New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-22

Q n a0opCSh0 report. ~ - : - -
IT NJ. Burch moved the previous question
q Seconded.
3 The main question was ordered
: Under operation of the previous question
and on call Of the yeas and nays, the Senat1
voted TO adopt the report by the following
/ | vote: g -.
, Yeas-Arderson, Allan, Blant, Breaux
Brewster. Burch, Cage, Goode, Harper
Herwig, Kelso, Landry, Masicot, Pollard
Stamps, Sypher. Twitchell, Weber, Whar
ton. Whitney. Young-2l.
: Nays-Blackhurp. Chadbnurn, Detiege
q | Eustis, George, Greene, Kelly, Ogden
Steven, White-lO.
Absent and not voting-Alexander, Du
mont, Ola, Grover, Robertson-5.
Mr.. Burch moved to reconsider the vote
just taken, and also moved to table the
motion 10 reconsider. t
The motion 20 table vas adopted
The report OF the Committee on Judiciary
as follows, was taken up:
' COMMITTEE ON JuprcIAHY }
t'Ft New Orleans. April l9, 1873. s
To the Honorable President and Members of the
| Senate:
Your Committee on Judiciary beg leave
to report favOrably on Senate bill No. 20, to
be entitled an act to amend and re-enact
article l6.j of the Code of Practice of Louis
lana, and with the following amendment:
Strike out all words from lines 104 to II /,
both inclusive; and thus amended would
| recommend its passage.
| THOMAS c. ANDERSON,
| Chairman.
| The bill was read.
| Mr.. Young moved to adjourn till to-mor-
row at IL A. IL.
Mr.. Harper moved to adjourn till - NJ.
On cal. of the yeas and nays the Senate
refused by the following vote:
Yeas-Aiexander. Anderson, Chadbouru,
Detiege, Mascot, Pollard, Stamps-7.
Nays-Allain, Blackburn, Blunt, Breaux,
Burch, Cage, George, Goode, Greene, Gro
yer. Harper. .Herwig, Kelly, Kelso, OGDEN,
Twitchell, Weber, Wharton, White, Whit
ney, Young-2l.
Absent and not voting Brewster, Du-
| mont, Eustis, Ola, Landry, Robertson,
Steven. Sypher-S.
On motion of Mr.. Weber the report OF
the COMMITTEES and the bill were ordered
printed in the journal, and it be fixed for
to ,morrow at two O'Clock, as follows:
Committee ON JupIc1ARY}
New Orleans, April IS. 1873. :
To the Honorable President and Members of the
Senate i
Your Committee on Judiciary beg leave
TO report favorably on Senate bill No. %, to-
be entitled an act to amend and re-enact
article l65 OF the Code of Practice of Louis
lana, and with the following amendment:
Strike out ali words from lines 1O4 to Ill,
both inclusive; and thus amended would
recommend its passage.
THOMAS c. ANDERSON,
Chairman.
A. =
the Code OF Practice of Louisiana.
SECTION ]. Be it enacted BIZ the Senate
and House of Representatives of the State
Of Louisiana in General Assembly con
vened, That article 65 Of the Code of prac-
tice be and is hereby amended SO as to read !
as follows:
There arc other exceptions to this rule |
which require that the defendant be sued |
before the judge having Jurisdiction over
the place Of domici.e or residence: they |
are hero enumerated: =
l. In matters relative 20 tho partition |
OF real property between several co-pro
prietors, for in such caae the suit must
be brought before the court of the place
where such property is situated, though |
tbs. co-p1oprieto.s may reside in different
parishes. ~ D..
o In matters relative to partnership, as
long as the partnership continues, in all
1
cited to appear before the tribunal Of the
place where it is established, or if there are !
several establishments, before that of the !
place where tho obligation was entered
into. N . 20.
5. In matter relative TO failure, all the
suits already commenced, or which may be
subsequently, instituted against the debtor.
the failure has been declared.
4. In matters relative to warranty, they
must be carried before the, court having
cognizance OF the principal action IN which |
demands il warranty arise.
>. When the defendants are foreigners |
or have no known place Of residence IN the
State, they may DC cited wherever they
are found.
6. When the defendants are JOINT OBJ.
bligers, thev may be cited at the dom;cile
Of any enc OF them, if more than one of |
them be Joined in the suit, but where suit is |
brought against ono joint obligor alone, he |
must be cited at the place of his domicile.
T.. In suits to enforce the collection of
bonds of State and parish officers, the
srcises the duties. of his office shall have
Jurisdiction over the securities, it matters I
not in what parish they reside.
q. In actions OF trespass on real estate, |
and in all matters relating to real servi-
tudes, be they natural or conventional, the
Judge 0f the place where the property is
situated shall have cOgnizance Of the cases.
9.-In all cases where any corporation shall I
commit tTespass, or do anything for which | /
an action for damages Lies, it shall be liable
10 be sued in the parish where such damage
10 done or trespass committed.
III. In all cases where the conservatory
process is sued. out to enforce and secure O.
len or privilege, or right of pledge. the
Judge Of the place where the property or L
hing subject to the lien or privilege, or
light OF pledge, IS situated or found, shall |
lavejurisdiction over the defendants in the | 8
,ause, it matters not in what parish they
prevent the plaintiff from suing at the. dom o
Gle OF defendant ii he elect go to do. II
III. In all cases where writ of fieri tacias u
hall issue to a sheriff of q parish, other
han that in which the Judgment was rem
Tered, that judge Of the parish to which the i
writ is sent for execution shall have .juris-
ict;on to. enjoin the writ ,concurrently :,
Nth the Judge Of tho place where the judg. :,
mont was rendered.
SEC. 2. Be it further enacted, etc., That 4
il laws or parts of laws in conflict with
he provisions of this act he and the same y
re hereby repealed, and that this act take =
feet from and after it's PRONUNCIATION. :
Mr.. Stamps moved to adjourn. n
Two Senator's called for the yeas and nays.
The Senate refused by the following vote: I
Yeas Alexander, Anderson, Allan, 7
'reaux, Burch. Chadbourn, Harper, kelso, 4
iasicot, Pollard, Stamps, Twitchell, Whit T
ev.-I3. .1-t. 4.f
Nays - Blunt, Brewster, Cage, Eus,is, n
Eeorge, Goode, Greene, Grover, Kelly, \
,aDdry. Ogden, Robertson. Steven. ,Sypher, .
Weber, Wharton, White, Young-iS. .
Absent and not voting-Blackburn, De- !.