JUDICIARY DEPARTMENT. Time of holding SUPREME COURT Sec. 1894 to 1901 were repealed by Act of 1870, Ex. S., p. 99, No. 45, which itself is, in this respect, superseded by the following: Act 1880, p. 13, No. 5. SEC. 1. The supreme court shall hold its sessions in the city of New Orsessions in New leans from the first Monday in the month of November to the end of the Orleans, month of May in each and every year. Time of holding sessions in Monroe. Appeals from certain parish es, when return able at Monroe. Time of holding sessions at Opelousas. Appeals from certain parish SEC. 2. The supreme court shall hold sessions in the city of Monroe, to commence on the first Monday in June in each and every year. SEC. 3. All appeals returnable by law to the supreme court from the parishes of Caldwell, Catahoula, Richland, Morehouse and West Carroll shall be made returnable to said court at Monroe on the first Monday in June; and all appeals from the parishes of Winn, Claiborne, Union, Lincoln, Jackson, Ouachita and Franklin shall be made returnable to the supreme court at said city of Monroe on the second Monday in June. SEC. 4. The supreme court shall hold sessions in the town of Opelousas, to commence on the first Monday in the month of July in each and every year. SEC. 5. All appeals returnable by law to the supreme court from the es, when return parishes of St. Landry, Calcasieu, Camerou, Vermilion, Lafayette, Iberia, able at Opelou St. Mary and St. Martin shall be made returnable to the supreme court at Time of holding Opelousas on the first Monday in the month of July. sas. sessions at Shreveport. Appeals from certain parishes, when returnable at Shreve SEC. 6. The supreme court shall hold sessions in the city of Shreveport, to commence on the second Monday in October annually. SEC. 7. All appeals returnable by law to the supreme court from the parishes of Caddo, Bossier, Webster, Bienville, DeSoto shall be made returnable to the supreme court at the city of Shreveport on the second Monday in October annually. SEC. 8. All appeals which may be granted to said court before the passage of this act shall in no manner be prejudiced by the change in the return day. SEC. 9. All appeals to the supreme court from the parishes of Caddo. Bossier, Webster, Bienville and DeSoto, which may be pending in the supreme court of the State on the first Monday of April, A. D. 1880, shall be at once transferred to said court at the city of Shreveport, for trial and decision according to law. SEC. 10. The returns from the appeals from all other parishes not herein mentioned shall remain as established by existing laws. Con. 1879, art. 84. SEC. 1902. (Time of return to be fixed.) See D. 31. C. P. 583. SEC. 1903. (Appeals from country parishes to have preference.), Act 1867, p. 339; Act 1870, Ex. S., p. 99, No. 45. Sec. 1905 to 1909 are superseded by the following sections of Act 1870, Ex. S., p. 99, No. 45: SEC. 4. In all cases of appeal the judge of the court from which it is taken shall make the appeal returnable to the supreme court at the next Return day. return day for appeals from the parish, if there shall be time enough after granting it to give the notice required by law and to prepare the record; if not, then he shall fix the return day for some day within the next term af ter the appeal is granted, allowing sufficient time to give the citation required by law and to prepare the record, if sufficient time within the term shall remain; if not, then he shall fix the return day for the following term. If the supreme court shall not be in session on the day fixed for the return day of any case, it shall be sufficient for the appellant to file the record within three judicial days at the first session of the supreme court thereafter. Order of hear SEC. 5. Upon the return day for appeals from the several parishes, as fixed by law, the supreme court shall take them up in their order, except as ing. hereinafter provided, and dispose of the same. SEC. 6. During the time fixed by law for the trial of appeals from the SEC. 8. Appeals in all criminal cases may be made returnable within ten days, and the appellant shall have the right to make it returnable before the supreme court at (is) [its] next term, wherever held, and all appeals in criminal cases shall be tried by preference over civil cases. SEC. 9. In suits pending on appeal, in which a police jury or municipal corporation is plaintiff or defendant, it shall be the duty of the supreme coutr, on the affidavit of the attorney representing the police jury or corporation, that the case is one of serious public interest, and in which a speedy decision is desirable, to have the case called and set for hearing by prefer ence. Criminal cases. Municipalities.. SEC. 10. The supreme court shall have full power to establish and enforce such rules, not inconsistent with law, as may be necessary to secure the reg- Rules of court. ular and expeditious disposition of its business, and the preparation of proper and correct transcripts of appeal. To prevent the accumulation of cases on the docket the supreme court may, during the latter portion of the annnal session at New Orleans, hear and take under advisement (in addition to cases it can decide from week to week) such number of cases as the judges