The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-24
OFFICIAL.
LAWS OF THE STATE OFsLOUIsIANA.
- R@ssAKH
PUBLISHED BY AUTHORITY,
9shsaAsf
REGULAR SESSION OF 1877.

No. 1871 AN ACT ..
To provide for supplying the loss of pub ic r.
cords and other papers consumed by the
burning of the courthouse in the parish of
Livingston, on The n1gnt OF the fourteenth
day OF October, eighteen hundred and sew"
.enty.fve.
SECTION /. Be it enacted by the Senate and
House Of Representatives Of the State of
louisiana, IN General Assembly concerned
suit pending in either OF the district or PAL ish
courts were destroyed by the burning OF the
courthouse in the parish Of Livingston, on the
night of the fsurteen4 day Of October, eighteen
hundred and seventy. five, said suits, together
with all the papers, pleadings and bonds filed
therein. may be received and reinstated by either
plat tiff or DOZEN ant filing with the clerk duly
certified copy Ct the original petition; or by mo-
ton in open court or in chambers, served ON the
opposite party, which motion shall contain the
name and residence of the parties, the nature Of
the demand End cause of action, and the date OF
the filing Of The original petition and service OF
citation as near AZ can be ascertaiaed, together
wit with "a "a s statement OF tho proceedings
bonds fled, accompanied by the affidavit of the
parties their attorneys as to the truth of facts
allowed, upon fling which motion rule may be
taken ON the opposite party to show cause, with
in ten days from the tervice thereof, why said
suit, pleadings, orders Of court and bonds should
mot be reinstated. If answer is made to said rule.
1t shall also be accompanied by the affidavit of
the party, or OF his attorney, as to the truth of
tae facts stated by him, and it shall be sufficient
edge and belief.
SEC. 2. Be 1t further enacted, etc., That upon
the production OF a certified copy Of any original
Judgment, either Of the district, parish or JUS
tlce COURTS or certified copies Of the same from
the record of Judicial mortgages, the clerk of the
court is hereby authorized TO issue execution
thereon; and where mo copies exist, the owner OF
said Judgment, or his attorney, may obtain exc
cution thereon, upon presenting to the clerk of
the court q statement, unds oath, OF the amount
OF such iudgmen-, or the balance due thereon
poUaded, that this section shall not be constr ued
to prevent Judgment from being established as
other records provided for by this act.
FEC. =. BE 1t further enacted, etc That amy
person desiring to establish any deed, bond
mortgage, judgment or other instrument OF
writing. which was of record. or deposit ed in any
office Ut said parish, and which was DESTROYED by
the burning Of the courthouse thereof, on the
night Of she fourteenth day of October, eighteen
hundred and seventy-fve, may have the same es-
tablished and received by applying to the district
or parish court, by petition, under oath, in hich
he shall describe such deed, bond, mortgage.
Judgment or other instrument of writing with a.
much specific certainty as possible, and which
petition shall be served on the vendor, obligor,
or party in interest, if resident; il an alb
sentee, 1t shall be set forth, under oath. in the
petition, and the Judge shall appoint curator
dd hoe to represent snch absentee, upon whom
anu BQdu De served.
SEC. 4. Be ii further enacted, etc., That the
party defendant IL such applications shall have
the same delay as in OTHER cuts, AMI in his
answer, which shall be under oath, must
either admit facts as stated in the petition
or deny the same wholly or partially, where
and after hearing evidence shall render
Judgment establishing or not such deed. bond,
mortgage, Judgment or other instrument Of
writing, as the evidence proves to have existed,
unI hos 5anrS s,& ~. I -
or mont xtstence OF the document sought 10 be
established; and when go established it shall be
execntory and sh II have the same force and
effect as the original cou have.
SEC. 5. Bet further enacted, ftc, That the oath
OF the plaintiff the allegations Of his petition
shall be p,fma facie evidence of the existence
and contents OF such deed, bond, mortgage,
Judgment or other inssrumsn mt of writing. but
may be rebutted by the denial, under oath, of
the defendant.
SEC. G. Be it further enacted, etc., That the
costs incurred in suits to establish such instru-
ments shall be paid by the plaintiff when there lie
no opposition, but if opposition be made il shall
be paid ~ the party cast.
SEC. Z Be 1t fu''ther enacted, ETC., That the re-
cordlng OF a certified copy Of any Judgment in the
office OF the parish recorder, establishing any
deed, bond, mortgage, judgment or other instru-
ment Of writing, shall hav: the came force and
effect as the recording of the original d. ed bond,
mortgage, Judgment or other instrument of vii.
Sec 8. Be it further enacted, etc., That in all
cases in which there are COSTS due any clerk,
sheriff, parish recorder, or other officer they
shall be allowed, in other case s. upoa such off.
GER making up specific bill Of costs, certified
under oath.
SEC. .. he further enacted, etc., That the pro-
visions OF this act shall not prevent the establish
ment OF any Judgment rendered by parol evidence
where the original record has been DESTROYED bv
the burning OF the cour! house OF i'd parish on
the fourteenth day Of October, eighteen hundred
and seyenty-fve.
SEC. 10. Be it further enacted, etc, That certi-
fled copies from the record OF any deed, bond,
mortgage or other 1ustrum-n mt Of W iing ehall be
admissible evidence, and shall have the same
force and effect certified copies of the originals,
SEC. H. BE it further e1sdced, etc., That all AFT
davits required by this act may be to the best of
the knowledge and belief Of the party making
sucn affidavit.
SEC. IL. Be 1t further enacted, etc.. That
the provisions of this act shall not ex-
tend beyond the first day of January, eighteen
hundred and eighty provided, that this Iimita-
ito shall not apply to applications pending at
that time and not decided.
SEQ. IS. Be it further enacted, etc., That this
act snail lake effect from and alter lis passage.
(S1gned LOUIS BUSH,
Speaker Of the House OF Representatives.
(signed) LOUIS A. WILT,
Lieutenant Governor and President of the Senate
Approved February 49,. 1877.
(oigned) FRANCIS T. NICHOLS,
Governor Of the State OF Louisiana.
A true copy:
OSCAR ARROYO, Assistant Seer tary of State.
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