The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-10-24
An Act
m provide for taking the tie stimo-
nv of witnesses in suits pending
in the Courts of this State.

in the courts Oh Cnls state.
Sec. 1. Be it enacted by the
Senate and House of Representa-
tiyes of the State of Louisiana in
General Assembly convened, That
in the several parishes .of this
State (the parish of Orleans ex-
cepted) the clerks of the several
district and parish courts Of the
several parishes of the State be
and they are hereby constituted
commissioners for the taking of |
depositions of witnesses to be used |
in anv of the courts of this State.
Sec. q. Be it further enacted,
ETC., That whenever any party to
o suit pending IN any OF the courts
of this State shall desire to have
the dispositions of witnesses, on
whose testimony he relies, taken
in writing, said party shall APP
ply to the clerk of the court in
which said suit is pending to take
the tetimony of his witnesses, and
thereupon said clerk shall proceed
to take the testimony OF such wit
nesses in writing, either by him
self or some other disinterested
person, in his presence, after giving
to the opposite party or parties,
or their attorneys, at least two
DAYS previous notice of the time
and place specified in said notice;
and if the party or his counsel re-
side out of the parish, ten days
notice shall be given, to date from
the service of notice which depo-
sitions, when SO reduced to writ
ing as aforesaid, shall be sworn to
and signed by each witness if they
know how to write, if not, by their
ordinary mark, attested by the
clerk taking the same, which dep
ositions, when so taken, shall be
certified to by the clerk taking the
same, under the seal of the court
attached thereto, and forthwith
filed in the records of the suit.
Sec. 3. Be it further enacted,
ETC., That should any objection be
made by either of the parties, or
their attorneys, to the taking any
part or the whole deposition OF
any witness, it shall be the duty
of the clerk to take down the ques
ton of the party, the answer OF
the witness thereto, as well as the
objections made to the same, stat
ing by whom such objection is
made, as a part of the proceedings
had, the regularity of which, or
any part of which, objection shall
he determined by the court i'll
which the dispositions are to be
made on the trial of the cause.
Sec. 4. Be it further enacted,
ETC., That all depositions OF wit
nesses taken as aforesaid shall be
evidence for either party desiring
to use the same on the trial Of the
suit in which they are taken, sub
ject to the rejection by the court
of such portion or the whole there
of as may have been objected to
at the taking of the same, or such
other legal objection as may be
made to the introduction thereof
at the trial of the case.
Sec. 5. Be it further enacted
ETC., That for the purpose OF car
rying this act into effect, the clerks
of the courts be and and they ar(
hereby empowered to compel at
tendance of witnesses by subpoena
or attachment, as the case may be
issued in the case and in the name
of the court where the testimon,
isto be taken.
Sec. 6. Be it further enacted
etc, That all notices, subp9nas o
attachments issued by said clerl
shall be served by the sheriff o
the parish or by his deputy, or b.
a constable, in case of the absenc
OF the sheriff or his deputy, VIII
snail make due return of the mod
and manner OF the services.
Sec. z. Be it further enacted
ETC., That the sheriff or constabl
serving such notice, subpoena Q
attachment shall be entitled t
charge the same fees and mileag
allowed by the fee bill for seryin
sebpenas, and that the clerk tai
ing such dispositions shall be a
lowed to charge and receive th
following fees, and no more, t
wit:
For issuing each notice to pa
ties, with seal, % cents, lncludln
copy of the same.
For issuing each subpoena
attachment, with seal, % cent
including copy Of the same.
For swearing each witness,
cents.
IN For writing each caption ar
danocitinn of each witness ar