The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-11
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LAWS OF THE STATE OF LOUISIANA
PUBII'51ED BY AUTHORITY.
K4eEULAR SESSION, 1870.
AN ACT

FaH1 AN ACT
Et provide for tho supplying the loss Of
4 public records and other papers. con-
suuped by the burning OF the courthouse
Il In the parish Of Grant.
n gEcTfoN 1. BE IL Enacted bg me Senate and
y Hostse of Representatives. Of NE state Of
Leuisi0nd, IN General Assembly conve'.ed,
That where any original papers appertalning
10 a suit pending In either the district OF
uarlsh courts were destroyed by the burning
Of the courthouse In the parish Oh Grant,
aaid suits together with oil tho pleadings anu
bonds filed therein, may BIO revived and rein
stated by either Plaintiff or defendant Ming
with the clerk a duly certified copy Of the
original petition, or by motion in open court,
or In chambers, on tho opposite party such
motion shall contain the name aud residence
III tbe parties. the nature Of the demand and
cause Of action, and Tho date OF filing the
original petition and service OF citation as
near as can be ascertained, together with q
orders made and bonds fIIed, accompanied by
the affidavit of the party or his attorney as TO
the truth Of facts alleged, upon ming when,
motion or rule may DO taken on the opposite
The service thereof, why said suit, pleadings,
orders OF court and bonds should not be rein.
stated. IT answer IL made to said rule ~
shall also be accompanied by the athdavit q
the party. or his attorney as 70 me trusn ~ -
the facts stated by him, and 1t shall be sum.
Gent for either party TO swear TO the best Oh
bis knowledge and belief
STtr. D. BEL further enacted, etc., That upon
the production Of % certified COPY ., any
original Judgment either Of the district or
parish courts or certified copy OF same rom
the record Of judicial mortgages, the clerk II
hereby authorized to Issue execution tnereoii
and where no copy eSists, inc oWne. VI s'.iu
Judgment, or his attorney, may OBTAIN execu.
ton thereon, upon presenting 10 tne clerk o.
the court a statement, under oath, OF the
amount Of such Judgment. or the balance due
thereon: provided the person against whoIn
such execution may be issued shall have the
right to eujoin the same upon making oath
tint any material statement In the affidavit
of the person applying for the execution -
not correct and If such Injunction 1s set
aside the person so enjoining shall not pc
liable to any damages except the cost Of such
tniunction provided, that this section snail
not be construed to prevent Judgment from
being established, as other documents pro-
yided for by this act. u,
SEC. 8. BE il further enacted. ctc, That any
person desiring TO establish any deed, bond,
mortgage, Judgment or other writing, when
OF record, or deposited in any Office ID salo
parish and destoyed by the burning 81 the
courthouse thereof may have the same es-
tabsbed and revived by applying to the DIS.
trict or parish court by. petition under oatf,
IN which shall be described such deed, bono,
mortgage judgment or other writing, with ~
much specific certainty "a possible, and which
petition shall be served on the vendor, oDllgort
debtor or party in interest, II resident. u
any absentee, IL shall be set forth In the petit
ttsil and the Judge shall appoint curator
id hee te represent such absentee upon
whom petition and citation shall be served.
SEC. IL. BE IL further enacted, etc, That the
party defendant In such applications shall
have the same delay rs 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
otrlal, and after hearing the evidence shall
render Judgment establishing such deed,
A<..d
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 so established 1t
shall be executory, and shall have the same
force and effect rs the original could have.
SEQ 8. BE u further enacted, etc., That the
oath OF the plaintiff to the allegations OF his
petition shall be 1rirna face evidence u the
existence and contents OF such deed, bond
mortgage judgment or other writing, but
may DO rebutted by the denial under oath oi
the defendant
SEC 6. BE IL further enacted, etc, That the
coats incurred In suits to establish such In
struments shall be paid by the plaintiff where
there il no opposition, but II opposition be
made 1t shall be paid by the party cast
SEo.7 BE q further enacted &C., Ihat 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-
cording OF the original deed. bond. mortgage,
SIC s. Be II further enacted, etc, That In
all cases In which there are costs and Tees due
any clerk, sheriff, recorder, or other othcer,
they shall be collected as II other cases, upon
such officer making up a specific bill verified
by oath.
provisions Of the foregoing act shall not ex.
clIde the establishment OF any judicial record
by parole where the original has been de-
sfroyed by the burning of the courthouse.
SEQ. 10. BE IL further enacted, etc, That GER
titled copies from the record OF any deed
mortgage, judgment or other writing shall
be admissible as evidence, and shall have the
same force and effect as certified copies OF the
SrC. III. Be IL further enacted, ETC., That the
provisions OF this act shall apply to the Judi
ciai records of the Office OF the Justice OF the
peace for the first ward OF the parish ana te
the records Of the police jury.
SEQ II. BE IL further enacted, etc, That oil
aiIidayits required by this act may be the
best of the knowledge and belief OF the party
making them.
act shall take effect from and alter It's pas
JOHN G. MoNCURE,
Speaker Of the House Of Representatives
LOUIS A. WILTI,
Lieutenant Governor and President OF the
Senate.
Approved February 10 1879.
FRANCIS r. NICHOLAS,
Governor OF the State Of Louisiana
true copy:
Secretary Of State.
No, 3d. AN ACT
To amend and re-enact section seven of an
act entitled "An act to incorporate the
town OF Jeannerette, In the parish Of Iberia
fixing its boundaries; providing Tor its