New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-03-14
Nerp Orleaus 9ailp Grtstent.
LAWS OF LOUISIANA.
AN ACT
No. 45.l

70 PROVIDE FOR SUPPLYING THE LOSS OF THE PUB
;IC RECORDS AND OTHER PAPERS CONSUMED BY
THE BURNING OF THE COURT HOUSE IN THE PAR
rsH OF RAPIDBS DURING THE MONTH OF MAY, 1864,
AND TO RATIFY THE APPOINTMENT BY GOVERNOR
WELLS, OF COMMISSIONERS FOR THAT PURPOSE.
SECTION l. Be it enacted By the Senate and
House Of Representatives Of The tateof Louisiana
IN General Assembly conuened That the ap-lI
pointment by Governor ]. NJ. Wells, of A. N. Og-
den, jr. as a commissioner to restore the lost
records of Rapides parish, and the acts done by
the said A. N Ogden jr., under the authority CON
ferred by the Governor, are hereby ratified and
approved.
SEC. 2. Be it further enacted, ETC., That the
functions of the said commissioner shall cease
from and after the passage of this act, and that
hereafter any person desiring to establish any
deed, bond, mortgage judgment or any writing
whatsoever, which was of record, or deposited in
any office in said parish, and destroyed by the
burning Of the court house in May 1864, may have
the same established by applying to the judge off
the district by petition setting forth the contents
and description of the deed, bond mortgage,
judgment or any writing whatsoever, which he,
she or they may wish to establish, with as much
specific certainty as possible, which petition must
be served on the maker or other party Or parties
in interest of the said maker other party or par
ties in interest residing in the parish Of Rapides
but the said party Or parties in interest reside
out of the State, it shall be set forth by the pet
ton under OATH and the clerk of the court shall
appoint curator Gd hoe for such person or per-
sons upon whom service of citation and petition
shall be made.
u Sec. 8. Be ii further enacted, etc.. That the
party defendant in all applications as aforesaid,
shall have the usual legal delay as in other suits,
but when the said party answers he shall admit
the petition, or deny it partially Or wholly; and
said denial shall be under oath, whereupon the
judge shall proceed TO the trial without the inter
vention of jury, and upon hearing the evidence
shall decide and render judgment establishing or
not such deed, bond, mortgage, judgment or other
writing as the evidence proves to have existed.
SEC. 4. Be IL further enacted, etc., That if the
plaintiff applicant make oath to the allegations
of his petition, it shall be prinla acia evidence
of the existence of such deed, bond, mortgage
judgment or other writing, which may be rebutted
by the denial, under oath of the defendant pro-
vided that the only issue to be raised shall be the
existence or non-existence, registry non-regstry
and date of the document or instrument of writing
in controversy and sought to be established.
SEC. s. Be further enacted, ETC., That the
costs incurred in suits to establish instruments of
writing by this act shall be paid by the plaintiff,
if no opposition be made, and if opposition be
made il shall be paid by the party cast.
SEC. c. Be it farther enacted, etc., That in
all cases in which there are costs due the clerk
sheriff, recorder other officer, theyshall be col
ected as in other cases, upon TIE clerk, sheriff
recorder or other officer making out specific fee
bill verified under oath.
SEC. 7. Be IL further enacted, etc., That tbs
recording in the proper book in the office Of tht
parish recorder of copy of any Judgment rem
dered under the provisions Of this act, establishing
any deed, bond, mortgage, Judgment or othe
writing, shall have the same force and effect as tn
recording OF the original deed, bond, mortgage
judgment other writing, which was destroyed
SEC. s. Be 1t further enacted, etc., That thu
registry in the recorders office of certified cop.
of any deed, bond, mortgage, judgment or othe
writing, the original of which has been destroyed
by fire, shall have the same force and effect as III
original had previous to its destruction.
Sec. Q. Be it further enacted, ETC., That in a
criminal prosecutions, when bills of ndictmen
had been found and destroyed by the burning c
the courthouse of the parish of Rapdes, aforesaid
the grand jury will be authorized to find new bill
and substitute them in the place Of those d.
stroyed.
Sec. 10. Be ii further enacted ETC., That Ii
district judge of the parish of Rapides shall hay
exclusive original Jurisdiction in all suits brougl
under the provisions Of this act; whether {
against persons residing in or out of the paris
and that he shall have power to try The cases co
4 templated by this act in chambers.
Sec. II. Be it further enacted, etc., That tt
provisions of this act shall not extend beyond Il
!. first day of January, eighteen hundred and sixt
nine Provided that this limitation shall not app
a to applications made and not decided within tn
q time.
8 Sec. u. Be it further enacted, ETC., That tt
act shall take effect from and after its passage.
i fSicned) J. B. ELAN,
4 Speaker pro TEN. of the House of Representativ
q (Signed) ALBERT VOORHEES,
II Iieutenant-G Governor and President Of the Sena
e Approved Feb. 49, 1866
# (Signedl }. MADISON WELLS
q Governor of the State Of louisa
A true copy:
II