New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-12
GENERAL NATrRE~Ne. )


An acg supplemental 80 AMI anle n.la."-g %
an ac: entitled An act 10 prescribe t}l~
mode of obtaining evidence IN cases -:
contested electioGs,' approved February
nineteen. eighteen hundred and :l.tF-Hnc
Be it enacted by the Senate and House Of
Representatives of the United States o:
America in Congress assembled. That IN al.
contested election cases the tim" allowed
for taking testimony shall be ninety fav'.
and the testimony shall be taken in the to-.
lowing order: The contestant shall take
testimony during the first forty days: tho
returned member during the succeeding
forty days: and the contestant may take
testimony in rebutta! only during TIN. res
naming ten days of said period. Such :es'
timOnv in rebuttal may be taken o.! i've
days notice. Testimony may be taken ~
two or more places at the same time.
SEC. y. Dispositions of witnesses residing
outside OF the district and beyond :b'
reach Of subpoena, may be taken before
any officer authorized by law to take test.
mOny in contested election eases IN the dis.
trict in which the witness to DE examined
may reside.
SEC ). That the party desiring to take
deposition or dispositions under the prov:r
sions OF this act, or OF the act to which This
is an amendment. shall give the oppos
site party notice. in writing. OF the
time and place, when and where. the same
will be taken, as well as Of the narne,Ot the
witness or witnesses to be examined. and 0:
the name of an officer betoge whom the
same will be taken. The notice shall ba
personally served upon the opposite party.
or upon any agent or attorney OF his auo
thorized by him to take testimony or c.Osso
examine witnesses in the matter Of sucip
contest. if. by tho Use OF reasonable dil%
gence, such personal service can be Aades
u, i
sOnai service ran not be inad,% Che SEP
vice may be made by leaving :, icD!Sa
cate OF the notice at the usual place os
abode o. the opposite party The aotice
shal. be served 50 as TO allow the opposite
party sufficient time bp liz. usua! youte 0S
travel to attend. and one Gay Tor prepars
ton, exclusive .t Sundays aud the .iss OF
service. And the taking ct the testimony
may if so stated in the notice. be adjourned
from day 10 day. The notice. WA the
proc: or acknowledgment OF .hs segs;ce
thereof. shal. be attached 20 the dispositions
when completed. The party notified 80
aforesaid. hi. agent OF attorney. may. i hs
see tit. select all officer thaving authority
70 take dispositions in such casest 20 9th.
ciate, with the officer named IA tae q, tice.
IN she taking OF the dispositions and L
both such officers attend. she siepOo
sitons shall BE talseA 5ato;' shem
botn. sttin. together. snd b. Seg-
titled Wv them botls But IL @Aiy one
OF such officer. attend. the deDos!r!aGs nag
be taken before and certified by him alone
Il .h.l! be competent before tls' Parties
their agents. or attorneys aUth,&iz.a 20 az
in the promises. bv consent in writing. 81
take dispositions without notice: ana i. shall
ais. be eolnpetent for them, w suen wit
ten consent. 10 takr dispositions .@setAss
upon or without notice, "ef.re ANY sttices
o! officers authorized 20 take slepus ell ia
common law. or civil actiyus. OF sa shaA-
cery. Uy either the iaws OF the CuiteG
States or OF the State ia winch she same
may he takehs and So waive v:0G! @s
the official character Of sucs st.ics: %
officers. ANY written e0nsrU: given 49,
aforesaid shall be Returned With 81. dep
0SItlOns: and every such offices % Ph-.ses
by III" parties, theiE agent. ~ attJ&l~ya
and officiating, shall have all the powers IA
the premises that are conferred l.. 'h. 8cr
to which THIS Is ~. Amendments VI~L4 @Ae
officer. named therein. 81 ih. taking II
any deposition under this ssct. Of tse Sct 80
which TIL. ~ an amendment. eith.r patty
may appear and acs ia person. Sy o. seRs
or att rney
SEC. .. Al. officer. salins s9ssisnong 70 be
used ia Il contested election EASE. Mls.:nes
by deposition or otherwise. shall. ~lrn ths
taking "i The same IL Sornp.etesA ana
without unnecessary delay. certify 'As
same. and carefully seal aud immediately
forward the same, by mail. addressed 20 the
Clerf OF the Nouse OF Representative. OF
the United States. Washington, y. &. ana
shall also iGdCrse upon ,hs envelope con.
tanning such deposition o. testimony the
name OF the ease in which IL j. TAX, p, 20
g"theT with Che name OF the party IL whose
behalf il Is taken. aHd shsli .itis-c:.sc sAcA
Endorsement. Upon The written :.4Ws. o!
either party. III. Clerk .: ME h.uS4 ~
Representatives. shall open any deg.,
at any time after he shal! have received t.Ge
same. and he may :aTs!sA e!tR.,S patty viii
i copy thereof.
Approved! JANUARY H. ism