New Orleans daily crescent., 1866-01-31


and on motion of Mr.. Munday, referred to the Ju
dietary Committee. The provisions of the &C
sought to be repealed, Mr.. Egan said, are tha
leases may be made, either verbally or in writing
but that parole evidence OF lease shall not be ad
mssible-thus contradicting themselves. The os
ject is to revive the original provision of the Code
The law of 1865, he said. was, in addition to it
t-contradictorness in contravention of the pro
vision of the Constitution that mo law shall b.
revived or amended by its title but in such cas-
the act revised or section amended shall be re
enacted and published at length"
The House resolution for joint committee t,
inquire into the propriety of relieving from debt
for slaves freed and property destroyed during til,
war, taken up, read first time and laid over
| NThe President announced that he had filed tht
vacancies in the committees reported to him by
| Mr. Mohan. That gentleman be added to the
Committee on Contingent Expenses. Mr.. Arm
| strong to one of the other two committees, which
we could not catch nor could We the name Of
of the member nominated to the other vacancy
Mr. Taylor called up the bill to provide for dis
trct and parochial elections, moving suspension
of the rules for the purpose.
Mr.. Mohan contended that no suspension Of the
rules was necessary.
Considerable discussion ensued as to the stage
of the BILL Mr.. Mohan contending it was awaiting
its second reading.
The President said another objection was to
taking up the bill out of its order on the calendar
without suspension of the rules.
The question being put on a suspensian of the
rules it was agreed to, and the bill was taken up
and read, section by section.
Mr.. Mohan moved to amend it so as to fix the
time for the election the second Monday in March,
in order to avoid the excitement, Inconvenience
and expense of two elections close together in
New Orleans.
The motion was carried, the bill carried through
the rest of its stages, passed, and, on motion of
Mr.. Mohan, Immediately sent to the House.
On motion Of Mr.. Brusle, Mcssrs. Warner and
Garrett were accepted as enrolling clerks, and or
derel to be sworn in.
On motion of Mr.. Munday, the bill to enable ".
NJ. Goodrich to withdraw an original act of sale
from the office of l.. I. Caire, notary public on
depositing certified copy, was taken up, carried
through its various stages and passed. 1t was cX
ecued in February, 1887, for the sale of lands on
the Trinity River in Texas, by Augustine Viosca
and - McGee.
On motion of Mr. Mohan, the House bill in rea.
ton to provisions for manned Louisiana soldiers,
and for the widows and orphans of deceased Lou
isiana soldiers taken up, read first and sec
ond time and referred to the Finance Committee.
Mr.. Lapcyre called up the bill to suspend pre-
scripton in certain cases. 1t provided that in
the case of negotiable paper, the p9riod from the
lst of May 1862, to the Both of April 1860, shall
not be included in plea of prescription, under
article 3505 Of the Civil Code, in the case of par
los pf ritv of 0rle A
second clause further provided that the law should
not operate in cases in which prescription had al
ready occurred.
Mr.. kenner opposed the bill He said it was
both unnecessary and unjust. twas unnecessary
because the law already provides that where Ia
force nGjellre as war, prevents creditor from
interrupting prescription, the plea cannot lie. It
was unjust because it pretended to allow pre-
scription where it had already occurred, in spite
of the first provision of the law; and, under this
provision, to prohibit it in other cases.
Mr.. Burthe said there was no other course Open
The act could not be made retroactive, so as to
affect prescription already attained; and the sec
ond clause was merely declaratory OF this.
Mr.. Egan spoke in support Of the bill, the object
of which was to serve both debtor and creditor
the former by relieving him from litigation and
expense necessary to secure the rights of the
creditor; the latter by securing his rights against
the plea Of prescription.
The discussion was continued at some length by
Mcssrs. Kenner and Egan, both maintaining the
positions above stated by variety Of argu-
ments and Illustrations.
Mr.. Poche also spoke at some length on the sub
ject, strongly supporting the bill, and cspcci lily
urging the applicability of the second clause to
the circumstances of the case.
The question being put on the adoption Of tie
second section it was carried by Is to s.
On the passing of the bill, Nj. Kenncr called
for the yeas and nays. The votes was as follows
Aycs-Messrs. Brusle, Burthe, Campbell Cooley,
Egan, Ellis, Fellowes 'Foute, Gordon,
Lapcyre Newton of jackson, Newton of More
house, Poche, Taylor and WicoxOn-lG.
Nays-MGssrs. Anderson, Coco, Kcnner, Lott
Monday, Nelson, Purcell and Welch-8.
Mr.. WcoXon gave notice that he should move
a reconsideration Of the bill tomorrow.
The question being put on the title Of the bill it
was carried by a division of II to 10.
Mr.. Brusle called up the bill to amend and re-
enact the fifth section of act relative to sureties
approved March 18th 1856. 1t provides that sure
ties shall not be sued until efforts have been made
to compel the principals to pay their liabilities.
EXECUTIVE SESSION.
The Senate then went into Executive Session.
ADJOURNED
On resuming, the Senate adjourned to noon to-
morrow, Wednesday, Jan. 81, 1866.