New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-09
No. as.
AN ACT


To Provide Tor Supplying the Loss of the
Public Records, and other Papers Con-
sumed by the Burning Of the Courthouse
in the Parish Of VIM, During the Month
of February, 1863.
SECTION I. Be it enacted by the Senate
and House of Representatives of the State
OF Louisiana in General Assembly conyen %,
That hereafter any person desiring to estab-
lish any deed, bond, mortgage, Judgment.
or any writing whatsoever which was of
record, Or deposited N any office in the par
ish Of VIM, and destroyed by the burning
OF the Courthouse in February, 1868. NAV
have the same established by applying to
the Judge Of the District, or to the
Parish Judge, when the value of the prop.
erty does not exceed five hundred dollars
the title to which is sought to be established
OF The obiis alton sought TO be established
does not exceed five hundred dollars. ex.
elusive OF interests, 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
certainty as possible; which petition must
be served on the maker or other party. OF
parties in interest Of the said maker. or
other party or parties in interest, residing
in, the parish of VIM but If the
said party or parties in interest reside oTlt
OF the State, 1t shall be set forth by the pc
tltlon, and in case brought before the Dis
trict Judge, the District Judge, or in case of
his absence from the parish, the parish
Judge, and in case brought before the oar.
tsh Judge, the parish Judge shall appoiT1t y
Curator ad hoe, for such person or persons
upon whom service Of citation and petition
shall be made.
$40. 2. Be it further enacted, ETC., That
t1e parties defendant in all applications as
aforesaid abo1l ha. 4ba,
as IN DINER suits; but when the said partv
ansWers ne shall admit the petition or deny
II partially OF wholly, and said denial shah
ne under oath, Whereupon the Judge shall
proceed to the trial without the intervention
OF jury ana upon hearing the evidence.
shall decide and render Judgment establish,
.ng or not such deed bond, mortgage,
proves to have existed,
SEC. 8. Be it further enacted, etc. That If
the plaintiff or applicant make oath to he
allegations of this petition, It shall he
prtpad Jdoie evidence of the existence ~
such deed bond, mortgage, judgment or
other writing which may be rebutted bg the
denial, under oath, of the defendant pro.
vided that the only Issue to be raised shat
De the existence or non existence, Registry
or non-registry and date of the doonmenf
or instrument Of writing in controversv
and sought to be established
SIC. (. Be il further enacted. etc., THAI
the costs incurred in suits to establish ia.
strumenie Of writing by this act shall be
psie BY the plaintiff, if no opposition be
made; ana Il opposition be made il shall be
paddy the party cast.
SIC &. Be 1t further enacted. etc, That
in AL cases in which there are costs due the
CLERK, sheriff, Recorder, Of other officer they
shall be collected IS In other Cases. IN,
SEC. 8. Be 1t further enacted. etc. That
the recording in the proper Book IN the
ofiice Of the Parish Recorder Of 4 conv Of
any judgment rendered under the provi-
giQn8 Of this act, establishing apv deed.
bond. mortgage, Judgment, or other Eritine |
ehaLi have the same force and eject a. me |
recording q the original deed. bond.
mortgage, judgment, OF other writing which |
szc. 4. Be i further enacted. ETC.. That
the Eealatxy IN the Recorders ONCE 81 a /
cdrtided copy Of any deed ho1d.
mortgage, iudgmens, OF other writing
the original Of which has been |
destroyed By fire. ahau have the same 4
force aud efscl IS the original had previous !
eHS. 8. b II further enaled, etc. That In
81 criminal prosecutions, when hilIr 81 ID.
4Ictmeni had been found and bestowed By !
80 Burning u the courthouse 81 The paziAk