New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-16
An Act to regulate the practice and the dis
patch Of business in the District Courts
of New Orlaapa =

leans snail be opened at ten o'clock A. NJ,
aud shall remain open until three O'Clock P.
M. on all legal days-except from Christmas
to the second of January from the first Mon
| day Of November to the fourth of July, and
for every day that any Judge of said Courts
| shall fan to sit as herein provided, twenty
dollars shall be deducted from his salary,
unless he shall send to the Clerk certificate
Of sickness given BY some practiclng ply 81.
clan of good standing, and the Clerk shall
certify each day in which there is no Court,
as provided in this section, to the Auditor,
on pain of dismissal from office.
SEC. 2. From the fifteenth of October to
the first Monday of November the Clerks
of said Courts shall have the right to FIX
cases at ten O'Clock A. NJ. on SATURDAYS
without the presence of the Judges.
SEC. 3. Six cases and no more, except
| promissory notes cases, shall be fixed for
| each day; and no case shall be continued
nor witnesses discharged by the Judges
| before three O'Clock.
SEC. 4. No case shall be continued over
to q particular day in preference to cases
liked for that day; but if not concluded on
the day of trial, shall be continued in its
| order for that day two weeks. Gases may
be continued to any day, to be taken up
after the cases fixed for that day. Jury
cases shall not be governed by this section.
SEC. g.. All cases when continued shall
| be placed at the foot of the docket, except
such as may not be reached or concluded en-
the day fixed for trial for want of time.
SEC. 6. No judgment shall be confessed in
order to have judgment entered up Uid ordi.
maria, except on sworn affidavit OF debt, or
setting forth the consideration. ..
| SEC. 7. When case is at issue either party
shall have the right upon suggesting to the
court that he fears that he may be deprived
| of the testimony of his witnesses by delay,
| death, or other accident to obtain upon
motion an order o. court to have the testi-
mony of said witnesses reduced to writing
| by the Clerk after notice to the opposite
party, reserving to each party the right to
except 10 any questions, and such excep-
tions shall be written out with the testimo.
ny and inclosed In brackets, and the testi-
mony and exceptions thus taken shall be
argued and used on the trial.
Sec 8. Judges shall not allow counsel to
| consume time unnecessarily when the cues.
tion is plain and they are satisfied that there
is no need OF further argument or authority.
SEC. 8. Cases shall be tried in their order.
There shall be no preference cases, except
State and City cases, promissory note cases,
and injunction cases against executory proc.
ess, and writs of tteri fdoids, which shall
be placed as soon as they are at issue on one
trial or call docket, to be called the sum
mary docket, and shall be called in their or
der. All other cases shall be placed as soon
as at issue on another trial or call docket
to be called the ordinary docket and shall
be called in their order. Clerks shall not
fix nor refX cases without calling them in a
loud and audible voice. ANY Clerk or
Deputy Clerk who shall violate the provis-
ions of this act shall be deemed guilty of a
misdemeanor, and shall, on conviction by a
rule taken by any one interested before the
Judge of the court, be fined fifty dollars for
the first offense, to be paid to the plaintiff in
rule; and for the second ofense he shall be
dismissed from office.
Under a dispensation of the rules, Mr..
Reese, of LafourChe introduced the follow.
ing bill, which underwent its first and
second readings aud was referred to the
Committee on Ways and Means.
BILLS PRESENTED.
Mr.. Deslonde, of Iberville, called up his
bill relative to the opening and excavating
of Bayou Plaquemine, etc, which was
placed on its first reading.
Mr.. Isabelle, of Orleans, called up his
bill entitled an act to protect all persons in
their civil and public rights, which under.
went its second reading by title, and was re.
ferred to the Committee on Judiciary, and
200 copies ordered to be printed.
ORDER OF THE DAY.
The House went into Committee on the
Whole to take up the bill relating to print,
ing, which was made the special order OF
the day for Wednesday the fifteenth, at one
Mr.. Wren, of Bossier, was called to the
chair.
The bill was read by its title.
Mr.. McMillen of Carroll, moved that the
bill be referred back to the House, which
was carried by rising vote of "a yeas to %
nays.
Mr.. McMillen, of Carroll moved that the
committee rise and report through its
chairman.
Carried.
The chairman then submitted the follow,
ing report;
That the committee reported the bill re-
lating to pHblic printing back to the House
without amendment, and recommend its
immediate passage.
Mr.. MeMilen, of Carroll, moved that the
bill be placed on its final passage, and on
that motion called for the previous ques
ton.
The previous question was ordered by a
majority of the members.
Mr.. Kent, of Orleans, raised the following
poiut of order:
"That the House went into Committee OF
the Whole to consider the bill relative to
public printing; that no consideration or
debate was permitted, but that the commit
tee rose Immediately and reported progress
when no progress had been made.n
The Chair rules that he has no knowledge
of what was done in the committee except
by their report.
Mr.. Demarest, of St. Mary, moved until
to morrow at IL O'Clock M.
Yeas and nays demanded.
Motion to adjourn.
Lost.
Yeas "a; nays 40, as follows
Yeas-Adolphe, Bennett, Buckingham,
Brewster, Barbee, Bergerson, DeGrange,
Demsrest Haskell, Hanlon, Kent, Leblanc,
L'Hoste, McCullen, Mollere, Morey. Noble,
Page, Pierce, Prescott Slaton, Washington,
Waters. Zoelly-24
Nays-Abbott, Alexander, Antoine, Belst,
Burrel, Collins, Calhoun, Carr, Quincy, De-
wees, Dupart Evans, Faulkner, Guigonet,
Gair Garstkamp, Gray, Guidry, Hill, Hon
ore, Harper, Hutchinson, Holland, Isabelle,
Lee. LEROY, Lott Morris, Mahier, MeMillen,
! McVean, Murrell, Melvin, Mansion, Moran,
Mathews. Raymond, Reese, Rey, Smith,
Sterrett, Taylor, Tureaud, Walsh, Wren,
Wilson, W. c. Williams, II. Williams, Yorke,
YOung-49.
Mr. McMIlen, of Carroll, called for the
yeas and nays on the final passage of House
bill No. Z (the printing bilD, which was
adopted by the following vote:
Yeas: Alexander, Antoine, Adolphe,
Belot, iBurrel. Collins, Calhoun, Dnpart,
| Evans, Faulkner, Guigonet, Gair, Garst-
kamp, Gray, Guidry Hill, Honore, Hutch
inson, Holland, Isabelle, Lee, Leroy Lott,
| Morris, Mahier, McMillen, McVean, Muir.
rell, Melvin. Mansion, Morey, Moran, Math-
ews, Noble. Raymond, Reese, Ray. Smith,
Sterrett, Taylor, Tureaud Walsh Wren, W.
c. Williams, H. Williams, Yorke-50.
Nays; Abbott, Bennett, Buckingham,
Brewster, Barbee, Bergeron, DeGrange,
Demarest, F0uts, Haskell, Hanlon, Harper,
Kent, Ksvanagh, Leblanc, L'Hoste, MOL
lere, MeoulIen, Magee; Pratt, Page, Pierce,
Prescott, Slaton, Washington, Wilson,
| Wafars ~ Youn0 n YonpT VoatTr On