Page:United States Statutes at Large Volume 9.djvu/595

 THIR.TY—FIRST CONGRESS. Sess. II. Ch. 11. 1851. 569 rSi·:c. 4. And be it further enacted, That every such witness shall be Service et subjuly served with such subpoena, by a copy thereof being delivered to P°¤¤¤- him or her, or left at his or her usual place of abode, at least live days before the day on which the attendance of the witness is required: Provided, That no witness shall be required to attend an examination Proviso. out of the county or parish in which he·or she may reside, or be served with a subpoena. Sec. 5. And be it jicrtlier enacted, That any person summoned in Penalty for the manner hercinbefore directed, and refusing or neglecting to attend "}§.§}:,;*i“Q° af and testify, unless prevented by sickness or unavoidable necessity, shall tend ,,,gm,;;y_ forfeit and pay the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpoena was issued, and for his use, hy an action of debt, in any court of the United States, and shall also be liable to an indictment for a misdemeanor, and punishment by fine and imprisonment. Sec. 6. And be it further enacted, That the party at whose instance _Notice to he such subpoena may be issued, shall, at least ten days before the day 8;:** ‘2;’P£;’,;;f appointed for the examination of the witnesses, give notice, in writing, iionyto sxmjm, to the opposite party of his intention to examine witnesses, which no- Wi*¤<·>¤¤€S· tice shall contain a statement of the time and place of the proposed · examination, the name of the officer who shall conduct the same, the names of the witnesses to be examined, and their places of residence, which notice shall be served by leaving a copy with the person to be notified, or at his usual place of abode : Provided, That neither party Proviso. shall give notice of taking testimony at different places at the same time, or without allowing an interval of at least five days between the close of taking testimony at one place and its commencement at another. Suc. 7. And be it further enacted, That all witnesses who shall 1$¤¤¤¤i¤¤¢i¤¤ attend in obedience to said subpoena, or who shall attend voluntarily °f mt“°°°°”‘ at the time and place appointed, of whose examination notice has been given as provided in the next preceding section, shall then and there be examined on oath or adirmation, by themagistrate who issued the subptnna aforesaid, or, in case of his absence, by any other such magistrate as is authorized by this act to issue such subpmna, touching all such matters and things respecting the election about to be contested as shall be proposed by either of the parties aforesaid, or either of them, or by their or eidier of their agents; and the testimony of the witriesses, together with the questions proposed by the parties or their agents, the said magistrate is hereby authorized and required to cause to be reduced to writing, in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses respectively, after which he shall immediately transmit by Testimony to mail the said testimony, duly certified under his hand, and sealed up, if t,f;‘“;{;:l·:? to the clerk of the House of Representatives for the time being, to-` the House of getber with a copy of the subpcena and of the notice served upon the R¢Pf€¤¢¤¢¤*iV¤¤· party, as provided in the preceding section, and of the proof of the service of such notice. Sec. 8. And be it further enacted, That the said magistrate shall Pr<>d¤¤¢i<>¤ of have power to require the production of papers ; and on the refusal or pam"' neglect of any person to produce and deliver up any paper or papers in his possession pertaining to said election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, he shall be liable to all the penalties prescribed in the fifth section of this act ; and all papers thus produced, and all oertiiied or sworn copies of odicial papers, shall be transmitted by said magistrate, with the testimony of witnesses, to the clerk of the House of Repreuentatives. Sec. 9. And be it further enacted, That the testimony taken by the Vox., IX. Pun. ·-72