of the court may be able to examine during the vacation, and render opinions therein at the opening of the following session, and may require such cases to be submitted on briefs. Vacation. missal. SEC. 11. No appeal of the supreme court shall be dismissed on account of any defect, error or irregularity of the petition, citation or order of appeal, Defects-disor in the certificate of the clerk or judge, or in the citation of appeal or service thereof, or because the appeal was not made returnable at the next term of the supreme court, or on a proper day, whenever it shall not appear that such defect, error or irregularity may be imputed to the appellant or his attorney; but in all cases the court shall grant a reasonable time to correct such defects, errors or irregularities in case they are not waived by the appellee, and may impose on the appellant such terms and conditions as in its discretion it may deem necessary for the attainment of justice. SEC. 12. In all cases of appeal to the supreme court or other tribunals in this State, if the judgment appealed from be affirmed, the party in whose favor it is rendered may, on return of execution in the lower court that no property has been found, or not enough to satisfy the judgment and execution, after due demand on both parties, or their attorneys or legal representatives, obtain a decree against the surety on the appeal bond or his legal representatives for the amount of the judgment or any unsatisfied balance thereof, on motion, after ten days' notice, which motion shall be tried summarily and without the intervention of a jury, unless the surety or his legal representative shall allege, under oath, that the signature to the bond, purporting to be that of the surety, is not genuine, or that judgment has been satisfied. Suretiesaffirmance. SEC. 13. The supreme court may be adjourned from day to day by one or Adjournments. more of its judges until a quorum be convened; and if neither the judges be present on the day fixed by law for the commencement of the term, the clerk may adjourn it in like manner for ten days. SEC. 14. The rules adopted by the supreme court shall be entered in the Rules entered. minutes of the court, and a copy thereof posted in the clerk's office and one in the courtroom. Transfer of causes from the under the con to the supreme court under that of 1869. SEC. 1910. All causes pending in the supreme court, organized under the constitution of eighteen hundred and sixty-four or any previous supreme court constitution of this State, together with all the proceedings of every stitution of 1864 kind pending therein, with all the records, books, papers, furniture and whatever appertained to said court, be and the same are hereby transferred to the supreme court organized under the constitution of eighteen hundred and sixty-eight; and said supreme court shall have full power and jurisdiction over the same; to hear and determine the undecided cases, or to make any decision, rule or order in any cause so transferred, that could have been legally made by the supreme court organized under any constitution previous to that of eighteen hundred and sixty-eight; and no suit or cause shall abate on account of the transfer hereby made. Parties litigant supreme court Act 1868, p. 20. SEC. 1911. (Appeals in cases under eligibility to office bill.) See SEC. 1912. Whenever the supreme court of this State shall, for any when before the cause, fail to render a decision in any case pending before that court, shall have right at the term during which such case was argued, it shall be lawful for to fix their cases for a subse- either party in such case to have said case fixed for reargument, orally or by brief, at the next succeeding term of said court; provided, the motion for such reargument be filed with the clerk on or before the first day of such succeeding term. quent term of the supreme court. Provided. Summary docket. D. sec. 1915; Act 1861, p. 94. SEC. 1913. (Appeals granted in cases of contested elections. Amount of the emoluments to entitle to appeal. Effect of the appeal.) See D. 1431. D. sec. 40; Act 1856, p. 9. SEC. 1914. (Appeals heard by preference.) See D. 48. Act 1866, p. 278. SEC. 1915. The supreme court of the State of Louisiana shall have a docket, to be called the summary docket, on which the clerk of the said court shall enter, in the order in which they are filed, all cases involving the distribution of money or effects in the hands of execu tors, or other representatives of successions, funds or effects in the hands of a sheriff, or other public officer, received in his official ca pacity, or amounts retained out of the price bid by a purchaser at sheriff's sales; also cases involving the validity of wills, or cases in which parties as heirs claim to be put in possession of property, money or effects belonging to any succession; also funds or effects in the hands of syndics of insolvents or receivers appointed by order of court; also funds and effects in the hands of a garnishee or a depositary against the same, and in all cases where the constitutionality or legality or any State, parish or municipal tax is called in question, or in which the collection of any such tax is delayed or obstructed by any legal process. (As reënacted by Act 