The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-01-24

GENERAL NATURE-No. 81
AN ACT supplemental 10 and amendatory of
an act entitled San act to prescribe the mode
of obtaining evidence in cases OF contested
elections" approved February nineteen, eigh-
teen hundred and fifty-on
Be it enacted by the Senate and House Of Repre-
sentattUes Of the United States Of america in Con-
oress assembled, That in all contested election
cases the time allowed for taking testimony shall
be min ETY. days. and the testimony shall be taken
in the following order: The contestants shall
take testimony during the first forty days; the
returned member during the succeeding forty
days; and the contestant may take testimony
in rebuttal only during the remaining ten days
of said period. Such testimony in rebuttal may
be taken ON five days notice. Testimony may
be taken at two or more places at The same
time. l.#sGr -ass.. 4rsg r. 7s. sg
SEC. Q. Dispositions of witnesses residing out
side of the district and beyond the reach OF q
subpoena may be taken before any officer author
lied by law to take testimony in contested cleo
ton cases in the districtin which the witness to
be examined may reside. aa -s.
Sec. 3. That the party desiring to take de-
position or dispositions under the provisions of
this act, or of the act towhich 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, rs well as OF the name
of the witness or witnesses to be examined, and
fthe 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 rea-
| sonable diligence, such personal service can be
made; but if by the of such dilgehce 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. The no
tice shall be served so as TO allow the opposite
party SUFFICIENT time by the usual route of
travel to attend, and one day for prepa-
| ration, exclusive of Sundays and the day
of service. And the taking of the testi-
mony 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 dispositions when com
pleted, The party notified as aforesaid, his
agent, or attorney, may, if he see fit, select an
officer (haying authority TO take dispositions in
such cases 10 officiate, with the officer named in
the notice. in the taking of the dispositions and if
both such officers attend, the dispositions shall be
taken before them both, sitting together, and be
certified by them both. But if only one of
such officers attend the dispositions may be
taken before and certified by him alone. 1t
shall be competent for the parties, their agents,
or attorneys authorized to act in the premises,
by consent in writing, to take dispositions with
out notice; and it shall also be competent for
them, by such written consent, to take deposit
tions whether upon or without notice. before any
officer or officers authorized to take dispositions
in common law, or civil actions, OF in chancery,
by either the laws of the United States or of the
State in which the same may be taken and to
waive proof of the official character of such
officer or officers. Any written con sent given
as aforesaid shall be returned with the depo-
sitions and every such officer so chosen by the
parties. their agents or attorneys, and officat-
ing, shall have all the powers in the premises
that are conferred by the act to which this is
amendment upon the officers named therein.
AT the taking Of any deposition under this act.
or the act to which this is an amendment either
party may appear aud act in person, or by agent
or attorney.
SEC. A. All officers taking testimony to be used
in a contested election case, whether by deposi-
ton or otherwise, hall, when the taking Of the
same is completed, and without unn ecessaIy de-
lay, certify the same, and carefully seal and
Immediately forward the same, by mail, adj
n a one of IN
tives of the United States, Washington ID. @.
and shall also endorse upon the envelope con-
tanning 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 subscribe such endorsement. Upon
the written request of either party the Clerk of
the House of Representatives shall open any
deposition at any time after he shall have re-
ceiyed the same, and he may furnish either
party with copy thereof.
Approved, January 10, 1873. .s .-a. ...