New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-20

with such incumbent or person pretending
to hold or exercise judicial functions and
shall be made returnable within twenty
four hours if the defendant i'll said rule re-
side within ten miles of the court, with an
additional twenty four hours for every adj
ditional ten miles his said residence may
he from the court issuing said rule. And
the case shall be tried immediately and
without jurv, and by preference TO all other
matters or causes pending Ia sand court;
and the judgment thereon anal! be slgnt0
the same day of lis rendition; PROVIDED
,hat when any party may desire TO take
such rule or make application !0r removal
If his case. "a provided iC kectltn - u
this act If the court Inat no. ne ia session,
the SAME may bc granted at chambers. ana
i. slaI! be the duty OF the SAID cour' 20 Try
the same at chamber, or to open and hold .
special term for the trial OF any Hach RUE.
SEC. }. BE i. further snaCtsL. etc. Thai
in case OF recusation, Ur lnauIuty from
any cause whatever. the Judge or !udges of
the parish ur district wherein the persons
50 c0ntestin. shall reside. .ha! he unable
t. tct. then and in that case the plantlf IL
said rule NAV take said ruI. before the
;uGg- ut the adjoining pari,h or judicial
district, or - She Superior Court az New
Orleans as ne ruar deem advisable: and III
cases now rrndin.. III which contts.atloR
between persons claiming Judicial office "a
the Buhlect mtrtS az issue. t!thsE i'SL' y
sha!. have III. right Z. have als cause re
moved 20 TIL. adju!nir. parish rr iuaicia.
district, or To- The superior CON-. ~ New
Orleans. upon application 20 the JUG" %
aUr I'D Joining paris. or judlcla. :.istglct, cf
Superiu: COur: 81 New Orleans. and att.-
davi: ot the Yrcu.ati II OF ina"lhty 81 me
Judge 70 act from any legat cause. ana
upon The party fling SAID Application anu
affidavit. the court shall. by O!der,
t.irec, the removal Of ouch cause and
the record sinai! the:eup0n lie transferred
20 the saia court. and III Gas" at InaoiltT
the pat of the party applying 20 oOtaln
said record, or duly certified copy Thereon.
sworn copie. rf the record may be hled
with Che court. and the case sha!t
thersupOn be tried in same manner as -
the original record WAS with the court; pro-
viled. that before any case 40 removed az
thr instance OF any party shall be proceed.
ed with, the court making the removal
shall require thar ths adverse party shall
have swenty-iour hours notice. with an
additional twenty four for every ten miles
his place Of residence may De from the
court.
SIC. T. BE il further enacted. ere. That
either party 70 such rule may take an ap.
peal from the judgment thereon. but such
appeal shall oe applied for within three
judicial days from the rendition OF the judg-
men' on said rule. and shall be made re-
tuFna0le 20 the supreme court within I'VE
day, with an additional day for every ten
miles The place o: holding the court may
be from the place where the Supreme Court
is holding its session. The appeal shall DO
taken up by the supreme Court. by prefer
ence over all other cases, immeGia lately upon
the application OF either party. and the
Judgment thereon shall become final, after
expiration OF two i'g.! days. whether ju-
aicial or n"t.
SEC. ). BE it further enacted. etc. Tha:
all law. parts OF laws conflicting with
this act. and all laws on the same subject
matter. be ana they are hereby repealed,
and that this ac: shall take effect from and
after lis passage.
Signed CHARLES ". LOWELL.
Speaker 81 the !Icuse of Representatives,.
,Slgned! Z c. ANTOINE.
Lieutenant Governor and Pges!!er: of the
Senate.
Approved March >. 49,:
t>igu.dl WILLIAM =. KELLOGG
Governor OK Ike Stat. OF Louisiana.
\ true copy:
i. g BESh":'E.
Secretary ~ St'f-.