Слике страница
PDF
ePub

Mortgages to mention in such certificate only special mortgages which have been granted by said city of New Orleans, and to omit all judicial mortgages arising from the inscription of judgments rendered against said city of New Orleans and recorded in said mortgage office.

ment not to

112. SEC. 3181.] Hereafter no inscription of a judgment ren- Record of judg dered against said city of New Orleans shall operate as a judicial operate as a mortgage against any property of the said city of New Orleans.

SEIZURES IN THE PARISHES OF ORLEANS AND JEFFERSON.

mortgage.

levying on landed property in

Orleans and

113. [SEC. 3182.] Whenever a party to any judicial proceeding whatsoever shall desire the Sheriff or other officer of the parishes of 1857-185. Orleans or Jefferson, to whom any order or writ may have been Duty of persons directed, ordering said Sheriff or other officer to seize, under mesne the parishes of or final process, any tract of land, lot or parcel of ground, whether Jefferson. vacant or improved, which shall be situated in said parishes of Orleans or Jefferson, the party desiring such seizure shall annex to such writ or order, at the time it is issued, or give to the Sheriff or other officer to whom such writ or order may have been directed, an exact and complete description with the metes and bounds of the property to be seized.

114. [SEC. 3183.] The Sheriff or other officer to whom such writ or order may have been directed, shall make, or cause to be made, three notices containing the title of the suit, the number upon the docket, and name of the court from which the writ or order was issued and the amount of the claim specified in said order or writ; also, an exact copy of the description given him and of the metes and bounds of the property to be seized.

115.

Duty of the ting the seizure

officer execu

given to the

[SEC. 3184.] The said Sheriff or other officer shall serve, or cause to be served upon the party whose property is to be seized, Notice to be one of the notices mentioned in the foregoing section, and shall also party. cause to be recorded, in the office of the Recorder of Mortgages of the parish where the property may be situated, another of said notices.

116. [SEC. 3185.] As soon as said notices shall have been recorded, as provided for in the foregoing section of this act, the Sheriff or officer shall enter upon a book in his office, to be known as the "Seizure Book," the description given of the property. seized, together with the day and hour of its recordation in the office of the Recorder of Mortgages, and shall, upon the notice remaining in his hands, make due return of the service and date and hour of its recordation.

Duty of the

officer execu

ting the writ.

Effect of recording.

Fees of record.

ing, how and

by whom paid.

1855-335.

117. [SEC. 3186.] The recording of the description and notice mentioned above shall be deemed and considered as the seizure and possession, by the Sheriff, of the property therein described, and it shall be unnecessary to appoint a keeper thereof.

118. [SEC. 3187.] The fee of the Recorder of Mortgages for recording the notice, delivered to him by the Sheriff, shall be one dollar for each notice, to be paid by the Sheriff, and the Sheriff shall not be obliged to make any seizure, in the manner prescribed by this act, unless the plaintiff advances to him in cash the sum of one dollar, which is to be taxed as part of the costs of suit, and the Sheriff shall also be entitled to a fee of fifty cents for each seizure recorded in the seizure book kept in his office.

REGISTRY IN GENERAL.

119. [SEC. 3188.] No notarial act concerning immovable property shall have any effect against third persons, until the same shall Notarial acts to have been recorded in the office of the Parish Recorder, or Register of

be recorded to

affect third

persons.

Conveyances of the parish where such immovable property is situate. 120. [SEC. 3189.] All sales of lands, made by any Sheriff or other officer, by virtue of any execution; all marriage contracts, cording certain made within this State, tending in any wise to convey, transfer,

Manner and

place of re

acts.

Said acts to be null if not recorded.

When said record affects third persons.

assure, or affect the estates of the parties, or being only intended to ascertain the dotal rights of the wife, or that her marriage portion is liable to some reserves, or stipulated to be paraphernalia, or extra dotal property; all final judgments shall be recorded as follows, to wit: where lands or other immovable property are to be affected, the recording shall be in the parish where the lands or other immovable estates shall be situate.

