New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-21
. T. CT 4 l..
Lnws OF the CniteG STATE. Passed at the
Third Session CT the F0Tty-SecOnd
Congress.

| Third Session CT the F0Tty-SecOnd
| Congress.
| IGLNER.L. \ .rrKE-No. 5
| Az act supplemental t" and amendatorr Of
an act entitled An act 10 prescribe the
| mode OF obtaining evidence in cases OF
! contested elections" approved February
nineteen. eighteen hundred and titty-One.
3. il 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,
! ald the testimony shall be taken in the fol.
| lowing order: The contestant shall take
testimony during the first forty days; the
retained member during the succeeding
forty days: and the conte st&Dt may take
testimony in rebuttal only during the re-
naming ten days OF said period. Such tes.
timonv in rebuttal may be taken on five
days notice. Testimony may be taken at
two or more places at the same time.
SIC. . Dispositions of witnesses residing
outside OF the district and beyond the
reach Of q subpoena. may be taken before
any officer authorized by law 10 take testi
muny in contested election cases IN the dis
trict in which the witness TO be examined
may reside.
SEC. 3. That the party desiring &c take u
deposition or dispositions under the provi.
siuns of this act. or of the act to which ills
il an amendment. shall give the Oppo-
site party notice. in whiting. OF the
time and place. when and where. the same
will be taken. as well az 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 shat! be
personally served upon the opposite party,
or upon any agent or attorney of his au-
thorized by him to take testimony or cross.
contest. if, by the Ust. of reasonable dill
gence, such personal service can be made:
but if. by the use OF such diligence, per.
sonal service can net be made, the SER
vice may be made hv leaving a dupl'
cate of the notice at the usual place OF
abode Of the opposite party. The notice
shall be served 50 to allow the opposite
party sufficient time 10y til" usual route of
travel u attend. and oGe day Tor prepare
ton. exclusive Of Sundays aud the day of
service. and the takin. Of the testimony
may. if So stated III the notice. be adjourned |
from day to day. The notice. with the !!
proof or acknOW leigH:-ut II the service |,
thereof. shal! be attached 10 he dispositions !
wb.u completed Il- party notified as !;
aforesaid. III. agent OK attorney. may, if he =!
Sc" IT. select an ;.r"r iha, N. uIho,itv ;
to take urpositl"ns y. >mch cases: Ia OIL |
ciatr. with III. officer :lHmc.! in the notice. ;
/" the tek u: Of the dru">it!ru~: ANA il ,
both zach officers i tend. tho drl,"-
sit!0u. >,ali h. 'Ih-n he:o!.. th"m !:
b.tH. .itt!u. :":i!tl. an! h" Ger. ,
tilted hy iH-sn h.t. !;;; j. "n!y one !
y! sa.h officers attend. ~" .l"i.n.i.rr- NAV I.
be taken r.!ur" and certified hv ..im alone.
Il Slat: hr competent t":u!" the parties,
then agents. y: attorneys AIT" l.d 10 ..,.;
in the iIcimi>'>. h.. consent ~ writing. 10
take dispositions without r"!."s and j: shali
also tc a. mI'e.rut :i' ,h"m, hS s.icii writ
ten consent, - take ht!t"sIii"D< tNhethcr
upon OF without notice. before a,ly officer
o.: officers authorized to take acquisitions IN
coin!non law. O. ElNi: actions. or III chan
Gerry, by either the laws Of the United
States OF of the State ii which the same
may he taken. and to waive proof OF |
the official characte. .. such officer or
officers. Any written consent given as
aforesaid shall be returned with the dep.
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
to which this is ar amendment upon the
officers named therein. At the taking OF
any deposition under this act. or the act 10
which this il an amendment. either party
may appear and act IN person. or by agent
u attorney.
SEC. 4. All officers taking testimony 10 be
lsed in a contested election case. whether
oy deposition or otherwise. shall, VIXEN the
aking "f the same Is completed, and
without unnecessary delay, certify the
zane. and carefully seal and Immediately
onward the same. by mail. addressed to the
Clerk OF the House Of Representatives of
he United States. Washington. ID. c., and |
hall also iEdorsc upon III. envelope con
aiming sncll deposition or testimony the
lame of the case in which it il taken TO. |
sethcr with the name OF the party in whose
behalf it il taken. and shall subscribe such
ndorsement. Upon the written request of
ith.r party. the Clerk Of the House OF
shall open any deposition |
u any time after he shall have received the
anne. and he Iuay furnish either party with
copy thereof