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of such diligence, personal service can not be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the opposite party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sundays and the day of service. Testimony in rebuttal may be taken on five days' notice.—R. S., sec. 108.
Testimony in contested-election cases may be taken at two or more places at the same time.-R. S., sec. 109.
When any contestant or returned Member is desirous of obtaining testimony respecting a contested election he may apply for a subpæna to either of the following officers who may reside within the Congressional district in which the election to be contested was held: :
First. Any judge of any court of the United States.
Second. Any chancellor, judge, or justice of a court of record of any State.
Third. Any mayor, recorder, or intendant of any town or city.
Fourth. Any register in bankruptcy or notary public.—R. S., sec. 110.
The officer to whom the application authorized by the preceding section is made shall thereupon issue his writ of subpæna, directed to all such witnesses as shall be named to him, requiring their attendance before him, at some time and place named in the subpæna, in order to be examined respecting the contested election.—R. S., sec. 111.
In case none of the officers mentioned in section one hundred and ten are residing in the Congressional district from which the election is proposed to be contested, the application thereby authorized may be made to any two justices of the peace residing within the district; and they may receive such application, and jointly proceed upon it.-R. S., sec. 112.
It shall be competent for the parties, their agents, or attor. neys authorized to act in the premises, by consent in whiting, to take depositions without notice; also, by such written consent, to take depositions (whether upon or without notice) before any officer or officers authorized to take depositions in common law, or civil actions, or 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 consent given as aforesaid shall be returned with depositions.—R. S., sec. 113.
Each witness shall be duly served with a subpona, by a copy thereof delivered to him or left at his usual place of abode at least five days before the day on which the attendance of the witness is required.—R. S., sec. 114.
No witness shall be required to attend an examination out of the county in which he may reside or be served with a subpena.—R. S., sec. 115.
Any person who, having been summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by sickness or unavoidable necessity, shall forfeit the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpæna was issued, and for his use, by an action of debt, in any court of the United States; and shall also be liable to an indictment for a misdemeanor, and punished by a fine and imprisonment.—R. S., sec. 116.
Depositions of witnesses residing outside of the district and beyond the reach of a subpæna may be taken before any officer authorized by law to take testimony in contested-election cases in the district in which the witness to be examined may reside.-R. S., sec. 117.
The party notified as aforesaid, his agent or attorney, may, if he sees fit, select an officer (having authority to take depositions in such cases) to officiate, with the officer named in the notice, in the taking of the depositions; and if both such officers attend, the depositions shall be taken before them both sitting together, and be certified by them both. But if any one of such officers attend, the deposition may be taken before and certified by him alone.—R. S., sec. 118.
At the taking of any depositions under this chapter, either party may appear and act, in person or by agent or attorney. R. S., sec. 119.
All witnesses who attend in obedience to a subpæna, or who attend voluntarily at the time and place appointed, of whose examination notice has been given, as provided by this chapter, shall then and there be examined on oath by the officer who issued the subpæna, or, in case of his absence, by any other
officer who is authorized to issue such subpæna, or by the offi. cer before whom the depositions are to be taken by written consent, or before whom the depositions of witnesses residing outside the district are to be taken, as the case may be, touching all such matters respecting the election about to be contested as shall be proposed by either of the parties or their agents.-R. S., sec. 120.
The testimony to be taken by either party to the contest shall,be confined to the proof or disproof of the facts alleged or denied in the notice and answer mentioned in sections one hundred and five and one hundred and six.-R. S., soc. 121.
The officer shall cause the testimony of the witnesses, together with the questions proposed by the parties or their agents, to be reduced to writing in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses respectively.—R. S.,,sec. 122.
The officer shall have power to require the production of papers; or on the refusal or neglect of any person to produce and deliver up any paper or papers in his possession pertaining to the election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, such person shall be liable to all the penalties prescribed in section one hundred and sixteen. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives.—R. S., sec. 123.
The taking of the testimony may, if so stated in the notice, be adjourned from day to day.-R, S., sec. 124.
The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the subpæna, where any has been served, shall be attached to the depositions when completed.-R. S., sec. 125.
A copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives.—R. S., sec. 126.
All officers taking testimony to be used in a contested election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mailor by express, addressed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia; and shall also indorse 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 subscribe such indorsement.
The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said Clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testi. mony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said Clerk; and in case of disagreement between the parties as to the printing of any portion of the testimony, the said Clerk shall determine whether such portion of the testimony shall be printed; and the said Clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the sitting member shall also be printed with the record.
If either party, after having been duly notified, should fail to attend, by himself or by an attorney, the Clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed as he shall determine.
He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on Elections at the earliest opportunity. As soon as the testimony in any case is printed the Clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the Clerk, within thirty days, a brief of the · facts and the authorities relied on to establish his case. The Clerk shall forward by mail two copies of the contestant's brief to the contestee, with like notice.
Upon receipt of the contestee's brief the Clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties, respectively, and shall be of like folio as the printed record, and sixty copies thereof shall be filed with the Clerk for the use of the Committee on Elections.-R. S., sec. 127, as amended by act approved March 2, 1887 (Stat., vol. 24, p. 445).
Every witness attending by virtue of any subpæna herein directed to be issued shall be entitled to receive the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned.R. S., sec. 128.
Each judge, justice, chancellor, chief executive officer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpæna or notice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered.—R, S., sec. 129.
No payment shall be made by the House of Representatives, out of its contingent fund or otherwise, to either party to a contested election case for expenses incurred in prosecuting or defending the same.—R. S., sec. 130.
Hereafter no contestee or contestant for a seat in the House of Representatives shall be paid exceeding two thousand dollars for expenses in election contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election contest, he shall file with the clerk of the Committee on Elections a full and detailed account of his expenses, ac