
    No. 883.
    Evans White v. T. & V. McKee.
    The act of the pretended Legislature of Louisiana, approved June 10,1883, suspending prescription during the Avar, and for one year after tho ratification of the treaty of peace hetAvoen the Confederate States and the United States, isnotlaAv. The pretended legislators could not make laws: they AYere never tiualified ; they did not take the essential oath.
    A PPEAL from tlie District Court, Parish of East Eeliciana, Posey, J.
    . John Mo Vea and G. P. DeLee, for plaintiff and appellee.
    
      W. P. Kernan, for defendants and appellants.
    Defendants plead prescription of one year, under Article 3499, Civil Code.
    Plaintiff met this plea with the act of the Legislature, approved Juno 10th, 1863, which reads as follows :
    ‘ ‘ An act suspending all prescriptions.
    “ Sec. 1. Be it enacted, etc., That all prescriptions of any kind and every nature whatsoever, be and the same are hereby suspended during the existing -war, and for one year after the ratification of a treaty of peace between the Confederate States and the United States; provided, that this act shall not operate on any person having adhered to the public enemy, by taking the oath of allegiance to the United States, or in any other way giving them aid and comfort.
    (Signed) Adolphus Olivier,
    Speaker of the House of Representatives.
    H. M. Hyams,
    Lieut. Gov. and President of the Senate.
    “ Approved June 10th, 1863.
    Thomas O. Moore,
    Governor of the State of Louisiana.
    ‘ ‘ A true copy :
    P. D. Hardy, Secretary of State.”
   Hyman, C. J.

Plaintiff instituted suit in August, 1865, against Thomas McKee and Virgil McKee, for board and lodging due in the year 1862, and Thomas McKee is appellant from a final judgment rendered against him in favor of plaintiff.

In the lower Court the defendant, Thomas McKee, filed the plea of prescription of one year. He also plead in reconvention, and claimed judgment against plaintiff for the proceeds of six bales of cotton.

It appears, from the evidence, that the proceeds of the six bales of cotton were, by agreement, to be credited on plaintiff’s claim.

There is no proof in the record that prescription was interrupted or suspended.

The plea of prescription is valid. See Civil Code, 3499.

The authority referred to in plaintiff’s brief is not law.

The pretended legislators could not make laws ; they were never qualified ; they did not take the essential oath.

Let the judgment of the District Court against the defendant, Thomas McKee, be annulled, avoided and reversed, and let the suit of plaintiff against him, Thomas McKee, be dismissed.  