Page:United States Statutes at Large Volume 18 Part 1.djvu/92

 20 Trru: ir.-THE (JONGRESS.—C1-1. 8. court of the United States; and shall also ge liable to an indictment for a misdemeanor and unishinent by ne an imprisonmen . _ “'it¤¤§¤¢S_ <>¤*· Sec. 117. Ddpositiiins df witnesses residing outside of the district and ‘?Ld}`.‘$ll€i€’l‘;:>— beyond the reach of a subpoena may be taken before any officer author- 2_,1(J’°L“‘1,Uig3’§‘ ized by law to take testimony in contested-elgction cases in the district 40§_"’in which the witness to b8'·8XH.l111DCd 1118}*-1%*51. e. Party notified Sec. 118. The party notified as aforesaid, his agent or attorney, may, m¤Y Select ““ °m‘ if he see fit, select an officer (having authority to take depositions in C8" v____ ,__. R such cases) to officiate, with the officer named in the notice, in_the taking 10 Jan., 1873. c. of the depositions; and if both such officers attend, the depositions sha 2% S- 3»"·171P·408· be taken before them both, sitting together, and be certified by them both. But if only one of such officers attend, the depositions may he taken before and certified by him alone. Depositionstaken Sec. 119. At the taking of any deposition under this chapter, either lj>F_1>•j*[j[_{¥°jf· party may appear and act in person, or by agent or attorney 10 Jan., 1873, c. 24, s. 3., v. 17, p. 408. Examination of Sec. 120. All witnesses who attend in obedience to a subpmna, orwho "`l*"*f¥§·_% __ attend voluntarily at the time and place appointed, of whose examina- 19 Feb., 1831,c. tion notice has been given, as provided by this chapter, shall then and U. S- 7. V·9.P·569· there be examined on oath by the officer w o issued the subpoena, or, in case of his absence, by any other oftiicer wiiiogs authorized to ispue sluch subpoena, or by the officer before w om the epositions are to ie ta en by written consent, or before whom the depositions of witnesses residinH outside of the district are to be taken, as the case may be, touchinp a such matters respecting the election about to be contested as shal be proposed by either of the parties or their agents. Testimony, to Sec. 121. The testimony to be taken by either party to the contest wht ¤°¤*i¤€<l- _ shall be confined to the proof or disproof of the facts alleged or denied 19 Feb., 1851, in flip notice and answer mentioned in sections one hundred and five and H, S- 9.\‘·9.P-56 - one undred and six. Testimony, how Sec. 122. 'l`he officershall cause the testimony of the witnesses, together written Gut Md with the questions proposed by the parties or their agents, to be reduced [[f"{“°d·  ____ to writing; in his presence. and in the presence of the parties or their 1119 Feb.b185;,iS. agents, i attending, and to be duly attested by the witnesses respect- 1B* rv- vp' • ive y. Production of Sec. 123. The officer shall have power to require the production of NWN- papers; and on the refusal or neg act of any person to produce and 19 Feb., 1851, e. e iver up anyxpaper or (papers in is possession pertaining to the elec- 11,s. 8, v.9, p. 569. tion, or to p1 uce and eliver up certified or sworn copies of the same in case they may be official papers, such (person shall he liable to all the penalties prescribed in section one hundre and sixteen. All papers thus produced, and all certified or sworn copies of official papers shall be tipnsimitteld by the cfhcer, with the testimony of the witnesses, to the (J er of the ouse of Representatives. Adjcurnments. Sec. 124. The takin of the testimony mav if so stated in the notice _ E •., 9 9 2 10 g,,,i_718·,::  be ad]ourned from day to day. 4,s. ,v. ,p. . Notice, Mn ,,,1,. Sec. 125. The notice to take depositions, with the proof or acknowltaehed to deposi- edgment of the service thereof, and a cozpy of the subpoena, where any H_‘E%_ has been served, shall be attached to the epositions when completed. 19 Fe .. 1851.c. 11, s. 7, v. 0, p. seo. 10 Jan., isis, e. 24, s. 3, v. 17, p. 40s. Copyoinoticeand Sec. 126. A copy of the notice of contest, and of the answer of the 19 e .. 1851.c. 11,¤.a, v. 9, p. ace. How testimony _ Sec. 127. All officers taking testimony to be used in a contested-elem
 * ":$‘*fi;£ °·°:°m· returned member, shall be prefixed to the depositions taken. and transi];1E.l;Y)BL.- mitted with them to the Clerk of the House of Representatives.
 * 3 b,‘f,';°3;;°_CL‘:W tion case,_whether by deposition or otherwise, shall, when the taking of

opened_ “ ’ the same is completed, and without unnecessary delay, certify and care- ··p, J,;,$B—-73_ c_ fully seal and immediately forward the same, by mail, addressed to the 24,s.·i,1·.1T, p. 409. Clerk of the House of Representatives of the United States, Washington,