Page:United States Statutes at Large Volume 44 Part 1.djvu/28

 : _ r 7 § 215 TITLE 2.-me 215, Deposition: takea by pony er agent.-·-At the taking of i any denpoétiom under this chapter, either party may ap@ e _ eod not to person, or by agent or atxormey. (B. S., { 119.) t ¤ H6. & E      af wit¤ -——All wimmx who attend in I obedience to n suhma, or who attend voluntarily   the time C and place appointed, or mam examination notltl has been ¤ given, .¤ provided by this &apte1·, shall then and mm be ex- t nmhsled on oath hy the owcer who i&ued the wbpmm., or, t in wee of his 3 to ee, by amy other omeer who is authorized to E ieme such suh, or by the o&cer before whom the dep· 8 eoitions are to he taken by written consent, or before whom ( the d ltio¤s of wltnwoes rwiding outside of the dlstria are 5 to he taken as the moe may he, touching all such matters he- i sheeting the election shoot to he contested as shall he proposed f by-either of the poxtim or their agents. g (ILS. § 120,) F 217. Twinnny, to what eea§ned.-—-—'I‘he · testimony to he l taken by either party to the contwt shall be eoudued to the { proof or disproof of the facts alleged or denied in the notice  C and answer mentioned in Sections 201 and 202 of this title. t (R. S. { 121.) l 218. Twtinony, written oat and attested.·—The ofiioer shall t cause the twtimooy of the wlmesses, together with the ques- { tions proposed hy the parties or their agents, to be reduced to ( writing in his pres-ence, and in the presence of the parties or d“ their ogeuts, if attending, nod to he duly attested by the wit- b messes rwpectively. (B. S.o§ 122.) t t 219. Productio; of papers.-—The oilioer shall have power to § t require the productioa of papers; and ou the refusal or neglect  { of any person to pro-duceand deliver up any paper or papers E in his possemiou pertaining to the election, or to produce and t deliver up certified or sworn copies of the same in case they may he ~o®cia1 {tapers, Such person shall he liable to all the t penalties prescrihed_ in section 212 of this title. All papers I thus produced, and all certified or sworn copies of ofhcial pa· I shall he transmitted by the officer, with the; testimony of  the witnesses, to the Clerk of the House of Repreéentutlves; ‘ ( . “ S. 5 12:;.) ‘” 226. Adjom·¤ments,—Tl1e taking of the testimony may, I so stated in the notice, he atljournod from day to day. ( . S. ,0 § 124.), —  _ t t 22}. Ndiee attached to de@ktio§as.—-The notice to token E depositions, with the proof or acknowledgment of the smzeék t thereof, and a eopyof the zmhpogoa, where any haé been served, H shall be attached to the depositions when completed. `-(R,. S.-‘ t § 125.) k ‘ e A,  ov ` 222. Copy of notice md answer to accompany testimo¤y.—·——-_ A copy ot the notice of contest, and of the answer of the, rommed Member, shall be predxed to the deposltioné taken, lt and transmitted with them to the Clerk of the Houseot  `G xjesoutatlves. (R. S. { 1%.) k l l t _ t `S 223. Temimony sent to Clerk of House of Representatives; S prixqting tutimoaay; briefs.·-—·—All oflieers taking teotimony to be ere; used in a eonteotedelectioo case, whether by ldepoeitloh or wg _, otherwise, shall, when the taking of the same is oompleted, and L without unnecessary deloy,,certity and carefully seelloud imé ( mediotely forward the some, by mall or by ex-press, addressed ` to the Clerk of the Home of Representatives of the United It States, \Vzwlatngton, District of Colomhiaymxd shall also lo-—. s· dome upon the envelope cootalnlhg such deposition. or testl- ti mony the mine ot the case in which it is taken, together with g the yiiametot the party i11.$¥h40S¢ behalf itk is token, and shall? h subsetlhe such ixidofsemeilt. _  V o t · _ y o “ Q'.1The_ Clerk of the House of Representatives, upon the'reoel_pt” tl ot. oooh deposition or testimony, shell" xiotlty_ the‘co11teoto‘uf v. and thecontestee, by mgistered letter thxjoogh the_mnils,._to az oup,pe&r· béfo1‘0iblH1‘8t the Capitol, in person or-hy `ottomey, e< at la tteaooxzullle time to be named, not exeeediugl twenty days tl

