New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-13
fGENER.i. NArr.a--No. ~

An act supplemental to aud amendatorv of
an act entitled IAN az: 20 prescribe tie
mode OF obtaining evidence in cases of
contested elections. approved February
nineteen. eighteen hundred and fifty one.
Be 1t enacted by the Senate and House of
Representatives OF the United States of
America in Congress assembled. That in all
contested election cases TIN 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 -he contestant may take
testimony in rebuttal only during the re-
naming ten days of said period. Such tes-
tIln0nE IN rebuttal may b. taken on five
days notice. Testimony may BIZ taken at
two or more places at the same time.
eE.. :? Dispositions OF witnesses residing
outside o: the district and beyond the
reach OF subpoena. NAV be taken before
any officer authorized by law 10 take testi
mony in contested election case, in the dis
trict in which the witness to be examined
may reside.
SEC. j. That the party desiring 20 take a
deposition or deposition, under the provi-
siOns of this act, or of the act to which this
IL an amendment. shall give the OppO-
site party notice. in writing, OF the
time and place, when and where the same
will be taken, as we'll as of the name of the
witness or witnesses to 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-
thOcizet by him TO take testimony or cross
examine witnesses in the matter OF such
contest, If, by the use of reasonable dill.
geDce, such personal service can be made:
bur if. by the use OF such diligence, per
sonai service can not be made. the SER
vice may be made by leaving . dupli.
cate OF Tho 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 I" attend, and one day for prepare
ton. exclusive OF Sundays and the iay of
service. and the taking of the testimony
may. If 50 stated in the notice. be adjourned
from day to day. The notice. with the
proof or aeknOw led gment 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 fit, select an officer (having authority
TO take dispositions in such cases. 10 Off
ciate. with the officer named in the notice.
in the taking Of the dispositions: and if
both such officers attend. the depo-
sitiOns shall be taken before them
bOtn. sitting together. and be GER
titled by them both But it only one
of such officers attend. the depositions may
be taken before and certified by him alone.
1t shall be competent before the parties,
their agents. or attorneys authorized to act
in the premises. by consent in writing, to
take dispositions without notice: and it shall
also be competent for them. by sach writ
ten consent. to take dispositions whether
upon or without notice. before any officer
or officers authorized to take depostion. in
common law, or civil actions. or in chan
Gerry. b. either the laws OF the United
States or of the State in which the same
may be taken. and 90 waive proof of
the official character of such officer or
officers. Any written consent given rs
aforesaid shall he returned with the dep.
OsltiOns: and every such officer SO chosen
by the parties. their agents or attorneys.
aud officiating, shall have all the powers in
the premises that are conferred by the act
TO which this IL al amendment upon the
officers named therein. Al the taking of
any deposition under this act or the act 20
which this is an amendment, either party
may appear and act in person. or by agent
Oh att !ney.
SEC. l. All officers taking testimony 20 be
used in a contested election case. whether
by deposition or otherwise. shall, when the
taking OF the same is completed. and
without unnecessary delay, certify the
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, d. c.. and
shall also iGdOrse upon the envelope con-
tanning such deposition OF 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, Upon the written request of
either party. the Clerk Of the House OF
Representatives, shall open any deposition
at any time after he shall have received the
same, and he may furnish either party with
d copy thereof.
Approved January 10. 1871.