New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-05
.. 40.
AN ACT

u o.. AcD.
AN ACT
Relative to the Supreme Court, and TO Iegu.
late the terms thereof, the proceedings
therein, appeals thereto, and processes
against the Sureties on Appeal Bonds.
SECTION l. Be it enacted by the Senate
and House of Representatives OF the State
of Louisiana in General Assem- bly, convened.
That the Supreme Court shall hold its ses-
sions in New Orleans from the first Monday
of November to the end of the month OF
May inclusive. Of each year. and that all ap-
peals from the following parishes shall be
made returnable to the Supreme Court at
New Orleans, viz:
All appeals from the parishes of Orleans.
Jefferson, 81. Bernard, Plaquemines and
Tangipahoa, shall be returnaole on the first
and third Mondays of each month OF the
session.
All appeals from the parishes Of St.
Charles, st. John the Baptist, st. James,
Ascension, Assumption, Lafourche, and
Terrebonne, shall be made returnabie on the
third Monday CT January of each year.
All appeals from the parishes of Rapi,des,
Grant, Nachitoches, Sabine, Avoyelles,
Baton Rouge, Iberville, Livingston, St.
Tammany, Washington. St. Helena, West
Feliciana, East Fellciana, Carroll, Madison,
Concordia and Tensas, shall be made re
turnable on the second Monday of February
in each year.
SEC. .. Be 1t further enacted, ETC., That
there shall be a session OF the Supreme
Court at the town Of Opeiousas,, IN each
wear to commence on the second Monday
of June, and al appeals from the following
parishes shall be made there returnable On
said day, viz: St. Martin, st. Landry, Laiay-
cite, Vermillion and CalCasieu.
SEC. 3 Be il further enacted, etc, That
there shall be session OF the Supreme
Court at the town of Monroe. IL each year,
to commence On the first Monday OF July.
All appeals in the following parishes shall De
made returnable to the Supreme Court at
Monroe. IN the parish OF Ouachita, in the
State OF Louisiana. viz: AL appeals from
the parishes Of Claiborne, Bieuvilie. jack
son, Union, Morehouse, OuaCllta, Richiand,
Franklin, Caldwell and Catanoula shall be
made returnable on the first Monday of
July in each year. All appeals from the
parishes of Caddo, DeSotO, VIM aud Bos-
sier shall be made returnabIe OF the third
Monday Of July of each year.
Sec. 4. Be It further enacted, etc. That
in all cases of appeal. the Judge OF the court
from which it is taken shall make the ap-
peal re,urnable to the Supreme Court at the
neyt return day for appeals from the parish,
# there snail be time enough after granting
il to give the notice required by law, aud 10
prepare the record; if not, then he sha!! tx
the return day for some day within the next
term after the appeal IS granted, allowing
sufficient time to give the citation required
by law. and to prepare the record, # suit
Gent time within the term shall remain;
if not, then he shall fix the return day
for the following term; if the Supreme
Court shall not be in session on the day
fixed for the return day of any case, it shall
be sufficient for the appellant to file the
record within three Judicial days at the first
session of the Supreme Court thereafter.
SEC. 5. Be it further enacted, ETC., That
upon the return day for appeals from the
several parishes, as fixed by law, the
Supreme Court shall take them up in their
order, except as hereinafter provided, and
dispose of the same.
SEC. 6. Be it further enacted, etc, That
during the time fixed by law for the trial OF
appeals from the other parishes, the
Supreme Court, while sitting in New Or
leans may also fix and try appeals from the
parish of Orleans, provided it does not inter.
fere with or delay the trial OF the cases from
the other parishes.
SEC. I. Be it further enacted, ETC., That
in all cases in which the right to office is
involved, and an appeal is taken from the
Judgment of the lower court, 1t shall be
returnable in ten days after judgment OF
the lower court, and the Supreme Court, on
try the same by preference.
SEC. 8. Be it further enacted, etc. That
appeals in all criminal cases may be made
returnable within ten days, and the appel
liant shall have the right to make it return
able before the Supreme Court at its next
term, wherever held, and all appeals in
criminal cases shall be tried By preference
over civil cases.
SEC. 9. Be it further enacted, etc, That
-, ;4o in wi q
Jury Or municipal corporation is plaintiff or
defendant, it shall De the duty Of the
Su oreme Court, onythe affidavit of the at
torney representing the Police Jury or cor
poration, that the case is one Of serious pub.
lie interest, and in which q speedy decision
is desirable, to have the case called and set
for hearing by preference.
Sec. 10. Be it further enacted, ETC., That
the Supreme Court shall have full
power to establish and enforce such
rules mot Inconsistent with law as may be
necessary to secure the regular and eXpedi-
tious disposition of its business, and the
preparation Of proper and correct transcripts
Of appeal
To prevent the accumulation of cases on
the docket, the Supreme Court may, during
the latter portion of the annual sessions at
New Orleans, hear and take under advise
ment Gin addition to cases it can decide
from week to week. such number OF cases
as the Judges of the court may be able to
examine during the vacation and render
opinions therein at the opening OF the fol-
lowing session, and may require such cases
to be submitted on briefs.
Sec. IL. Be it furthelt9nacted, etc, That
no appeal of the Supreme Court shall be
dismissed on account of any defect, error OF
irregularity of the petition, citation or order
of appeal, or in the certificate of the Clerk
or judge, or in the citation of appeal or ser
vice thereof, or because the appeal was
not made returnable at the next term of the
Supreme Court, or on proper day, when.
ever it shall not appear that such defect,
error or irregularity may be imputed to the
appellant or his attorney; but in all cases
the court shall grant reasonable time to
correct such defects, errors or irregulari-
ties, in case they are not waived by the
appellee, and may impose on the appellant
such terms and conditions as in its discre-
ton it may deem necessary for the attain
ment Of justice.
Sec. L. Be it further enacted, ETC., That
in all cases of appeal to tbs Supreme Court,
or other tribunals in this State, if the judg-
ment appealed from be affirmed, the party