1866-150. a party may take a suspensive appeal on filing petition and appeal bond as now provided by law. SEC. 31. In all cases of appeal the judge of the court from which it is taken shall make the appeal returnable to the appellate court at Time of return the next 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 the following term. to be fixed. 1867-339. up appeals. SEC. 32. Upon the return day for appeals from the several parishes as fixed by this act, the Supreme Court shall take them up by preferOrder of taking ence and in their order, and continue, from day to day, until they shall be disposed of; Provided, That when parties to a suit shall, by motion in court or by written consent filed with the clerk, submit their cases in brief, the court may take up and determine the same by preference. Proviso. Cases having preference. SEC. 33. In all cases in which the right to office is involved, and an appeal is taken from the judgment of the District Court, returnable before the Supreme Court holding its sessions in New Orleans, it shall be returnable in ten days after judgment of the lower court; and the Supreme Court, on the motion of either party, shall proceed to try the same by preference. SEC. 34. Persons in confinement, under a judgment of conviction Criminal cases. rendered in a criminal prosecution from which an appeal has been taken, shall have the right to make it returnable before the Supreme Court at its next term, wherever held, and to have it tried by preference. All criminal cases shall be tried by preference over civil cases. SEC. 35. In suits pending on appeal, in which a police jury or Cases where cor- municipal corporation is plaintiff or defendant, it shall be the duty of the Supreme Court, if in session in the district in which the appeal is pending, 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 set the cause for hearing by preference. porations are parties. SEC. 36. No appeal to the Supreme Court shall be dismissed on Irregularities in account of any defect, error, or irregularity of the petition or order the proceedings. of appeal, or in the certificate of the clerk or judge, or in the citation Proceedings of appeal or service thereof, or because the appeal was not made returnable at the next term of the Supreme Court, whenever it shall not appear that such defect, error or irregularity is imputed to the appellant; but in all cases the court shall grant a reasonable time to correct such errors or irregularities, (in case they are not waived by the appellee), and may impose on the appellant such terms and conditions as in their discretion they may deem necessary for the attainment of justice, and may also impose such fines on the officers who shall have caused such irregularities as they may deem proportioned to the offense. SEC. 37. In all cases of appeal to the Supreme Court, or other tribunals in this State, if the judgment appealed from be affirmed, the against surety. plaintiff may, on return of the execution that no property has been found, obtain a decree against the surety on the appeal bond for the amount of the judgment, on motion, after ten days' notice, which motion shall be tried summarily and without the intervention of a jury, unless the surety shall allege, under oath, that the signature to the bond purporting to be his is not genuine, or that the judgment has been satisfied. C. P. SEC. 38. Articles eleven hundred and twenty-nine, eleven hundred 1828-158-21. and thirty, eleven hundred and thirty-six, and so much of article Arts. 1129, 1130, eleven hundred and thirty-five as relates to the statement of facts to 1135 and 1136– be made by a justice of the peace, are repealed. In future, all appeals Appeals from from judgments rendered by justices of the peace shall be tried de justices of the novo, except the parties mutually agree before the justice of the Peace to be tried peace to send up the appeal upon a statement of facts which they Exception. shall make. SEC. 39. Article one thousand one hundred and thirty-eight shall be amended so as to read as follows: de novo. Art. 1138-C. P. judgments. Whenever the appellate court reverses the judgment, it shall ren- 1552-90. der such a one as the justice of the peace should have rendered, and Appellate court. sentence the party failing on the appeal to pay costs; and the to render proper appellate court may, in its discretion, sentence the party appealing to pay not more than ten per cent. as damages on the amount of the judgment appealed from, over and above any interest the judgment may bear, if it shall appear that the appeal was frivolous or taken for delay. Appeal granted Amount of the SEC. 40. In all contested elections, brought before the courts of this State, the party cast shall have the right of appeal to the 1856-9. Supreme Court, as in other civil cases, where it is shown in the in cases of conrecords that the amount of the emoluments of the office in contest tested elections. is over three hundred dollars, on the appellant giving bond and emoluments to security in such sums as the judge of the court which renders the Effect of the judgment shall direct, and that such appeal shall be considered appeal. suspensive in its operation and effect, any law to the contrary notwithstanding. entitle to appeal. goes into effect. of this act shall Contested cases SEC. 41. This act shall have force and effect from and after its When this act passage, and shall apply not only to cases hereafter occurring, but 10 what cases to all cases of contested elections which may be now pending in the this at sha courts of this State, and which may not have ripened into judgments. apply. SEC. 42. All such contested cases shall have preference in the to have prefer Supreme Court over all other cases therein pending, any law to the ence in the Sucontrary notwithstanding. preme Court. Times within SEC. 43. If the appeal has been taken within ten days, not including