1872, p. 122, No. 70.) C. P. 879; D. sec. 1912; Act 1869, p. 53; Act 1876, No. 17, p. 36; Act 1870, Ex. S., p. 99, No. 45, sec. 5; Act 1870, p. 103, No. 73; Act 1880, p. 21, No. 15, p. 29, No. 28; Act 1877, Ex. S., p. 218, No. 142. SEC. 1916. (Suits instituted to obstruct or delay collection of certain taxes, to have preference.) See D. 3351. D. sec. 52; Act 1869, p. 15. SEC. 1917. (Preference in district courts.) See D. 708. SEC. 1918. (Preference in supreme court.) See D. 709. D. sec. 1490. SEC. 1919. (Mortgages, etc., on property expropriated.) See D. 710. D. sec. 1491, 2395. SEC. 1920. (Preference to suits in ejectment.) See D. 2163. D. sec. 44; Act 1866, p. 63. SEC. 1921. (Amendment. Appeal bonds.) See D. 43. C. P. 575; D. sec. 567; Act 1869, p. 11. SEC. 1922. (Judge in appellate court, when to recuse himself.) See D. 3193. Act 1860, p. 28. CLERKS OF THE SUPREME COURT. SEC. 1923. (Clerks of the supreme court to give bond.) See D. 460. D. sec. 367; Act 1855, p. 54. SEC. 1924. SEC. 1925. See D. 49. (How tried for malfeasance.) See D. 461. (Delivery of records by clerks of the supreme court.) Act 1866, p. 278. SEC. 1926. (Judgment rendered by supreme court in New Orleans, when final.) See D. 62. Act 1858, p. 65. DISTRICT COURTS. SEC. 1927. (Judicial districts.) Repealed. Con. 1879, art. 108; Act 1882, p. 93, No. 71; p. 111, No. 89. SEC. 1928. The district judges shall hold in the several parishes Sessions to be in their respective districts as many terms in each year as may be fixed by law. held in each parish. First term of district courts outside parish of Orleans. when and how fixed. Subsequent terms, how and by whom fixed; notice how giv. en. SEC. 1929. (Terms of court.) Repealed. Act 1880, p. 14, No. 7. SEC. 1. The first term of each of the twenty-six judicial district courts. shall begin on the first Monday in April, one thousand eight hundred and eighty, in that parish of each respective district which is named first in article one hundred and eight of the constitution. SEC. 2. The district judge of each district shall, by order in open court, fix the subsequent terms of the court, and shall cause the order to be entered on the minutes, and a copy thereof shall be sent to the clerk of the district court in each parish, and shall be by him recorded in the minute book of the court, and shall be posted on the door of the courthouse; but Jury term par in the parish of Camerou, in the fourteenth judicial district, the jury term, ish of Cameron, as provided for in article on hnndred and seventeen of the constitution of one thousand eight hundred and seventy-nine, shall be held in July of each year, and the civil term therein provided for shall be held in December of each year. when fixed. In districts composed of one parish at least six terms to be fixed by the judge; other districts judge to fix at least four terms of court; parish of Cameron to have two terms of court. Terms not to interfere with terns of the SEC. 3. In each district composed of only one parish (the parish of Orleans excepted) the district judge shall fix at least six terms of court in such parish of each calendar year, which shall begin on days at least six weeks apart; and in each of the other districts the district judge shall fix at least four terms of court in each parish (except in the parish of Cameron, in which parish there shall be fixed not less than two terms of court) for each calendar year, which in each district composed of two parishes shall begin on days at least four weeks apart, and in districts composed of three or more parishes shall begin on days at least three weeks apart. SEC. 4. Each district judge shall fix the terms of the court in such mansupreme or cir. ner that no term thereof in any parish shall conflict with any term of either the supreme court or circuit court in the same parish as now fixed. cuit court in the same parish. First term and term of court to be a jury term. each alternate Proviso. ized to hold adjourned or special terms. SEC. 5. The first term of the district court in each parish. and each alternate term therein, shall be a jury term, at which grand and petit juries shall be drawn, summoned and empanneled in the manner provided by law on that subject; provided, that the district judges of the several districts may provide for other jury terms in any parish when in their discretion it may be required. SEC. 1930. (Salary of judges.) Repealed. Con. 1879, arts. 109, 130. SEC. 1931. Judges of the several district courts are authorized to Judges author hold adjourned or special terms of their respective courts whenever they may find it necessary, at which terms all business, civil or criminal, may be transacted, as if it were a regular term; and if necessary they shall order the sheriff to summon a jury to attend the court. Act 1855, p. 491. SEC. 1932. Whenever a special term of the court shall be ordered Mode of order. the judge ordering the same shall notify the clerk of the court, and ing special he shall give notice thereof by publication in one or more newspapers term and of summoning published in the parish where the court is to be held, if there be one, jury. and by notice posted on the door of the courthouse at least thirty days before the commencement of the term. Whenever there are jury |