New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-27
EXTRA SEs SION.
Ave
AN ACT


SECTION /. Be it enacted by the Senat
and House Of Representatives Of the Stat
of Louisiana i'll General Assembly convened
That the Supreme Court shall hold its SEES
sious in New Orleans from the first MODGa
OF November to the end of The month c
May inclusive, OF each year, and that ali AT
peals from the following parishes shall b
made returnable to the Supreme Court a
New Orleans, viz:
All appeals from the parishes of Orleans
Jefferson, st. Bernard, PlaQuemints an
Tangipahoa, shall be returnable On the frs
and third Mondays OF each month OF tn
session.
All appeals from the parishes of 81
Charles, st. John the Baptiste, st. Jane:
Ascension, Assumption, Lafourche an
Terrebonne, shall be made returnable on tn
third Monday OF January OF each year.
All appeals from the parishes OF Rapides
Grant, Natchitoches, Sabine, Avoyelles
pointe Coupee, West Baton Rouge, Eas
Baton Rouge, Ibervilie, Livingston, ST
Tammany, Washington, st. Helena, Yves
Feliciana, East Feliciana, Carroll, Madison
Concordla and Tensas, shall be made re
tUrnable on the second Monday Of Februar.
in each year.
Sec. 2. Be it further enacted, ETC., Tha
there shall be a session OF the Supreme
Court at the town of Opelousas, in each year
90 commence OIL the second Monday of June
and all appeals from the following parishe:
shall be made there returnable on said day,
viz: ST. Mary, Iberia, st. Martin, st. Lam
dry, Lafayette, Vermillon and Calcasieu.
SEC. 3. Be it further enacted, ETC., Tha.
there shall be session OF the Supreme
Court at the town Of Monroe, in each "
90 commence on the first Monday of JtYy.
All appeals in the following parishes shall be
made returnable to the Supreme Court at
@ln ;,l, 80 n,,o t;+ H..
State of Louisiana, viz: All appeals. from
the parishes of Claiborne, Bienyille, Jack
son, Union, Morehouse, Ouachlta, Rich
land, Franklin, Caldwell and Catahoula
shall be made returnable on the first Mon
day of July in each year. All appeals from
the parishes of Caddo, DeSoto, VIM and
Bosser shall be made returnab!e on 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 rettrnable to the Supreme Court at the
next return day for appeals from the parish,
If there shall be time enough after granting
it to give the notice required by law, and to
prepare the record: if not, then he shall fix
the return day for some day within the next
Term after the appeal is granted, allowing
sumclent time to give the citation required
by law, and TO prepare the record, if suffi-
ttcuG lliuc Wlsulu sudlt
IL 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
tire return day of any case. it shall be suffi-
cient for the appellant to file the record
xlthin three judicial days at the first session
of the Supreme Court thereafter.
SEC. 5. Be il further enacted, etc, That
upon the return day for appeals from the
several parishes, as fixed by law, the Su-
preme Court shall take them up in their or
der, except IS hereinafter provided, and dis
pose of the same.
SEC. 6. Be it further enacted, ETC., That
uTriDg the time fixed By law for the trial of
appeals from the other parishes, the Supreme
Court, while sitting in New Orleans, may
also fix and try appeals from the parish OF
Orleans, provided it does not interfere with
or delay the trial of the cases from the other
parishes.
SEC. 7. Be it further enacted, etc, That
in all cases in which the right to Office is
Judgment of the lower court. it shall be
in ten days after judgment of
the lower court, and the Supreme Court, on
the motion of either party, shall proceed to
Try the same by preference.
SEC. s. Be it further enacted, etc, That
appeals in all criminal cases may be made
within ten days, and the appel
Iant shall have the right to make it return
able before the Supreme Court at its next
serm, wherever held, and all appeals il
criminal cases shall be tried by preference
OVER civil cases.
SEC. 8. Be it further enacted. ETC., That
n suits pending on appeal, in which Police
! uTy or municipal corporation is plaintiff
Or defendant, it shall be the duty of the
Supreme Court, on the affidavit of the at
.orney representing the Police Jury or cor
1oration, that the case is one of serious pub
ic interest, and in which speedy decision
g desirable, to have the case called and set
or 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 incon.
ststent with law as may be necessary to Sc.
5ure the regular and expeditions disposition
lfits 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 |
nent Tin addition to cases it can decide |
from week to week. such number of cases |
rs 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 |
20 be submitted on briefs.
SEC. IL. Be it farther enacted, etc., That !
40 appeal OF the Supreme Court shall be |
on sccount OF any defect, error or
of the petition, citation or or
Ter of appeal, or in the certificate OF the |
Jerk or Judge, or in the citation of appeal
Ir service thereof, or because the appeal
vas not made returna5le at the next term
Il the Supreme Court. or on proper day,
whenever it shall not appear that such de-
ect, error or irreguiarity may be imputed
% the appellant or his attorney; but in all
.ases the court shall grant reasonable
line to correct such defects, errors or ir-
in case they are not waived by
lie appellee, and may impose on the appel
ant such terms and conditions as IN Its dis
,retion it may deem necessary Tor the at
,ainment of Justice.
SEC. u. Be it further enacted, ETC., That
n all cases of appeal to the Supreme Court,
DR. other tribunals il this State, if the Judg-
nent appealed from be affirmed, the party
n whose favor it is rendered may, on return
Of execution il the lower court that no
has been found, or not enough to
Iatisfy the judgment and execution, after
iue demand on both parties or their attor-
leys or legal representatives, obtain a
iecree against the surety on the appeal
pond, or his legal representative, tor the
amount of the judgment or any unsatished
balance thereof, on motion, after ten days
notice, which motion shall be tried sum-
narily and without the Intervention Of
ury, unless the surety or his legal represen'
.ative shall allege. under oath, that the sig
nature to the bond, purporting to be that
# the surety, is not genuine, or that Judg-
nent has been satisfied.
SEC. 10. Be it further enacted, ETC., That
he Supreme Court may be adjourned from
law to day by one or more of its Judges
Iutil quorum be convened, and if neither
# the Judges be present on the day fixed
" law for the mmencement of the term,
he Clerk may adjourn it in like manner for
en- days.