New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-04
tNaw Orleans Daily Qrestent.
LAWS OF LOUISIANA,
No. 80.]


AN ACT
IN AMEND THE FIRST SECTION OF An ACT EN-
TITLED GAN ACT RELATIVE TO FORCED SUR
RENDERS AND THE MODE OF MAKING THE
SAME" APPROVED MARCH 18th, 1856.
SECTION |. Be it enacted by the Senate and
House of Representatives of the State of
Touisiana in General Assembly convened,
That the first section Of the above entitled act
be amended and re-enacted SO as to read as
follows, to-wit: ''Any Judgment creditor who
shall have issued execution which has been
returned mo property found after due de-
mand shall have the right to compel his
debtor to make surrender Of his property by
proceeding in the following manner: The
creditor shall present his petition to the court,
or Judge at chambers having jurisdiction of
the debtors domicil, and shall allege that he
is Judgment creditor Of the debtor, and TOR
what amount that execution has been issued
and been returned no property found after
due demand ) that he has reason to believe
that the debtor has property or assets which
may be made available to his creditors ; and
shall conclude with prayer that the debtor
be ordered to surrender his property to his
creditors All of which shall be verified by
the oath Of the petitioning creditor or his at
torney." The judge shall thereupon order
that the debtor show cause, within ten days
from the order on him, why he should not pay
the debt of the complaining creditor, or make
q surrender of his property to his creditors.
Should no good cause be shown, and the debt
remain unpaid the judge shall order the
debtor to make g. surrender of his property to
his creditors within time to be fixed by him,
so amended and re-enacted SO as to read as
follows, viz: Any judgment creditor who shall
have issued execution, which has been re-
turned "no property found +" after due de-
mand, shall have the right to compel his
debtor to make a surrender of his property by
proceeding in the following manner The
creditor shall present his petition to the court
or to the judge at chambers; having Jurlsdlc
ton of the debtors domicil, and shall allege
that he is a Judgment creditor Of the debtor
and for what amount that execution has
been issued and been returned ''no property
found after due demand that he has reason
to believe that the debtor has property O.
assets that may be made available to hi
creditors and shall conclude with praye
that the debtor be ordered to surrender hi
property to his creditors. All of which shal
be verified by the oath of petitioning credito
or his attorney And in order to ascertain
who are the creditors of said debtor, the judg
shall order the debtor to file schedule OF hi
creditors within d delay to be fixed by tn
Judge, together with their residences and tn
sums due them and, in case all Or part {
his debts consist Of obligations in the snap
of negotiable instruments, the holders
accurate description of the same under oath
and should the debtor fail or refuse to compl
with this order, he shall be proceeded again
as provided for in the second section OF sal
act for failure to make a surrender Ii
Judge shall thereupon order that meeting
the creditors take place before notary puDl
of the debtors do1nicil to be held III the san
form and manner as in cases OF voluntary su
render; at which meeting d majority OF u
creditors in number and amount, shall dete
mine whether the surrender OF his proper
shall be made to his creditors. In such cas-
the proces-verbal of the deliberations OF T.
creditors shall be homologated IN the cou
ordering the meeting, and the Jud8e Sh'
thereupon order the debtor to make 81
render of his property to his creditors, with
a fine to be fixed by him. Provided, That
all cases where majority Of the cred1to
in number and amount shall oppose the ST
render. the costs shall be paid by the pal
making the application TN
SEC q Be it further enacted, etc, Ii
all laws Or parts Of laws contrary to the p
visions of. or inconsistent with THIS ACT pc il
the same are hereby repealed. r.,
SEC 3. Be it further enacted, etc., II
this act shall be in force from and after
passage
(Signed( j. b. ELAM'
Speaker pro TEN. Of the House OF keprese1
tives.
(Sgned) ALBERT VOORHEES,,
Lieutenant Governor and President OF
Senate.
Approved March TO- 1866.
fSianed) J. MADISON WELLS,
Governor of the State of Louisiana
A true copy:
J. FL. HARDY,
Secretary of State.