Le Louisianais. [volume] (Convent, La.) 1865-1883, 1869-04-03

10 provide Tor taking The testimony If wit,
nesses IN suits pending in the court of Til,
+ srer1or !, BE ii enacted by The Seune ana
{ House # Representatives. IF the State IF Loni
sionn IN GenerI Assembly conrened. Tia,
+ in The several parishes Of this State (the ra,isl
OF Orleans excepted the clerks of the several
district and parish courts Of The several
parishes Of the State be and they are hereby
constituted commissioned for the taking Of
: dispositions ut witnesses 10 be used in any Of
I the courts of this State.
SIC. .. BE Il fythsr enacted, etc., Tia,
Whenever any party 10 a suit pending in any
OF the courts Of THIS State shall desire to have
The dispositions Of witnesses, on whose test.
mony he relics, taken in whiting. said pafiy
sh'H apply TO the clerk Of The cour, in which
said suit Is pending, 10 Lake the testimony Of
MS witnesses IN whiting, and iherenpon SAID
c'ctk shall proceed 10 take the testimony Of
such witnesses IN writing. either by himself
or some other dl>ln,errs,eA person. il his pro.
sence, after giving TO The opposite party OF
pattics, or their attorneys, at least two DAYS
previous notice Of The time and place specified
II SAID no'Ice and if the party Of MS councel
reside on, OF The parish, ten days notice >lla1I
be gwen, 10 date from HE service Of notice:
which Propositions, wien 50 teduccd to writing
as aforesaid, sAtIl b. sworn u aud siuncl ~
eafh wi,ncss i ll,cy know how 10 wife. II no,,
by their ordlnaty mark at,e,tri ly the clerk
Y y. 80.
taking The same, which dispositions, When so
ttken, shan De certified ID ny ne c|etk taking
The same, unlrr Tie zeal Of Tie cout, attached
t|larc'o, aud f~"ithwith f cd Ia the lccotds Of
tie suit.
NC. 3. BE L fart!er enaciei, &C., That
sh"nIi any Objection be made hy either Of the
parits, or lAeir attorneys, 10 Tie taking any
pant o. the w!oIe OF he deposition Of any wit.
neSs, II Shall " The day ul The clerk IL take
aoW NE question Of iie party, The answer d
The witness Thereto, aS well a, the objections
'nade to the SAME, STATING 10y whom surh
Objection is made, asa PAT Of he proceedings
LAD, The regularity Of wAicl, or any paIl Of.
which objection Shall be determined ty tie
court IN winch The Propositions are TO be made
on HE ltial Of the cause.
StC. 4, BE- il fa1ih.r enacted. etc TIA,
all dispositions Of witnesses taken as aforesaid
shall be evidence for either party des,inr Ia
use The same on The trial Of lie sui, il, wb ch
they are taken, subject to the rejection hy lie
contt Of >nrh PORTION or tie whole thereof as
may have been objected to a, the ,,kinr ~
the st,n", or such Other legal oblrcliou as may
De made 10 the introduction thereof n, M.
ltiaI If the cause.
SEC 5. Be il FURTHER enacted, ETC., Thai
%'orl!'e purpose of ~caf,yin. his ac, into eif.rl,
tlr cIrIk, Of The courts be and they are hereby
empowered to compel attendance of witnesses
hy Subpoena or attachment, as the case may be,
issued IN the case and ia The name Of he count
where The testimony is TO be taken,
SEC s. Be il, further eraclcd. etc. Thai
all notices. snhp"nas OF attachments issued ty
SAID clerk shall be served by the sheriff Of III.
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
mnnacr OF the services.
- - bt u JdIiHsF PHJCtsI, &C., ] iIl
III" >l'eilti or constable serving such notice.
subpoena or attachment, shall be entitled 10
charge the same fees and mileage allowed by
The Tee bill tor serving snbpenas, and that the
clerk lakin. such dispositions shall be allowed
To charge and receive the following fees, and
no more, 10 Wi:
For issuing each notice 10 parties, with seal,
iwen,y-hy~cen,s, including copy of the same
For issuing eacl, subpoena or attachment.
with seal, twenty-five cents, including copy
Of The same.
For swearing each witness, twenty cents.
For whiting each caption and deposition Of
each witness and certificate, for each one
hnndted words, twenty cents.
For ailixing seal, twenty-five cents, which
fee shall be charged like other COSTS, with the
cost OF the sui, in which they are taken.
SIC. 8. Be ii further enacted, etc Tina,
for the purposes OF This ac, within the parish GYi
Orleans, any notary public or clerk Of a his'ric,
court is hereby appoined commissioned to take
testimony Of Witnesses ftt- stiftt= ae#44ia. IN The
courts of the parish of Orleans, before either of
whnm the parties TO any suit pending in any
cour, of the parish of Orleans may proceed 10
have the testimony Of witnesses taken in the
mode and manner hereinbefore specified, and
said commissioners shall be vested with all the
powers herein granted to the clerks of the courts
out of The parish Of Orleans; aud provided thai
said commissioners, or either of them, may
proceed 10 take such deposition, on giving
twenty. four hours notice TO the opposite party,
or his council, Of the time and place of taking
the deposition for This purpose %notaries public
are authorized to administer oalIs and 10
execute commissions, ,d,ake testimony issued
from other States or parishes Of This State in
the manner required by. law.
SEC. 9. Be 1t further enacted, ETC, That
said commissioners shall, Oh the completion of