New Orleans daily crescent., 1866-02-01

WEDNESDAY, JANUARY 81, 1865.
Senate.

presiding.
On the roll being called the following member
responded: Messrs. Anderson, Armstrong Bar
row, Bell, Brownee, Brusle, Burthe, Campbell
COCO Cooley, Duvigneaud, Egan Ellis, Felowes
Foutc, Gordon Kavanaugh Kenner, Lapeyre
Lott, Mohan, Munday, Newton, (of Jackson,
Newton, (of Morehouse,) Nelson, Palfrey, Poche
Purcell, Scruggs, Taylor, Welch and Wilcoxon-
% members, full quorum.
Prayer vas offered by the Rev Father jeremiah
Noynihan.
The journal ofyesterday's proceedings was read
and approved.
Mr.. Wilcoxon, in pursuance of notice givel
yesterday, moved reconsideration of the bill tt
suspend prescription in certain cases.
On division the motion was carried by II to
Mr.. Egan, who voted in the affirmative, explain
ing that he did 80 because he had desire tt
force the bill through without opportunity fol
further discussion.
On motion of Mfr. Wilcoxon, the rules were sus
pended, to take up the bill and act on it, He SAID
If the friends of the bill would agree to strike out
the second section, he would withdraw further
opposition to it. He moved that the second sec
ton be struck out.
The President said the vote for reconsideration
brought the bill back to its second reading, and il
would have to be taken up from that point.
The bill was then read, section by section, and
the first section adopted.
The second section having been read, NJ. Will
coxon moved to lay it on the table, but withdrew
the motion to allow of discussion.
Mr.. Lott said he could see no necessity what
ever for this bill. If its purpose was to allow
prescription at all, that was already done by law,
and the legislature had no right to declare what
ttpf T,,4, 9 ~, :
The legislature has no right to say prescription
shall not run on during three given years. The
law provides for that question. The legislature
might express an opinion upon the point whether
prescription did on during the past three
years, citizens might act upon it, and the judi
ciary might not concur in the opinion. In that,
much mischief might accrue. He was
satisGcl there were many individual cases in
which the creditor was not entitled to the relief
contenp plated by this bill, and he thought, there
fore, each individual case ought to stand upon its
own merits. There were many cases within his
own knowledge in which prescription might have
been interrupted, and in which the creditors not
having chosen to use their privileges, were not en-
titled 10 any further protection, and he thought it
ought to be left TO the judiciary to decide when
the debtor vas entitled to the plea and when not.
He knew that it was contended that this bill would
have the effect Of preventing litigation; but the
fact H. that the prn ,iple upon which creditors are
no" suing, puts this question 0 prescription aside.
They are suing to get the first lien on the prop
erty. He knew that this had been done because
sutors had been generally advised throughout the
country that prescription did not run during the
war, and this bill not going to strengthen that
opinion. If the legislature intended to give pre-
scrption with three years to run, the bill was for
the creditors, and he hoped it would not pass.
M Wilcoxon then moved to lay the second
clause on the table.
Iir Lott moved to lay the whole bill on the
cable.
h-. Lapeyre called for the yeas and nays. The
vote was follows:
Yeas Mcssrs. Anderson, Armstrong, Bell,
BrownIee, Bruse, Coco, Eagan, K0vanaugh, Ken
ner, Lott, Munday, Newton of jackson, Nelson
Palfrey, Purcell, Scruggs, Taylor, WEIGH and Will
coxUn-I9
Nays Messrs. Burthe Campbell, Cooley, Duvg
neand, Ellis, Fellowes, Foute, Gordon, Lapeyre
NOLAN, Newton of Morehouse and Poche-l2.
end the bill was laid upon the table.
Mr.. Halsey, Assistant Secretary of the House,of
Representatives, appeared at the bar of the
Senate with message from the House, and, Oh
being admitted, announced that the House had
.concurred in the bill to authorize the Police Jury
of the parish of St. Mary to reduce the number of
wards in that parish to five; also, in the bill pro-
vidng for the election of district and parish Off
GERS throughout the State. The House asked con-
scurreuce in resolution to provide buildings for
the use of the State aud in bill relative to JUS
Z tices of the Peace in tlc Parish of Jefferson The
signature of the President was asked to the bill to
amend article 1868 of the Civil Code, and to the
Il tx Goodrich tn
Snotaria custody an original act of sale.
'S&On motion of Mr.. Egan, resolution for an ap-
propration to Dr.. S. 0. Scruggs, a contestant at
the last session for seat Senator from the dis
trict composed of the parishes of Sabine, De Soto,
Natchitoches and Caddo, was read a first and sec
Il ond time, and referred to the Committee on Claims
I'm Mr. Poche presented memorial from the resi-
dents of the Vachere settlement in the parish Of
Il st. James, praying for the establishment of road
n thencc to the Mississippi river. The gentleman
Y said that the settlement comprised upwards ofsixty
y heads of families. A road had formerly been
given them, but it had been cut through an impas
sable swamp, and was impracticable for eleven
months out OF the year. and especially so in crop
time. They still have on hand the crops of last
season now, unable to ship them to this city in
ikconseqnence of there being no available road to
the Mississippi They formerly had been allowed
fthe right of way through plantation, but the pro-
prietOr had seen fit to withdraw tina. privilege, and
nov they compelled TO sneak through and
round about, tresassing, it were, to get to the
!, river. The memorial was accompanied by a reso-
luton directing the Sf se Engineer to examine and
report upon the subject with view to procuring
an appropriation for the construction of the road
= On motion, the memorial was received, and the
resolution passed through the various stages and
adopted.
Z On motion of Mr.. Duvineaud, the joint resolution
in reference to a Soldiers Home and the bill de.
filming the status of freedmen, of last session. were
Withdrawn, for the purpose of allowing their rein
, PRODUCTION in the other House.
Mr., Mohan presented report from the joint
. committee of the Legislature on the affairs of the
( New Orleans, Jackson and Great Northern Rail
4 road. Received and ordered to be entered on the
Il tninates.
q, The House bill to provide for the payment of
Faembers, officers, employees, and contingent ex-
fpenses of the General Assembly and appropriating
SIS 900, so much thereof may be necessary
for the purpose, taken up, carried through its
various stages and passed.
The order of the day then called, on the bill
for the organization of corporations to engage in