The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-25
OFFICIAL.
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
No. IL

To provide for supplying the loss OF public
records and other papers consumed by the
burning Of the courthouse In the parish
OF jackson.
SECTION 1. Be it enacted by The Senate and
House of Representatives. of the State or
Louisiana, in General Assembly convened,
That where any original papers appertafning
to suit pending In either the district or par.
ish courts were destroyed by the burning Of
the courthouse In the parish OF jackson,
said suits, together with all the pleadings
and bonds filed therein, may be revived and
reinstated by either plaintiff Or defendant
the original petition, or by motion In open
court, or in chambers, on the opposite party;
which motion shall contain the name and
residence OF the parties, the nature OF the
demand and cause OF action, and the date
OF filing the original petition, and service OF
citation, as near as can be ascertained, to-
gether with statement OF the pleadings had
In the suit, orders made and bonds filed, ac-
companied by the affidavit OF the party, or
his attorney, as to the truth OF facts alleged;
upon filing which, motion or rule may be
taken on the opposite party to show, cause,
within ten days from the service thereof,
why said suit, pleadings, orders OF court and
bonds should not be reinstated. IL answer Is
MED by the affidavit of the party, or his at
torney, as to the truth Of the facts stated by
him; and 1t shall be sufficient for either party
to swear to the best Of his knowledge and
belief.
SEC. g. Be 1t further enacted, etc., That
upon the production of sscertifed copy OF any
original judgment, either OF the district or
parish courts, or certified copy OF same from
the record OF judicial mortgages, the clerk is
hereby authorized to issue execution thereon;
and, where no copy exists, the owner OF said
judgment, or his attorney, may obtain execu-
tiOn thereon upon presenting to the clerk OF
the court q statement, under oath, Of the
amount OF such Judgment or the balance due
IL
be construed to prevent judgment from being
established as other documents provided for
by this act.
SEC. 3. BE 1t further enacted, etc., That any
person desiring to establish any deed, bond,
mortgage, judgment or other writing which
was Of record or deposited In any Office In
said parish, and destroyed by the burning Of
the courthouse thereof, may have the same
established and revived by applying to the
district ct Of parish aSa court pa By under
bond, mortgage, judgment or other writing,
with as much specific certainty as possible,
and which petition shall be served on the
vendor, obllgor, debtor, or party In interest,
IL resident; II an absentee, It shall be set forth
In the petition, and the Judge shall appoint q
curator ad hoe to represent such absentee,
upon whom petition and citation shall be
served.
SEC. 4. BE. IL further enacted. etc., That the
party defendant In such applications shall
have the same delay as In other suits, and In
his answer, which shall be under oath, must
either admit or deny the facts stated In the
petition; whereupon the Judge shall proceed
70 trial, and after hearing the evidence shall
render judgment establishing such deed,
bond, mortgage, judgment, or other writing,
as the evidence proved to have existed; and
no other issue Is to be tried than the exist |
ence or nOn-existence OF the document sought |
to be established, and when 80 established It'll
shall be executory, and shall have the same
force and effect as the original could have.
SEC. s. Bet further enacted, ETC., That the
oath OF the plaintiff to the allegations Of his
petition shall be prima facie evidence OF the
existence and contents OF such deed, bond,
mortgage, judgment or other writing, but
may be rebutted by the denial, under oath, OF
the defendant.
SEC. 6. BE II further enacted ETC., That the
costs incurred in suits to establish such in |
there Is no opposition, but II opposition be |
made 1t shall be paid by the party cast.
SEC: T. Be 1t further enacted, etc. That the |
recording OF copy OF any judgment In the |
office OF the Parish Recorder, establishing |
any deed, bond, mortgage, judgment, or other
writing, shall have force and effect as the re- |
,ordihg OF the original deed, bond, mortgage, |
Judgment, or other writing which was de-
'troyed.
SEC. 8. Be 1t further enacted, etc., That in |
Ill cases In which there are costs and fees due
my clerk. sheriff, recorder, or other officer,
hey shall be collected as In other cases, upon |
such officer making up a specific bill verified |
~ oath.
Sec 9. BE II further enacted, etc., That the
provisions Of the foregoing act shall not ex-
dude the establishments Of any judicial record |
~ parol, where the original has been de-
'troyed by the burning Of the Courthouse.
Sec. 10. Be u further enacted, ETC., That GER
lied copies from the record OF any deed
bond, mortgage, judgment or other writing.
mall be admissible as evidence, and shall |
lave the same force and effect as certified |
,opies Of the originals.
SEC IL. BE 1t further enacted, ETC.. That the |
provisions OF this act shall apply to the Judi |
'ial records OF the Office OF the justice OF the |
,eace for the fourth ward Of the parish. and to |
ne records OF the police jury.
SEC ~. BE u further enacted, etc., That ali |
lmdayits required by this act may be to the |
,est OF the knowledge and belief OF the party
making them.
SEC ID. Be 1t further enacted, etc.. That this
lct shall take effect from and after it's pas-
age. -
JOHN G. MONCURE.
Speaker OF the House Of Representatives |
LOUIS A. WILT,
Lieutenant Governor and President of the
Senate. "o
Approved January "a, 1879.
FRANCIS r. NICHOLS.
Governor OF the State of Loufsiana.