New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-26
GENERAL NATURE-No. 8 I

An act supplemental. to and aineniatOrv Of
an act entitled IAN act 10 prescribe the
MODE Of obtaining evidence in cases OF
contested elections. approved February
nineteen. eighteen hundred and fifty one.
Be il enacted by the Senate and House OF
Representatives of the United States of
America in Congress assembled. That in all
contested election cases the time allowed
for taking testimony shall be ninety days.
and the testimony shall be taken in the toll
lowing order: The contestant shall take
testimony during the first forty days: the
returned member during the succeeding
forty DAYS: and the contestant may take
testimony il Tebuttai only during the re-
naming ten days of said period. Sucil ;e.-
timonv il vebuttai may be taken on five
days notice. Testimony may be taken at
two or more place. az the same time.
SEC. = Deposition. of witnesses residing
outside OK the district and beyond the
reach OF subpoena. may he taken before
any officer authorized ny law to take testi-
m0uv in contested election eases in the di.
tic. il which the witness 20 be examined
may reside.
SEC. 3. That the party desiring 20 take a
deposition or dispositions under the provi-
siOns OF this act, or OF the act to which this
is an amendment. shall give the OppO-
site part: notice, IL writing. o. the
time and place. when and where the same
WI. be taken. as we. as 81 the narlc OF the
witness Or witnesses 10 be examined. and OF
the name OF all officer before whom the
same wi! he taken. The notice shall be
personally served upon the opposite party.
ur upon any genr or attorney OF his au-
THO! I'd ijv HIM to take testimony or cross
examine witnesses IN the mater of such
contest. il. By the Use OF reasonable dill.
gence. such personal service ear be made;
bUt i. BIZ tLe use Of sUCl diligence, per
-onat service can not br made. the ser
vice may be made b,r leaving a dupli,
cate o: the motto. ST the usual place ot
abode OF the opposite party. The notice
shall be served 5. as to allow the Oppcsit.
party sufficient time b. the usual route of
travel to attend. and one day for prepara-
ton. exclusive OF Sundays and the day of
service. And the taking at the testimony
may. Il ~ stated III the notice. be adjourned
iron. day 10 dag. The notice, with the
proc; cg acknON ledgmeut OF the service
thereof. shall De attached 20 he dispositions
when completed. The party notified az
aforesaid. MS agent or attorney. may. if he
see II. selec. an 'tfcer thaving authority
To- take dispositions III such cases) 70 Off
ciat", with the officer named in the notice,
=. the taking Of the depOsitiOns: and if
r0tI ouch officers attend. the depU-
sitions shall he tahe1 betOr. chem
both. sitt!n. together. ami be GER
titled by them both. But il only one
OF such officers attend. the deDositons may
be taken before and certified by him alone.
Il sLa.. be competent before the parties,
their agents, ~ attorneys authorized to act
in the premises. by consent in writing, 70
take dispositions without notice: and it shall
also be competent for them. By such writ
zen consent. 10 take depVs,tions whether
upon o. without notice; before any officer
or officers authorized 70 take depOsitions in
common ta%. or c!vl. actions. or in chan.
ctrv, By eithe. the laws Of the United
States or OF the State III which the same
NAV he taken. and to waive proof Of
the otficia, character OF such officer or
officers. ANY written Consen: given as
aforesaid shall be returned with the dep
oSition5: and every suck officer so chosen
by the parties, thci; agents or attorneys.
and officiating, shall have al. the powers in
the premise, that are conferred by the act
to which this Is az amendment upon the
officers named therein. At the taking Of
any deposition under this act, or the act TO
which this i: an alue uGment. either party
may appear and act ia person, OF by a.en;
oc a.tSClev.
SIC. 1. All officers taking testimony to H..
used in contested election case. whether
by deposition or otherwise. shall, when the
taking ct the same i. completed, and
wltLou. unnecessary delay. certify the
same, and carefully seal and Immediately
forward the same. by mail. addressed to the
Clerk Ut the House OF Representatives, OF
the United States. Washington. ID. c. and
sha! also iGdorsc upon the envelope con
tanning such deposition or testimony the
name o. :Le ease III which IL is taken. 20
.ether with III. name OF the party in whose
behalf i. is taken. and shall suJserlb. sucl,
endorsement Du;, thf. written REQUEST o!
either parry. tAc Clerk e.. ,the House of
Representative shall open any deposition
at any time after he shall have received the
sane ana lie may furnish e!th": party With
a cops thereof.
A.,.ove4 January IL. Isl.