Page:United States Statutes at Large Volume 24.djvu/478

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FORTY-NINTH CONGRESS. Sess. II. Ch. 318. 1887. 445 CHAP. 318.—An act relating to contested elections.Mar. 2, 1887. Be it enacted by the Senate and House of Representatives of the United C t t , , States of America in Congress assembled, That section one hundred and t,0,,;I}{g;:Q0,»;{§§; twenty-seven of the Revised Statutes of the United States be so amended resentatives. as to read as follows: 2012. S., s§ch127, p. , 3i1I6H 8 . “ All officers taking testimony to be used in a contested election case, Testimony to be whether by deposition or otherwise, shall, when the taking of the· same Em *0 Cmk °f is completed, and without unnecessary delay, certify and carefully seal °°S°' and immediately forward the same, by mail or by express, addressed to the Clerk of the House of Representatives of the United States. Washington, District of Columbia; and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such endorsement.

  • ‘ The Clerk of the House of Representatives, upon the receipt of such Noticctoparties.

deposition or testimony, shall notify the contestant and the contestee, ‘ by registered letter through the mails, to appear before him at the Cap- · itol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day Opening of packappointed for such meeting the said clerk shall proceed to open all the **86- packages of testimony in the case, in the presence of the parties or their attorneys, .and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direc- Printing. tion of the said clerk; and in case of disagreement between the parties as to the printing of any portion of the testimony, the said clerk shall determine whether such portion of the testimony shall be printed; and the said clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the. sitting member shall also be printed with the record. . _ “If either party, after having been duly notified, should fail to at- _0¤f¤il¤r•><>f partend, by himself or by an attorney, the clerk shall proceed to open the 2)°:*° ““°“d»° °’k packages, and shall cause such portions of the testimony to be printed, pw' as he shall determine. “ He shall carefully seal up and preserve the portions of the testi- jrestiinnny m be mony not printed, as·well as the other portions when returned from the 1***** "°*°’*° 0****** Public Printer, and lay the Same before the Committee on Elections at ;'Q,‘£;° °" E]°°' the earliest opportunity. As soon as the testimony in any casc is printed the clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to tile with the clerk, within thirty days, a brief of Con testaut’s the facts and the authorities relied on to establish his case. The clerk budtshall forward by mail two copies of the contestants’ brief to the contestee, with like notice. _ “ Upon receipt of the contestee’s brief the clerk shall forward two C¤¤*¤¤’f¢>¤’¤ b¤¤£ copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee’s brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of like folio as the printed record; and sixty copies thereof shall be tiled with the clerk for the use of the committee on Elections! Approved, March 2, 1887.