New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-07
VOLUME XIV.

said acts be original acts, records or copies OF
acts shall, under the seal and signature OF SAID
Register, have the same authenticity as acts OF
similar nature executed by Notares Public, Paro
chial Recorders, or other ministerial officers of
this State under existing laws.
SEC. II. BE it further enacted, ETC., That imme-
diately after the passage of this act, it shall be
the duty of the Governor to appoint, by and with
the advice and consent Of the Senate, a Register
of Mortgages, for the Office established under this
act, to hold his office during the term of four
years.
SEQ. 49, Be ii further enacted, ETC., That this
act shall go into effect Immediately after its pas
sage, and that all laws or parts of laws contrary
to this act, be, and the same are hereby repealed.
In presenting the bill, Mr. Palfrey said he wish
ed that measure of this Importance had been
taken up by more capable hands. The great de-
sire of all was to facilitate the introduction of
capital, ard one indispensable means to this end
no matter what else mghtbe done, is the removal of
the uncertainty existing and the risks run under
the tacit mortgage system. Measures OF similar
import to the present one had been introduced
into the Legislature on former occasions. Eleven
years ago such measure was brought forward by
Senator w. W. King. 1t met the support OF the
Senate Committee ON the Judiciary of that day
but Substitute was offered for it by Judge Moore
of st. Martin while he himself offered substitute
for both. At that time the Senate had an official
reporter by whom the debates in the Chamber
werereported, and tley were afterwards published.
He had in his hand the report of the debates on
the subject at the time referred to-lS55; E; and as
they gave in a concise form his views on the sub
ject then, with which those he held at present.
coincided, he would read from the report what he
had himself said, and the reply of Mr. King. This
the gentleman then proceeded to do from PIP. 50
ct seqq. of the Official Reports of the Senate of
the State of Louisiana, session of 1855. Tie
principal points in his observations were that the
bill gives security to all conflicting interests con-
nected with or in any way affected by it, 1t
provides q perfect security for minors mar
ried women, ETC., inasmuch as it contem-
plates central Office for the recording
of all mortgages of this kind originating in any
part of the State. 1t offers security to capitalists
purchasers of property, and others acting in good
faith, against the nsidous effects supposed to be
produced by the existence Of unknown mortgages
The central Office he proposed to locate at New
Orleans, because there real estate is much more
an object of commerce than in other parts of the
State and to require mortgages on it to be regis
tered elsewhere would be such an incumbrance
that transactions could scarcely be carried on.
He showed that this was the law up'to 1910. Mr..
Kink, the report showed, abandoned his own bill
and supported that of Mr.. Palfrey. The bill was
read first and second tim and referred to the
Committee on the Judiciary.
On motion of Mr.. Gibson the bill in relation to
respites was taken up and made the order of the
day for Thursday next
Mr.. Palfrey called up the bill to establish an
internal improvement district, and moved to recon-
slider the first section. He stated that since the
bill had been previously before the Senate, the
| committee had had an informal meeting, and had
inserted certain amendments which it seemed de-
sirable should be adopted.
Mr.. Anderson moved to amend the section SO as
to except the parishes of St. Landry, Vermillion
and Lafayette from the provisions of the bill, on
the ground that they are but little subject to
overflow.
Mr.. Coco supported the proposition.
Mr.. Pafrey urged that the parishes named ought
to be included, because they are certainly auval
lands, within the sense and scope of the bill.
Mr.. Kenner followed on the same side.
The question being put on Mr.. Anderson's mo.
ton, and the yeas and nays called, resulted in the
following vote:
Yeas-Messrs. Anderson, Campbell, Coco, Kav.
anaugh, Newton of Morehouse, and Scruggs-6.
Nays-Messrs. Abney, Barrow, Brusle, Cooley
Duyigneaud, Fellowes, Foute, Gibson, Gordon
Kenner Lapeyre, Lott, Munday, Nelson, Palfrey
Poche and Wech-7.
1.-THE vote announced by the Secretary was Is to
| 8. We are unable to correct the error; but it will
| be rectihed in the official report.l
| Mr. Newton, of Morehouse, moved to amend the
| section by striking out the parishes of Morhouse
Ouachita and Caldwell, on the ground that nc
| levee system whatever on the Mississippi coult
affect the lands in those parishes, as the water by
| which they are inundated comes from Arkansas
| Mr.. Gibson moved to lay this motion on tht
| table.
| Mr.. Brusle seconded this motion.
| The question being put, Mr.. Gibson's motion wal
carried by the following vote:
Yeas-Messrs. Abney, Barrow, Brusle. Cooley
Duvigneaud, Fellowes, Gibson, Kavanaugh, Ken
ner, Lapeyre, Lott Mohan, Munday, Nelson, Pal
frey, Poche, Scruggs, Taylor and Welch-l9.
Nays-Messrs. Anderson, Campbell, Coco
Hough and Newton of Warehouses;.
| lin this case again the Secretary announced tn
| vote l8 to 6, and where the error is we canno
point out at PRESENT.
Mr.. Duvigneaud offered an amendment to strik
out the phrase in relation to " alluvia lands" an
insert lands subject to inundation on the Missii
spp."
Mr.. Mohan moved to lay this motion on tn
table, because if it were adopted, it would b
found impossible to find any one with lands liabl
to inundatiOn.
Mr.. Duvigneaud withdrew this amendment. an
substituted another. including lands subject to il
undation generally.
This amendment was accepted, and the frs
} section was adopted.
Mr.. Pafrey moved reconsideration of til
second section, which was agreed to :; but it wa
, found that the purpose he ha d in view had aread
+ been attaned-namely, the striking out of q pr
viso in the original bill.
Mr.. Gordon moved to amend this second sectio
' so as to provide for the appointment of commi
II missioners by the Governor instead of their ele
ton by the people,
q Mr.. Mohan moved to lay the motion on Il
: table.
Mr.. Palfrey seconded the motion, which W,
carried without division.
8 The second section was then adopted.
e The third section having been read,
: Mr.. Pafrey moved to amend it, so as to conh
# the voting for commissioners to parties residing
the aluval portions of the districts taxed.
s Mr.. Gibson objected to the amendment as utter
= impracticable, and moved to lay the motion on L
Il table.
g Mr.. Taylor thought the amendment We
3, proper one.
's Mr.. Gibson withdrewit.