New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-21
~. ,. n
No. ILL

An ACT
10 PROVIDE FOR SUPPLYING THE LOSS OF TIL
PUBLIC RECORDS AND OTHER PAPERS BURNEI
OR OTHERWISE DESTROYED DURING THE LATf
4 WAR, IN THE PARISHES OF MADISON, CoNcoRDiA
CARROLL AND TENsAs.
SECTION l. Be it enacted by the Senate ano
House Of Representatives Of the State Of
Louisiana in General Assembly convened
That from and after the passage Of this act
and that hereafter, any person desiring tc
establish any deed bond, mortgage, Judgment
or any writing whatever, which was of record
or deposited in any Office in said parishes, and
burned or otherwise destroyed during the late
war, may have the same established BY apply
ing 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 much specific GER
tainty as possible which petition must be
served on the maker or other party OF parties
in interest residing IN the parishes OF Madison,
Concordia, Carroll and Tensas. If the said
party or parties in interest reside out OF the
State, it Shall be set forth by the petition under
oath. and the clerk Of the court shall appoint
q curator ad hoe for such person or persons,
upon whom service Of citation and petition
shall be made. VIZ iass n #slyH @
SEC 3. Be it further enacted, etc. That
the party defendant in all applications as
aforesaid, shall have the usual legal delay, as
in other suits but when the said party
answers, he shall admit the petition on deny it
partially Of wholly. and said denial shall be
under oath, whereupon the Judge shall pro
Il coed to the triad without the intervention of 3
Jury and upon hearing the evidence shall de
eide and render Judgment establishing or not
such deed, bond, mortgage, judgment Or Other
writing as the evidence proves to have sex-
listed. es
SEC. s. Be it further enacted, etc, That
If the plaintiff OF applicant make oath to the
allegations Of his petition, it shall be prima
facie evidence Of the existence of such deed,
Z bond, Judgment or. other writing which may
be rebutted by the denial under oath of the
defendant !; Provided, That the only issue tx
be raised shall be the existence or non-existenee
registry or non-registry and date Of the docu
ment OF instrument Of writing in controversy
and sought to be established.
SEC. 4. Be it further enacted, ETC., Tina
the costs incurred in suits to establish instru
ments of writing by this act shall be paid b,
the plaintiff, if no opposition be made, and
opposition be made, it shall be paid by tht
party cast
SEC s. Be it further enacted. etc., Tha
in all cases where there are costs due the clerk
sheriff, recorder or other officer, they shall be
collected as in other cases. upon the clerk,
sheriff, recorder or other officer making out a
specific fee bill, verified under oath.
SEC. g. Be it further enacted, etc, That
the recording in a proper book, IN the office of
the paris b recorder, Of a copy of any Judgment
rendered under the provisions OF this act,
establishing any deed, bond, mortgage, judg-
ment or other writing, shall have the same
force and effect as the recording of the original
deed, bond, mortgage, Judgment or other
writing which was destroyed.
SEC. q. Be it further enacted, ETC., That
the registry in the recorders Office of a certi-
fed copy Of any deed, bond, mortgage, judg-
ment Of orther writing, the original Of which
has been destroyed by fire, shall have the same
force and effect as the original had previous to
the destruction
SEC. 5. Be it further enacted, ETC., That
in all criminal prosecutions, where bills of in
1ictment had been found have been burned
OF otherwise destroyed in the parishes afore-
said, tie grand jury shall be authorized to find
new bills, and substitute them in the place of
those destroyed
SEC. g. Be it further enacted etc, That
the district Judge Of the said parishes shall
have exclusive original jurisdiction in all suits
brought under the provisions OF this act.
whether as against persons residing In or out
Of the parishes, and that he shall. have power
to try the cases contemplated by this act, in
SEC, 10. Be it further enacted, etc, That
the provisions Of this act shall not extend be-
yond the first day of january, eighteen hun
bred and sixty-nine Provided, that this limi-
tation shall not apply to applications made
and not decided within that time.
SEo. II. Be it further enacted. ETC., That
this act shall take effect from and after its
passage.
{Signed) il. b. ELAN, 81
Speaker pro tenn. Of the House Of Representa-
tiyes
tSigned) ALBERT VOORHEES,,
Lieutenant Governor and President of the
Senate n n
Approved March 10, 1866
(Signed} r. MADISON WELLS,
Governor Of the State Of Louisiana.
A true copy
j. H. HARDY,