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 of 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 amended by Act 70, 1872, 122).

Act 17, 1876, p. 36.

AN ACT to regulate the trial of appeals in the Supreme Court of the State of Louisiana.

SECTION 1. That the Supreme Court of the State of Louisiana shall have a docket to be called the summary docket on which the clerk of said court shall enter in the order in which they are filed:

1. All appeals in criminal cases, and all civil cases where the State is a party through its authorized counsel.

2. All cases in which the constitutionality or legality of any State. parish or municipal tax is in question, or its collection delayed or obstructed by legal process.

3. All cases in which the right to public office is involved.

4. All cases involving the distribution of money or other property in the hands of executors, or other representatives of successions, or in the hands of sheriffs, or other public officers, or of receivers, or garnishees.

5. All cases involving the validity of wills, or cases in which parties as heirs claim to be put in possession of property, money or effects of a succession.

6. All cases for the expulsion of tenants under the act relative to "landlords and tenants," approved March 15, 1855; from judgments for the payment of alimony; and from judgments upon awards of arbitrators, amicable compounders, or referees; and from judgments against sureties upon judicial bonds and injunction cases.

Act 22, 1878, p. 45.

AN ACT to further regulate the trial of appeals in the Supreme Court of the State of Louisiana.

SECTION 1. That any cases in which payment is sought of any bill, note, or other written unconditional obligation to pay money, shall be tried in the summary docket of the Supreme Court, and be called and tried as other summary

cases.

Act 15, 1880, p. 21.

AN ACT to further regulate the trial of appeals in the supreme Court of the State of Louisiana.

SECTION 1. That all cases for divorce or separation from bed and board, all cases for the recovery of wages, salary or compensation for personal or professional services, shall be tried on the summary docket of the Supreme Court, and be called and tried as other summary cases.

1916. Preference for Cases Involving Collection of Certain Taxes. All snits or legal proceedings instituted to avoid delay or in anywise obstruct the collection of the tax levied under and according to the provisions of an act entitled An Act levying a speeial tax to provide for the payment of the past due interest on 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 prefer. ance 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.

1917 to 1919. Expropriation cases. Preference in District Courts. Preference in Supreme Court. Mortgages on immovable property expropriated. See Secs. 1489 to 1491.

1920. Ejectment suits to have preference. See Sec. 2163. 1921. Time within which to appeal suspensively. Requisites of How surety may be tested out of term time. See C. P., Art 575, as amended by Act 45, 1890, p. 38.

bond.

1922. Recusation of Judges of Appellate Court.-Whenever, in any case before the Supreme Court, or any other court having appellate jurisdiction, the judgment appealed from shall have been rendered, in the first instance, by any judge of the said appellate court, at a time when he was a judge of the court of original jurisdiction, it shall be the duty of said judge ex-officio to recuse himself, without it being necessary that a motion be made to that effect by any of the parties.

TRIAL OF ORDINARY CASES.

Act 28, 1880, p. 29.

AN ACT to facilitate the trial of causes on the ordinary docket of the Supreme Court of the State of Louisiana.

SECTION 1. That in fixing causes for trial, the Supreme Court of the State of Louisiana shall assign at least one-half the number from the ordinary docket; provided, all cases in which the State is plaintiff shall have preference.

SEC. 2. That all laws or parts of laws in conflict with this act are hereby repealed.

AUTHORITY TO REGULATE TRIALS.

Act 70, 1884, p. 93.

AN ACT relative to the trial of causes before the Supreme Court.

SECTION 1. That the Supreme Court is authorized to regulate the trial of causes before it and to change existing rules, as in their opinion, may be deemed advisable for a better administration of justice.

C. P., Art 911, as amended by Act 18, 1879, application for rehearing.

CLERKS OF THE SUPREME COURT.

