New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-02
LNO.IO2.
AN ACT
Secretary Of State,

10 Amend an Act to Provide for Snnnlvino
the Loss of the Public Records and Other
Papers consumed by the Burning of the
Courthouse, in the Parish OF Rapides.
during the month of May, 1864, eighteen
hundred and sixty four), and to ratify the
appointment by Governor Wells of a Tom.
missioner for that Purpose.
SECTION l. Be it enacted bv the Senate
and House of Representatives of the 81 tie
OF Louisiana in General Assembly convened
That the appointment by Governor Wells az
A. N. Ogden, Jr., as Commissioner to re-
store the lost records of Rapides parish. and
the acts done by the said A. n. Ogden, Jr.,
uhdef the authority conferred BY the Gov
ernor, are hereby ratified and approved,
SEC. 2. Be it further enacted, etc. That
the functions of the said Commissioner
shall cease from and after the passage of |
TINS ACT, and that hereafter any person de- |
string 10 establish any deed, bond, mort. |
gage, judgment, or any writing whatsoever |
wh1ch was of record or deposited in any |
once in said parish, and DESTROYED by the |
burning of the Courthouse in NAV. eigbt. |
cen hundred and sixty-four. QS6D. nav |
have the same established by APPLYING to |
the Judge OF the District by petition sci. |
ting forth the contents and description of |
the deed, bond, mortgage, Judgment or anv
writing whatsoever which he. she or they
may wish to establish, with as much spe.
cine certainty as possible which petition
must be served on the maker, or their
party or parties in interest of the said
maker or other party or parties in interest,
residing IN the parish of Rapides; but if the
SAID party or parties in interest reside out
OF the State, 1t shall be set forth by the pc
Ililoner under oath, and the Judge of the
District Court shall appoint a curator adj
noe for such person or persons, upon whom
service OF citation and petition shall be
made. ~
SEC 3. Be it further enacted, etc. That
the party dentendant in all applications as
shall have the usual legal DELAY as
in other suits, but when the said party
answers he shall admit the petition or DENY
1t partially or wholly, and said denial shall
De under oath; whereupon the Judge shall
proceed to the trial without the interyen.
ton OF jury, and upon hearing The evi.
aenGe snall decide and render Judgment,
establishing or not, such deed, bond, mort.
gage, Judgment or other writing as the
proves to have existed
SEC. 4. Be it further enacted, etc, That
Il the plaintiff or applicant make oath to the
allegations Of his petition, it shall be pri1nn
.dcte evidence OF the existence of such deed
BOND, mortgage, judgment or other writing
which may be rebutted by the denial, under
oath' OF the defendant; provided that the
only issue to be raised shall be the exist
,nce or non.existence, registry or non {
egistry and date of the document or instru.
nent OF writing in controversy and sought
% be established.
SEC. D. Be it further enacted, etc. That
he costs incurred in suits to establish in
truments of writing by this act shall be
'aid by the plaintiff if no opposition be
made, and If opposition be made, it shall be
'ald by the party cast.
SEC. 6, Be it further enacted, etc., That
p all cases in which there are cost, due, =
he clerk, sheriff, recorder, or other officer
hey shall be collected as in other cases,
pom the clerk, sheriff, recorder, or other T
fflcer making out specific fee bill verified !
nder oath. t
SEC. I. Be it further enacted etc. That
ne recording in the proper books In the
lice OF the Parish Recorder, of a COPY of =
ny Judgment rendered under the provisions =
l THIS act. establishing any deed, bond, u
lortgage, Judgment, or other writing, shall
ave the same force and effect, as the re.
ording of the original deed, bond, mort.
age, Judgment or other writing which was
estroyed.
SEC. 8. Be it further enacted. ETC., That
he registry in the Recorders office of a GER
ned copy OF any deed, bond, mortgage,
augment or other writing, the original of
hich has been destroyed by fire, shall
ave the same force and effect as the ori.
mai had previous to its destruction.
SAC y: be 1t further enacted, etc., That | ~
all criminal prosecutions, when bills of VI
uiCtmeht nau Deen formed and DESTROYED "
the burning OF the courthouse of the o
irish of Rapides aforesaid, the Grand Jury L.
all be authorized to find new bills and ar
Destitute them In the place of those de- az
royed.
SEC TO- Be it further enacted, etc.. That of
o District Judges of the parish of Rapides OF
all have exclusive, original Jurisdiction in a
suits brought under the provisions ofthis
I when the amount in dispute exceeds the
IN OF hveshundred dollars and all amounts
i've hundred dollars and under in dispute
e parish Judge in and for the parish of !
ipldes shall have exclusive Jurisdiction; l
II when there is no amount in dispute, 8
en- either Judge can act accordingly with !
e provisions of this act, whether as I
ainst persons residing in or out of the !
rlsh, and that that they shall have power !
try the cases contemplated by this act in i
SEC. IL. Be it further enacted, etc.. That -
provisions of this act shall net extend ~
You'd the first day of January, eighteen az
ndred and seventy,ive: Provided that mt
IS limitation shah not apply to applica. ma
ms made and decided within that time. nFs
Sec. IL. Be 1t further enacted, ETC., That Ire
s act shall take effect from and after its lea
sage. 81 7
tSigned) CHAS. W. LOWELL. cha
speaker of the House of Representatives. DIRE
(Signed) OSCAR j. DUNN, and
'utenant Governor and President of the abo
Senate. - Il
Approved September rs, 1868. any
(Signed) II. @. WARMOTH.