The subject matter of former sections
of this title is covered generally by chapter
of this title.
, R.S. § 105, provided that whenever any person intended to contest an election of any member of House of Representatives he had to give notice in writing to that member within thirty days of result of such election.
, R.S. § 106, provided that a member of House of Representatives whose election was contested serve an answer within thirty days after service of notice upon him.
, R.S. § 107; Mar. 2, 1875, ch. 119, § 2,18 Stat. 338
, provided time and order for taking testimony.
, R.S. § 108, provided for taking of depositions upon notice to other party.
, R.S. § 109, provided that testimony in contested election cases could be taken at two or more places at same time.
, R.S. § 110; June 7, 1878, ch. 160, 20 Stat. 99
; July 1, 1898, ch. 541, § 38,30 Stat. 555
, made provision for issuance of subpoenas by specified officers.
, R.S. § 111, set forth requisite contents of subpoenas.
, R.S. § 112, authorized issuance of subpoenas by justices of the peace.
, R.S. § 113, made provision for taking of depositions by written consent.
, R.S. § 114, required that each witness be served with a subpoena at least five days prior to date he was required to attend.
, R.S. § 115, exempted witness from attendance at examinations out of county in which they resided or were served with a subpoena.
, R.S. § 116, mandated a $20 penalty to be recovered by party issuing subpoena, and a possible indictment for a misdemeanor, for failure of party summoned to attend or testify, unless prevented by sickness or unavoidable necessity.
, R.S. § 117, provided that depositions of witnesses residing outside district be taken before any officer authorized to take testimony in contested election cases in district in which witness resided.
, R.S. § 118, required selection of qualified officers to officiate jointly with officer named in notice.
, R.S. § 119, provided that at taking of any deposition under this chapter, either party could appear and act in person, or by agent or attorney.
, R.S. § 120, made provision for examination of witnesses through device of taking their depositions before a qualified officer.
, R.S. § 121, provided that testimony to be taken by either party be confined to proof or disproof of facts alleged or denied in notice and answer.
, R.S. § 122, required officer to reduce to writing testimony of witnesses, together with questions proposed by parties, and have this writing duly attested by witnesses.
, R.S. § 123, empowered officer to require production of papers.
, R.S. § 124, provided that taking of testimony might, if so stated in notice, be adjourned from day to day.
, R.S. § 125, provided that notice to take depositions, with proof of service thereof, and a copy of the subpoena, where one has been served, be attached to depositions when completed.
, R.S. § 126, provided that a copy of notice of contest and of answer of returned member, be prefixed to depositions taken and transmitted with them to Clerk of House of Representatives.
, R.S. § 127; Mar. 2, 1875, ch. 119, § 1,18 Stat. 338
; Mar. 2, 1887, ch. 318, 24 Stat. 445
, covered procedure followed by Clerk of House of Representatives once the sealed testimony was forwarded to him by officer who took testimony.
, R.S. § 128, fixed witness fees to be paid by party at whose instance witness was summoned.
, R.S. § 129, provided that each officer employed pursuant to this chapter be entitled to receive from party who employed him, such fees as were allowed for similar services in State wherein such service was rendered.
, R.S. § 130; Mar. 3, 1879, ch. 182, § 1,20 Stat. 400
, limited payments of expenses to contestee or contestant to $2,000, and then, only upon filing of a detailed account of expenses with Clerk of Committee on Elections.