or by his clerk, in which they shall state, in the order of their dates, the sums they may receive and pay for the account of the succession they administer, or the heir they represent; and also the debts which the succession owes, according to their best information.

ART. 1143.-The exhibition of these books, thus kept by these curators, may be ordered by the judge who has appointed them, as often as he shall think proper, or as he may be required to order it by a creditor of the succession, or by the counsel of the absent heirs of the deceased.

ART. 1144.-The curator of a vacant succession or of absent heirs, who wishes to absent himself from the State for a time that exceeds the legal term of his administration, must cause his place to be filled by some other, and render an account of his administration to the judge who has appointed him; otherwise he may be compelled to give security not to depart without rendering his account and paying the balance due, if there be any.

ART. 1145.-The curator, who only wishes to be absent for a time, ought not to lose his curatorship on that account provided he leave with some person residing in the place, where the succession is opened, his general and special power of attorney, to represent him in all the acts of his administration as curator, and deposit an authentic copy of this power of attorney, before his departure, in the office of the judge who has appointed him.

ART. 1146.-The curators of vacant successions and of absent heirs act in their names and quality, in all contracts or other proceedings, in which the succession or the heirs which they represent are interested, and appear, in all suits, in which they are obliged to act in that capacity, either as plaintiffs or as defendants.

ART. 1147.-The powers of curators of vacant successions and of absent heirs, when the latter are all absent from and not represented in the State, extend to all the effects of the succession.

ART. 1148.-The powers of curators of absent heirs, who only represent some of the heirs of the deceased, extend only to the portion which come to these heirs by the partition made of the effects of the succession.

Until this partition is made, these curators have no other power over the effects of the succession than that which a co-proprietor has over the undivided property which he possesses in common with other persons.

S V.

Of the Causes for which a Curator of a Succession may be Dismissed or Superseded.

ART. 1149.-The curator of a vacant succession or of absent heirs must be dismissed by the judge who has appointed him :

1. If he is unfaithfull in his administration, or if it be proved that he has made use of monies intrusted to him as curator for his private account;

2. If he absent himself for a time exceeding the legal term of his administration, without having provided for his place being filled by another, and rendered his ac

count;

3. If he absent himself for a time from the State without having left a special power of attorney with some one to represent him in his administration as curator, and the succession suffers any injury thereby;

4. If the judge of the place where the succession is opened orders him to produce his account book, which he ought to keep for the succession, and he refuses or neglect to obey this order.

ART. 1150.-The curator may be superseded by the judge who has appointed him :

1. If, three days after having been appointed curator, he refuses or neglects to give the security required of him by law;

2. If, after his appointment, he has failed or obtained a respite from his creditors;

3. If, in his administration, he commits any faults which prove his incapacity or negligence,

ART. 1151.—In those cases, in which the judge shall think there is reason to dismiss or supersede a curator of a vacant succession or of absent heirs, or shall be required to dismiss or supersede him by any party interested, he is bound to charge the counsel of the absent heirs to institute a suit to that effect before him, and the counsel is bound to institute it accordingly.

The decision of the judge on this question, is subject to an appeal, but may be previously executed notwithstanding the appeal.

ART. 1152.-In all cases of appeal to the supreme court from the decisions relating to the administration of the property of minors, of persons interdicted, of absent persons, the amount or value of the succession or of the property administered, shall determine whether that court has jurisdiction or not.

S VI.

Of the Sale of the Effects and of the Settlement of Successions administered by Curators.

ART. 1153.—When there are in a vacant succession, or a succession in which the heirs or part of them are absent from and not represented in the State, moveable effects which are perishable or costly to keep, the judge of the place where the succession is opened, can, before a curator isappointed, order the sale of them inthe form and manner hereafter prescribed.

ART. 1154.-The curator is bound, in ten days after his appointment, to demand that all the remaining moveable effects and all the slaves not employed in the cultivation of land belonging to the estate, found in the succession intrusted to his administration, be sold.

ART. 1155.-With respect to real estate belonging

to the succession, and slaves employed in cultivating it, the curator is bound to wait thirty days after his appointment, before he demands the sale of them, in order that he may know, from the information he may get concerning the debts of the succession, if it be necessary to sell them in order to pay the debts.

ART. 1156.-At the expiration of the thirty days, if the amount of debts known is such that it is necessary to sell the whole or a part of the real estate and slaves employed in agriculture, which belong to the succession, the curator shall present his petition to the judge who has appointed him, to obtain an order for the sale of this property, or of such a part of it as may be necessary to pay the debts of the succession.

ART. 1157.-This petition of the curator must be notified to the counsel of the absent heirs, and the judge, after having heard him, shall order the sale of all or such part of the real estate or of the slaves employed in agriculture, which belong to the succession, as may appear to him necessary in order to discharge the debts; and if the sale of the whole is not indispensable for this purpose, he shall order the sale of the slaves in preference to that of the real estate.

ART. 1158.-If it is not necessary to sell the property and the slaves engaged in agriculture, belonging to the succession, in order to pay the debts, they must be preserved, and administered by the curator for the account of the absent heirs, until they present themselves or send their powers of attorney, or until the expiration of the time when the law requires them to be sold, as is prescribed hereafter.

ART. 1159.-In all cases in which the sale is ordered of property belonging to vacant successions or to those of which any of the heirs are absent from and not represented in the State, the sale shall be made at public auction to the last and highest bidder, after the advertise

ments and publications required by law, to wit: ten days for moveables, and thirty days for real estate and slaves.

ART. 1160.-If the succession which is administered by a curator, is insolvent, and the property is not sufficient to pay the debts which are known, the curator is bound to apply to the judge, who has appointed him, for an order for a meeting of the creditors of the succession, at the office of some notary who shall be named for that purpose, in order to deliberate on the most advantageous manner of selling the effects of the succession.

ART. 1161. This meeting shall be called by citation to the creditors who reside in the State, in ten days, if all the creditors reside within the jurisdiction of the judge who grants the order, and in thirty days, if any of them reside out of his jurisdiction.

ART. 1162.-Notice of the meeting shall besides be given by advertisements in the usual places and publications in the newspapers in the cases required by law; and if there be creditors absent from the State, there shall be appointed a counsel to represent them in the meeting of the creditors, and in the acts which may grow out of it.

ART. 1163.-If, at the meeting of the creditors thus assembled, the creditors by privilege or mortgage require that the sale of the effects be made for cash, their wish, in this respect, shall prevail over that of the other creditors.

But as to the ordinary creditors, if a majority of them in amount, or in number, if their debts on one side and on the other are equal, wish that the sale be made on certain terms of credit, the opinion of this majority prevails.

ART. 1164.-When the creditors have thus given their opinion, the curator shall deposit a copy of the