1923. Appointment of, and Bond.-There shall be a clerk of the Supreme Court at the city of New Orleans, and one at each other place at which it may sit. They shall be appointed by the Supreme Court, and shall give bond and security as follows: The one at New Orleans, in the sum of ten thousand dollars, and the others in the

sum of five thousand dollars each, conditioned for the faithful discharge of their duties. The bonds shall be accepted and approved by the Supreme Court.

For fees see title "Costs and Fees," at p. 163.

Outlay for printing briefs can not be taxed as costs. Cline vs. Crescent City R. R. Co., 42 An. 35.

Act 3, 1894-Original of testimony taken by stenographer to go to Supreme Court, printed at p. 487.

1924. How Tried for Malfeasance.-Whenever any complaint shall be made against a clerk of the Supreme Court, it shall be the duty of the court to appoint a day for hearing the evidence, when the court shall give such judgment as may be proper, and in the meantime the court may suspend the clerk and appoint another pro tempore, when the nature of the charges in their opinion authorize the measure.

1925. Delivery of Records in Certain Cases.-It shall be the duty of the clerks of the Supreme Court at New Orleans and Monroe to deliver to the appellants or appellees, 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 (Act 147, 1866, 278).

1926. Judgments of Supreme Court, when final, right to apply for rehearing within the time. See C. P., Art. 911, as amended by Act 18, 1879, p. 33.

MAY ADMINISTER OATHS, ETC.

Act 139, 1896, p. 218.

AN ACT authorizing the Clerk of the Supreme Court of the State and his deputies to administer oaths and take acknowledgments.

That from and after the passage of this act, oaths and acknowledgments, in all cases, may be taken or made by or before the clerk of the Supreme Court of the State and his deputies.

COURTS OF APPEAL.

EXCLUDING THE PARISH OF ORLEANS.

Const., Arts. 95 to 106.

Arts. 95, 101 amended, 1884, Act 125, 1882, p. 175.

TERM OF OFFICE.

Act 16, 1880, p. 21.

AN ACT establishing the term of office of judges of the courts of appeal after the expiration of the term of office fixed by the Constitution.

SECTION 1. That the judges of the courts of appeal throughout the State, to be hereafter elected after the expiration of the first term of office established by the Constitution, shall hold their office each for the term of eight years.

SEC. 2. That all laws or parts of laws in conflict with the provisions of this act, be and the same are hereby repealed.

VACANCIES IN OFFICE.

Act 2, 1884, p. 10.

AN ACT to provide for the filling of vacancies in the office of Judge of the Courts of Appeal.

SECTION 1. That whenever a vacancy shall occur by death, resignation, removal from office, or removal from the circuit, of any of the Judges of the Courts of Appeal, the same shall be filled for the unexpired term of such judge, by election in joint session of the General Assembly.

SEC. 2. That whenever the said vacancy shall happen during the recess of the General Assembly, the Governor shall have power to fill the same by granting a commission, to expire at the end of the ensuing session.

SEC. 3. That all laws in conflict with this act be and the same are hereby repealed.

TERMS OF COURT.

AN ACT to fix the terms of court for the Circuit Courts of Appeal.

SECTION 1. That the terms of Circuit Courts of Appeals shall be as follows:

First Circuit-Const., Art. 99, Act 122, 1886, p. 219.

Caddo, first Mondays in January and June.
Bossier, third Mondays in January and June.
Webster, first Mondays in February and July.
Bienville, second Mondays in February and July.
Claiborne, third Mondays in February and July.
Union, first Mondays in March and October.
Lincoln, second Mondays in March and October.
Jackson, third Mondays in March and October.
Caldwell, fourth Mondays in March and October.
Union, first Mondays in April and November.

Natchitoches, second Mondays in April and November.
Sabine, fourth Mondays in April and November.
De Soto, first Mondays in May and December.

Red River, third Mondays in May and December.

Second Circuit-Act 87, 1896, p. 120.

