New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-14
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
AN ACT

To proyide for supplying the loss Of public
records and other papers consumed by
the burning Of the courthouse in the
parish of MorehOuse, on the sixteenth
Of March, 1870.
SECTION |. BE it enacted by the Senate
| and House of Representatives OF the State
of Louisiana in general assembly convened,
That where any original papers appertain
ing to suit pending in either the district
OF parish courts were destroyed Dy the
burning OF the courthouse, in the parish OF
Morehouse. on the sixteenth day OF March,
1879, said SUITS together with all the plead
ings and bonds filed therein, may DC re-
yiyed and reinstated by either plalHtiff or
| defendant filing with the clerk duly certi-
fed copy Of the original petition, or by mo
| ton in open court or in chambers, ON tnc
opposite party, which motion shall contain
| the name and residence of the parties the
nature of the demand and cause Of action,
and the date of filing the original petition,
and service of citation near as can be as
ccrtained. together with statement OF the
nIeadipgs had in the suit, orders made and
honds filed. accompanied by the affidavit Of
the party or his attorney, as to the truth,
facts alleged, upon filing which, motion or
rule may be taken on the opposite party to
show cause, within ten days from the ser
vice thereof. why said suit, pleadings. orders
ofcourt and bonds should not be reinstated.
If answer is made to said rule. it shall also
be accompanied by the affidavit of the party,
or his attorney, as to the truth OF the facts
stated by him, and it shall he sufficient Tor
either party to swear, to the best OF his
knowledge and belief.
SEC. 2. Be it further enacted, etc. That
upon the production of certified
copy of any original Judgment, either
Of the district or parish courts, or GER
ha n
judicial mortgages, the clerk Is hereby
authorized to issue execution thereon; and
where no COPY exist, the owner of said
iud gment, or his attorney, may Obtain exc
cution thereon upon presenting to the clerk
of the court a statement, under oath, OF the
amount OF such Judgment, or the balance
due thereon; provided that this section
shall not be construed to prevent Judgment
from being established as other documents
provided for by this act.
SEC. 3. BE it further enacted. etc, That
any person desiring to establish any deed,
bond, mortgage, jud gment, OF other writing
which was OF record, or deposited in any
office in said parish, and destroyed by the
burning of the courthouse thereof, in March,
eighteen hundred and seventy, may have
the same established and revived by apply
ing to the district or parish court by petl-
ton, under oath, in which shall be described
such deed, bond, mortgage, Judgment or
other writing. with rs much specific GER
tanty as possible; and which petition shall
be served on the vendor, oblisor, debtor or
party in interest, if resident. If an absentee
it shall be set forth in the petition, and the
Judge shall appoint Il curator at hoe TO
represent such absentee, upon whom petit
ton and citation shall be served.
SEC. 4. BE it further enacted, etc, That
the party defendant in such applications
shall have the same delay as in other suits,
and in his answer. which shall be under
oath. must either admit or deny the facts
stated in the petition; whereupon the Judge
shall proceed to trial. and. after hearing the
evidence, shall render judgment establish
ing such deed, bond. mortgage, Judgment, or
other writing as the evidence proved to have
existed: and no other issue is to be tried
than the existence or non-cxstence OF the
document sought to be established, and
when so established shall be executOry, and
shall have the same force and effect as the
original could have.
SEC. ). BE it further enacted, etc. That
the oath of the plaintiff to the allegations
Of his petition shall be prilna tacie evidence
of the existence and contents of such deed,
bond, mortgage, Judgment, or other writing.
but may be rebutted by the denial, under
oath, of the defendant.
SEC. g. Be it further enacted, etc. That
the costs incurred in suits to establish such
instruments. shall he paid by the plaintiff.
where there is no opposition. but if opposi-
ton be made. it shall be paid by the party
cast
SEC Z. Be it further enacted. etc, That
the recording OF a copy of any. Judgment IN
the Office of the parish recorder, esta bllsh-
ing any deed, bond. mortgage, jud sment.
or other writing. shall have force and effect
as the recording of the original deed. bond,
mort ge Judgment or other writing which
was destroyed.
SEC. s. BE it further enacted. etc, That
| in all cases III which there are costs and fees
| due any clerk, sheriff, recorder, or other
| officer they shall be collected. as i'll other
| cases, upon such officer making up specific
| bill, verified by oath.
| SEC. g. Be it further enacted, etc. That
| the provisions of the foregoing act shall not
| exclude the establishment of any judicial
| record by parole, where the original has
| been destroyed by the burning of the court
house in March, eighteen hundred and
seventy.
SEC TO- Be it further enacted. etc, That
certified copies from the record Of any deed,
bond, mortgage, Judgment, or other writing.
shall be admissible as evidence, and shall
have the same force and effect as certified
copies Of the originals.
SEC II. Be it further enacted. etc. That
the provisions of this act shall apply TO the
judicial records of the office of the Justice
of the Peace for the Fourth Ward of the
parish; and to the records of the Police
Jury.
| SEC ID BE it further enacted, etc. That
| all affidavits required by this act may be to
| the best of the knowledge and belief Of the
party making 1t.
SEC. ID. BE it further enacted, etc, That
the provisions of this act shall not be ex-
tended beyond the thirty-tirst day of De
cember, eighteen hundred and seventy-six:
provided, that this limitation shall not
apply to applications pending at that time
and not decided.
SEC. IA. BE it further enacted, etc. That
this act shall take effect from and after its
| passage.
(Signedl GEO. W. CARTER
| Speaker of the House of Representatives.
| (Signed) OSCAR J. DUNN.
| Lieutenant Governor and President of the
| Senate.
| true copy:
| GEo. +. BOvEE.
Secretary of State.
! The foregoing act having been presented
to the Governor of the State of Louisiana
| for has n