Sundays, after the judgment has been notified to the 1869-11. party cast in the suit, when such notice is required by law to be Art. 575. C. P. given, it shall stay execution and all further proceedings, until which to appeal. definite judgment be rendered on the appeal; Provided, The appel- Appeal bonds. lant gives his obligation, with good and solvent security, residing within the jurisdiction of the court, in favor of the clerk of the court rendering the judgment, for a sum exceeding by one-half the amount for which the judgment was given, if the same be for a specific sum, as security for the payment of the amount of such judgment, in case the same is affirmed by the court to which the appeal is taken. Appeal bonds, in all cases of appeal, shall be made payable to the clerk of the court which rendered the judgment appealed from, and any appellee interested in the appeal shall have recourse on such appeal bond against the appellant and the securities on the appeal bond, for any liability that may accrue in favor of the appellee on account of such appeal; Provided, That all appeals Proviso. taken subsequent to the twenty-ninth of September, eighteen hundred and sixty-eight, and prior to the passage of this act, in conformity to the provisions of any law in force prior to that date, shall be as valid as if taken conformably to the act to which this is an amendment. 1866-68. Preference to suits in eject. ment. 1869-113. Preference in district courts in cases of expropriation. Preference in SEC. 44. All suits for the expulsion of tenants, brought in pursuance to the provisions of the act entitled "An Act relative to landlords and tenants," approved March 15, 1855, shall at all times be tried by preference in the Supreme Court of this State, any law or laws to the contrary notwithstanding. SEC. 45. Whenever proceedings for the expropriation of land or other property for the use of any corporation or public work shall be stayed by injunction of any court of this State, the suit shall have preference in the District Court over all other cases, except those in which the State is a party, and shall be fixed for trial on motion of either party as soon as issue shall be joined. SEC. 46. In case an appeal shall be taken to the Supreme Court from any judgment or order in such suit, the said appeal shall be Supreme Court. made returnable within fifteen days, and shall be taken up and tried in the Supreme Court by preference over all cases except those in which the State being a party, preference is already given by law. on property expropriated. SEC. 47. Whenever any immovable property which is incumMortgages, etc., bered with mortgages or privileges of any kind, whether conventional, legal or judicial, shall be expropriated by any corporation, the same shall pass to such corporation free and clear of all incumbrances, but the amount decreed to be paid therefor shall be paid by such corporation into the court by which the expropriation shall be made, and shall be a fund to be distributed to the mortgage and privileged creditors according to their priority. 1866-278. Appeals taken since June 1, 1860, and still pending. SEC. 48. All appeals which have been taken since the first day of June, eighteen hundred and sixty, from the District Courts of the State, and which are now pending, and which have not been finally determined on their merits, shall be heard and determined by preference at the places designated by existing laws for the trial of appeals from the respective parishes; Provided, That the records or transcripts of such causes be filed with the clerks of the Supreme Court at the places the appeals are now made returnable, on or before the next return day after the passage of this act. SEC. 49. It shall be the duty of the clerks of the Supreme Court Delivery of re. at New Orleans and Monroe to deliver to the appellants or appellees, cords by clerks their agents or attorneys, on application, and on the payment of all costs that have accrued, the records of all appeals from District Courts from which appeals are now made returnable to other places, taking their receipts for the same. of the Supreme Court. 1869-38. Appeals from parish to dis trict courts tried de novo. ny and original All appeals from the Parish Courts to the District Courts of Louisiana shall be tried de novo. SEC. 50. All the testimony taken in writing in the Parish Court Written testimo- shall be used as evidence in the District Court, and all the original papers evidence papers, with the evidence of every kind which is in writing, with the suit, shall be sent up on the appeal, which shall stand in place of a transcript. in appellate court. Laws relative to from district SEC. 51. The laws relative to suspensive and devolutive appeals certain appeals from judgments in the District Courts shall be applicable to appeals courts applica from judgments in the Parish Courts, and the party appellant shall file the papers in the District Court on or before the first day of the next term of said District Court. ble to appeals from parish courts. 