New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-28
lGESERAL EA!rHI.-Eo. :

| An act supplemented: to aud anen.iato,v Of
an art entitled "Au act to prescribe the
mode OF obtaining evidence in cases OF
contested elections" approved February
nineteen. eighteen hundred and ttty.one.
Be it enacted by :he Senate and I.ou3. Of
Representatives nf the United States ".
America i'll Congress assembled, That in Ill
contested election cases the time allowed
for taking testimony shall! be ninety days.
and the testimony shall, be taken in the fol
Towing order: The contestant shall! take
testimony during :he frs, forty dayR: the
returned member durin. the succeeding
forty days; and the contestant may TAX.
testimony in rebutta: only during the re
!! naming ten days of said period. Such t"--
timonv III rebGttai may be taken on tive
DAYS notice. Testimony may be taken q:
two o. more places at :be same time.
SEC. :. Dispositions ~, witnesses residing
outside O: the district and beyond II.
reach OF subpoena. may b. taken ",.:jre
any officer authorized by law 70 tale :.-ti.
n0ny III cont. sted election case. in n. lis
trict in which the witness ~ be examined
may reside.
SEC. .. Thai The party de-rin" &c take :.
deposition OF Iepos!.io under ia: pro.i-
6iOns 81 this act, or Of the act to who. :L.-
is an amendment, shall! give the oppo-
site party notice, IL writing. of ia,,
time and place. when and where. the s.ina
viii be taken. as well ar 81 the name OF the
witness OF witnesses to be examined. and of
the name OF an officer before whu'l. the
sam" VIII be taken. Th. notice ehal: BE-
personally served upon th. Opposite Ii.v,..
Or upon any ag,E. ~ attorney oi tbs an
thUi!l'G by him to take s!iInuny OF ..rcs =
examine w:tnease. in the mater 81 suci!
contest, II. by th. Gs. of reasonable ,.i'i.
gence. SU.l personal service can be u. tt.:
but ii, by the use o! such diligence. per.
soma! service can not be made. the So
vice may be mad. - l.av!E.. :. iupi..
cate OF the note AZ h" u-..a' place 81.
abode o. the opposite party. Til" notice
shall be served - Is to allow the "ppoz.t..
party sufficient ,!n- b. III" ,.sua! route -
travel - attend. ard one day 10y ,r.para-
ton. exclusive. Oh Sundays and the dty Of
service. And the 'ak!u-, y! thc testimony
may, i 80 stated il. he notice. be .,lj 1urued
from day I" day The r.:lc., wI:i. The
proof CT acknowledgements a.! The -ar;,ra
thereof. -hal! h. attached 20 me :. ,,,s: ION
when c0Hp2lete:. The parry notified. as
aforesaid, his agent CT attorney. NAV. j. -.
st" nj. select az 'ii:cr- ihaving authority
10 take deposit!ons il. sucl, ,ases) 10 OH
cIat". with The "!'.""r named III IL. rg'!t..
in the taking Of III. .i-po>iticMS: and j.
both such officers attend. ,he ,lrro-
siu0ns shall hs taken before them
hoth, sitting together. and II. Ger
titled by them botit. HIt j: only one
o: such officers attend. ihc 1ep0.itioua NAV
be taken before aud certified by ii., alone.
1t shall be competent before Ii. parties,
their agents, or attorneys authorized 10 act
in the premises, by consent in writing. TO
take dispositions "!.h"Ut notice: and il -hdl!
also be competent 1ev them, by such writ
ten consent. to take depositiun- whether
upon or without nolicel before any officer
OF officers aUlb oTiza.l 20 take depusitions IN
common law, or civil! actions. or in chan,
Gerry. by either tha laws o: the United
States or OF the State il which the same
may be taken. and ~ waive proof OF
the oftcia! character Of such Otiicer or
officers. any written consen. given rs
aforesaid Shal. he returned with the dep
o-IuOus, and every such officer 70 chosen
ty the parties. their agents or attorneys.
and officiating. shall, have all TIE pow.r5 in
the premises that are conferred ty tn. act
% which this ~ a.. amendment upon the
officers named therein. At tn" taking 81
any deposition Under this act. or the act -
Whicl! this ia an amendment. either party
may appear ard at IL person. o. by a.eG:
or attorney.
SIC :. All ofiioors taking tes';ao, :. "a BE
used in d contested election case. whether
by deposition or other wise. shall. when the
takIu. o. the same Il "nmp!ef"d. and
wjthOu: unnecessary delay. certify ,he
sane. and carefully seal and Immediately
torwar,! the same. by mail. addressed !, the
:ierl. "t the House Of Representatives OF
The United States. Washington. d. C., and
shall also irdCr5o upon the envelope con
tainln. sue! deposition or testimony The
name ot Ii. ca-. ia which il is taken. to-
-"ther with The name %. the party "a who's.
beh9l! II s taken. and shall -ub-yi,yo such
Endorsement. Upon the written r.r,Ie.. CT
either party. the Clerk a.. :hc nou.. OF
Representatives. shall open ary deposition
a. any time after be shall have received the.
sa'". and he may furnish e!t..cy ...r.y Win
Il copy thereof.
Approved JANUARY &c 1873.