And all sales, contracts and judgments, which shall not be so recorded, shall be utterly null and void, except between the parties thereto. The recording may be made at any time, but shall only affect third persons from the time of the recording.

For duties of Recorder of Mortgages respecting Bankers and Banking Corporations, see "BANKS," section four.

[blocks in formation]
[blocks in formation]

Judges to con

ments-Pro

concurrence

ART. 78. No judgment shall be rendered by the Supreme Court without a concurrence of a majority composing the court. When- Majority of the ever the majority can not concur in consequence of the recusation cur in judg of any member of the court, the Judges not recused shall have ceeding when power to call upon any Judge or Judges of the District Courts, is impossible. whose duty it shall be, when so called upon, to preside in the place of the Judge or Judges recused, and to aid in determining the case. ART. 90. In any case, when the Judge may be recused, and when he is not personally interested in the matters in contestation, he Mode of proshall select a lawyer, having the qualifications required for a Judge of recusation of his court, to try such cases. And when the Judge is personally interested in the suit, he shall call upon the Parish or District Judge, as the case may be, to try the case.

ceeding in case

of Judge.

Criminal cases in which

1. [SEC. 3191.] Any Judge may be recused or may recuse 1858–218. himself in criminal cases, if said Judge be connected by blood or marriage with any person charged with any offense against the Judges may

laws of the State. 2. [SEC. 3193.]

Court or any other

be recused.

Judges of Supreme or other Courts, when

Whenever, in any case before the Supreme Court having appellate jurisdiction, the judg- 1860-28. ment 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 its being necessary that a motion be made to that effect by any of the parties.

to recuse

themselves.

3. [SEC. 3194.] The District Judges of the several judicial districts of this State, or the Parish Judge of any adjoining parish, 1869-73. shall, in the absence of the Parish Judges from their respective

parishes, or when the Parish Judge is interested, or from any cause is recused or can not act, grant all orders of any and every kind in cases of any kind in the Parish Courts which might have been granted by the Parish Judge if not absent or recused, which absence or recusation must be made to appear by the affidavit of the party or his attorney, who applies for such orders.

Powers of Dis

trict Judges in absence or re

cusation of

Parish Judges.

1868-12.

Powers of Parish Judges in absence or recusation of District Judges

4. [SEC. 3195.] The several Parish Judges shall have the power, in the absence of the District Judge from the several parishes, or when he is interested, to act in cases before the District Court in granting orders of arrest, attachment, sequestrations, provisional seizure and orders of seizure and sale; to issue writs of possession and distringas; to grant orders setting aside sequestrations, and fixing the amount of the bonds therefor; to grant injunctions in all cases, where it is legal to do so; to grant appeals and fix the amount of bonds thereof, when the same is not fixed by law; to issue commissions to take testimony of witnesses residing out of the parish, where it is made to appear the witness is about to depart, or where, from any other cause, the party, desiring his testimony, may have cause to apprehend that he will otherwise be deprived of it; and to appoint a commissioner to execute the same; and to fix the return day thereof; and to appoint tutors or curators ad hoc in all cases; and Parish Judges are empowered to grant these orders or writs, when application is made to them in proper form, according to the laws of this State therefor, and when the party or his attorney makes oath that the District Judge is absent from the parish, or that, being interested, he is unable to give the orders.

[blocks in formation]
[merged small][merged small][merged small][merged small][subsumed][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

ART. 25. At its first session under this Constitution, the General Assembly shall provide by law that the names and residence of all Registration. qualified electors shall be registered in order to entitle them to vote;

but the registry shall be free of cost to the elector.

State Registrar

Term of office.

1. [SEC. 1.] The Governor, by and with the advice and consent of the Senate, shall, upon the passage of this act, and every two 1870-132. years thereafter, appoint a person to be known as State Registrar of Appointment of Voters, who shall hold his office for two years from the date of his of Voters appointment. The State Registrar of Voters shall be the Supervisor of Registration for the parish of Orleans, and as such shall perform powers. all the duties and exercise all the powers herein prescribed for the Supervisor of Registration in a parish.

Duties and

« ПретходнаНастави »