Ouachita, second Monday in January and third Monday in May. Richmond, fourth Monday in January and first Monday in June. Franklin, second Monday in February and second Monday in June. Catahoula, third Monday in February and third Monday in June. Concordia, fourth Monday in February and fourth Monday in September. Tensas, second Mondays in March and October.

Madison, fourth Mondays in March and October.

East Carroll, second Mondays in April and November.
West Carroll, fourth Mondays in April and November.
Morehouse, first Mondays in May and December.

Third Circuit-Act 122, 1886, p. 220.

St. Landry, first Tuesdays of January and June.
Avoyelles, third Tuesdays of January and June.
Rapides, first Tuesdays of February and July.
Cameron, third Tuesdays of February and July.

Calcasieu, first Tuesday of March and second Tuesday of October.
Vermilion, third Tuesday of March and fourth Tuesday of October.
Lafayette, fourth Tuesday of March and first Tuesday of November.
Iberia, Second Tuesday of April and second Tuesday of November.
St. Martin, fourth Tuesday of April and fourth Tuesday of November.
Grant, first Tuesdays of May and December.

Vernon, third Tuesdays of May and December.

Act 112, 1888, p. 176.

Acadia, third Mondays of May and December.

Fourth Circuit-Act 122, 1886. p. 220.

East Baton Rouge, first Mondays in January and June.

West Baton Rouge, fourth Mondays in January and June.

Livingston, first Monday in February and fourth Monday in May.
Tangipahoa, second Mondays in February and July.

St. Tammany, fourth Monday in February and first Monday in July.
Washington, first Mondays in March and October,

St. Helena, second Mondays in March and October.
East Feliciana, fourth Mondays in March and October.
West Feliciana, second Mondays in April and November.
Pointe Coupée, fourth Mondays in April and November.
Iberville, second Mondays in May and December.

Fifth Circuit:

St. Mary, first Mondays in January and May.
Terrebonne, third Mondays in January and May.
Assumption, first Mondays in February and June.
Lafourche, third Mondays in February and June.
St. Charles, first Mondays in March and October.
St. Bernard, second Mondays in March and October.
Plaquemines, third Mondays in March and October.
St. John the Baptist, fourth Mondays in March and October.
St. James, first Mondays in April and November.
Ascension, second Mondays in April and November.
Jefferson, fourth Mondays in April and November.

RECUSED CASES.

Act 10, 1880, p. 17.

AN ACT to provide for the trial of recused cases in courts of appeal.

SECTION 1. That any judge of the court of appeals, elected under the Constitution of the State, adopted and ratified in 1879, or who may hereafter be elected. shall be recused in cases before his court of any of the following causes:

1. His being interested in the cause; provided, that in all causes in which the State, the parishes, or political or religious corporations are interested, it shall not be sufficient cause to recuse the judge to allege that he is a citizen or inhabitant of the State, or of the parishes, or a member of the said political corporations, or that he pays any State, parish or city tax.

2. His being related to one of the parties within the fourth degree. 3. His having been employed or consulted as advocate in the cause.

4. His being the father-in-law, son-in-law, or brother-in-law of one of the parties.

5. His having performed any judicial act in the cause in any other court. SEC. 2. That for the trial and determination of all causes where the following causes of recusation exist, the judge or judges shall appoint as follows:

1. In cases where one of the judges shall be recused for any cause, there being no cause of recusation of the other, the one not recused shall appoint a lawyer having the qualifications of a judge of the court of appeals, or a district judge of his circuit against whom no cause of recusation exists, who shall act with himself.

2. In cases where both judges shall be recused for any cause, they shall appoint each a judge of the district court of their circuit, who shall act together.

SEC. 3. That the lawyer or judge or judges appointed under the provisions of this act shall, in the trial of the cause for which he or they may be appointed, have and exercise the same powers that may be exercised by any judge of the court of appeals, and all orders and decrees rendered by them, or either of them, shall have the same force and effect as orders and decrees rendered by a judge of the court of appeals, where no cause of recusation exists.

SEC. 4. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

See Sec. 1922.