ordinance contained in the Constitution of 1879 upon any of the subjects upon which this Convention is by the act convening it prohibited from enacting, ordaining or framing any article or ordinance, shall be construed as in any manner impairing or affecting the provisions of the Constitution of 1879, upon the prohibited subjects. [Identity of Courts Established by This Constitution and That of 1879.] Seventh-The Supreme Court, Courts of Appeal and District Courts, provided for by this Constitution, are declared to be, and shall be construed to be the same courts as those of the same name, created by the Constitution of 1879, and all writs, orders and process issued from said courts, which shall be pending, or in course of execution at the date when this Constitution goes into effect, together with all the records and archives of said courts, shall at once, by virtue of this article, be transferred to, and held to be cases pending in, and writs, orders and process issued from, and in course of execution, under the authority of, and records and archives of said courts respectively, as organized under this Constitution. Const., 1879, Art. 261, (Act 29, 1880), "did not, ipso facto, operate a transfer of the causes pending in the courts in existence before the adoption of the Const. of 1879, nor were the papers and records of the suits to be considered as of right, or in fact, filed eo instante in the new courts.'' Some action was necessary by the parties under the rules of court, and in absence of legislative enactment, to bring these causes within the jurisdiction of the new courts; and where a party for seventeen years has failed to do this, he must be taken to have abandoned his cause. Raymond et als vs. Conery, 50 An. 155. Effect and object of schedule. Sigur vs. Crenshaw, 8 An. 401. [Constitution Declared to Be in Force.] Eighth-This Constitution, adopted by the people of the State of Louisiana, in Convention assembled, shall be in full force and effect from and after this 12th day of May, 1898, save and except as otherwise provided in and by said Constitution. State vs. Caldwell et al., 50 An. 666. Time of Taking Effect.— Const., 1812. Legendre vs. McDonough, 6 M. (U. S.), 513; Bouthemy vs. Dreaux, 10 Mart. (O. S.), 1. Const., 1845. Sigur vs. Crenshaw, 8 La. 401; State vs. Auben, 9 La. 237. Const., 1868. Diamond vs. Cain, 21 An. 309; Carrollton vs. Board, id. 447; Williams vs. Douglas, id. 468; Knox vs. Gurnett, 28 An. 601; Bohn vs. Bossier, 29 An. 144. Const., 1879, was not operative from the date of its adoption by the convention, but only from its ratification by the people, as evidenced by the promulgation of the result of the election. State vs. Morgan City, 32 An. 81; see State vs. Pardee, 32 An. 638. [Payment of Expenses of Constitutional Convention.] Art. 326. The first General Assembly, meeting after the adoption of this Constitution, is required to make a special appropriation to pay the debt which this Convention has contracted with the Louisiana National Bank, the Hibernia National Bank and the New Orleans National Bank, of the City of New Orleans, with interest at five per cent. per annum from May 9th, 1898, until paid, and for which certificates are held by said banks, issued to them pursuant to an ordinance heretofore adopted by this Convention, and which said debt was incurred for the purpose of enabling this Convention to complete its work. [Copies of Constitution and Journal-How Distributed.] There shall be printed in book or pamphlet form 1500 copies of the Journal of the Convention, and 5000 copies of this Constitution, and each member of the Convention shall be entitled to 8 copies of the Journal and 25 copies of the Constitution. The remaining copies shall be delivered to the Secretary of State, to be disposed of as may hereafter be ordered by the Legislature. [Appropriation to Pay Certain Volunteers.] Said General Assembly shall also make any appropriation required to pay any loan or loans heretofore negotiated, or which may hereafter be negotiated by the Governor, pursuant to an ordinance heretofore adopted by this Convention, for the purpose of defraying the expenses of organizing and mobilizing the State's quota of volunteers called for by the proclamation of the President of the United States, heretofore promulgated. Done in Convention, in the City of New Orleans, on the 12th day of May, in the year of our Lord, one thousand eight hundred and ninety-eight, and of the Independence of the United States of America, the one hundred and twenty-second. E. B. KRUTTSCHNITT, ATTEST: President of the Convention. R. H. SNYDER, First Vice-President of the Convention. S. MCC. LAWRASON, Second Vice-President of the Convention. ROBERT S. LANDRY, MISCELLANEOUS ORDINANCES. POSTPONING THE SESSION OF THE GENERAL ASSEMBLY. Be it ordained by the people of the State of Louisiana in Convention assembled: Art. 1. That the next regular session of the General Assembly of this State, to be held on the second Monday in May, 1898, be and the same is hereby postponed until the third Monday in May, 1898, and that the Governor of the State be and is hereby authorized and requested to issue his proclamation to that effect. Art. 2. Said General Assembly may adjourn its said session from time to time during the year 1898, provided that said session, including any and all adjournments thereof, shall not exceed sixty days in duration. Done in Convention this 30th day of April, 1898. LOAN TO DEFRAY THE EXPENSES OF THE CONVENTION. Be it ordained by the people of the State of Louisiana in Convention assembled: Art. 1. That the President of this Convention, and the Chairman of the Committee on Contingent Expenses, are hereby authorized and instructed, in the name and by the authority of this Convention, to negotiate a loan of fifteen thousand dollars, or so much thereof as may be necessary to defray the residue of the expenses of this Convention not provided for by the Act of the General Assembly calling this Convention, and to enable the Convention to complete the work of framing the new Constitution. Art. 2. Said loan shall be evidenced by one or more certificates of indebtedness, signed by the President of this Convention, and countersigned by the Secretary thereof, under sea! of this Convention, and bearing interest from the date of such certificates until paid, at such rate, not exceeding 6 per cent. per annum, as may be agreed upon between the President of this Convention and the Chairman of the Committee on Contingent Expenses, as representing the Convention, and the lenders. Said certificates of indebtedness shall be payable on the first day of July, 1898, at any bank in the City of New Orleans which may be named on their face. The General Assembly, at its next session, shall make a special appropriation to pay said certificate or certificates. Done in Convention this 22d day of April, 1898. LOAN FOR MOBILIZATION OF STATE TROOPS. Be it ordained by the people of the State of Louisiana in Convention assembled: Art. 1. The Governor is authorized and empowered to borrow Fifty Thousand Dollars, or as much thereof as may be necessary, on the credit of the State, to defray the necessary expense of organizing and mobilizing the State's quota of volunteers called for by the proclamation of the President of the United States heretofore promulgated, and the Legislature shall, at its next session, make an appropriation to pay the loan negotiated in pursuance thereof. Done in Convention this 27th day of April, 1898. INDEX. As will be noted, the numbers of Sections of the Revised Statutes, and Acts and Articles of the Constitution referred to, and the numbers of the pages on which they may be found, are all given. Where reference is made in the index to any subject, and the page number is not given, the reference is to the heading in the index itself. Deposits, dividends, etc., due them by banks, how administered, Act 111, 1874 254 Effect of recording curator's bond, inventory, Secs. 1100, 1101. 572 .1296 Not compelled to testify against himself, Const., Art. 11. .1851 Excessive bail, etc., shall not be required, etc., Const., Art. 12. ..1852 ACTS-See "Commissioners to Take Testimony," etc. |