1869-15. Appeals in suits SEC. 52. All suits or legal proceedings instituted to avoid delay intended to ob- or in anywise obstruct the collection of the tax levied under and struct the col- according to the provisions of an act entitled "An Act levying a special tax to provide for the payment of the past due interest on lection of certain taxes. the bonds of the State, outstanding warrants, certificates of indebtedness and convention warrants," approved September 29, 1868, shall be set down on the trial docket of the court in which they may be instituted, in preference to all other business, and the court shall proceed to try the same as soon as the legal delays for service of papers shall expire, and when any such cases shall be appealed, they shall be set for trial in the appellate court as soon as the record is filed, and shall be tried in such appellate court in preference to any or all other cases. sion of the SEC. 53. In all conflicting claims of preference of right to any 1857-192. land granted to the State by acts of Congress, after they shall have Right to appeal been decided by the Register, and after he shall have assessed the from the deci same to the person first locating or settling thereon, the claimant register." aggrieved by the decision shall have the right, within six months Time in which after the decision of the Register, to appeal from the same to the the appeal may District Court of the parish in which the land is situated. be taken. when applica made. uty of the par ty appealing. SEC. 54. As soon as an application for an appeal is made to the Register, it shall be his duty to deliver to the party applying for such Duty of register appeal, a certified transcript or copy of all the proceedings had in tion for appeal his office relative to the conflicting claims, and such party shall is forthwith file the same in the office of the clerk of the parish in which the land is situated, and give security for costs as in ordinary cases, and the matter shall be tried by the court de novo. SEC. 55. As soon as such transcript is filed, together with an accompanying petition, in which the alleged errors of the Register Duty of clerks must be set forth, it shall be the duty of the clerk to issue citation to the other party according to existing laws, and all proceedings had subsequent thereto, shall be the same as in ordinary cases. of courts. Appeals to the SEC. 56. In all appeals taken before the District Court, the parties Appeals may be shall be entitled to trial by jury as in other cases; and, from judg- tried by jury. ment rendered by said District Court, they shall have the right to Supreme Court appeal to the Supreme Court, upon strict compliance with existing granted, etc. laws on the subject. SEC. 57. As soon as a final judgment shall have been rendered judgment has by the District or Supreme Court, upon. appeal, it shall be the duty Duty of the of the clerk of the said District Court to forward a certified copy of clerk after final said judgment to the Register, and the same shall be filed in the been rendered. office of such Register, and when so returned and filed it shall be final and conclusive between the parties. cases of appeal courts. SEC. 58. In all cases wherein any person or persons may appeal 1981-139. from the decision of any of the justices of the peace of the parish Deposit of $10 of Orleans, the said person or persons so appealing shall, at the tabe made in time of filing the appeal in the Third District Court of New Orleans, from just.ces' deposit the sum of ten dollars, as costs of the clerk of said court. SEC. 59. Should the costs in the case so appealed amount to more than the sum so deposited, the said appellant or appellants shall be liable to said clerk for the difference, and in the event of the costs of appeal in any case not amounting to the said sum of ten dollars, the said clerk shall be liable to refund to the person making the deposit the balance of said sum. Clerk and appeldifference be and actual costs. lant liable for tween deposits SEC. 60. In the Second Judicial District Court for the parish of Jefferson, no execution shall issue in cases where an appeal lies until 1388-59. ten days, not including Sundays, after the judgment has been noti- Appeals in the fied to the party cast in the suit, or until ten days, not including son. Sundays, after the signing of the judgment where no other notice parish of Jeffer 1068-199. is necessary, within which delay a party may take a suspensive appeal on filing petition and appeal bonds, as provided by law. SEC. 61. Appeals to the Supreme Court may be taken from any of the actions provided for in the foregoing sections, the same as in Appeals under other cases. But all such cases shall take preference when they the intrusion 1858-65. Supreme Court come before the Supreme Court over all other cases in the order of trial, and shall be made returnable to the Supreme Court, either in New Orleans or at one of its sessions in the country, on motion of either of the parties. SEC. 62. From and after the passage of this act, judgments Judgment ren- rendered by the Supreme Court at New Orleans shall be final, and dered by the the clerk shall deliver a copy to every person requiring it, after six in New Orleans judicial days shall have elapsed from the rendering of the judgment, to be final after and the parties shall have a right, at any time within said delay, to judicial days. apply for a rehearing according to existing laws. the lapse of six 1826-172-13. Arts. 652 and SEC. 63. Articles six hundred and fifty-two and six hundred and fifty-three shall be so amended that, unless the application for the appraisement of the property be made before the day of sale, it Appraisement to shall in no case have effect to prevent the sale on the day fixed by the day of sale. the advertisement. be made before 1828-154-10. SEC. 64. Two days' notice given to the plaintiff and defendant by Art. 671-C. P. the sheriff, to appoint men to value property under execution, shall be sufficient, any law to the contrary notwithstanding. Notice of appraisemont. 1847-55-2. Art. 673-C. P. Oath of appraisers. 1847-55-3. Art. 770-C. P. Oath, by whom administered. SEC. 65. Article six hundred and seventy-three shall read as follows: "The appraisers thus named shall, before proceeding to make an appraisement, take an oath before the sheriff of the parish, or before a judge or a justice of the peace, to make a just and true appraisement of the property seized, whether for cash or for the time of credit designated by the parties, as provided above." SEC. 66. Article seven hundred and seventy shall read as follows: "When the sheriff causes property to be appraised, which has been seized or distrained by him, the sheriff, or any judge or justice |