Skip to Main Content

Louisiana's Justice of the Peace: 1960

Laws and History

1960

page 461

ACT No. 216 AN ACT To amend and re-enact Section 373 of Title 32 of the Louisiana Revised Statutes of 1950, as amended, relative to the reporting of violations of traffic regulations and to provide for the addition of a fee of two dollars and fifty cents to be added to each fine and providing the use to be made of such fee; to amend and re-enact Section 379 of Title 32 of the Louisiana Revised Statutes of 1950, as amended, relative to reporting certain collisions happening within the state and providing a penalty for failing to make timely report, and to amend and reenact Section 1308 of Title 40 of the Louisiana Revised Statutes of 1950, as amended, relative to plan of organization, operations and practice instructions of the Department of Public Safety and adding thereto a new Subsection authorizing the Director of Public Safety to establish a Central Records Bureau.

Approved: June 29, 1960

page 113

Act No. 32 AN ACT To implement the adoption of the Louisiana Code of Civil Procedure by amending Title 13 of the Louisiana Revised Statutes of 1950 so as to: (1) Amend and re-enact Sections 752, 841, 910, 1213, 3271- 3276, 3471-3473, 3661, 3721-3723, 3874, 3879, 4101, 4103, 4106, 4283-4285, 4344-4346, 4406, 4522, 4529, and 4817 thereof; (2) Repeal Sections 4, 101, 901-909, 911, 912, 2584, 2621, 3234-3236, 3238, 3277-3279, 3331-3347, 3349, 3381-3386, 3411- 3414, 3484, 3541-3543, 3601, 3662-3664, 3670, 3741-3794, 3851- 3862, 3875, 3911, 3912, 3941-3944, 3952, 3954, 4001, 4031-4033, 4062-4071, 4102, 4108, 4158, 4202, 4212-4214, 4231-4246, 4261- 4264, 4311-4315, 4342, 4352, 4401-4404, 4437, 4437.1, 4443, 4444, 4448, 4452, 4524-4528, 4571-4580, 4611, 4612, 4811-4816, 4911-4926, 4971-4984, 4991, 5061-5064, and 5151 thereof, and all other laws in conflict or inconsistent herewith; (3) Repeal Chapter 7, "City and Municipal Courts", of Title 13 and Sections 1870 through 2483.17 thereof, and adopt, enact, and substitute a new Chapter 7, "City Courts", and seventy- six new sections therein, numbered as Sections 1871 through 1902, 1951, 1952, 2001 through 2010, 2071 through 2089, and 2151 through 2162, of Title 13, so as to recognize and continue the existence, territorial jurisdiction, composition, and organization of these courts as heretofore established by law, to increase the jurisdiction thereof to the full extent permitted by the Constitution, and to make more uniform the procedure therein; (4) Repeal Chapter 9, "Justices of the Peace", of Title 13 and Sections 2581 through 2642 thereof, and to adopt, enact, and substitute a new Chapter 9, "Justice of the Peace Courts", and seven new sections therein, numbered as Sections 2581 through 2587 of Title 13; (5) Amend Chapter 20, "Conservatory Writs", of Title 13 so as to change the title of the chapter to "Provisional Remedies", to delete therefrom Part IV f Chapter 20, and to renumber Part V thereof as Part IV; an( (6) Adopt, enact, and add the following new sections to Title 13: Section 4, authorizing the affixing of the seal of the clerk when the court has no seal; Section 3239, providing the venue for an action on the official bond of a state officer; Section 3331, permitting a foreign administrator or executor to sue for damages for wrongful death without qualifying in the state; Section 3415, relieving a litigant of liability for slander or libel uttered by his attorney at law; Section 3484, authorizing the mailing of process to a deputy sheriff, constable, or marshal in the vicinity where the service is to be made; Section 3485, requiring notice of the appointment of an agent for the service of process by a non-resident individual or partnership to be filed with the secretary of state; Section 3671, providing the fee and mileage of a witness living in the parish; Section 3672, providing that a court shall not require a notary to produce his original act unless a signature thereon is at issue; Sections 3851-3861, authorizing the constructive seizure of immovables as an alternative to actual seizure; Section 3862, empowering a court to order the delivery of money or property on the person to the sheriff, and making a failure to comply with such an order a contempt of court; Section 3881, providing the general exemptions from seizure; Section 3882, permitting a seizing creditor to assert the fraudulent title of an intervener through an answer to the intervention; Section 3913, providing that no particular sequence of the sheriff's acts is required in garnishment proceeding; Section 3957, providing that sequestration without security may be used whenever a statute authorizes the use of provisional seizure; Section 4002, providing that sequestration may issue without security to enforce the privilege of a farm or plantation laborer for unpaid wages; Section 4111, providing the venue in an executory proceeding against a continuous tract of land in different parishes; Section 4290, permitting the recovery of damages for an excessive seizure in an ordinary proceeding; Section 4353-4356, relative to the sheriff's act of sale of property; Section 4357, requiring a sheriff to keep a record of sales under fieri facias; Section 4359-4362, relative to the payment of the price of adjudication of property purchased at judicial sale, and the liability of a purchaser who fails to comply with an adjudication; Section 4363-4366, relative to the appointment, duties, and fees of appraisers to value property to be sold judicially; Section 4452, providing the delay for an appeal in a case involving public bonds; Section 4534, prohibiting the clerk from charging for the issuance of defective process, and requiring him to reimburse the sheriff for the costs and expenses of executing such process; and Section 4611, providing the punishment for contempts of court; and to provide the effective date of this act.

Approved: June 22, 1960.

page 201

ACT No. 48 AN ACT To create the City Court of Golden Meadow, Louisiana; to provide for the necessary employees and officers of said court; to define the qualifications, powers and terms of office of said officers; to provide for the salaries and fees of the employees and officials of said court; and to regulate in general the authority, jurisdiction and procedure in said court.

Approved June 22, 1960.

page 1155

ACT No. 606 A JOINT RESOLUTION Proposing an amendment to Article VII of the Constitution of the state of Louisiana by adding thereto a new section to be designated as Section 51.1, to authorize the creation of the city court of Golden Meadow, Louisiana, and to provide its jurisdiction.