New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-22

I, -, s,a,+.a g, a, to read as Ioiows' 'o-H"
=. - -. ..aaitor who shall have issued
s Jug M. hss been returned emo property
eNe0s,'on, ~ demand, shall have the right to
49, ..,, sss Nsbtor to make a surrender OF ms
soar by proceeding in the following
".nnse. The creditor shall present his peti-
ion to court, or to the judge at chambers
having jurisdiction of the debtors aohl
Gil, and shall allege that he is 1uasinen.
creditor of the debtor, and for what amount 1ua'
execution has been issued and returned NJ piop
erty found, after due demand that nc naa 70"
son to believe that the debtor has no properly "
sets that may be made available 70 ms "
and shall conclude with prayer that tne uoo.y
be ordered to surrender his Prrperty " iis eieei
ors. All of which shall be verlnea oy 'ne oa'n "a
the petitioning creditor or ms attorney Inc
indga shall thereupon order meeting of the cred
;tars ~ take Mace before notary public of the
debtor,s domicil, to be held in the same form and
n,annar a. in cases of voluntary surrender; at
which meeting majority of the creditors, in mum
bsr and amount, shall determine whether the sur
render of his property shall be made to his credit
ora In such case, the procesverbal of the DELHI
erations of the creditors shall be homologated in
tie court ordering the meeting, and the judge
shall thereupon order the debtor to make surren
der Of his property to his creditors within time
fixed by him. Provided, That in all cases where
a majority of creditors in number and amount,
shall oppose the surrender, the costs shall be paid
by the party making the application.
On motion of Mr.. Brusle,. the first section was
amended by inserting in the fifth line, after the
word ''act,'' the following words, to-wit, which
reads as follows: "Any judgment creditor who
shall have issued execution, which has been re-
| oft DIN hal
have the right to compel his debtor to make sur
render of his property, by proceeding in the fol
lowing manner: The creditor shall present his
petition to the court, or Judge at chambers having
Jurisdiction Of the debtors domic and shall allege
that he is a Judgment creditor of the debtor and
| for what amount that execution has issued and
been returned, mo property found after due de-
mand; that he has reasons 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
OF his attorney The judge shall thereupon order
| that the debtor show cause, within ten days from
| the service of the order him, why he should not
pay the debt of the complaining creditor, or make
surrender of his property to his creditors.
Il
mains unpaid, the judge shall order the debtor to
make surrender of his property to his creditors
within time to be fixed by him. be amended
and re-enacted so as to read as follows, viz
/ And the first section was adopted as amended.
ADDITIONAL SECTION OFFERED BY ME-. LOTT TO THE
T. SECOND SECTION OF THE BILL.
i SEC. O. Be 1t further enacted, etc., Tha
!, debtors who may be compelled to make a cessiol
of their property, according to the provisions o
the first section of this act, and who otherwise
comply with the general provisions of the law in re
i lation to insolyents, shall be discharged by tn
Judge from any further liability from all debt
f placed upon their schedules.
Mr. Gordon offered the following as a substitut
e to Mr.. Lofts proposed amendment; r
# Be it further enacted, etc., The cession c
n property forced by a majority of the creditor
IS shall operate as discharge from all debts whc
i the debtor has placed his ban, including thos
arising from offenses and quasi ofenses.
q On motion Of Mr.. Lott, Mr.. Gordon's substtu
s.. was adopted as the second section of the bill
The second and third sections were read al
e. adopted as the third and fourth sections of Il
bill.
On motion of Mr.. Munday, this bill underwe
its second and third readings; it passed, and Il
Secretary was directed to request the
ID of the House therein.
e On motion of Mr.. Egan the rules were suspende
e and the Senate proceeded to the consideration
Senate bill entitled an act to amend the second SCI
ton of act entitled act to amend the actente
an act for the organization of the State Seminar
of Learning establishednear Alexandria, approve
a March Is, 1858, and making an appropriation ft
the same, approved March Z, 1860, which unde
went its second and third readings, it passed, al
j. the Secretary was directed to request the concu
}. renee of the House therein. .
HOUSE JOINT RESOLUTION CONQUERED IN.
On motion of Mr.. Brusle the rules were su
5, pended, and the Senate proce eded to the CO
sderaton of House joint resolution relative to Il
founding of a Soldiers Home for the State
e Louisiana, which underwent its first and secol
d readings, the blank therein was filled with tt
word !" three" it underwent its third reading, al
it was concurred in.
$, Thereupon the President appointed Mess1
e. Brusle, Munday and Palfrey, the committee on tt
part of the Senate.
rel And the Secretary was directed to inform tt
n House thereof.
MESSAGE FROM THE HOUSE.
By message from the House of Represent
"a tives, through Mr.. E. w. Halsey, its Asssta
IS Clerk the signature Of the President of the Sena
ne was requested to House enrolled bills of the Fl
is lowing titles, to-wit
IL, An act authorizing the banks to discount pap
re at eight per cent. per annum; .-'
ar And an act authorizing the election of an 8
nd dional justice of the peace and constable for
n. seventh police jury ward of the parish of
lot Helena;
Which bills received the signature of the Pre-
me dent of the Senate, and were, by the Secretal
on returned to the House of Representatives.
ihe By the same message, the "joint resoluti
granting leave of absence to the State Treasurer
!. was returned to the Senate, in compliance with
eu' request.
ed' And he informed the Senate that the House h
er- concured in Senate's amendment to House
hu entitled "an act supplementary to act entitl
uf an act providing for the registry of the names
i residences of all the qualified electors of the C
us- of New Orleans, according to the article llth
ra- the Constitution of the State" approved Mar
%, 1856. aa
the BILL INTRODUCED AND PASSED. M
ish Mr.. NOLAN, without previous notice given a
a suspension of the rules first granted, asked a
vs., obtained leave to introduce bill entitled &c
lest act to amend an act entitled act to amend