New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-21

both inclusive; and thus amended would
recommend its passage.
THOMAS c. ANDERSON,
Chairman.
An act to amend and re-enact article l65 of
tho Code of Practice Of Louisiana.
SECTION l. Be it enacted by the Senate
and House of Representa- ives of the State
Of Louisiana in General Assembly con-
vened, That article los Of the Code Of Prao-
tice be and is hereby amended 80 as to read
as follows:
There are other exceptions to this rule
which require tint the. defendant be sued
before the judge having Jurisdiction over
the place of dOmicile or residence; they
are here enumerated:
l. In matters relative to the PARTITION
OF real property between several c0-prO
prietOrs, for in such q case the suit must
be brought before the court Of the place
where such property is situated, though
the co-proprietors may reside In different
parishes.
=. In matters relative to partnership, as
long as the partnership continues, in all
suits concerning it. the parties must be
cited to appear before the tribunal of the
place where it is established, or it there are
several establishments. before that of the
place where the obligation was entered
into.
3. In matters relative to 1oilure, all the
suits already commenced, or which may be
subsequently, instituted against the debtor,
must be carried before the court in which
the failure has been declared.
1. In matters relative to warranty, they
must be carried before the court having
cognzance Of the principal action in which
demands il warranty arise.
5. When the defendants are foreigners
or have no known place OF residence in the
State, they may be cited wherever they
are found.
6. When the defendants are JOINT OBJ.
bligers, they may be cited at the d0micile
OF any one Of them, it more than one OF
them be joined in the suit, but where suit is
brought against one joint obligor alone, he
must be cited at the place of his domieile.
7. In suits to enforce the collection of
bonds of State and parish officers, the
court of the parish in which the officer ex.
ercises the duties of his office shall have
jurisdiction over the securities, it matters
not in what parish they reside.
s. In actions of trespass on real estate.
and in all matters relating to real servi-
tudes, be they natural or conventional, the
Judge Of the place where the property is
situated shall have cOgnizance OF the cases.
9. In all cases where any corporation shall
commit trespass, or do anything for which
an action for damages lies, it shall be liable
to be sued in the parish where such damage
is done or trespass committed.
10. In all cases where the conservatory
process is sued out to enforce and secure a
lien or privilege, or right Of pledge, the
Judge Of the place where the property or
thing subject to the lien or privilege, or
right OF pledge, is situated or found, shall
have jurisdiction over the defendants in the
cause, it matters not in what parish they
may reside; provided, that nothing ehali
prevent the plaintiff from suing at the dom
icile of defendant if he elect SO to do.
Ill. In all cases where writ of tieri tacias
shall issue to a sheriff OF parish, other
than that in which the Judgment was rem
dered, that judge of the parish to which the
writ is sent for execution shall have jnris-
dictiOn to enjoin the writ concurrently
with the Judge of the place where the judg-
ment was rendered.
SEC. >. Be it further enacted, ETC., That
all laws or parts of laws in conflict with
the provisions CT this act be and the same
are hereby repealed, and that this act take
effect from aud after its PRONUNCIATION.
Mr.. Stamps moved to adjourn.
Two Senators called for the yeas and nays.
The Senate refused by the following vote:
Yeas - Alexander, Anderson, Allan,
Breaux, Burcb, Chadbourn, Harper, kelso,
Masieot, Pollard, Stamps, Twitchell, Whit
ney-l3.
Nays - Blunt, Brewster, Cage, Eustis,
George, Goode, Greene, Grover, Kelly,
Landry, Ogden, Robertson. Steven, Sypher,
Weber. Wharton, White, Young-18.
Absent and not voting-Blaok burn. De-
tiege, Dumont, Herwig, Gla-5.
RESOLUTIONS LYING OVER.
The following resolution was taken up:
Resolred, That the Governor be and he is
hereby directed to send in for confirmation
by the Senate, within three days from the
passage of this resolution, the name OF such
person or persons (requiring contirmation)
nominated or commissioned by him. aud
that any such person or persons holding a
commission without the confirmation of the
Senate at the time Of its adjournment shall
be declared null aud void and of no effect.
Mr. Allan moved to table the resolution.
Tabled.
Mr.. Breaux moved to adjourn.
Two Senator'S called for the yeas and
nays.
Yeas-Anderson, Breaux, Burch, Brew
ster, Eustis, George, Grover, Harper, MAST
cot. Ogden, Steven, Whitney-I.
Nays-Blunt, Cage, Goode; Kelly, Kelso,
Robertson. Stamps, Sypher, Weber, White,
Wharton, Young-12.
Absent and not voting-Alexander Allan,
Blackburn. Chadbourn, Detiege, Dumont,
Greene, Ola. HerwIg. Landry, Pollard,
Twitchell-l2.
The vote being tie, the President voted
in the negative, and the motion to adjourn
was lost.
Mr. Wharton, chairman Of the Committee
on Finance, submitted report recommend
Ing the passage Of Senate bill No q, to be
entitled an act to relieve the delinquent
taxpayers from the payment Of penalties in
certain cases.
Mr.. Wharton moved to suspend the Sen
ate rules, and moved the previous question
Seconded.
The main question was ordered, and
under operation of the previous question
the Senate voted to suspend the Sena to
rules by the following vote:
Yeas-Anderson, Allan, Brewster, Burcb,
Blackburn, Cage. Eustis, George, Goode,
Grover, Harper, Kelly, Kelsc, Landry,
Pollard, Robertson. Stamps, Steven, Weber,
Wharton. White, Whitney, Young-23. /
Nays-Blunt, Breaux, Chad bOurn reene,
Sypher, Twitchell-6.
Absent and not voting-Alexander, De-
iege, Dumont. Ga, Herwig, Mascot. o.
lem.
The President declared The rules sus-
pended.
On call OF two Senators the Senate went |
INTO executive session.
Executive session having been raised the |
ollOwing Senator'S answered TO their |
names:
Present-Messrs. Allan, Anderson, Black