Графични страници
PDF файл
ePub

PREFACE.

The march of mind in the science of law and jurisprudence generally, has advanced too far to require, in a work like the present, any prefatory commendation on the subject. It has been said of judicial reports, and with truth too, that they are the lights of the law, and like the Christian's faith, (without irreverence,) they may be said to be the evidence of things not seen. No law, however minute in its details, can provide for all the variety of cases that daily spring out of the diversified arrangements of civilized society. Where the law is thus deficient, equity jurisdiction takes place in our courts, and the settled decisions in those cases, form the operative and practical rule by which the citizen is governed. A correct publication of them, therefore, becomes of primary interest with the people. It induces caution and research on the part of the tribunals themselves, and affords light and security to the public upon which their decisions bear. In this view of the subject it was wisely provided in the constitution of our state, that in all definitive judgments the judges should announce the reasons upon which their decisions are founded. Until the legislative session of 1830, the decisions of our Supreme Court had been reported by his honor F. X. MARTIN, one of the judges of the court, and the bar of Louisiana can readily testify to the merits of that work, and the advantages it has yielded the country in the administration of justice. But the demand for the work was limited, and the publishing so expensive, as to render it onerous to the purchaser, and hazardous to the publisher, as an individual undertaking. During the last session of our legislature, it was provided by law that a reporter should be appointed with a salary from the govern

ment, and the price of the reports limited, in order to give them a more general circulation. That law prescribes the manner in which they shall be conducted.

In offering this, the first volume of his labors to the public, the Reporter has to observe, that he has endeavored to conform to the provisions of the law which has prescribed his duties, and if he has succeeded so far as to answer the object of his appointment, he will have experienced that satisfaction which a diffidence in his abilities would never have permitted him to expect.

Conscious of having conducted his labors at least with strict impartiality, he submits the work to a candid public, and the liberality of an enlightened profession.

[ocr errors][merged small]

RULES

OF TIE

SUPREME COURT.

1. The original plaintiff in the inferior court, shall have the right of opening and closing the argument of the cause in this court.

2. It is ordered that, the party applying for the filing of the record of any case in this court, shall, at the same time, tender to the clerk his bond and security, in the sum of one hundred dollars, for the payment of the fees which shall accrue to said clerk in such suit.

3. It is ordered that, when a cause shall have been set for hearing, and the appellant shall fail to attend himself, or his counsel; the appeal shall be dismissed, unless the appellee shall appear and proceed to argue the case ex parte. But, the cause shall be reinstated if the party shall within ten days show that his absence was occasioned by some occurrence not within his control.

4. When the appellant does not rely (wholly or in part) on a statement of facts, bill of exceptions, or special verdict ; but expects to show error on the face of the record; he shall file an assignment of er

VOL. 1.

« ПредишнаНапред »