New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-21

with such incumbent or person pretending
70 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-tour hours tof every ado
dtioual ten miles his said residence may
be from the court issuing said ruleo And
the case shall be tried Immediately amt
without iury. and by preference 70 al. othes
matters or causes pending in said court.
and tho Judgment thereon shall be signed
the same day Of its rendition: provided
that when any party may desire To taks
such rule or make application for removal
of his ease. as provided IN section --- o:
this act. if the court may not De Ia session,
the same may be granted at chambers. anG
il shall De the duty OF the said court to iry
the same AT chamber or TO open and hold a.
special term for the trial of any such rulr.
SEC. :. Be il further enacted. etc. THAI
in case OF recusatiOn, or inability from
any cause whatever. the Judge or iuG yes OF
the parish ~ district Wherein the persons
so contrasting shall reside, shall be Unable
to act. then and in that case the plaintiff !lr
said rule may take said fuie before the
Judge OF Che adjoining parish or iudiciai
district. or to tho Superior Court at New
Orleans, as ne may deem adv lSa BILE: and lib
cases now pending. in which CONVERSATIONS
between persons claiming Judicial! office ~
the subject matter at Issue. either party
shall have the right ~ have his cause rt+
moved TO the adjoining parish or ;udiciat
district, or to tn" Superior Court al Nem
Orleans. upon application TO the Judge 81
any adjoining parish or judicial district. os
Superior Court at New Orleans, and attn
davit OF the reCusatl II or ina b!litv ct The
Judge to act from any lega! cause. an4
upon the party filing said application ana
affidavit. the cOur, shall, by order.
val nf h
the record shall thereupOn be transferred
to the said court: and IN case of inability
on the part Of the party applyir. TO obtain
said record. or dul y certified copy thereof,
sworn copies of the record may be .ie,N
with the court. and the case shai.
thereupOn be tried in same manner az ::
the original record was with the court, pros
vided. that before any case so removed Il:
the instance of any party shall be proceed.
ed with. the court making the removal
shall require that the adverse party shall!
have tWeuty-fOur hours notice, with an
additional twenty-four for every ten miles
his place of residence may be from :ha
court.
SEC. T. Be il further enacted. etc, Tba,
either party to such rule may take an an.
peal from the judgment thereon, but such
appeal shall De applied tor within three
judicial days from the rendition OF the judy
ment on said rule, and shall be made re-.
turnable to the Supreme Court within tiv.
days. with an additional day for every ten
miles the place of holding the court may
be from the place where the Supreme Conr.
is holding its session. The appeal shall b.
taken up by the Supreme Court. by prefer
ence over all other cases. Immediately npon
the application of either party. and ,he
Judgment thereon shall become final, after
expiration OF two legal days. neither j.o
dicIal or not.
SEC. >. BE it further enacted. etc, Tia.
al! laws or parts of laws conflicting VITA
this act. and all law, on the same subject
matter. be and they are hereby repealed.
and that this act shall TAXI. ettec: from aud
after its passage.
tSigned) CHARLES w. LOWELL.
Speaker OF the House of Representative
(Signedj c. e. ANTOINE.
Lieutenant Governor ana P!.s:l.M. Ut ';ss
Senate.
Approved March :. 49,:
lSlgnedi WILLIAM = k"lIDt;i:,
Governor OF the Stat" at i-nui-;.na
a true copy:
/. Il Dk-LONDE.
Secretary af State