he may furnish either party with copy there
of.