Page:United States Statutes at Large Volume 18 Part 1.djvu/91

Trrm: 11.-THE C()NGRESS.——C1-1. S. 19 Sec. 108. The mrty desiring to take a deposition under the provisions Notice of deposiof this chapter s ll give the opposite part notice, in writing, of the ti¤¤S; Bervicetime and place, when and where the same wih be taken,.of the name of TKQ, ’j§»,§ the witnesses to be examined and their places of residence, and of the 24, ss. 1,3, v. 17, p. pcame of an piiicer before wholm the same will be taken. The notice shall *0%) Feb mm Q persona * serve u n the op site rty, or u n an a nt or ‘· -· " attorney authorized by hilm to okeptgstimtx or crossgiiaminb withesses u’ S` 6’ v` 9’ p` Dm in the matter of such contest, if, by the use of reasonable diligence, such personal service can be made; but if, by the use of such diligence. personal service cannot be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite rty. The notice shall be served so as to allow the opposite party suhdient 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. Sec. 109. Testimony in contested—election cases may be taken at two Testimougtzken or more places at the same time. :1*; 3*;*;% ei) ***1** 10 Jan., 1873, c. 2-1, s. 1,v. 17, p.40S. Sec. 110. When any contestant or returned member is desirous of Who may issue obtaining testimony respecting a contested election, he mav apply for a ¤jj>*j¤¤¤· subpoena to either of the following officers who may reside within the 19 r§b_, 155;, c_ congressional district in which theelection to be contested was held: 11,s. 3, v. 9, p. 568. First. Any jud e of any court of the United States. 23_J**¤·· 186*% ¢‘· Second. Any chancellor, judge, or justice of a court of record of any 15* " 15* p' 261 State. Third. Any mayor, recorder, or intendent of any town or city. Fourth. Any register in bankruptcy or notary public. Sec. 111. The officer to whom the application authorized hy the pre- What the subceding section is made shall thereupon issue his writ of subpoena, directed P¤*¤¤¤l°¤ll<¥¤¤¤¤l¤- to all such witnesses as shall be named to him. requiring their attend- ig Fgbq ig51_C_ ance before him, at some time and place named in the subpoena, in order 11, s. 3, v. 9, p. 568. to be examined respecting the contested election. _ _ Sec. 112. In case none of the officers mentioned in section one hundred th Wl‘°“J“’“°°° °l and ten are residing in the congressional district from which the election £°Y$llE*l°t3 is proposed to be contested, the application thereby authorized may be I9 Feb-. 1851;- made to any two justices of the peace residing within the district; and u·“·1°•"·9·P·5'°· they may receive such application. and jointly proceed upon it. Sec. 113. It shall be com ietent for the parties, their agents or attor- D<¤r>0¤i¥i0¤S by neys authorized to act in the premises, by consent in writing. to take °°"”°"’· depositions without notice; also, by such written consent, to take depo- 10 Jan., 1873, o. sitions (whether upon or without notice) before any officer or officers 2*.9- 3H'- 171 P- 408- 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 the depositions. Sec. 11+. Each witness shall be duly served with a subpoena, by a Service ot subcopy thereof delivered to him or left at his usual place of abode, at least P0""'- five days before the day on which the attendance of the witness is 19 Feb., 1851, c. I`(‘( l.111°€d. uw S14; V- 91 p· 569* Sec, 115. No witness shall be reeguired to attend an examination: out W¤¢¤¤¤¤¢¤ Med of the county in which he may resi e or be served with a subpoena. 3i:)';; °“* °l is Feb., 18.61, c. 11.¤- 4. v- 9. v- 569- Sec. 116. Any person who, having been summoned in the manner Penalty for failabove directed, re uses or neglects to attend and testify, unless prevented “"° .:° °"°'“l °" by sickness or unavoidable necessity, shall forfeit the sum of twenty dol- E’E.Y;_m... lnrs, to be recovered, with costs of suit, by the party at whose instance 19 Felt. lx5L ¢· the subpoena was issued, and for his use, by an action of debt, to any 11**5* "‘°* p‘ 56%