New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-24
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
No. 33.
AN ACT

To provide for supplying the loss of the
public record and other papers consumed
by the burning of the courthouse in the
town of Colfax, parish of Grant, State OF
Louisiana, or in any other manner, on the
thirteenth day of April A. D. 1873.
SECTION /. Be it enacted by the Senate
! and House of Representatives of the State
OF Louisiana in General Assembly convened,
That any person desiring to establish any
Judgment, mortgage. bond, deed, petition,
answer, suit, or any other paper in suit. or
any other paper or other writing whatso-
ever, which was Of record or deposited in
any office in said parish, and destroyed by
| the burning of the courthouse, or de-
stroyed in any other way in April. A. ID.
1873, may have the same established by ap-
plying to the Judge of the district court
by, petition, setting forth the contents aud
| description of the judgment. mortgage,
bond, deed, petition, answer, suit, or any
paper in suit, or any other paper
or other writing whatsoever which
was of record. or destroyed in any
office in said parish. aud destroyed by the
burning or any other way whatsoever
which he, she. or they wish to establish
with as much specific certainty as possible,
which petition must be served on the maker
defendant, or other party or parties in
interest, if the said maker, defendant, or
other party or parties reside in the parish
of Grant; but if said party or parties reside
out of said parish it shall be set forth in
the petition under oath, and the Judge of
the court shall appoint a curator nd hoe for
such person or persons, upon whom service
of citation and petition shall De made as ia
other suits according to law.
Sec. 9. Be it further enacted, etc, That
the defendant in all applications as atore-
said shall have the usual legal delay as in
pft bar, emit .l,nvr In.
swers he shall admit the petition or deny it
partially or wholly. and said denyer shall
be under oath, whereup0n the Judge on
court shall proceed to the trial without the
intervention OF jury, and upon hearing
the evidence shall decide and render juda-
ment establishing such Judgment, mortgage,
bond, deed. suit, or any paper in suit or
any other paper or other writing whatso-
ever, which was of record or destroyed in
any office in said parish, or destroyed in
any way, or other writing obligatory as the
evidence prove to have existed.
Sec. 3. Be it further enacted, etc, That
if tho plaintiff or applicant as aforesaid
make oath to the allegations of his petition,
it shall be prima tacie evidence of said
judgment, mortgage, bond, deed, petition,
answer, suit or any paper in a suit of record
in any Office. or other writing as aforesaid,
which may be rebutted by the denial under
oath OF the defendant: provided. that the
only issue to be raised shall be the existence
or non-existence of the document or instru-
ment of writing in controversy and sought
to be Established.
Sec. I. Be it further enacted, etc, That
any owner of a judgment which was de-
stroyed as aforesaid in any office of the
parish of Grant, shall have the right to have
execution issued thereon upon his pres enting
to the clerk of the court true copy of the
original judgment or statement under
oath, specifying the exact amount of such
Judgment or the balance due thereon; pro-
vlded, the person against whom such exc
cution may be issued shall have the right to
enjoy the same upon making oath that
any material statement in the affidavit
OF the person applying for the execution
Is not correct: and if such injunction
is set aside, the person so enjoying shall
not be liable to any damages except the
cost of such injunction; and provided, that
this section shall not be SO construed as to
prevent judgment being established as
other documents, as provided by this act.
SEC. D. Be it further enacted, etc, That
the recording in the office of the parish re-
cordec of a copy of any Judgment ostab-
fishing any Judgment, mortgage, bond, deed |
or writing obligatory shall have the same |
force and effect as the recording of the |
original Judgment, mortgage, bond, deed |
or other writing obligatory which was de- |
strOyed.
SEC. 6. Be it further enacted. etc, That |
in all criminal prosecutions where bills of |
had been found and DESTROYED |
by the burning Of the courthouse of the |
parish OF Grant, az aforesaid, the grand |
Jury shall be authorized to find new bills of
Indictment and substitute them in the place
IF those destroyed; provided, that prescrip.
ion shall rot run in any case on account of
he destruction of the original bills of in
lictment.
SEC. !. Be it further enacted, etc, That
his act shall remain in full force and effect
Until the first day of January, A. d. 1881,
md that all laws and parts of laws con
rary to the present act relative to the
'arish of Grant be and the same are hereby
epealed. and this act have full force and
feet from and after it's passage.
(Signed) MICHAEL HAHN,
peaker of the House of Representatives.
(Slgned) c. G.. ANTOINE,
lieutenant Governor and President of the
Senate.
A true copy:
P. e. DESLOSDE.
Secretary OF State.