New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-15
'GLNLEiL NATUEE-Eo. 81

Ar &c. supplemental 20 aui: arlenda.orv q!
az az entitled An a., TO prescribe tie
mGu. OF obtaining evidence IL cases a.!
contested! elections" approved February
Hin''ecn. eighteen hundred and titty- one.
BE Il enacted l." me Senate AMI House of
Representatives. q! the United States of
Am@I..a IL C"ngGG-. assembled. That in i
contested election! cases the time Above!
.ur taking testimony shall be ninety DAYS.
and the testimony shall be taken in the fol-
loving ORDER: The contestant shall, take
testimony DARN: tie first forty days; die
retained mem"er during the succeeding
.1l:v days: ana tn" contestant may take
testimony - !:bUtta! only during the re-
ina!nlng .en DAYS OF said period. such tes
ti!noEy II r..uttai may be taken on five
days notice. Testimony may be taken d.
tryo Q! noe PAGES 4: the sam. Time
Sc. :. DISPOSITIONS OF witnesses residing
outside oi lie district and beyond the
reach u a subpoena. may be taken fore
any o1fic": authorized by law to take test
horN II r'nttstea election eases ia ;ne dis,
tllc, IL Which the witness TO be examined
may reside.
So. >. That the Nartv desiring 20 take a
deposition OK dcpusitiUns under the provi-
Sons o. this act, or 81 the act TO which thi.
= aC amendment. shall give the oppo-
site party notice. IN writing, of The
time and place, when and where, the same
viii be taken. as well as of the name OF the
witness or witnesses 20 be examined, and of
me name o. an officer before whom the
same viii be taken. The notice shall be
personally served upon the opposite party,
or upon any agent or attorney Of his au-
thorlz-t by him TO take testimony or cross
examine Witnesses in the matter of such
contest. i. by the use Of reasonable dill
genee, such personal service can be made:
";It Il, ny The use 81 such diligence, per
s"nal service can not be made, the ser
wee may be made by leaving a Iapli.
cate o. the notice at the usual place of
abode Of the opposite party. The notice
sh&l! be served 50 as to allow the opposite
party sufficient time by the usual Route of
travel - attend, and one day for prepare
tion. exclusive OF Sundays and the day OF
service. and the taking OF the testimony
may. !: 50 stated in the notice, be Adjourned
!.om day to day. Tie notice. with the
proof or stckno Wiedgment of the service
thereof. sGal! be attached TO The dispositions
when completed. The party notified as
aforesaid, MS agent or attorney. may. if he
see Il. select al 'ticer thaving authority
" take dispositions il such cases. % 0tti-
ciate. WITH The cticer named III the notice.
II the taking Of the depOsitions: and if
both such officers attend. the dep0-
s!tions shall be taken before them
b"th. sittin2: .2gather. and be cer-
tried by :heln both. But if only one
=: SUCH officers attend, the depOsitions NAV
be taken before and certified by him alone.
!: shall De competent before the parties.
-leii agents, or attorneys authorized TO ac.
III the premises. by consent in writing. 20
take dispositions without notice: and it sLa!
also !le competent far them, Dy such writ
.+n consent. 70 take dispositions whether
.ipon or without notice. before any officer
OF officers authorized to take dispositions in
common law. or civil actions. or in chan
cerT. by either the laws of the United
States Ct q The State i'll which the same
may lie :aAen. ana to waive proof ii
IA" 0tHC!ai character OF such officer CT
officers. ANY written consent given as
aforesaid shall :e returned with the dep
os!,ions: and every such officer 80 chosen
by the parties, their agents CT attorneys.
and officiating. sinai. have al! the powers in
the premises that are conferred by the act
% w!.ic!! dis is az amendment anon the
officers named tLe!e:n. A: the taking Of
any deposition undc: Ibis act. or the act 10
which tni- i IN amendment. either party
may appear "EG :.ct N person. Or by agent
o. att rloy.
SEC. !. Al officers taking testimony to be
used IL q v.ntts ted election case, whether
by deposition o. otherwise. shall, when The
taking OF tie same is completed. ana
w!tho". 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
he United States. Washington, d. c., and
shall also irdCrse 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 il is taken, and shall subscribe such
Endorsement. Upon the written request of
either party. the Clerk Of the House of
shall open any deposition
az any time after he shall have received the
same, and he may furnish either party with
q copy thereof.
A,,rIrJyrU Jauuarv TO- 1873