Page:United States Statutes at Large Volume 17.djvu/448

 408 FORTY-SECOND CONGRESS. Sess. III. C11. 24. 1873. seventy-two; and all other pensions provided by law, four hundred and Nu-y_pension¤ eighty thousand dollars: Provided, That the appropriation aforesaid for pwS,,,,,-fu,,d_y from the income of the navy pension fund, so far as the same may be sufficient for that purpose. A1>r1:0vm>, January 10, 1873. Jun. l0, 1873. CHAP. XXIV. —-An Act supplemental to and amendarory <y"an Act entitled "An Act to jf;?,'? prescribe the Blade of obtaininq Evidence in Cases of contested Elections," approved V0]_’ix_ p_ 568_ February nineteen, eighteen hundred and _/i_/ly-cnc. Be it enacted by the Senate and House of Representatives of the United ln contested States of America in Congress assembled, That in all contested election f*;;°iB cases the time allowed for taking testimony shall be ninety days, and the taken `gmm testimony shall be taken in the following order : The contestant shall take ninety days, and testimony during the hrst forty days; the returned member during the m what °"d°"· succeeding forty days; and the contestant may take testimony in rebuttal only during the remaining ten days of said period. Such testimony in Notice, and rebuttal may be taken on five days’ notice. Testimony may be taken at Pl“°“‘ two or more places at the same time. Imposiricns S100. 2. Depositions of `witnesses residing outside of the district and
 * ‘;cl;;1g”g‘gI:;*g” navy pensions, and the other expenditures under that head, shall be paid
 * ‘e*}g’mSE;$;{¤ beyond the reach of a subpoena 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. notgcemmc Sec. 3. That the party desiring to take a deposition or depositions °aI;:S§;;g>s:£’d*° under the provisions of this act, or of the act to which this is an amend- {www be SSN6d_ ment, shall give the opposite party notice, in writing, of the time and place, when a11d where, the same will be taken, as well as of the name of the witness or witnesses to be examined, and of the name of an officer before whom the same will be taken. The notice shall be personally served upon the opposite party, or upon any agent or attorney of his authorized by him to take testimony or cross-examine witnesses in the matter of such contest, ii, by the use of reasonable diligence, such personal service can be made ; but ii 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 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 clay for preparation, exclusive of Suu- Adigurnmsnts days and the day of service. And the taking of the testimony may, if s0
 * 0; mg ***S¤* stated in the notice, be adjourned from day to day. The notice, with the

Nance, &c__ to proof or acknowledgment of the service thereof; shall be attached to the be attgghedm depositions when completed. The party notified as aforesaid, his agent ‘l°£‘§:‘°:6tmed or attorney, may, if he see fit, select an officer (having authority to take may Select an depositions in such cases) to officiate, with the officer named in the notice, °‘ll°€¤‘}:° °ill°l¤*<* in the taking of the depositions; and if both such officers attend, the
 * ,53 $n°3; H0_ deposition shall be taken before them both, sitting together, and be certice. _ _ tified by them both. But it only one of such officers attend, the depositions

su5;‘L°:;gl"g“ m may be taken before and certified by him alone. It shall be competent for yurms my the parties, their agents, or attorneys authorized to act in the premises, by 9<>¤S¤¤ii¤W1‘¤¤— consent in writing, to take depositions without notice; and it shall also be Qiiggtgihg wml_ competent for them, by such written consent, to take depositions (whether outnotice; upon or without notice) before any officer or officers authorized to take m$`g’§{g;;°°" 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 The wi-msn writtoii consent given as aforesaid shall be returned with theidepositionsg and every such officer so chosen by the parties, their avents or attorneys, 1 0 . .~ . _ _ ¤ uap0sm.,n_ and olhcnating, shall have all the powers in the premises that are conferred by the act to which this is an snnendrnent upon the officers named therein. At the taking of any deposition under this act, or the act to which this is