The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-04-16

the time lGed BY the court or justice, not
exceeding forty days after the service Of
the summons. The clsimsnt shsll also be
served with a certified copy cf the COM
plant and he shall thereupOn be entitled
10 appear in person or by counsel, in the
prosecution of the action in connection
with the State.
SEC. 4. The defendant may answer the
complainant by asserting his own title
or denying the title OF the claimant, or
both. If he fail to appear and answer
within the time prescribed, the case shall
proceed IS upon general denial of the
complaint. The issue this made shall be
tried by court unless the court shall
determine the parties are entitled TO have
a jury in the case and the same Is not
waived. If jury in the opinion of the
Court be required and he not waived by
the psrti2s, it shall consist OF tWelyeper.
sons, selected as fOllows: The names of
the Chief Justices, or presiding Justices
of the highest courts of the several
States shall be placed in box, from
which twenty-tour names shall be drawn
by the Clerk, in the presence OF the Court
or Chief Justice, and the twent.tOur
whose names shall be thus drawn shall
be summoned to Washington, and from
those attending twelve shall be taken by
lot to serve on the jury. They shall be
required to state, under oath, that they
csn pass upon the questions OF facts sub.
mitted to them without undue bias, ard
no other qualification shall be required Of
III I'm.
SEC. 5. If the Supreme Court be in
session 81 The time the issue is formed,
as mentioned in the previous sections, It
shall designate day on which the trial
shall commence, not later than two
weeks from that time by the consent of
the parties, or further time be required
to summon juorors, and from the COM
mencement of the trial until its close all
other business of the court shall be laid
aslie Il the court be not in session
when the issue is joined it shall be the
duty of the chief justice to call session
of the court for the trial of the case to
commence within three days thereafter,
and at such called session, the court
shall possess all the authority and juris-
diction necessary 10 the trial OF the title
of the defendant and the claimant and
the enforcement of its judgment thereon
SEC. &. The clerk shall issue subpenss
upon the request O. either of the parties
for witnesses 10 attend the court and
testify with or without papers, and they
may be served in any part of the United
States by marshal Of the district within
which the witness may be, or by any
deputy OF his, or by any person appoint
ed by the marshal Of the supreme court.
On the trial copies of the certificates
issued to persons SIS electors, those
received ald those rejected and
of the votes cast by them shall
be admitted in evidence from the
Congressional Record IN which it is
printed with like effect as the original,
and certified copies of the papers before
the canvasslng or returning board of
any State the action Of which board is
brought in question under issue in the
case shall be received in evidence with
like etlec, as the original.
SEC :. TheInvestIgstion of the Court
shall be limited to the validity OF the
action OF the Csnyasslng or returning
board Of any State, by whose determina-
ton the appointment Of electors was de-
clared to have been made in receiving,
rejecting and counting the votes returned
to them, and to the competency or ehgI-
bility OF any person declared to have
been appointed, and the elector appoint
ed to ill the supposed vacancy in the
Electoral College to act as such elector,
and in such Investigations the Court
shall receive evidence tending to show
forgery, fslsity, inysIdity, the error of
any certificate, governor, canvasser or
other officer whomsoever.
SEC. The judgment of the Court shall
be rendered within ten days after the
verdict OF the jury at the close OF the
argument if there be no jury, and the
judgment may determine the right
both Of the defendant and Of the claimant,
or only the right of the defendant as
Justice shall require. If the defendant
be adiudged not entitled to the Office, he
shall be excluded from 1t, and II the
claimant be sdjudged entitled to it he
may Immediately on taking the re-
Quired oath, enter upon the execution Of
the office.
SEC. 9. This act shall take cdec. immo-
disLely.