Chapter XI. *to prescribe the Mode of obtaining Evidence in Cases of contested Elections.*(*b*)(*b*) The prior acts on this subject are Stat. 1798, ch. 8, and Stat. 1800, ch. 28, which extends the former act for four years
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Chap. XI.— An Act *to prescribe the Mode of obtaining Evidence in Cases of contested Elections.*(*b*)(*b*) The prior acts on this subject are Stat. 1798, ch. 8, and Stat. 1800, ch. 28, which extends the former act for four years.Feb. 19, 1851. *Be it enacted by the Senate and House of Representatives of the Notice to be given of intention to contest any election of a member of the House of Representatives within thirty days after it is declared. United States of America in Congress assembled,* That from and after the passage of this act, whenever any person shall intend to contest an election of any member of the House of Representatives of the United States, he shall, within thirty days after the result of such election shall have been determined by the officer or board of canvassers authorized by law to determine the same, give notice, in writing, to the member whose seat he designs to contest, of his intention to contest the same, and, in such notice, shall specify, particularly, the grounds upon which he relies in the contest: *Provided,* That in all elections for the thirty-second Proviso.
Congress heretofore held, any person intending to contest the same may give notice thereof within thirty days after the passage of this act. Sec. 2. *And be it further enacted,* That any member upon whom Answer to be made to such notice. the notice mentioned in the first section of this act may be served, shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election, and shall serve a copy of his answer upon the contestant.
Sec. 3. *And be it further enacted,* That when any such contestant or By whom subpoenas are to be issued. returned member shall be desirous of obtaining testimony respecting such election, it shall be lawful for him to make application to any judge of any court of the United States, or to any chancellor judge or justice of a court of record of any State, or to any mayor, recorder, or intendant of any town or city, which said officer shall reside within the congressional district in which such contested election was held, who shall thereupon issue his writ of subpœna, directed to all such witnesses as shall be named to him, requiring the attendance of such witnesses before him, at some time and place named in the subpœna, in order to be then and there examined respecting the said contested election, in the manner hereinafter provided. 569THIRTY-FIRST CONGRESS.
Sess. II. Ch. 11. 1851. Sec. 4. *And be it further enacted,* That every such witness shall be Service of subpœna. fully served with such subpœna, by a copy thereof being delivered to him or her, or left at his or her usual place of abode, at least five 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 subpœna.
Sec. 5. *And be it further enacted,* That any person summoned in Penalty for neglecting or refusing to attend or testify. the manner hereinbefore directed, and refusing or neglecting to attend and testify, unless prevented by sickness or unavoidable necessity, shall forfeit and pay the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpœna was issued, and for his use, by 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 be given to opposite party of intention to examine witnesses. such subpœna may be issued, shall, at least ten days before the day appointed for the examination of the witnesses, give notice, in writing, to the opposite party of his intention to examine witnesses, which notice 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.
Sec. 7. *And be it further enacted,* That all witnesses who shall Examination of witnesses. attend in obedience to said subpœna, or who shall attend voluntarily 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 affirmation, by the magistrate who issued the subpœna aforesaid, or, in case of his absence, by any other such magistrate as is authorized by this act to issue such subpœna, 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 either of their agents; and the testimony of the witnesses, 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 be transmitted to the clerk of the House of Representatives. mail the said testimony, duly certified under his hand, and sealed up, to the clerk of the House of Representatives for the time being, together with a copy of the subpœna and of the notice served upon the 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 Production of papers. have power to require the production of papers; and on the refusal or 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 certified or sworn copies of official papers, shall be transmitted by said magistrate, with the testimony of witnesses, to the clerk of the House of Representatives.
Sec. 9. *And be it further enacted,* That the testimony taken by the 570THIRTY-FIRST CONGRESS. Sess. II. Ch. 12. 1851. parties to the contest, or either of them, shall be confined to the proof Testimony to be confined to the matter stated in the notice and answer; andTestimony to be finished within 60 days from service of answer.Copy of notice and answer to be prefixed to the depositions.Proviso. or disproof of the facts alleged or denied in the notice and answer mentioned in the first and second sections of this act; and no testimony shall be taken after the expiration of sixty days from the day on which the answer of the member returned shall be served upon the contestant; and a copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them to the clerk of the House of Representatives: *Provided,* That the House may, at their discretion, allow supplementary evidence to be taken after the expiration of said sixty days.
Sec. 10. *And be it further enacted,* That when no such magistrate In certain cases the testimony may be taken before justices of the peace. as is by the third section of this act authorized to take depositions shall reside in the congressional district from which the election is proposed to be contested, it shall be lawful for either party to make 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.
Sec. 11. *And be it further enacted,* That every witness attending Fees of witnesses. by virtue of such subpœna 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 party at whose instance such witness was summoned; and each judge, Fees of magistrates. 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 subpœna 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 wherein such service may be rendered respectively.
Approved, February 19, 1851.