2 Ct;n.\’t;l;i;.‘e'·S 14 Tom the mallingfiot engl: letter, for the purpose of being pres, ent at the epenlng of the aealedt packages oz! testimenzs and ot agreeing upon the partethereot to be printed. Upon the alloy appointed for such meeting the said Clerk shall proceed m lpen all the packages of teetlneony in the cose, in the preeence of the parties or their attorneys, end sch portlens ot he testimony as the parties may agree to have printed shell le printed by the Public Printer, under the direction of the laid Clerk; and in case of disagreement between the partie; ls to the printing of any portion ct the testimony, the eaill Elerk shall determine whether such portion ei the testinieny nhall be printed; and the said Clerk shall prepare a suitable ndex to be printed with the record. And the notice ot commt and the answer of the sitting Member shall also be lrinted with th?record. 2 It either party, after having been dnly notlned, should fell o attend, by himself or by an attorney, the Clerk shall proceed to open the mckages, and shall cause such portlens uf he testimony to be printed, as he shall determine. He shall carefully seal np and preserve the pertions of the estimony not printed, as well as the other portions when renrned from the Public Printer, and lay the same before the gfommittce on Elections at the earliest opportunity. As seen ls the testimony in any case is printed the Clerk shall 1'erward ly mail, it desired, two copies thereof to the contestant nml he same number to the contestee; and shall notify the ronestant to nie with the Clerk, within thirty days, a brief of the ncts and the authorities relied on to establish his cose. ,Tbe Zlerk shall forward by mall two copies of the contestanfs brief o the contestee, with like notice. Upon receipt of the contesteehs brief the Qlerk shall forward wo copies thereof to the contestant, who may, if he desires. ·eply to new matter in the contmtees briei within like time. lll brgs shall be printed at the expense of the mrties reapcctivemy, and shall be otlike folio as the printed record; and lixty copies thereof shall- be died with the Clerk for the uw »t the_C0mmittee on Elections. (R. S. S 127; Mar. 2, 1875, ·. 119, § 1, 18 Stat. 338; Moré 1887, c. 318, 24 Stat. 445.) 24._*F$ees of witnesses.--Every witnm attending by virtue Qsubgnn herein directed to be lmned shall be entltlul 0;·1‘~· lee the sum ot 75 cents for meh doy’a attendance, md»the· further sum of 5 cents for every mile necessarily raveled in going and returning. Such allowance shall he lscertnined and certified by the onlcer taking the examinaion; and shall be paid hy the party at wheee instance such ritness was summoned.- (R. S. § 1%.) 2 ‘ 225. Few' of 0§éers.——~Each judge, justice, chancellor, chief executive om-cer of a town or city, referee in bankruptcy, noary public, and justice ot the peace; whoshall be necessarily inployed pursuant to the prevlsions of this chapter, and all herlflsg constablcs, or other officers who may he employed to erve any subpoena or notice herein fauthorized, shall be entiled to receive from the Qrty at whose instance tee service hall have been performed such fem as are allowed for shui- ” ar services in the State wherein auch service--may be renderwl »R.,S.~_§ 129.) . `_ e r ‘ 0  ‘ i ‘ r 226. Limitation of expenses of mated for neat in House.-; - lo contcstee or contestant for a sen; in the House of Repreentutives shall be paid .exceedlng“;2,000 for expenses infele<·- lon contests; psoeeerere `uny sum whaterer sh-all m paid to · contestant or ccontesteee for expenses of election contest, e shall Hle- with the clerk of the Comtnlttee ,on_ Elections full. and detailed accognt of his expenses, nccornpanied by c l1_e vouchers‘nnd· receiptd for each item, ftv.lnich` account and onchers, shall bes-worn to by the party preeentlngthe. same; nd, no charges for__witn·essj {ws shall   allowed ln said nc-- ounts unless made in strlcfconforn1-lty to .section»,22—t of this ltle, (R. S, {130:, Mer. 3, 1879,`c.‘182, §· 1, 20 Stnt.400,}