New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-02-12
AN ORDINANCE concerning the Circnit and District Courts
established in the State Of Louisiana by the late Govern

AN ORDINANCE concerning the oirenit and District Courts
established in be State Of Louisiana by the late Govern
The people of the State of Louisiana, in Conyen.
ton assembled do ordain and is hereby ordained
as follows:
SECTION l, All acts and parts of acts of the Con-
gress of the late United States of America relating
to the organization and jurisdiction of the Circuit
and District Courts established by said Congress
within the territorial limits of the State of Louis
iana and relating to the administration of justice
in said Courts, which were in force in this State at
the time of the separation of this State from the
said Confederacy, are hereby rGenacted and de.
cared to be 10 full force and effect as laws of the
State of Louisiana, so far as the same are not in
consistent with any of the ordinances of this Con
yenton, or incompatible with the sovereignty Of
the State of Louisiana; and all writs and process
from said Courts shall be issued in the name and
by the authority of the State of louisiana
| SEC 2. All offices held within this State, under
and by virtue of the acts of Congress aforesaid
shall continue as organized under said acts and
the functions and duties thereof shall be performed
by the respective officers who have had charge of
the same under the said laws: Provided said off
GERS shall recognize the sole and exclusive author
ity of the State of Louisiana, by accepting and re-
| ceiving commissions from the Governor as officers
of the State of louisiana, and by taking the oath
| Of Office prescribed by the ordinance passed by
| this Convention, amending the Goth article of the
Constitution of this State.
SEC. 3. Should any person in charge of any such
office refuse to comply with the proyso to the fore
going section, the said Office shall be deemed
cant, and the books records and effects thereof of
| every kind whatsoever thereto appertainng, or in
any wise belonging. shall be delivered to such
other person as the Governor shall commission to
hold and perform the duties of the said office: and
should any office heretofore held in this State I'M
der and by virtue of the laws of the United States
mentioned in the first section of this ordinance, be-
| come vacant from any cause whatsoever, the Gov
ernor shall have authority, and he is hereby d.
| rected to commission some competent and expe-
rienced person to perform the duties thereof: Pro-
| fnl, md h.
scribe the oath prescribed in the second section Of
| this ordinance.
| Sec. l. All officers commissioned by the Cover.
| nor by virtue of this ordinance shall within
twenty days after the date of their commission ex-
ecute, in favor Of the State of louisiana bonds
analogous to those which have been heretofore
| required to be executed in favor of the United
States in similar cases and with like security and
said bonds shall be deposited among the archives
of the State in the office of the Secretary Of State.
And all accounts, abstracts, funds, vouchers or
ports OF any kind whatsoever required by the laws
of the United States, or by instructions from the
Executive Department of the Government, to be
transmitted to said Government shall: be transmit
ted at the time prescribed by said laws instruc-
| tons to the corresponding Executive Department
of the Government of the State of louisiana And
| the State of Louisiana doth hereby guarantee and
indemnify all the officers who comply with the pro-
visions of this ordinance, against all claims and de-
mands of the United States arising out of such
| compliance.
SEC. s. That all suits, actions or proceedings of
any description whatsoever pending in said courts
at the time the Ordinance of Secession was passed
shall continue, and be carried on as if no Interrupt
ton to the business of the said courts had taken
place, and in all pending in the Circuit Court,
mentioned in the first section of this Ordinance,
wherein q final Judgment or decree has been or
may be rendered, from which Judgment or decree
q writ of error appeal would lie, under the pro-
visions of the acts hereinbefore described also
in all cases in the several courts Of this State from
the judgments or DEGREES in which writ of error
would lie to the Supreme Court of the United
States under the acts in force, aforesaid, eXecu
ton upon the said judgments or DEGREES shall be
| stayed; Prootded the party DESTROYS of apply
ing for writ of error or appeal, shall, with
in ten days, exclusive of Sundays, after the
| rendition of the judgment or passing the decree
complained of, file his petition addressed to the
said court, stating his intention to apply for writ
of error or appeal, as the case may require, to
have the said cause rteXamined by the court to be
constituted for that purpose; and SHALL within ten
days after the organization of said court, perfect
his said application; and, provided, further, that
the said party shall give bond, with good and
sufficient security conditioned, to perfect and
prosecute said writ of or appeal, with
such other conditions and in such amount as are
prescribed in similar cases by the laws hereby re-
enacted.
SEC. G. That all suits and actions pending in the
said Circuit or District Courts, in any Court of
the State heretofore instituted by the United
| States shall be carried and prosecuted in the
name and for the benefit of the State of louisiana
and all DEGREES and judgments heretofore
dered in said Courts in favor of the United States,
| shall be executed and enforced in the and
| for the benefit of this State.
| SEC. T. That the clerk or clerks to be appointed
under the provisions of the above ordinance, shall
be authorized to suitable seal seals to be
| made for the use of said Court Counts, full
description whereof shall be recorded in the office
| OF the Secretary of State.
! Mr.. Tappan obtained leave to introduce an ordi.
| nance concerning crimes and offences under the
laws Of the late Government of the United States,
| to which Mr. Bush offered amendment, when
| both the ordinance and amendment ordered
to be printed and made the special order of the
| day for tomorrow.
The special order of the day being the ordinance
reported by the Committee on Public Lands, was,
on motion of Mr.. Elgee read and ordered to be
taken up section by section.
Mr.. Elgee moved the adoption of Section 1st
which reads as follows:
Be it Ordained by the People Of louisiana in
Convention assembled, That the title to all the I'M
appropriated public domain within the limits of the
State of Louisiana is fright the property of the said
| State, and all control and jurisdiction the
same is hereby declared to be vested in and as
sumed by the State.
Mr.. McColom offered the following amendment,
to be read after the 5th line Of the LIST section:
Provided that all inchoate titles emanatng I'M
der any law, grant or donation from the late
Government of the United States to private indi-
vduals, and to all corporations in this State, be
and they are hereby recognized and placed on the
same basis that they were on under the laws of
the late Government of the United States.
Mr.. Fuqua offered the following as substitute
for Mr.. McColloms amendment, to be added to the
fifth line of the first section, SO that the section
read as follows:
Be ordained by the people of Louisiana in Con-
yenton assembled, That the title to all of the I'M
appropriated public domain within the limits of the
State of louisiana is of right the property of the
said State and all control and jurisdiction over the
same is hereby declared to be- vested in and as
sumed by the State, in the same manner as here
tofore held and exercised by the United States
On motion of Mr.. Elgee, the Convention then
adjourned. J. I. WHEAT, Secretary.
| DE La