The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-03-28

: 81 HENRY ". ALIEN,
Y Late Brig. Gen. C. s. 4
The Lost Records.
We publish the following important Az.
recently passed by the General Assembly
OF Louisiana for the restoration # Tho
cords OF the Parish of Rapides aestrove,
by the conaagration of the Cour, uorsa
at the hands of the Federal army in ths
Spring of 1864. The bill was drawn h.
Mr. Edward T., Lewis, one of the Renra.
sentatlves from Rapides, to whose exer.
tions to procure its passage the people ar,
indebted FOR measure which cannot fail
to prevent much troublesome and e,ne,
slve litigation in the future. We under.
stand that Judge W. B. Lewis proposes to
SIT IN chambers on stated days in order to-
give parties the opportunity to prove IN
their titles, mortgages &C., as provided for
by the Act. It will not do to delay these.
matters to some future time. The work
should be done while mems memories ara
fresh, when the task will be easv and
should not be deferred until the death Of
witnesses and other causes shall render its
accomplishment impossible. Besides, it
will be observed that the time within
which titles can be proved up is limited to
aperiod less than three years a
AN ACT -"
TO PROVIDE FOR Supplying THE Eoss on
THF PUBLIC RECORDS AND OTHER PAPERS
CONSUMED BY THE BURNING OF THE
COURT HOUSE IN THE PARISH OF RAp1DEs
DURING THE MONTH OF MAY, 1864, ANp.
TO RATIFY THE APPOINTMENT BY GOV
ERNOR WELLS, OF A COMMISSIONER ron
THAT PURPOSE.
SECTION l. BE 1t enacted by the Senate and
House OF Representatives of the State of Lou.
tsiana IN General assembly coereaed, That
the appointment by sGovernor j. NJ. Wells
Of A. N. Ogden, ir., as commissioners IT,
restore the lost records of Rapides parish,
and the acts done by the said A. N. Ogden
Jr., under the authority conferred by tho
Governor, are hereby ratified and approved.
SEC. 9. Be 1t 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 ths
burning OF the court house in May, 1864,
may have the same established by applying
to the Judge Of 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 muck
specific certainty as possible, which petit
tlon must be served on the maker or other
party or parties in interest residing
in the parish of Rapides; but if tho
said party or parties in interest reside out
OF the State, it shall be set forth by the pe-
tltlon under oath, and the clerk of the
court shall appoint curator ad hoe for
such person or persons upon whom service
or citation and petition shall be made.
SEC. 3. Be it further enacted etc., That tho
party defendant i'll all applications al
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 de-
NAL shall be under OATH whereupOn tho
Judge shall proceed to the trial without tho
intervention ola jury, and upon hearing
The evidence shall decide and render iudg.
ment establishing OF not such decd, bond,
mortgage, Judgment or other writing as the
evidence proves to have existed.
SEC. d. Be it further enacted, etc., That if
the plaintiff or applicant make oath to the
of his petition, it shall be
pri'aa facia evidence of the existence of
such deed, bond, mortgage, Judgment or
other writing, which may be rebntted BY
the denial, under oath of the defendant,
provided that the only issue to be raised,
shall be the existence or nOn-existence,
registry or non-registry and date of the
document or instrument of writing in con.
troversy and sought to be established.
Sec. S. Be It further enacted, etc., Thatths
costs incurred in suits to establish instru.
ments Of writing by this act, shall be paid
by the plaintiff, fno opposition be made,
and if opposition be made, it shall be paid
BY the party cast.
Sec. 6. Be it further enacted, etc., That in
Ill cases in which there are costs due the
clerk, sheriff, recorder or other Office, they
shall be collected as in other cases, upon
The clerk, sheriff, recorder or other officer
making out specific fee bill verified nndef
oath. t
SEC Z. Be IL further enacted, etc., That the
recording in the proper book in the office
'f the parish recorder of a copy of any
Judgment rendered under the provisions OF
this act, establishing any deed, bond mort
gage, judgment or other writing, shall
nave the same force and effect as the re-
,ording of the original deed, bond, mort
gage, Judgment or other writing, which
vas destroyed.
SEC. 8. Be it further enacted, etc., That the
egistry in the recorders Office Of ccrti-
led copy of any deed, bond, mortgage,
Judgment Or other writing, tho original Of
which has been destroyed by fire, shall
have the same force and effect as the orig
nal had previous to its destruction.
Sec 9. Be ii. further enacted, etc., That in
III criminal prosecutions, when bills Of in
lictment had been found and destroyed by
he burning of the court house of the parish
# Rapidcs, aforesaid, the grand jury will
)e authorized to find new bills and substi-
ute them in the place Of those destroyed.
Sec. 10. BE it further enacted, etc., That
he district judge of the parish of Rapides
hall have exclusive original jurisdiction
n all suits brought under the provisions of
his act; whether as against persons resi-
ling in or out of the parish, and that no
hall have power to try the cases contem-
dated by this act, in chambers. a
Sec. II. Be it further enacted, etc., That
The provisions of this act shall not extend
beyond the first day of January, eighteen
hundred and sixty-nine; Provided, that this
imitation shall not apply to applications