The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-02
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| AN ACT TO PROVIDE FOR TAKING THE TESTIMONY OF
WITNESSES IN SUITS PENDING IN THE COURTS OF
THIS STATE.
SECTION 1. BE IL enacted by The Senate ans
House Of Representatives. Of the State of Louisi
ana in General Assembly Convened, That In The
several parishes of this State 1.-THE parish of Or
leans excepted) the clerks of the several distrc,
and parish courts of the several parishes Of the
State be and they are hereby constituted commits
sioners for the taking of dispositions OF witnesses
TO be used In any of the courts of this State
SEC. =. re HJ,otteT enacted. etc., That when
ever any party to suit pending in any of the
courts OF this State shall desire to have the depo
sltions OF witne sses, whose testimony he relies
taking IN writing, said party shall apply to the
clerk OF the court in which said suit is pending to
take the testimony of his witnesses, and thereup-
on said clerk shall proceed to take the testimony
OF such witnesses In writing either by himself or
some other disinterested person, in his presence,
alter 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
II the party or his counsel reside out of the parish
ten days notice shall be gwen, to date from the
service OF notice which depositions when SO re-
duced to writing as aforesaid, shall be sworn to
and signed by each witness il they know how to
write, # 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.
sFS be made By Glitter 81 the Thai psr iss" q
their attorneys, TO the taking any part or the
whole OF the deposition of any witness, il shall be
the duty of the clerk to take down the question of
the party, the answer of the witness thereto, as
well as the objec tons made to the same, stating
by whom such objection is made, as part of the
proceedings had, the regularity of 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:
70 f...sfb ofo m
dispositions of witnesses 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, subject TO the rejection by the court of
such portion or the whole thereof 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 cause.
SEC. 8. BE dttotter enacted ETC., That for the
purpose OF carrying this act into effect, the clerks
of the courts be and they are hereby empowered
TO compel attendance OF witnesses by subpea IA or
attachment, 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 Used 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
services.
SEC. Z. BE II further enacted, ETC., That the
sheriff or constable serving such notice. subpoena
or attachment shall be entitled to charge the same
fees and mileage allowed by the fee bill for serv.
ing subpenas, and that the clerk taking such de-
positions shall be allowed to charge and receive
the following fees, and no more, to wit: 1
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 hun ired
words, twenty cents.
For afixing seal. twenty-five cents, which fee
shall be charged like other costs, with the cost of
the suit they are taken s.-l - - |
SEC. 8. BE Il further enacted, etc., That for
the purposes Of this act within the parish of Or.
leans, any notary public or clerk of a district
court is hereby appointed commissioner to take
testimony OF witnesses 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 Witnessed taken in the mode ana
manner hereinbefore specified; and said oommis-
q granted to the clerks of the courts out of the
'arish OF Orleans; and provided that said COM
nissoners, or either Of them, may proceed TO
axe such deposition. on giving tweniy-four hoars'
ime and place of taking the Deposition /: FOR this
'urpose .notaries public are authorized to admins.
er oaths and to execute commissions. to take
esumony issued from other States or parishes of
aAC itQulI6u Dy law.
SIC. 3. BE u TtUfteT' enacted, ETC.. That said
shall, on the completion of the de-.
position taken before them. securely inclose the
anne IN an envelop and deliver the same TO the
Jerk OF the court in which the suit is pending.
bEc. 10. BE a further enacted etc That tho
herIf OF the parish of Orleans or any of his law.
n deputies, or any constable Of said parish shall
erye all notices, subpGnas attachments or other
recess herein authorized to be issued who shall
lake due return Of the mode and manner of ser.
ice 10 the commissioner who issued il, and for
Ihich be shall be entitled to demand and receive
be following fees and no more:
For serving each notice or subpoena ffty cents
For serving each attachment one dollar.
SIC. III. BE u further enacted. ETC., That each
faid commissioners shall be authorized 10
barge and receive the following fees and NO
ore, to wit: Geo 1.a- l-7.---
Fer Issuing each notice twenty-five cents. in.
uding copy of the same.
For each Subpoena or attachment twenty-five
'nts, including copy of the same.
For writing dispositions of witnesses with can. ,
IN and certificate, for each one hundred words,
Ieuty cents. tl4Altsl fE- 81 .
For afixDg official seal, twenty-five cents. ~
For swearing each witness, twenty cents: to !
charged like other costs, with the costs of the /
It IN which the testimony Is taken, the above {
ss and no more ms be charged when execu- {
& commissions from other parishes or States. /
SIC. IL. Be nather enacted. etc., That any I
rty 70 suit or proceeding in any of the courts !
hfo Cta<o l~I1l - A. /