New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-18

with such incumbent or person pretending
1 TO hold OF 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 for every ad-
ditional ten miles his said residence may
be from the court issuing said rule And
the case shall be tried Immediately and
without jury, and by preference to all other
matters or causes pending in said court,
and the Judgment thereon shall be signed
the same day of its rendition; provided,
that when any party may desire to take
such rule or make application for removal
OF his case, as provided in section - Of
this act, if the court may not be in session,
the same may be granted at chambers, and
it shall be the duty of the said court TO try
the same at chamber, or to open and hold a
! special term for the trial of any such rule
SEC. B. Be it further enacted, etc, That
! IN case of recusation, or inability from
any cause whatever, the judge or judges Of
! the parish or district wherein the persons
so contesting shall reside, shall be unable
TO act, then and in that case the plaintiff in
said rule may take said rule before the
| Judge OF the adjoining parish or judicial
| district, or to the Superior Court at New
| Orleans, as ne may deem advisable; and IN
| cases now pending, in which condensation
between persons claiming judicial office ls
the subject matter at Issue, either party
shall have the right to have his cause re-
moved to the adjoining parish or judicial
district, or to the Superior Court at New
Orleans, upon application to the judge OF
any adjoining parish or judicial district, or
Superior Court at New Orleans, and af-
dayit Of the recusati' II or inability OF the
Judge TO act from any legal cause, and
upon the party filing said application and
affidavit, the court shall, by ORDER.
no of
the record shall thereupon be transferred
to the said court; and In case OF inability
Oh the part of the party applying TO obtain
said record, or duly certified copy thereof,
sworn copies of the record may be filed
with the court. and the case shall
thereupOn be tried in same manner as II
the original record WAS with the court; pro-
vided, that before any case so removed at
the instance OF any party shall be proceed
ed with, the court making the removal
shall require that he adverse party shall
have twenty-four hours notice. with an
additional twenty four for every ten miles
his place Of residence may be from the
court.
SEC. 4. Be it further enacted. etc, That
either party TO such rule may take an ap.
peal from the Judgment thereon, but such
appeal shall De applied for within three
judicial days from the rendition of the judg-
ment on said rule, and shall be made re.
turDaDLe 10 Lne supreme court WlIA1n I'VE
days. with an additional day for every ten
miles the place of holding the court may
be from the place where the Supreme Court
is holding its session. The appeal shall be
taken up by the Supreme Court, by prefer
ence over all other cases, Immediately upon
she application of either party, and the
Judgment thereon shall become final, after
expiration of two legal days, whether ju-
dicial or not.
SEC j. Be il further enacted. etc, That
all laws or parts OF laws conflicting with
this act. and all laws on the same subject
matter. be and they are hereby repealed.
and that this act shall take effect from and
after its passage.
ISigned) CHARLES W. LOWELL.
Speaker Of the House of Representatives.
tSigned) G. &. ANTOINE,
Lieutenant Governor and President o! the
Senate.
Approved March ), 1873.
lSignedl WILLIAM p. KELLOGG,
Governor of the State OF Louisiana.
\ true copy:
=. q DEsLONDE,
Secretary of State.