The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-11
OFFICIAL.
LAWS OF THE STATE OF LOUISIANA.
BY AUTHORITY.
REGULAR SESSION OF 1850.

No. 92l AN ACT
To amend and re-enact an act entitled "An
act to provide for supplying the loss Of
public records and other papers consumed
by the burning OF the courthouse In the
parish OF Livingston on the night OF the
fourteenth day of October, eighteen hun.
dred and seventy-ive," approved Februa-
ry %. 1877.
SECTION L. Be 1t enacted By the General As
senbtg of the State of Louisiana, That act
No. Ii. approved February %, 1877, be amend
ed and re-enacted to read as follows: THAT
where any original papers appertainng to
suit pending In either Of the district or parish
| courts were destroyed by the burning of the
courthouse In the parish of Livingston on
| the night OF the fourteenth day of October,
eighteen hundred and seventy-tive, said suits,
| together with all the papers, pleadings and
bonds filed therein, may be revived and re-
| instated by either plaintiff or defendant filing
with the clerk O duly certified copy OF the
| original petition, or by motion 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 de-
mand and the cause OF action, and the
date of the filing of the original petition
and service Of citation as near as can
| be ascertained, together with q statement
of the pleadings had In the suit, orders made
| and bonds filed, accompanied by the affidavits
of the parties, or their attorneys, as to the
truth of facts allowed, upon filing which
| motion rule may be taken on the opposite
party to show cause, within ten days from the
service thereof, why said suit, pleadings, or
| ders OF court and bonds should not be rein
stated II answer Is made to said rule, 1t
shall also be accompanied by the affidavit of
| the party, or his attorney, as to the truth Ot
| the facts stated by him, and 1t shall be suffi
cient for either party to swear to the best Of
| his knowledge and belief.
SEC 2. Bet further enacted ETC., That upon
the production of certified copy of any
original judgment, either of the district, parish
or justice 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 no copies
exist. the owner OF said judgment, or his at
torney, may obtain execution thereon, upon
presenting to the clerk Of the court state.
ment, under oath, OF the amount of such judg-
ment or the balance due thereon; pr0aded
that this section shall not be construed to
prevent judg from being established as
other records provided for by this act.
SEC. g. Be 10 further enacted, etc, That
any person, desiring to establish any deed,
bond, mortgage, judgment or other instru-
ment OF writing which was OF record or depos-
tied in any office OF said parish, and which
was DESTROYED by the burning OF the court
house thereof on the night Of the fourteenth
day OF October, eighteen hundred and sew
enty five, may have the same established and
revived by applying to the district or parish
court, by petition, under oath, Id which he
shall describe such deed, bond, mortgage,
Judgment or other instrument of writing
with as much specific certainty as possible,
and which petition shall be served ON the
vendor obligor, debtor or party In interest II
resident; If an absentee 1t shall be set forth
under oath In the petition and the Judge shall
appoint curator dd hoe to represent such
absentee, upon whom petition and citation
shall be served.
SEQ. Z. Be 1t 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 facts as stated In the petit
ton, or deny the same wholly or partially,
whereupon the judge shall proceed to trial,
and after hearing evidence shall render judg-
ment establishing, or not, such deed, bond,
mortgage, Judgment or other instrument OF
writing as the evidence proves to have ex
listed, and no other Issue Ia to be tried, but
The existence or non-existence. OF the docu-
ment sought to be established, and when SO
established 1t shall be exeoutory, and shall
have the same force and effect as the
original could have. Provided, That
any person or persons who. shall be BONG
fde owner or possessor OF any tract OF
land, situated within said parish, for
longer period than ten years, shall make an
affidavit before any Judge clerk OF court, or
the land and the time of his or their possess
sion of the same, as nearly as practicable
attested by the declaration, under oath, OF
two freeholders and residents of said parish
declaring the same acts, which affidavit and
office of the clerk of the district court of said
parish shall have the same force and effect
aud answer In lieu and stead OF the Judgment
contemplated In this section.
SEC. 5. Be ii further enacted etc, That the
oath OF the plaintiff to the allegations of his
petition shall be pr1ma facie evidence OF the
existence and contents Of such deed, bond,
mortgage, judgment or other instrument OF
writing, but may be rebutted by the denial
under oath, of the defendant.
SEC. 6. Be IL further enacted, ETC., That the
costs incurred In suits to establish such In
struments shall be paid by the plaintiff when
there is no opposition; but IL opposition be
made 1t shall be by the party cast.
SEC. 7. Be Il further enacted. etc. That the
recording OF q certified copy of any judgment
In the office of the parish recorder, establish
ing any deed, bond, mortgage, Judgment or
other instrument of writing shall have the
same force and effect as the recording OF the
original Decd bond, mortgage judgment or
other instrument of writing which was de-
stroyed by the said fire.
SEC. 5. Be ID 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 as In other cases, upon
such officer making up specific bill of costs,
certified under oath.
Sec. g. Be 1t further enacted ETC.. That the
provisions OF this act shall not prevent the
establishment OF any Judgment rendered by
parol evidence, where the original record has
been destroyed by the burning OF the court
house of said parish on the fourteenth day Of
October. eighteen hundred and seventy-five.
SEC. TO- Be 1t further enacted. etc. That GER
titled copies from the record OF any deed,
bond, mortgage, or other instrument of wri-
ting shall be admissible as evidence, and shall
have the same force and effect as certified
copies OF the originals.
SEC. IL. Be 1t further enacted ETC., That all
affdavits required by this act may be to the
best Of the knowledge and belief Of the party
making such affidavit.
SEC. IL. Bet further enacted. ETC.. That the
provisions OF this act shall not extend beyond
the first day of January, eighteen hundred
and ninety; provided, that this Limitation
shall not apply to applications pending at
that time and not decided.
r. N. OGDEN,
Speaker OF the House Of Representatives.
s. d. MCEN cry,
Lieutenant Governor and President OF the
Senate.
Approved April 10, 1880.