Page:United States Statutes at Large Volume 9.djvu/596

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570 '.[`I·HRTY-FIRST CONGRESS. Sess. II. Ch. 12. 1851. Testimony to parties to the contest, or either of them,_shall be confined to the proof EE °°';§“;t ,*3 or disproof of the facts alleged or denied m the notice and answer

,,°,;a,,°°iic;;d mentioned in the first and second sections of this act; and no testimony

¤¤¤w¢¤j; wd shall be taken after the expiration of sixty days from the day on which b,1,§Q,';‘Q°{,i,K the answer of the member returned shall be served upon the contestin 60 days from ant; and a copy of the notice of contest, and of the answer of the “°“’l°° °f ““‘ returned member, shall be prefixed to the depositions taken, and trans- BWEZW of ,,0,;,,., mitted with them to the clerk of the House of Representatives; Pmaud answer to be vided, That the House may, at their discretion, allow supplementary g2g3i5g,,:;- tm evidence to be taken after the expiration of said sixty days. Proviso. Sec. 10. And be it further enacted, That when no such magistrate J; °°§§3:_‘;Ss; as is by the_third section of this act authorized to take depositions may bg mm, shall reside in the congressional district from which the election is before justices proposed to be contested, it shall be lawful for either party to make °f tm P°”‘°°' application to any two justices of the peace residing within the said district, who are hereby authorized to receive such application, and jointly to proceed upon it in the manner hereinbefore directed. Fees of wit-' Sec. 11. And be it further enacted, That every witness attending “°“°“· by virtue of such subpoena as is herein directed to be issued, shall be allowed the sum of seventy-five cents for each day’s attendance, and the further sum of five cents for every mile necessarily travelled in going and returning, which allowance shall be ascertained and certified by the magistrate taking the examination, and shall be paid by the Ugg3S <>f m¤giS· party at whose instance such witness was summoned ; and each judge, ' justice, chancellor, mayor, recorder, intendant, and justice of the peace who shall be necessarily employed pursuant to the provisions of this act, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein provided for, shall be entitled to receive from the party at whose instance the service shall have been performed, such fee or fees as are or may be allowed for similar services in the States whereinsuch service may be rendered respectively. Approved, February 19, 1851. Feb. 27, 1861. Crux-. XII.—An Act to supply Dspciencies in the Appropriation for the Service ———-—-——~ qf;};nFiscnl Year ending the t irtieth of June, one thousand eight hundred GTI il/··0f¢6· . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-one, out of any moneys in the treasury not otherwise appropriated, namely: -—- Watchman in State Department. — For additional compensation to four watchmen 3:i‘:;‘,f;‘5f,i;*°°‘ in the north·east executive building, five hundred and forty dollars. Judges in EQ]. For salaries of the jud es in the northern and southern districts of if¤¥¤i¤- California, three thousand two hundred and fifty dollars. Watchman in Treasury Department. -—For additional compensation to eight ’°l“h`°°E“.°‘°°‘ watchmen in the south-east executive building, one thousand and lm" budding` eighty dollars. Office or irst For contingent expenses in the office of the first auditor of the f,‘;,l‘*°‘ °f °"°“` treasury, for cases for the records, documents, and official papers pre- ' served in the office, and for new furniture, this sum having been trans- {erred, per act September thirtieth, eighteen hundred and fifty, as an adgition to the salary of one of the recording clerks, two hundred dollars. Oqtceorlndisu For contingent expenses of office of Indian affairs, nine hundred

    • `*“"· and twenty-two dollars and five cents.