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An Act to amend the Code of Practice. 1839 162 (1839)

handle is hein.slavery/ssactsla0218 and id is 1 raw text is: :162 ized to pay to E. Johns & Co., on the requisition of the Governor, after the delivery of the aforesaid number of copies, the sum of three thousand dollars, out of any -mo- ney in the treasury not otherwise appropriated. Approved, March 20th, 1839. No. 53.-AN ACT to amend the Code of Practice. SECTION 1. Be it enacted by the Senate and Hdrse, of Representatives of the State of Louisiana, in general In what caa. assembly convened, That when the defendant resides out es amicable de. of the state, or when the suit is commenced by arrest or made not n. attachment, an amicable demand shall in no case be ne- cessary. SECT. 2. Be it further enacted, &c., That article Article 235 of two hundred and thirty five of the Code of Practice be so the Code of amended, that the surety therein mentioned, against Practice a_ whom a motion shall have been made, to render him mended. liable for the amount of the judgment given against the debtor, shall be tried summarily, and without the inter- vention of a jury, unless the said surety shall allege un- der oath, that the signature to the bond, purporting to be his, is not genuine, or that the judgment has been satis- fied. SECT. 3. Be it further enacted, &c., That article two Article 259 of hundred and fifty nine of the Code of Practice be so the Code of amended, that in case of attachment, when the defendant Practice a as given his obligation with security, as by said article mended, provided, and fails to satisfy the judgment rendered against him, the plaintiff may. on the return of the she- riff that no property has been found, and on exhibiting to the court said obligation duly transferred to him, obtain Motion a. judgment against the surety on said obligation upon mo- gainst SUrety' ite b tion, after ten days previous notice to said surety, which miuiimarily and motion shall be tried summarily and without the inter- withoutjury. vention of a jury, unless the said surety shall allege un- der oath, that the signature to the bond purporting to be his, is not genuine, or that the judgment has been satis- fied. SECT. 4. Be it further enacted, &c., That arii- Article 240 cle two hundred and forty of said Code be so amended, of the Code of that the words never again to return be stricken out, Practice a. and the word cpermanently be inserted in lieu there- mended. of.

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