The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-26
NO. 4s

AN ACT 70 PROVIDE TOR SUPPLYING THE LOSS OF
! fHE PCBLiC RBCORDS, AND OTHER PAPsRs cn>-
! sUAkD BY THE BURNING or THE CouRTgorsy
II TIE PARISH OF WYNN, DURING TIE MONTH OF
FEBRUARY, 1865.
,sEcTIoE l. BE d enacted by the Senate and
mouse or Representatives OF ne State of Lo,tjs.
! lana an General Assembly, coRpened That here
after any person desiring to establish auv deed
BOND. mortgage, judgment, or any writing what
sSeveI, which was Of record, or deposited in any
once OF the parish OF VIM, and DESTROYED by the
burning Of the courthouse in February 1895 NAV
have the same established BY applyiup 10 The
Judge OF tie district, to the parish Judge when
me Lne xal9e Of tie property does not exceed i've
nubGieu doHars the title 10 which is sou zht 10 he
established, or the obligation sought 10 he estab9
lshed, Goes not exceed five huns fred dollars. ex.
elusive oil interests, by petition setting forth the
contents, and description Of the deed, bond
IsIia Sse' Judgment or any writing whatsoever,
which ne, she, or they may wish to establish with
a. mueh specihc certainty as possible which ne
tnon must be served on The maker or other marty
or parues ID interest Of the said maker, or other
party or parhes IN interest, residing in the parish
OF mn; but II the said party or parties in Interest
reside out OF the State il shall be set forth nv the
Fetiton, and in case brought before me djstrict
uge, we district Judge, or in case of bis absence
from the psflsh. the parish Judge and in case
brought before the parish judge the parish indge
shah sppoint curator ad huc for such nsrsen
or persons upon whom service Of citation and De.
luton shall be made.
sEc. z BE a further enacted. etc. That the !
parues defendant in all applications as aforesaid |
Snsn rave the usual legal delay as ia other suits
out when the said party answers he shall aJnii |
me Eeuuen OF deny il partially or wholly. and |
saiu GENIAL shaH De under oath, whereupon the /
Juoee snail proceed to the trial without the MIR
venuon OF jury, and upon hearing the evidence
sheli oeciae snd render Judgment establishing or
. OF suoh deed, bond, mortgage, judgment or other
"Llnbg as lhe evidence proves TO have existad
SIC 3. BE fi0iteJ' enacted. ETC That N tba
plalnth or applicant make oath TO the aIIegat;ons
OF this petition, it shall be priiaa facie eyi5ence
OF the existence Of such deed. bond, mortgaye
Judgment, or other writing which may he rebSt'
leo ~ The denial, under oath, of the defendant
provided that tie only issue to be raised shall he
ne existence or non-existence registry or non
'eglstly and date Of the document or instrument
! WIitiDg IN controversy, and sought to be estab.
SEC 4. BE 4 fatter ei,s,seT. etc That the
'osts incurred IN suits 10 establish Instruments Of
Fflung BY this act shall be pad by the plaintiff II
70 9Pp9sition be made; and If oppositiOs be made
shaIl De paid By the party east.
SIC. 5. B6 q fg,fie1. enacted 5tc That IN al
eses IN which there are costs due the clerk
Germ. recorder. or other officer, they shall be
elected IS IN other cases. !
SIC. .. ~ u Ttirfit7 enacted etc., That the re.
ording W the proper book ia the Office Of the
aIlsh Teeorder OF copy of any judgment ren. I
eIed unoer the provisions OF ths act, establish
q any dsed bond, mortgage, judgment, or other I 7
''4lg shall have the same force and elsc. as 2