New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-23

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SECTION /. Be it enacted by the Senate
and House of Representatives of the State
OF Louisiana in General Assembly convened,
| That in the several parishes of this State
| (the parish of Orleans eycepted) 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 dispositions of witnesses to De
used In any OF the courts of this State.
| SEC 2. Be it further enacted, ETC., That
| whenever any party to a suit pending In
any OF the Courts Of this State shall desire
| to have the dispositions of witnesses, on
| whose testimony he relies, taking in writ.
| ing, said party shall apply to the Clerk of
| the Court in which said suit is pending to
take the testimony of his witnesses, and
| thereupon said Clerk shall proceed to take
the testimony of such witnesses in writing
either by himself or some other disinterest-
ed person, in his presence, after giving to
the opposite party or parties, or their attor.
neys, at least two days previous notice of
the time and place specified in said notice;
and If the party or his counsel reside out of
the parish, ten days notice shall be given,
to date from the service of notice; which
dispositions, when so reduced to writing 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 dispositions, 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 of the deposition OF
any witness, it shall be the duty OF the Clerk
to take down the question of the party, the
&C
objections made TO the same, stating by
whom such objection is made, as part of
the proceedings had, the regularity Ut
which, or any part of which, objection shall
be determined by the Court in which the
dispositions are to be made on the trial of
the cause.
SEC. 4. Be it further enacted, etc. That
all dispositions Of witnesses taken as afore-
said, shall be evidence for either party de-
string to use the same on the trial of the
suit in which they are taken, subject to the
rejection by the Court of such portion or
the whole thereof, as may have been OBJ
jected 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
cause.
SIC. 5. Be it further enacted, ETC.,
That for the purpose of carrying this
act into effect, the Clerks of the Courts be
ard they are hereby empowered to compel
attendance of witnesses by subpoena or at
tachment, as the case may be, issued in the
case and in the name of the court where
the testimony is to be taken.
SEC. 6. Be il further enacted. etc, That
all notices, subpenas or attachments issued
by said Clerk shall be served by the Sheriff
of the Parish or by his Deputy, or by a
Constable in case of the absence of the
Sheriff or his Deputy, who shall make due
return of the mode and manner of the SER
vices.
Sec. I. Be it further enacted, ETC., That
the sheriff or Constable serving such notice,
subpoena or attachment shall be entitled to
charge the same fees aud mileage allowed
by the fee bill for serving subpenas and
that the Clerk taking such dispositions shall
be allowed to charge and receive the follow
ing fees, and no more, to wit:
For issuing each notice to parties, with
seal, twenty-five cents, including copy of
the same.
For issuing each subpoena or attachment,
with seal, twenty-five cents, including copy
of the same.
For swearing each witness, twenty cents.
For writing each caption and deposition
of each witness and certificate for each one
hundred words, twenty cents.
For affixing seal, twenty-five cents, which
fee shall be charged like other costs, with
the cost of the suit they are taken.
+. SEC. 8. Be it further enacted, etc, That
for The purposes of this act within the par
ish OF Orleans, any notary public or clerk |
OF District Court is hereby appointed |
Commissioner to take testimony of wit
nesses in suits pending in the courts of the |
parish OF Orleans, before either of whom the |
parties to any suit pending in any court of |
the parish of Orleans may proceed to have |
the testimony of witnesses taken in the |
mode and manner hereinbefore specified, |
and said commissioners shall be vested with |
all the powers Refrigerated to the Clerks of |
The Courts out of the parish of Orleans: and |
provided that said commissioners, or either |
1f them, may proceed to take such deposi. |
ion, on giving twenty-four hours notice to |
The opposite party, or his counsel, of the |
lime and place of taking the deposition: |
Tor this purpose notaries public are author.
zed to administer oaths and to execute |
commissions, to take testimony issued from
'ther States or parishes of this State in the
manner required by law.
SEC. 0. Be it further enacted etc. That
aid commissioners shall, on the completion
II the deposition taken before them, Sc.
.urely 1nclose the same in an enYelop and
leliver the same to the Clerk of the Court
n which the suit is pending. M
SEC. 10. Be it further enacted, etc., That
he Sheriff of the parish of Orleans or any
II his lawful deputies, or any constable of
AID parish shall serve all notices, subpe- |
las, attachments or other process herein
authorized TO be Issued, who shall make
Iua return of the mode and manner of ser
ice to the Commissioner who issued it, and
or which he shall be entitled to demand
nd receive the following fees and no more:
For serving each notice or subpoena fifty
ents.
For serving each attachment one dollar.
SEC. IL. Be it further enacted, etc., That
ach of said Commissioners shall be author.
sed 10 charge and receive the following
.es and no more to wit: .y
For issuing each notice TWENTY-FIVE cents,
lcluding copy Of the same. st.
For each subpoena or attachment twenty
We cents, including copy of the same.
For writing dispositions of witnesses, with .
aption and certificate, for each one hundred
ords, twenty cents.
For affixing official seal, TWENTY-FIVE cents
For sweating each witness, twenty cents:
J be charged like other costs, with the
,sts OF the suit In which the testimony is
ken, the above fees and no more may be
larged when executing commissions from I
her parishes or States. a9fn1gnHG FL
SEC. ~. Be 1t further enacted, etc, That 9
~ party 10 suit or proceeding In any of
e courts Of this State shall have the right :
have the personal attendance OF say
ltness in open court, on the trial of his
sc, By his ding in the suit his application Z
a subpoena for any such witness, accom- ?
MED BY the affidavit Of himself Of his a. T
rney, that the personal attendance OF such
tness in open ccurt on the trial of the
Sc is necessary, In order to elicit the truth |
I'm such witness, which cannot be done
taking his deposition out OF court, and
At In all cases where jury is prayed FOR b
d granted by the court, the party shsll be Of
titled TO have the witnesses subpenaed 10 Pc
lend in open court without the above afi- ~
Wit, If he shall 90 desire IN writing filed u
the suit. ea
SIC. rs. Be It further enacted, etc. That "a
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