The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-13

pbNGIuDE Ol JII6 oJslJG OF LOUISIANA.
true copy.
WILL A. STRONG,
Secretary Of State
No. TIL AN ACT
To provide for supplying the loss of the pub
lie records and other papers consumed by
the burning of the courthouse in the
town OF Leesburg, parish of Cameron,
State OF Louisiana or in any other man
ner, on the twentysixth day of February,
A. d. 1874.
SECTION /. BE IL enacted by the Senate and
House Of Representatives of the .Stnte Of
Louisiana, IN General Assembly conrened,
That any person desiring to establish any
judgment, mortgage, bond, deed, petition,
answer, suit, or any other paper in a suit, or
any other paper or other writing whatsoever
which was OF record or deposited in any office
In said parish, and destroyed by the burning
OF the courthouse, or destroyed in any other
way in February. A. ID. 1874, may have the
the district court by petition, setting forth
the contents aud a description of the judg-
ment, mortgage, bond, deed, petition, answer,
suit, or any other paper in suit, or any other
paper, or writing whatsoever, which was of
record, or destroyed in any office in said par
ish, and destroyed by the burning or in any
other way whatsoever, which he, she or they
wish to establish, with as much specific Ger
tainty rs possible, which petition must he
served on the maker, defendant, or other party
PENDANT, or other party or parties reside in
the parish of Cameron, but II the said party
or parties reside out of said parish, it shall
be set forth in the petition, under oath, and
the ,iud &c OF the court shall appoint curator
nd hoe for such person or persons, upon whom
service of citation and petition shall be made
as in other suits, according to law
SEC. 2. BE 1t further enacted, ETC., That the
defendant, in all applications as aforesaid,
shall have the usual legal delays, as in other
suits; but when the said party answers he
shall admit the petition, Or deny it partially
or wholly, and said denial shall be under oath
whereupon the judge or court shall proceed
to the trial without the intervention of a jury,
and upon hearing the evidence shall decide
and render Judgment, establishing such
Judgment, mortgage, bond, deed, suit, or any
other paper or other writing whatsoever
which was Of record or destroyed In any office
in said parish, or destroyed in any other way,
or other writing obligatory, as the evidence
proves to have existed.
SEQ. 3. BE ii further enacted, etc, That
IL the plaintiff or applicant as aforesaid make
oath to the allegations of his petition, it shall
be prima facie, evidence Of said judgment,
or any paper in suit 81 record in any Office,
or other writing as aforesaid, which may be
rebutted by the denial, under oath, of the de-
fendant; prOrided, that the only issue to be
raised shall be the existence or non-exstence
of the document or instrument Of writing in
controversy and sought to be established.
SEC. 4. Be 1t further enacted, ETC., That any
owner OF q Judgment, which was destroyed
as aforesaid, in any office of the parish of
Cameron, shall have the right to have exec,l-
ton issued thereon, upon his presenting to
the clerk, OF the court true copy of the
original judgment, or a statement, under
oath, specifying the exact amount of such
judgment or balance due thereon; propided,
may be issued shall have the right to enjoin
the same upon making oath that any mate
rial statement in the affidavit of the person
applying for the execution is not correct;
and if such Injunction is set aside, the person
SO enjoining shall not be liable to any dam
ages except the cost of such Injunction and
pr0Uided, that this section shall not be so
construed as to prevent judgment being
established as other documents, as provided
by this act.
SEC. 5. Be 1t further enacted, etc., That the
recording in the office of the parish recorder
of copy ofolny judgment establishing any
judgment, mortgage, bond, deed or writing
obligatory, shall have the same force and ef-
feet as the recording of hdorignal Judgment
mortgage, bond, deed, or writing obligatory,
which was destroyed. O
Sec. 6. BE ii further enacted, ETC., That his
act shall remain in full force and effect
until the first day of February, A. ID. 1881, and
that all laws and parts of laws contrary to the
Of Cameron be and the same are hereby re-
pealed, and that this act shall take effect
from and after it's passage.
(Signed LOUIS BUSH,
Speaker of the House of Representatives.
(Signed) LOUIS A. WILTZ,
Lieutenant Governor and President of the
Approved March 70, 1875
(Signed) FRANCIS T. NICHOLAS,
Governor of the State of Louisiana
WILL. x. STRONG, O
q Secretary of State.
No ISL AN AGy
To amend and Se-enact article five hundred
and eighty-tHo (582, OF the Code of Prac-
tce.o q
SECTION 1. Be it enacted IN the Senate and
House of Representations ofMe State Of Louisi-
dna IN General assembly co7sVened That article
five hundred and eighty-two of the Code of
Practice be amended and re-enacted so as to
read as follows: "The sheriff shall serve the
citation of appeal on the appellee il he reside
IN the State, and on his advocate if he do not,
and in default of advocate on a curator aud
hoe, to be appointed by the court for said pur-
pose, by delivering a copy Of the same to
such appellee, or to his advocate, or to such
curator dd hoe, or by leaving it at the place of
his usual domicile.
SEC. g. BE 1t further enacted, etc, That all
laws or parts of laws in conflict with the fore
going provision be repealed, and this act shall
take effect from its passage.
(Signed) LOUIS BUSHo
Speaker of the House of Representatives.
(Signeh LOUIS A. WILTZ,