Sugar planter. [volume] (West Baton Rouge [i.e. Port Allen, West Baton Rouge Parish, La.]) 1856-1925, 1856-01-26
For the Sugar Planter
Legislation.

Some wears sinces it was thought TO be
necessary TO conaense the Statutesfot LOU
isiaaa, in order that they might be all COM
pretended in a sufficiently SMALL space to be
read not only by Lawyers, bat by the com
uauait7 at large. The object aimed at, was
10 have ali the Statutes in force, bound IN one
or more volumes, in the form ora Digest, and
thus we should have the whole Law Of the
State romprehcnaed in the Digest, the Civil
| Code and Code Of Practice.
To effect this great desideratum; a triun-
viirate Of distinguished Lawyers was appoint
ed, who reported a volume commonly known
| az. the "Digest Of 1852" To pay for this
work. the Legislature appropriated some
| $4,000, or $4,000. This work had scarcely
come to public view, when it was discovered
Laws oil very material import had been en-
tirely omitted consequently, SO far from
accomplishing the object intended, this VOL
un1e was rather calculated to efflbarrasS the
Bench and Bar and entrap good citizens
wishing to OBEY ofisting laws. This book
/ MEL WITH GIItltEL hLtuAiiit4StS @--'@
In the wear 1854. this subject was again
brought to the attention of Legislators. It
was once more determined thar the Laws
/ should be digested, and for this purpose a
committee was appointed TO snperintend the
work, and a distinguished Lawyer, IL, B.
Phillips engaged to do the work.
At the next session of the Legislature, MIR
| Phillips work was laid before that body
What attentions IN this work were mad e
by the Legislature, we do not know, but the
whole matter was incorporated into the Acts
OF the LegisLa ture OF 1865; and to compen-
safe Mr.. P, for his labor. the sum of $4,000
was appropriated. In this work many old
Laws Ee-enacted- with a repeating clause at
the end of each act, in the following words
That all Laws contrary to the provisions"
= Of this Act. and all Laws upon the same
" subject matter, except what is contained
: in the Civil Code and Code OF Practice be "
" repealed.n
Thus it will be seen that the State has
paid out about $50, 900. besides about as much
more in the time speutin discussing the sub
iect before the Legislature. to get a Digest OF
the Laws.
Now the grave questions arise; has the OBJ
iect been attained ? Have we a reliable Di-
gest2 DO the Acts OF 1862 contain all the
general Statutes of the State, beyond what
is contained in the Civil Code and Code OF
Practice If these questions can be answer
ed in the negative. the people Of Louisiana
have gained nothing from this vast outlay OF
their money.
| contend, and shall show that the subject
is not attained. | can not undertake now to
point out ali the omissions and deficiencies
in this work, but will point out a few,
which may have the effect OF Attracting the
attention Of those more competent to suggest
a remedy.
In the Acts OF 1855, there is bat one Act
relative to prescription OF debts, and that re-
jates to foreign debts. In the Civil Code
there are some twentY-seven articles on this
subject, many Of which are repealed or modi-
fed by legislation previous to 1855 If the
Acts Of 1855 comprise ali the Statutes in
fierce, then these Acts repeating and altering
articles Of the c. c. are themselves repealed
and we have no Law in regard to presefip-
ton of debts if the previous Statutes on
prescription are not repealed by the Acts oil
1856, then there are highly important stat.i-
airy provisions not Incorporated in these Acts.
In the Acts Of 1855 p. SIG. Divorces are
treated OF, declaring that no otter causes OF
divorce exist except those mentioned in this
Act. But the repeating clause expressly ex-
cepts from repeal, the articles Of the Civil
Code, on that subject, and the C. C. gives
other causes for divorce.
The Acts of 1855 contain an Act IN. 3}9l
relative to Pedlers and Hawkers, by which
they are forbidden TO pursue their trade with
out first obtaining license &c. but the penal
clause OF the old Statute is omitted. and as
the old Law is repealed by the Acts of 1885
we have the strange ANOMALY of IA Law for
bidding certain things, without a penalty to
prevent its violation.
| might mention many other defects of
serious import, but as my object is only to
attract the attention of Legislators to this
subject, these few specifications are deemed
sufficient. ..s. J.
PLAN t o PREVENT THE 0~vERFLowIvG
OF THE MtSSIssfrPT.-Senator Brown. ofMis-
| sissinni nraranteh thn fnlln .uiru rnop.nriai 4.