The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1879-02-22

alleged, upon hling which, motloh
or rule may be taken Oh the oppo-
site party to show cause, within
ten days from the service thereof,
why said suit, pleadings, orders OF
court and bonds should not be re-
instated. Ii answer is made to
said rule, it shall also be accom-
panied by the affidavit of the party
or his attorney, as to tie truth OF
the facts stated by him, md it shall
be sufficient for either party to
swear to the best of his knowledge
and belief.
SEC. 9. Be it further enacted,
etc, That upon the production of
IL certified 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 an
thorized to issue execution thereon;
and where no copy exists, the own
er of said Judgment. or his attor-
ney, may obtain execution thereon,
upon presenting to the clerk oftbe
court statement, under oath, OF
the amount of such judgment, or
the balance due thereon. provided,
the person against whom such exc
cution may be issued shall have
the right to enjoin the sane upon
making oath that any mateial
statement in the affidavit of the
person applying for the execution
Is not correct; and if such injunc-
tIou is set aside, the person 50 en-
j inning shall not be liable TO any
damages except the cost of such
Injunction; provided, that this Sec
ton shall not be construed to
prevent Judgment from being e.
tablisbed, as other documents pro-
vlded for Ivy this act.
SEC. 3. Be it further enacted,
etc, That any person desiring to
establish any deed, bond, mortgage,
Judgment, or other writing, which
of record, or deposited i'll any Of
ice III said parish aud destroyed
by the burning of the courthouse
thereof, may have the same est,tb-
lished and revived by applying to
tile district or parish court BY pc
tItion under oath, III which bball
be described such deed, bond,
mortgage, Judgment, or other
writing. with as much specific GER
taluty AS possible, aud wuich petit
ton shall be served on tue vendor,
obllgor, debtor OF party in inter-
est, If resident. II an absente 1t
shall be set forth in the petition
and the judge shall appoint n Gu
rator I'D hoe to represent such alb
sentee, upon whom petition aud
citation shall be served.
SEc. 4. Be it further enacted.
etc., That the party defendant IN
such applications shall have the
same delay as in other suits, and Ill
his answer, which shall be under
oath, must either admit or deny
the facts st .ted in the petition,
whereupon the judge shall proceed
to trial, and after hearing the evid-
ence shall render judgment estab-
fishing such deed, bond, mortgage,
Judgment, or other writing as the
evidence proved 10 have existed,
aud no other issue is to be tried
than the existence or non-existence
of the document sought to be es-
tablished, and when SO established
it shall be executory, and shall have
the same force aud effect as the
original could have.
SEC 5. Be it 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
CT other writing, but may be re-
butted by the denial under oath OF
the defendant.
SEC. q. Be it further enacted,
ETC., That the costs incurred in
suits to establish such instruments
shall he paid by the plaintiff where
there is no opposition, but if oppo-
sition be MADE it shall be paid by
the party cast.
SEC. I. Be il further enacted,
etc, That the recording of a 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 recording of the
original deed, bond, mortgage.