Wilmington daily commercial., 1873-04-23
DISTRICT OF COLUMBIA:
GENERAL NATURE, No. 81

AN ACT supplemental to and amendatory of an ac
entitled " An act to prescribe the mode OF obtain
ing evidence In cases Ot contested elections" ap-
proved February nineteen, eighteen hundred and
1fly-One.
Be il enacted By the Senats and House Of Representa-
Uss Of the United States of America IN Colgress az.
senbie, That in all contested eecIion cases he time
allowed for taking testimony shall be ninety days
and the testimony shall be taken In ths following
order: The contestant shall take testimony dnrng
the nrst forty days; the returned member during
the succeeding forty days. and the contestant may
take testimony In TebuJta only during the remain
Ing ten days OF said period Such testimony IN re-
Dutthl may be taken on five days notice. 1estimo-
ny may be taken ut two or more places at the same
lime.
sEc. q DISPOSITIONS of witnesses residing outside
the district and beyond the reach OF a subpoena
may be taken beforeany officer authorized by law
to take testimony in contested election cases in the
district IN which the witness 10 be examined may
reside
sEc. 8. That the party desiring to take dep,si-
tion or dispositions Uner the p DIVISIONS of this act
or Cf 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 ef the witness wit
nesses To be examined, and of the name of the OIL
Ger before whom the same will be taken. The mo-
tce shall be personally served upon the opposite
party, or upon any agent or attorney Of his author
lzed by nm TO take testimony or cross examine
witnesses in the matter OF such contest IT, by the
use OF reasonable diligence, such personal service
can be made; but II, Dy the use OF such diige lce
personal He vice cannot be made, the service may
be made by leaving duplicate OF the netice at the
usual place OF abode OF the opposite party The
no.lce shall be served 30 to allow the opposite
pa ~ sutcent time by the usual route Of travel to
attend, and one Gay for preparation, exclusive OF
OF sundays and the day of service. And the taking
OF the testimony may, II stated in the notice, be
adjourned from day TO day. The notice with the
proof or acknowledgment of the service thereof,
shall be attached to the dispositions when co nple,
cd. The party notified as aforesaid, his agent or
attorney, may If he Bees nj, select an officer (hay.
Ing authority 10 take.depostionA In such casey to
omcla0e with the ofcer named In the notice. in the
taking OF the dispositions; and, II both such oicors
att nd, the depoSLions shall be taken before them
uOtHt bLllnk tOKeLner, and be certified DV them
bo-h. But If only one Of such officers attend the
depusitlOns may be taken before and certif d by
him alone. 1t shall be competent for the parties
their agents, or attorneys authorized to act IN the
without hotcei and 1t shall also be Competent for
the n, by such written consent, to take depOstiOnB
(Whether upon or without notice. before any Ofcer
or officers authorized to take deposltiOns In com
mon law, Or civil actions, in chancery by either
the laws OF the United states or OF the Stato in
Wnlcn the same may be taken, and to waiVe proof
Of The oiiicia character OF such ofcer or otncers
ANY written consent given aforesaid shall be re-
turned with the dispositions; and every Ofice- so
CnOJrn Oy the parties their agents or attorneys and
onciating, small have all the powers in the premises
hat arc conferred by the act to which this is an
amendment upon the officers named therein, At
the taking OF any deposition under this act, the
&C. 70 which thls Is an amendment either party
may appear and act in person, or by agent attor
ney.
Sac, 4. All officers taking testimony to be used in
contested election case, whether by deposition or
otherwise, shall, when the takirg OF the same is
Completed and without unnecessary celay certify
the same, and carefully seal and Immediately for
ward the same by mail, addressed to the Clerk of
the House OF Representatives of the United States
washington ID. q and shall also endorse upon the
envelope containing auchdepositon or testimonythe
name OF the case nwhich II is taken h the
name OF the party IN whose beh II 1t ls taken, and
ehal subscribe such endorsement. Upon tue wr1tta
Iequestof etherpartythe Clerk of he House OF Rep
resentatiyes shall open any deposition any time
after ne snail have received the same. and he may
Iurn'hh either party With copy thereof.
Approved, January 10, 1873.