New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-19

with such mbent or person pretending
to hold or exercise judicial functions, and
shall be made returnable within twenty.
four hours, if the defendant IN SAID rule re.
side within ten miles Of the court, with an
additional twenty-four hours tor every ad.
ditional ten miles his said residence may
be from the court issuing sad rule. And
the case shall be tried Immediately and
without Jury and by preference to all other
matters or causes pending IN sald court,
and the Judgment thereon shah be Signed
the same day of its rendition; provided,
that when any party may desire TO take
such rule or make application Tor removal
of his case, as provided III section - OF
this act if the court may not lie in session,
the same may be granted at chambers. and
it shall he the duty of the said court to try
the same at chamber, or 10 open ana lOld a
special term for the trial of any such rule
SEC. 3. Be it further enacted. etc. That
in case of recusation, or inability from
any cause whatever, the judge or iud yes OF
the parish or district wherein the persons
so cOntesting shal! reside. shall be unable.
to act. then and in that case the plaintiff u
said rule may take said rule before the
nudge OF the adjoining parish or lud.c!a.
district, or to the Superior Court 1t New
Orleans as ne may deem advisable: and IL
cases now pending, in which condensation
between persons claiming judicial office "a
the subject matter at issue. either party
shall have the right 20 have his cause re
moved to the adjoining parish or ;udic!ai
district. or to the Superior Court at New
Orleans. upon application 90 che Judge .:
any adjoining parish or judicial district o.
Superior Court ~ New Orleans, and att!.
davit of the recuBat!Cn or inability OF tlr
Judge 20 act from any legal cause, and
upon the party filing sald Application amt
affidavit. the court shall, hE order.
II. as mol, an
the record shall thereupon be transferred
90 the said court; and III case ct insblAtT
ON the part Of the party applying 20 Obtain
said record, OK j dul Y certified copy Thereon,
sworn copies OF the record may De MED
with the court. and the case shau
thereupOn be tried in same manner az Il
the original record was with the court; pro
vided. that before any case 50 removed ~
the instance Of any party shall be proceed
ei with, The court making the remove
shall require that The adverse party shat!
have twenty four hours notice. with Al
additional! twenty four for every ten mics
hi. place OF residence Kay be from "a.
court.
sec. I. Be il !urthe. enacted. etc. Ths'
either party TO such rule may cake an up
peal from the Judgment thereon, but su'a
appeal shall DE applied sOr within three
judicial DAYS from the rendition o. the JUDI:
ment on said rule and shall be made ve-
turnable 20 the Supreme Court within nv.
DAYS. with an additional day for every '.s
miles the place of holding the court may
be from the place where the Supreme CouT:
i. holding its session. The appeal shsl -
taken up by tho Supreme Court. by pret.-,
ence over all other cases Immediately upon
the application of either party. and the
Judgment thereon shall become final, after
expiration OF two Isgs! days. whether W.
dicial or not.
SEC ,. Be i. further enacted. etc. Tia.
all laws or parts OF laws conflicting VITA
| this act. and all laws on the same subjes.
matter. De and they are hereby repes!-i.
and that this act shall take eti.c: from AID
| after its passage.
Signed, CHARLES 81. LOWELL.
! Speaker Of the House Of Representatives.
,Signed} G. G. ANTOINE.
Lieutenant Governor and H..sidea: y: "a,
Senate.
Approved March ;. 1873
isigned, WILLIAM =. kEH.W;H.
Governor Of the Sta.. OF Louisiana
a true copy:
i. G.. DEsLOSDr.
Secretary OF STATE.