New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-19
OFFICIAL l..
I,ass of fhe rnfted states Passed Mt the
Third ses.ian Of the FOTty-~ec0nd
Congress.

Congress.
GENERAL EATvR::-Eo. :.
An act SUPPLEMENTAL to and aInendatory CT
an act entitled An act 20 prescribe lie
node Of obtaining evidence II eases OF
contested elections. approved FebrEary
nineteen, eighteen hundred and Ltty-one.
Be il enacted by the Senate and House Of
Representatives OF the United States OF
America in Congress assemp!e'!. IAat N a.!
contested election cases me t-lne aIloWeH
for taking testimony shall! ne ninety days.
and the testimony shall Dt t&hth III me Io!'
lowing order: The contestant shall take
testimony during the frs: forty days: the
returned member during the succeeding
forty days: and the contestant mag TAX"
testimony in rebuttai only during 'he re.
naming ten DAYS of said uerlod. Such tes-
timonY in Tebuttal may De taken on FIVE
days notice. Testimony may oe taktH "a.
two or more places ~ the same t!ine.
SEC. >. Dispositions Of witnesses residing
outside Of the district and oevonG The
reach Of a subpoena. may be taken before
any officer authorized by law 20 take :esti-
mony in contested election cases III The as
trict IN which Ike witness 20 ue examined
may reside.
SEC. 3. That the parry desiring 20 take q
| deposition or dispositions under the prov
| siOns OF this act, or OF the act 70 winch this
is an amendment. sha! give the oppo-
| site party notice. II Whiting. OF The
| time and place. when and where. the same
| vii! be taken, as wei. as OF the name OF he
! witness or witnesses 70 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 o; MS aU-
! thorized by hin! 70 take testimony or cross
| examine witnesses N the matter OF such
| -, Ia .srl Il
gence, such personal service can he made.
| but if, by the use Of such diligence, per-
| sonai service can not ne made. The ser
vice may be made by leaving a dup.l'
cate OF the notice az The usual place OF
| abode OF the opposite party. lie notice
| shall be served so as 70 allow the opposite
party sufficient sine by the usual route OF
| travel to attend, and one day Tor prepare
tion. exclusive of Sundays and the day OF
service. and the taking OF the testimony
may. if SO stated Il the notice. be adjourned
| from dav to day. The notice, with thc
| proof or acknOwledg meDt Of the service
| thereof shall he attached 10 The dispositions
when completed The party notified as
| aforesaid, his agent or attorney. may. " h"
| see tit, select an officer thavlng authority
to take depUsit.oIs il such cases. TO OH.
ciate. with the. officer named i'll the notice.
IN the taking OF :he dispositions: and ii
both ouch officers attend. the depo-
sitiOns shall be taken oetOr: them
botn. sitting together. and be GER
titled by them both. But II only one
Of such officers attend, the deDOsitions may
he taken before and certified by him alone.
l. shall be competent before the parties.
their agents. or attorneys authorized 20 act
in the premises. by consent il writing. TO
take dispositions without notice: and i shall
also be competent !or them. ry sUcn WriC-
ten consent, 10 taxi. Gelrs.t.OLS ,WActnGr