The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1896-03-28
SECOND CIRCuIT.

SECOND CIRCUIT.
Amite, first Monday in October and
the second Monday in Mae, FOR tfial OF
! appeals for the parishes of Livingstone,
Tangipahoa, st. Tammany, Washington
and st. Helena.
Baton Rouge, third Monday in October,
and the fourth Monday in June, for trial
of appeals from the parishes of East
Baton Rouge. West Bat6h Rouge, East
Feiiuiana, West Feliciana, Pointe Cou-
pee and Iberville.
| Thibodaux, fourth Monday in Novem-
Der, and third Monday in June for the
| trial of appeals from the parishes of st.
Mary. Terrebonne. Assumption and I,a-
fourche.
New Orleans, second Mondays in De-
cenber and March, for trial of appeals
from the parishes of Orleans, St. Bernard,
John the Baptist, st. James and Asccn-
sion.
| Sec. 6. Be it further resolved, etc,
| That article one hundred and one Of the
| Constitution of the State Of Louisiana
be so amended as TO read as follows:
| Article 101. No judgment shall be
rendered by the Courts of Appeal without
the concurrence of two judges. When
ever two members cannot concur, in con-
| sequence of the recusation of any mem.
! Der, or members of the court the Judge
not recused shall have authority to call
| upon any judge or judges of the District
| Court, whose duty it shall be, when so
called upon, to sit in the place of the
judge or judges recused, and to aid in
the determination of the case.
| The Judges of the Courts of Appeal
shall have power to certify to the Supreme
Court any questions or propositions of
law concerning which it desires the in
structions of that court for its proper
decision. And thereupon the Supreme
Court may either give its instructions
on the questions and propositions certi-
fed to it, which shall be binding upon
the Courts of Appeals in such case or it
may require that the whole record and
cause may be sent up to it for its con-
sideration, and therenpon shall decide the
whole matter N controversy in the same
manner, as if it had been on appeal d.
rectly to the Supreme Court.
The Supreme Court may ON the rela-
ton of any party in interest review by
certiorari judgments of the Courts of APP
peal, which may conflict with each other
or with the decision of the Supreme
Court, and anIul. amend or affirm the
same, and thereupon shall decide the
whole matter in controversy in the same
manner, as if it had been on appeal di-
rectIy to the Supreme Court.
Sec. {. Be it further resolved, etc,
That Article one hundred and two of the
Constitution of the State of Louisiana be
so amended as to read as follows:
Article 1O2. All causes on appeal to
the Courts of Appeal shall be tried on
the original record, pleadings and evil
dence in the District Court, with certi-
fed copy of the minutes, the whole to
serve in lien of transcript and to be
! filed as one document.
Immediately after the final decision of
the cause, the original papers, together
with a copy of the decree of the court,
shall be returned to the court of the first
instance.
Sec. s. Be it further resolved, etc,
That Article one hundred and three of the
Constitution of the State of Louisiana be
so amended as to read as follows
Article 103. Until otherwise provided
by law, the rules of practice regulating
\
prcme Court shall apply to apeals to
and proceedings in Courts of Appeal, SO
far as they may be applicable. The de-
cisions of the Courts of Appeal, with
syllabi prepared by the judges, shall be
published, and the General Assembly
shall make provisions for the publication
thereof.
/ Sec. 8. Be it further resolved, ETC..
That article one hundred and FIVE of the
Constitution of the State of Louisiana be
so amended as to read as follows:
Article 1O5. The judges OF the Courts
of Appeal shall each receive a salary OF
four thousand dollars per annum pay
able monthly on their respective war.
rants.
Sec. 10. Be it further resolved, ETC.
That article one hundred and six of the
Constitution of the State of Louisiana be
SO amended as to read SIS follows:
Article 1O6 The Clerks of the District
Courts of the parish in which the sessions
of the Courts of Appeals are held, shall
serve as clerks of the Courts of Appeal
and the clerks of the city of New Orleans
shall remain as now fixed by law until
otherwise provided by the General As
sembly. Their fees shall be fixed by
law. The sheriff of each parish in which
the Court is held shall attend in person
or by deputy to execute the orders of the
court.
All cases appealed to or pending in the
Courts of Appeal as organized under the
Constitution of 1873. before or on the first
Monday in May. 1895, shall be trans,
(. ferred for decision to fhe Court Of Ap-