The Opelousas courier. [volume] (Opelousas, La.) 1852-1910, 1863-12-05
.. 9N ACT
Relative to proceedings in Courts Of Justice in
this State

this State.
SECTION l. Be it enacted by the Senate and
House Of Representatives. Of the State Of Louisiana
IN General assembly coaUened: That whenever a
person shall seek to bring an action in any of the
Courts of Justice i'll this State. or shall make all
application for writ of fen facas, or for writ
Of arrest, sequestraton, attachment, or any other
dehnitiVe, judgement or conservatory process
known to the laws of this State, said person
shall annex to his petition application, atii
davt to be sworn, and subscribe to, before any
Judge or Justice of the Peace, or the clerk of
the court, setting fourth the following facts:
That he has not at any time since the twenty
sixtl day of January, eighteen hundred and six
ty-oae. taken an oath to support the Constitution
or the Government OF the United States, nor in
any manner made declaration of allegiance to
the United States, nor given any information or
support, aid or comfort to the United States, or
to the soldiers, officers, Or armies thereof, nor
been engaged either directly or indirectly, as an
agent for others. or on his own account, in carry
ing on any trade or traffic for purposes of gain,
with the citizens, soldiers, Or government Of the
tinted States. or VITA any other person, SO that
, the United States has been benefited thereby,
during the war waged against the Confederate
States by the United States, and that he is not
citizen or resident of the United States. And if
the action be brought on the application made by
commercial firm, or partnership, each member
OF said firm or partnership, shall subscribe said
affidavit.
SEC. 2. Be it further enacted, &c, That in
cases where actions are brought on open ac-
counts, bills, promissory notes, or other evil
dences of debt, the plaintiff shall also annex to
bis petition, an additional affidavit setting fourth
the following facts: s, that he is the true owner
OF the said open account bill, note, or other evi
dence OF debt as the case may be, and I'd, that
said open account, note, bill, or other evidence
OF debt has not been sold, assigned, or trans
ferrea to him by any person iueapacitated to sue
thereon, by reason of the provisions of the 1st
section OF this act.
SEC. g. Be it further enacted, &c, That
where the plaintiff or plaintiffs, Or one or more
of the partners, when the suit is instituted by
partnership, is in the power of the enemy, or abb
sent FROM, tue State, OF in the service of the
State, or of the Confederate States, the afidavlts
herein required to be made. may be made by one
of the partners, OF by an agent or attorney, and
said agent or attorney, shall swear only to the
best OF his knowledge and belief.
SEC. 4. Be il further enacted, &c, That no
petition or application for Judgment, writ, or
decree OF any kind, shall be filed or entertained
in any Court of Justice in this State, unless the
formaities prescribed by this act have been COM
piled with.
isG. 2. DE ~ IRftnef enacted, &C, naG III
cases where said afhdavits have been taken, and
subscribed as herein above provided, any person
swearing falsely in the premises, shall be sub
jected to the penalties provided by Law for per-
jury, and all the proceedings had shall be vGid.
Sec. 8. Bel further enacted, &C., That when
the afhdavits herein above required to b. made
have been fled, the defendant may, if he choose,
file his perempfory exception. under OATH putting
at issue the truth Of said sfidavits, and in case
the allegations Of said exception be proved.
plaintiff demand shall be barred
SEC. z. Be it further enacted, &c, That this
act shall not be so construed as TO dispense with
other afiidavits which may be required by law,
TO be taken in like cases. =
sEc. s. Be it further enacted, &c, That this
act shal take effect from and after its passage.
ADoLPHUs OLIVIER,
Speaker Of the House Of Representatives,.
H. III IIYAAS.
Lieut.. Governor and President Of the Senate
Approved June 10, 1863.
TIIOaiASO MOORE,
Governor Of the State of Louisiana.
i true cnpie.
S. ?. d. HARDY,
.F Secretary of State.