The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-26
mo al
Secretary of State


AN ACT TO REGULATE THE PRACTICE AND THE Dis
Nav ORLEANS.
SECTION l. BE IL enacted blythe Senate and House
OF Representatives. of he State Of Louisiana in
General Assembly cORUeRed. That except the
First and Second District Couits, the district
courts of New Orleans shall be opened at ten
O'Clock, A. NJ, and shall remain open until three
O'clock P. NJ, all legal days except from Christ
mas TO the second of January, from the first Mon.
day Of November to the fourth Of July; PTOUided,
That when all the business of the day is concluded,
said courts may adjourn before three o'clock.
SEC. 2. Be Il further enacted etc., That six cases,
and no more, except promissory note cases, shall
be fixed for each day, aud no case not taken up in
its turn shall be continued nor witnesses dis.
charged by the judge. before three o'clock.
SEC. 3. Be 4 further enacted, etc., That no
shall be continued over TO particular day in
preference to cases fixed for that day. but il not
concluded on the day of trial il shall be continued
in its order TO the first day on which there are no
cases fixed. Cases may be fixed for or continued
to any dsy-to be taken up after the cases fixed
for that day. Jury cases shall not be governed by
this section.
wnen continued shah be placed az the foot of tho
docket, except such as may not be reached or con-
cluded on the day fixed for trial for want of time.
Cases not reached or concluded shall be rehxed
for the first day or days upon which no cases are
fixed for trial, and in their order.
SEC. 5. BE ii further enacted, ETC., That when
case is at issue either party shall have the right
upon suggesting to the judge that he fears that he
may be deprived Of the testimony of his witnesses
by delay, dta'b, or other accident, 10 obtain an
order either in open court or in chamber to have
the testimony Of said witnesses reduced to writing
by the clerk after notice to the opposite party or
his attorney, reserviDg TO each party the right to
except To any questions or answers, and such eX-
ceptions shall be written out with the testimony
and incosed 10 brackets, and the testimony and
exceptions thus taken shall DE arranged aud used
on the trial.
SEC. 6. BE Il further enacted. ETC., That Judges
shall not allow counsel to consume time unneces.
sarily when the question is plain and they sat.
shed that there Is no need of further argument or
authority.
SEC. Z. BE Il further enacted. etc., That cases
shall be tried in their order there shall be no
preference cases. except State and city cases,
prOmssoiy note cases and injunction cases against
executory process and witness of teri fdcidS,
which shall be placed soon as they are at issue
on one tIal or called docket, to be called the sun.
mary docket, and shall be called in their order:
all other cases shall be placed soon as at issue
on another trial or call docket, 20 be called the
ordinary docket. and shall be called in their order
sRef"6f Snstfaf Atga az che FOOT Of the docket
emo as each case Is called and fixed the clerE shall
befofe calling the next case, announce in an audi
bic voice the day which it is fixed for trial ana
at the next calling shall commence with the NEXT
case on the docket following that last called on
The preViSDs calling. Clerk shall not fig nor re-
PIE voice, and shall fix those only which he il
greeted 10 fix by counsel present. except those
cases which have been already called and fixed
but which, for want Of time, were not reached or
concluded, which cases stall be reassigned as
above, provided without being again called all
cases called and not fixed shall be placed imme.
dlaiely at the foot Of the docket in the ORDER IN
"hlch they stood before and shall be again called
when hey are reached and not before. ANY
CLERK or deputy clerk who shall violate the prc.
visions OF this act shall be deemed guilty OF mis-
'emeanor and shall on conviction by rule taken
oy ary one interested before the Judge of the
court be fined fifty dollars for the first ofense 70
De paid to the plaintiff in rule and for the second
fense be shall be suspended from Office by the
udge.
(Signed) CHAs. W. LOWELL
Speaker of the House of Representatives.
tSlPneol OSCAR J. DUNN,
Lieutenant Governor and President of the Senate.
Approved September g. 1868.
(Signed) n. c. WARNOrE.
Governor of the State of Louisiana.
true copy:
Csc. E. BOvKE,
Secretary Of State. |