The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1896-01-18

peals OF the Second circuit.
BE it further res lived. &c. That Ar
ticle ninety-oiCht or the Constitution Of
the State O! Louisiana be SO amended AS
to Rad as fol ows:
Article 9S The JUDGES of the Court Of
Appeals shall held two annual terms OF
court at such places in the circuit az may
be fixed by law for the return Of appeals.
Sec. 5. Be IT further resolved. etc. That
Article ninety-nire of the Constitution
of the State of Louisiana be so amend
ed as to read as follows:
Article 30. Until otherwise provided by
law, the terms of the Court OF Appeals
shall be held as follows:
FIRST CIRCUIT.
At Monroe first Mondays in May and
January--For trial of appeals from the
parishes OF Ouachita. Richland. Frank
lin, Catahoula. Concordia, Tensas, Madi-
son, East Carroll, West Carroll. More
house. Union and Jackson.
At Shreveport first Mondays in June
and February--For trial of appeals from
the parishes of Caddo. Bossier. Webster.
Bienville, Claiborne, Lincoln. Sabine. DE
Soto and Red River.
At Alexandria first Mondays in October
and March--For trial of appeals from the
parishes of Caldwell, VIM. Grant. Rap
ides, Vernon, Natchitoches and Avoy-
Giles.
At Opelousas first Mondays in Novem-
Der and April--For trial of appeals from
the parishes of St Landry. Calcasieu,
Cameron, Vermillion. Lafayette. Aca-
dia, Iberia and st. Martin.
SECOND CIRCUIT.
At Amite, first Monday In October, and
the second Monday in Mayor trial OF
appeals from the parishes OF Livingston,
Tangipahoa, st. Tammany, Washington
and st. Helena.
At Baton Rouge third Monday in Oc-
tober and fourth Monday in June-For
trial of appeals from the parishes OF East
Baton Rouge, West Baton Rouge, East
FeIiciana. West Feliciana, Pointe Cou-
pee and Iberville.
At Thibodaux fourth Monday in Novem-
Der and third Monday in June-For the
trial of appeals from the parishes OF 81
Mary, Terrebonne. Assumption and La
fourche.
At New Orleans second Mondays In De-
-cember and March-For trial of appeals
from the parishes of Orleans, ST. Ber-
nard, Plaquemines. Jefferson. st. Charles,
St John the Baptist, St. James and As
cension.
Sec. G. Be it further resolved etc. That
Article one hundred and one of the Con-
stitution of the State of Louisina be so
amended as to read as follows:
Article 1Ol: No judgment shall be rem
-dered by the Courts of Appeal without
the concurrence of two judges. When
ever two members cannot concur. in con-
sc 1uence 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 1t 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 Su-
preme Court any questions or PROPOSE
tions of law concerning which II desires
the instructions of that court for its
proper decision. And thereupon the Su-
preme Court may either give its instruc-
tons on the questions and propositions
certified to II, which shall be binding upon
the Courts of Appeal in such case
or II may require that the whole record
and cause may be sent up to II for It's
consideration, and thereupon shall de-
eide the whole matter In controversy
in the same manner as II 1t had been on
appeal directly to the Supreme Court.
The Supreme Court may on the relation
of any party in interest review by GER
neal. which may conflict with each other
or with the decision of the Supreme Court
and annul, amend or affirm the same.
and thereupon shall decide the whole
matter in controversy In the same man.
ner as IL II had been on appeal directly
to the Supreme Court.
Sec. T. Be IL further resolved, etc. That
article one hundred and two of the Con-
stitution of the State of Louisiana be 30
amended as to read as follows:
Article lO2: All causes on appeal to the
Courts Of Appeal shall be tried on the
original record. pleading and evidence
in the District Court. with a certified copy
of the minutes, the whole to serve In lieu
of a 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 he returned to the court OF the
first instance.
See S. BE 1t 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 1903. Until otherwise provided by
law. the rules of practice regulating ap-
peals to and proceedings In the Supreme
Court shall apply to appeals to ana pro-
ceedings in Courts Of Appeal. so far as
they may be applicable. The decisions OF
the Courts of Appeal. with syllabt pre-.
pared by the judges. shall be published
and the General Assembly shall make
provisions for the publication thereof
Sec. Q. Be 1t further resolved. etc. Tha'
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 Court:
of Appeal shall each receive a salary o.