New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-22
GENERAL NArURE-No ~

| GENERAL NATURE-So,
/ An act supplemental 10 and amepdatory of
an act entitled An act TO prescribe the
mode OF obtaining evidence in cases of
contested elections. approved February
nineteen. eighteen hundred and tfty-one.
Be it enacted by the Senate and House of
Representatives Of the United States of
America in Congress assem- bed. That in all
contested election cases the time allowed
for taking testimony shall be ninety days,
and the testimony shall be taken in the fol
lowing order: The contestant shall take
testimony during the first forty days; the
returned member during the succeeding
forty days: and the contestant may take
testimony in rebuttal only during the re-
naming ten days ri sad period. Such tes-
timOnv in gebutta. may be taken on five
| days notice. Testimony may be taken at
two or more places at the same time.
SEC ,. Dispositions OF witnesses residing
| outside OF the district and beyond the
reach 81 Il subpoena, may be taken before
any officer authorized by law TO take ttstl.
| mony in contested election cases in the dis
| trIct III which he WItneSs to be examined
may reside.
SEC. 3. That the party desiring 70 take
deposition OF dispositions under the provi-
slons OF this act, or of The act to which this
| is an amendment. shall give the oppu-
| site party notice, III writing of the
| time and place, when and where, the same
will be taken. as well DIS OF the name of the
witness or witnesses 20 be examined, and OF
! the name of an officer before whom the
| same will be taken. The notice shall be
personally served upon the opposite party
or upon any agent or attorney Of his au-
thorized by him TO take testimony or cross
examine " illnesses i'll the matter of such
contest, if, by the use of reasonable dill
gence such personal service can be made;
but if, by the use of such diligence, per-
sonal service can not be made, the
vice may be made by leaving a dupli,
| cate of the notice at the usual place of
abode of the opposite party. The notice
shall be served SO as to allow the opposite
party sufficient time by the usual route of
travel to attend, and one day for prepare
| tion exclusive OF Sundays and the day of
service. and the taking of the testimony
| may, if so stated III the notice, be adjourned
| from day to day. The notice, with the
| proof or acknoW ledgment of the service
| thereof, shall be attached to the dispositions
when completed. The party notified as
| aforesaid. his agent or attorney, may, if he
| see tit, select an officer having authority
| 20 take dispositions il such cases) to Off
ciate, with the officer named in the notice.
| in the taking of tho dispositions; and il
| both such officers attend. the depO-
sitions shall be taken before them
both, sitting together, and be GER
tilted by them both. But if only one
OF such officers attend, the deDositions may
be taken before and certified by him alone.
IL shall te competent before the parties.
their agents, or attorneys authorized to act
in the premises. by consent in writing, 10
take dispositions without notice; and 10 shall
also be competent for them, by such writ
ten consent, to take dispositions whether
upon or without notice. before any officer
10
common law, or civil actions, or In chan
Gerry, by either the laws CT the United
States or OF the State in which the same
may be taken. and to waive proof of
the official character of such officer or
officers. Any written consent given as
aforesaid shall! be returned with the dep.
ositions; and every such officer so chosen
by the parties, their agents or attorneys.
and officiating shall have all the powers in
the premises that are conferred by the act
10 which this is an amendment upon the
officers named therein. at the taking of
any deposition under this act, or the act to
which this is an amendment. either party
may appear and act in person. or by agent
or attorney.
SEC. 4. AL officers taking testimony TO be
used in contested election case, whether
by deposition or otherwise, shall, when the
taking of the same is completed, and
"IlHouI unnecessary NtA"J, eoiCit Vio
same, and carefully seal and Immediately
forward the same. by mail. addressed TO the
Clerk OF the House of representatives Of
the United States. Washington, ID. c.. and
shall also iEd.rse upon the envelope con.
tanning such deposition or testimony the
name of the case IN which it is taken. to.
gether with the name of the party in whose
behalf it is taken, and shall subscribe such
Endorsement. .'pOn the written request of
either party, thu Clerk Of the House OF
Representatives. .hall open any deposition
at any time after he shall have received the
same and he may furnish either party with
a copy thereof.
Approved January 10. 1873.