The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-10-24

to any suit pending in any court
of the parish OF Orleans may pro-
coed to have the testimony of wit
ness taken in the mode and man |
ner hereinbefore specified, and
said commissioners shall be vest
ed with all the powers herein
granted to the clerks of the courts
out of the parish of Orleans; and
provided that said commissioners,
or either of them proceed to take
such deposition, on giving "a
hours notice to the opposite party,
or his counsel, Of the time and
place Of taking the deposition; for
this purpose notaries public are
authorized to administer Oaths and
to execute commissions, to take
testimony issued from other States
or parishes of this State in the
manner required by law,
Sec. 8. Be it further enacted,
etc., That said commissioners shall,
on the completion of the deposi-
ton taken before them, security
inclose the same in an envelope
and deliver the same to the clerk
of the court in which the suit is
pending.
Sec. 10. BE it further enacted,
ETC., That the sheriff of the parish
of Orleans or any Of his lawful.
deputies, or any constable Of said
parish shall serve all notices, sub
p9nas, attachments or other pro
cess herein authorized to be is
sued, who shall make due return of
the mode and manner of service
to the commissioner who issued it,
and for which he shall be entitled
to demand and receive the follow
ing fees and no more:
For serving each notice of sub
p9na50 cents.
\ For serving each attachment 81.
Sec. Ii. Belt further enacted,
ETC., That each of said commits
sioners shall be authorized to
charge and receive the following
/ fees and no more, to wit:
For issuing each notice % cents,
including copy Of the same.
For each subpoena or attach
ment % cents, including copy OF
the same.
For writing dispositions of wit
nesses, with caption and certificate,
for each 100 words, 20 cents.
For afixing official seal % cents.
For swearing each witness, %
cents; to be charged like other
costs, with the costs of the suit in
which the testimony is taken, the
above fees and no more may be
charged when executing commits
sions from other parishes or States
Sec. II. Be it further enacted
} ETC., That any party to a suit OF
proceeding.in any of the courts OF
, this State shall have the right to
have the personal attendance Of
} any witness in open court, on the
trial of his case, by his filing in
} the suit his application for a sub
p9na for any such witness, accom-
panied by the affidavit of himself
or his attorney, that the persona
} attendance of such witness IL
l open court on the trial of the cast
2 is necessary, in order to elicit the
t truth from such witness, which
cannot be done by taking his de
(, position out of court, and that il
: all cases where a jury is prayed
$ for and granted by the court, thu
e party shall be entitled to have tn
: witnesses subp9naed to attend il
q open court without the above aft
), davit, if he shall so desire in writ
e ing fled in the suit.
y Sec. 13. Be it further enacted
ETC., That all laws and parts @
|, laws in conflict with the proviS
II ions Of this act are hereby repea
k ed.
# Sec. IA. Be it further enacted
Y ETC., That this act shall take e
e feet 80 days from its passage.
~ CHAS. W. LOWELL,
= Speaker Of the House of Representatives.
e OSCAR j. DUNN,
LieutGov. and President of the Senate.
, H. c. WARMOTH,
1, Governor of the State of Louisiana.
lie Approved September 10, 1868.
,r a true copy
u GEO. E. BOVEE,
10 Secretary of State.
e -~