The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-03

functions of the said commissioner shall cease from
and after the passage Of this act, and that here
al any person de string TO establish any deed
bond, mortgage, judgment or any writing what
soever which was OF record or deposited m any
Office In said parish, and destroyed by the burn.
ing of the courthouse in May. eighteen hundred
and sixtyfour, tls64 may have the same estao.
lisbed by applying TO the judge OF the district by
petition, setting forth the contents and descrip-
lion OF the deed. bond, mortgage, judgment or
any writing whatsoever which he, she or they
may wish to establish. with as much SPECIFIC GER
tsinty as possible, which petition must be served
on the maker or their party or parties In interest,
residing in the parish OF Rapides: but If the said
party parties In interest reside out OF the State,
it shall be set forth by the petitioner under oath,
and the Judge Of the district court shall appoint
curator dd hoe for such person or persons. upon
whom service Of citation and petition shall be
made.
SIC. 8. Be it further enacted, etc., That the
party defendant in all applications as aforesaid
but when the said party answers he shall admit
the petition or deny il partially or wholly, and
said denial shall be under oath whereupon the
judge shall proceed to the trial without the inter
yention Of jury, and upon hearing the evidence
shall decide and render judgment, establishing or
not, such deed, bond. mortgage, Judgment or
other writing as the evidence proves to have ex
isted.
plaintiff or applicant make oath TO the allegations
Of his petition IL shall be pIDd dcie 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; pro-
yided that the only issue to be raised shall be the
| existence or non-existence, registry or non reg.
| isry and date of the document or instrument OF
| wiring in controversy and sought 10 be estao-
lished.
costs incurred in suits to establish instruments OF
writing by this act shall be paid by the plaintiff If
| DO opposition be made and If opposition be made,
it shall be paid by the party cast At,
| cares in which 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 speeinc Zee
| bill verified under oath.
| SEC. Z. BE IL further enacted ETC., That the
recording in the proper books in the office OF the
| parish recorder, of copy OF any Judgment rem
deIed under the provisions OF this act, establishing
| any deed, bond, mortgage, Judgment or otner
| writing, shall have the same force and effect as
| the recording OF the original deed, bond, mort
gage, Judgment or other writing which was de-
stroyed.
SIC. s. Be IL further enacted. etc., That the
registry in the recorders Office Of certified copy
of sny deed, bond mortgage, judgment or other
| writing, the original OF which has been destroyed
by fire, shall Ee the same force and effect as the
| original had previous to its destruction.
| SIC. 9. BE IL further enacted, etc., That 10
all criminal prosecutions, when bills OF indictment
| had been formed and destroyed by the burning Of
the courthouse of the parish of Rapides aforesaid
the grand jury shall be authorized to ind ne
bills and substitute them in the place OF those de-
suoyed.
SIC. 10. Be further enacted, ETC., That the
district Judges of the parish of Rapdes shall have
exclusive original jurisdiction in all suits brough
| under the provisions of this act when the amount
| in dispute exceeds the sum of five hundred dol
lars and all amounts OF five hundred dollars ant
under in dispute, the parish judge in and for th'
parish of Rapides shall have exclusive Jurisdlc
iion but when there is no amount In dispute
then either Judge can act accordingly with thu
provisions Of this act, whether as against persons
residing in or out of the parish, and that the!
shall have power to try The cases contemplated D,
this act in chambers.
SEC. IL. Be ii further enacted, etc., That tn
provisions of this act shall not extend hey ond thu
first day Of January, eighteen hundred and seven
ty-fve PrOUided, That this limitation shall no
apply to applications made and decided withil
that time. -,
SIC. IL. Be IL further enacted, ETC., That thi
act shall take effect from and after its passage.
| (Signed) CHAs. w. LOWELL,
Speaker Of the House of Representatives.
fSiened) OSCAR J. DUNN,
Lieutenant Governor and President of the Senate
Approved September Is, 1865.
| (Sieped) HENRY G. WARM0TH,
Governor of III, State of Loisianua
A true copy:
/ r Geo. L. BovEE,
| Secretary Of State.