The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1896-02-15
SECOND CIRCUIT:

SECOND CIRCUIT.
Aiiite, first Monday iii October and
the second Monday in May, for trial of
appeals fer the parishes of Livingstone,
Tangipahoa, st. Tammany, Washington
and st. Helena.
Baton Rouge, third Monday in October,
of appeals from the parishes Of East
Baton Rouge, West Baton Rouge, East
Feliciana, West Feliciana, Pointe Cou-
pee and Iberville.
Thibodaux, fourth Monday in Novem-
Der, and third Monday in Jine, for the
trial of appeals from the parishes of st.
Mary, Tefrebonne, Assumption and La
fonrche.
New Orleans, second Mondays in De-
cembcr and March, for trial of appeals
from the parishes of Orleans, st. Bernard,
Plaquemines, jefferson, st. Charles, st.
John the Baptist, ST. James and Ascen-
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 followsi
Article 1O1. No Judgment shall be
rendered by the Courts of Appeal without
the concurrence of two judges. When
ever two members cannot concur, in coh-
sequence of the recusation of any MEM
Der, or members of the court, the judge
not Reused 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 il
may require that the whole record and
cause may be sent up to it for its con-
sideration, and thereupon 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
certiorar, judgments of the Courts of Ap-
peal, 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
manner, as if it had been on appeal di
rectly to the Supreme Court.
Sec. T. 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 1902 All causes on appeal tc
the Courts of Appeal shall be tried OF
the original record, pleadinSs and evi
dence in the District Court, with certi
fed copy of the minutes, the whole tC
serve in lieu of a transcript and to bt
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 frs
instance.
Sec. 8. Be it further resolved, etc.
Constitution of the State of Louisiana b
SO amended as to read as follows:
Article 103. Until otherwise provided
by law, the rules of practice regulatin;
appeals to and proceedings in the Su
preme Court shall apply to apeals II
and proceedings in Courts of Appeal, 81
far as they may be applicable. The de
cisions of the Courts of Appeal, witt
syllabi prepared by the judges, shall b.
published, and the General Assembl,
shall make provisions for the publication
thereof.
Sec. 0. Be it further resolved, etc.
That article one hundred and FIVE Of tn
Constitution Of the State of Louisiana b
SO amended as to read as follows:
Article 1O5. The judges of the Court
of Appeal shall each receive a salary o
four thousand dollars per annum pay
able monthly on their respective wal
rants.
Sec. TO- Be it further resolved, etc
That article one hundred and six of th
Constitution of the State of Louisiana b
SO amended as to read as follows:
Article 100. The Clerks of the Distric
Courts of the parish in which the session
of the Courts of Appeals are held, shal
serve as clerks of the Courts of Appeal
and the clerks of the city Of New Orlean
shall remain as now fixed by law unit
otherwise provided by the General As
sembly. Their fees shall be fixed b
law. The sheriff of each parish in whic
! the Court is held shall attend in perso
or by deputy to execute the orders of tn
court.
All cases appealed to or pending in til
Courts of Appeal az organized under tn
Constitution Of 1870. before or en- the fiTi
Monday IN May. 1896. shal! be trans
fasssa Cor decision to the Court a9 AZ