The south-western. [volume] (Shreveport, La.) 1852-1870, 1855-07-18
An ACT relative to Monitions and the mode OF pro-

AN ACT relative 10 MoHltioito 'hofc VI PtN-
ceedng.
Section l. Be it enacted by the senate and
house of representatives of the State OF Lou
isiana, in general assembly convened, Thatthe
purchasers of property at sherltfs' sales, those
made by authority of the court, those made by
the syndlcs of inso!vent estates, and, finally,
those of any description which are made by
the authority of justice, and all subsequent
purchasers by a regular chain of title, may
protect themselves from eviction of the proper
ty SO purchased, or from any responsibility AS
possessors of the same, by pursuing the rules
hereinafter prescribed.
Sec g Be it further enacted, &c, That it
shall be the duty of the purchasers, if the pur-
chase has been made within the limits of the
city and parish of Orleans, to publish three
times or if the sale has been made out of the
limits of the parish and city aforesaid, to pub
lish for the same space of time in the manner
required for advertising judicial proceedings,
monition calling on all persons who can set
up any right to the property, in n'consequence
of informality in the order, decree or judg
ment of the court under which the sale was
made, or any irreguarity or illegality in the ap-
praisement, an advertisement, in time or man
ner of sale, OF for any other defect whatsoever,
to show cause within thirty days from the day
the moniton is inserted in the public papers.
why the sale so made should not be confirmed
and homologated.
Sec. 8. Be it further enacted, &c, That this
monition shall state the judicial authority un-
der which the sale took place, and shall also
contain the same description of the properly
purchased as that given in the judicial convey
ance to the buyer and shall further declare
the price at which the object was bought.
/ Sec. 4. Be it further enacted, &c, Thatthe
clerks of the respective courts from which the
ORDERS DEGREES OF judgments may have issued,
and in virtue Of which the sales ought to be
homologated, have been made, shall, on ap-
plication of the buyer, grant this monition in
the name of the State, and affix to it the seal
Of the court.
Sec 5. Be it further enacted, &C., That at
the expiration of the thirty days, the party OBJ
tanning the moniion may apply 10 the Judge
of the court out of which the montion is issu-
ed to confirm and homologate the sale, and it
shall be the duty of the judge, in case no cause
is shown against the prayer for the monition,
to homologate and confirm the judicial sale in
question: Provided always, that before he
does so confirm it, he shall be fully satisfied
that the advertisements have been inserted in
the newspapers, as already directed, and that
the property has been correctly described, and
the price at which it was purchased truly paid;
but in case opposition be made to the homolo-
cation, and it should appear that the sale was
made contrary to law, it shall then be tbs duty
Of the judge to annul it, otherwise to confirm
it, as in case no opposition was made
Sec 6. Be it further enacted, &c, That the
judgment of the court, Gil the monition afore-
said, shall bel itself conclusive evidence that
the moniton has been Regularly mado and d,.-
ly advertised, nor shall any evidence be re-
ceived thereafter to contradict the same, or +,
prove any irreguarity in the proceeding.
Sec. T. Be it further enacted &C., That tie
5 Judgment of the court, confirming and homo
LOCATING the sale, shall have the force of res
r judlcata, and operate as complete bar against
, all persons, whether of age or minors, whether
, present or absent, who may thereafter claim
the property sold, in consequence of all illegal
lty OF lntormaIIty In the proceeding, whether
before or after judgment; and the judgment of
homologation shall in all cases be received and
considered as full and conclusive proof that
the sale was duly made according to law, IN
virtue of judgment or order legally and re-
gularly pronounced on the interest of parties
duly represented.
Sec. 8. Be it further enacted, &c. That
nothing herein contained shall be taken or un-
derstood so as TO render valid any sale made
IN virtue OF Judgment when the party cast
was not duly cited to make defence; and in ev
cry case where minors are interested, they
shall have their recourse on their tutors if they
have improperly neglected to make opposition
to the sale of their property.
Sec. 8. Be it further enacted, & e., That
where no opposition is made to the confrma-
ton of the sale, the costs of attending the pro-
ceedings shall be paid by the party WHO prays
for the monition; and where opposition is made
: the cost shall be borne by the party against
whom judgment is rendered.
Sec 10. Be it further enacted. &C., That
nothing herein contained shall be so construed,
or understood to authorize the purchaser at a
judicial sale to refuse carrying the same into
effect or to delay payment of the price for any
greater space of time than is nov allowed b
law.
Sec. II. Be it furtherenaced, &c, That tie
provisions Of the foregoing SECTIONS shall be ex-
tended to tax sales: Provide! such sales have
been made ten years previous to The applica-
ton for monition.
Sec. l2. Be it further enacted, &C., Taat all
laws contrary to the provisions of this act an
all laws on the same subject m@tter, except
what is contained in the civil code and code Of
practice, be repealed.
Approved March Is, 1855
MuRDER.-A man named Thooason, living
near DanvIlle, was found a few days ago, so:l9
ten miles from this place, murdered He was
shot, and his throat cut. Circumstances hav.,
led to the conclusion that a negro man. be-
longing to col. James A. Baker, of our town,
was the cuIprit, the victims money and purse
being found in his possession, and other cor
roberat5Te testimony adduced. The boy IS
committed for trial at the next district court
Our legislature Is surely eensurablein in not hay
ing adopted negro code, by which a jury of
Shareholders could be panncled, and negroes
tried quickly, instead of counties being put to
the expense Of waiting for district courts. Eth
er punishment Or acqujtta, should be admin
istered without delay. Huntsville Item.
We are informed By a gentleman just from