The Albany register. [volume] (Albany, Or.) 1868-18??, 1873-04-11
pproved, January 10, 1878.
General .Nature--No. 81

n N NJ -
of an net entitled "An act 70 prescribe
the mode OF obtaining evidence in ca
ses of contested elections" approved
February nineteen, eighteen hundred
and tifty-one.
be il endcted by the Senate and H0tSe Of
Representatives. Of The Unutd Safes " Anlef-
icd in Congress assembled, That in all centes-
ted election cases the time allowed for TAX
ing testimony shall be ninety days, and
the testimony shall be taken in the follow
ing order: The contestant shall take testi-
mony during the first forty days; the re-
turned member during the succeeding for
ty days; and the contestant may take tes-
timony in rebuttal only during the re-
manning ten days of said period. Such
testimony in rebuttal may be taken on
five tiays' notice. Testimony may be TAX
en- at two or more places at the same time.
See. .. Dispositions of witnesses residing
outside of the district and beyond the
reach of subpoena may be taken before
any officer authorized by law to take testi-
mony IN contested election cases IN the
district in which the witness to be eXanl-
incd may reside.
Sec. 5. That the party desiring to take
deposition or dispositions OF this act, or OF
the act to which this is an amendment,
shall give the opposite party notice, in
writing, of the time and place, when and
where, the same will be taken, as well as
of the name Of the witness or witne ssesto
be examined, and of the name OF an oillcer
before whom the same will be taken. The
notice shall be personally served upon the
opposite party, or upon any agent or at
torney OF his authorized by him 10 take
testimony Or crOSS-eXamine witnesses IN
the matter of such contest, If, by the use
nf Ynouooah1n 1i iliynnnn sl1ph OnIssOnAl SER
vice c,ln be made; but If, by the use of
such diligence, personal 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. Ine no.
tice shall be served so as toallow the oppo,,
site 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 tes-
timOny may, If so stated In the notice, be
adjourned from day to day. The notice,
With the proof or Acknowledgement OF the
service thereof, shall be attached to the
tlepositions when completed. The party
notified as aforesaid, his agent or attoi-
ney, may, Ii he see fit, select an officer
lhaying authority to take depositlons III
such cases. to Offlciate, with the otiicer
named in the notice, in the taking OF the
depositions; and If both such officers at
tend, the dispositions shall be taken before
them both, sitting together, and be certi-
He'd by them both. But If only one OF
such officers attend, the depositions may
be taken before and certified by himalone.
1t shall be competent for the parties, their
agents, or attorneys authorized 10 act In
the premises, by consent in writing, to
take depositions without notice; and 1t
shall also be competent for them, by. such
written consent, to take dispositions
whether upon or without notice. before
any officeror officers authorized to take
depositions In common law, or civil ac-
tions, or In chancery, by either the laws
of the United States or OF the State IN
which the same may be taken, ana 10
waive proof of the official character OF
such officer or officers. Any written con-
sent given as aforesaid shall be returned
with the deposilions, and every such ofti-
Ger so chosen by the parties, their. agents
or attorneys, and officiating, shall nave all
the powers in the premises that are con-
ferred 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 Whith TINS is an
amendment, either party may appear ana
act in person, or by agent or attorney.
Sec, 4. All officers taking testi uony to
be used In a contested election case, ,Whetl-
er by deposition or otherwise, shall, when
the taking of the same is completed, and
without necessary delay, certify the same,
by mail, addressed to the Clerk o. the
House of Representatives OF the Unlted
States, Washington, ID. O.; 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 be-
half It is taken, and shall subscribe such
endorsement. Upon the written request
of eitherparty the Clerk of the House OF
Representatives shall open any deposition
Mt any time after he shall have received
the same, and he may furnish either party
with copy thereof
Approved, January 10, 1878.