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that which is to be delivered to the curator to authorize him to pay the balance due.
ART. 1186.—The curator, who has paid the balance of his account into the hands of the treasurer of the State, shall deposit one of the receipts delivered to him in the court of the judge, and it is only on the exhibition of this receipt that he can cause himself to be discharged from his administration by the judge, and obtain a release of the security or mortgage he has given for his administration.
ART. 1187.-If, at the reddition of this account by the curator to the judge, at the end of the year after his appointment, the judge be satisfied that the succession is entirely settled, and that it is not necessary to prolong the administration, he shall allow the curator a commission of two and a half per cent, on the amount of the inventory of the effects of the succession, or of the portion by him administered, deducting the bad debts.
ART. 1188.-But if it appears to the judge that the succession is not entirely settled, and that it will be necessary to prolong the administration, be shall only allow the curator the commission of two and a half
per cent, on the sums received or recovered by him during his administration. · —
ART. 1189.—The commission allowed to curators of vacant successions and of absent heirs, is calculated on the whole amount of the effects of the succession, deducting bad debts, if the succession is vacant, or if all the heirs are absent from and not represented in the State.
But when there are only some of the heirs who are absent from and not represented in the State, the commission allowed to the curator is calculated on the portion of the effects of the succession coming to those heirs, according to the estimate in the inventory, deducting bad debts.
ART. 1190,- If there are two curators to the same vacant succession or the same absent heirs, they divide the commission, and no augmentation thereof can, under any pretence, be allowed.
ART. 1191.-When a vacant succession, or one of which the heirs or part of them are absent from and not represented in the State, has been definitively settled, if there remain in the hands of the curator any titles or papers belonging to the succession or the heirs, the judge shall order them to be deposited in court, in order that they may be delivered to the heirs or their attornies in fact.
ART. 1192.-The funds of vacant successions or absent heirs, paid into the treasury of the State, remain in deposit, until claimed by the heirs or those having a right to them.
These funds may be made use of, but their reimbursement is provided for and guaranteed on the faith of the State, so that the heirs who present themselves, meet with no delay in receiving them.
Art. 1193.—If, after the payment into the hands of the treasurer of the State, and the discharge of the curator, any one presents himself, having the right to claim the succession or the payment of any debts due him by the deceased, such heir or creditor must cause his · quality to be recognized, or his debt to be liquidated before the judge of the place where the succession is opened, after having cited the counsel of the absent heirs.
ART. 1194.-If the demand of the person claiming the succession or the portion of it administered by the curator, be established by a judgment, the treasurer of the State shall pay to such person, on his exhibiting an authentic copy of the judgment, the amount belonging to the succession deposited in the treasury.
ART. 1195.- If it be a mere debt claimed by one of the creditors of the succession, the treasurer of the State
pay the amount thereof to the creditor, out of the funds deposited in the treasury, belonging to the succession, on the exhibition of an authentic copy of the judgment establishing his debt, as is before said.
ART. 1196.-If curators of vacant successions or of absent heirs neglect, during three months from the date of the judgment rendered on their accounts, to pay the balance into the hands of the treasurer of the State, it is his duty to denounce them to the attorney-general or district attorney of the place of their residence, who is bound to sue them and their securities to compel the payment of this balance, with interest from the day on which they were bound by law to make such payment.
Of the Duties of Curators, whose Administration is
prolonged beyond the legal term. ART. 1197.-If, at 'the expiration of the year after the curator of a vacant succession or of absent heirs has been appointed, the affairs of the succession are not settled, the judge may, if he thinks the interest of the succession requires it, prolong the administration for one year more, and thus from year to year during five years from the opening of the succession.
ART. 1198.– Though the administration of the curaLor be prolonged, he is not the less bound to render his account every year to the judge, and to pay the balance in his hands to the treasurer of the Stale, according to the provisions contained in the preceding paragraph.
ART. 1199.-The judge, who prolongs the administration of a vacant succession or of absent heirs beyond a year, is bound, every year of the prolongation thus granted, to exact from the curator a renewal of the security, which he has given for the fidelily of his administration. But in this case the judge cannot require from the curator security for more than one fourth beyond the estimated value of the property left under his administration.
ART. 1200.--The curator, whose administration has been prolonged, has the right, on the account which he renders each year, of his administration, to deduct a commission of two and a half per cent, on what he has received or recovered during the year preceding.
ART. 1201.-If the curator of a vacant succession or of absent heirs, who has been first appointed, will not continue to act, or if he dies, absents himself, or is, by other means, prevented from performing his duties, the judge of the place where the succession is opened, may, if he thinks it necessary to the interests of the succession, appoint another curator to finish the settlement of the estate.
In this case the appointment must be according to the same rules as are prescribed for the appointment of curators of vacant successions and absent heirs, and these new curators have the same duties to perform and enjoy the same rights as the curator, whose administration is prolonged beyond the year.
ART. 1202.- If, at the expiration of a year from the appointment of a curator of a vacant succession or absent heirs, there be real estate or slaves belonging to the succession, which have not been sold, the judge is bound, on the request of the curator, to order the sale of them to be made at public auction, at the periods and after the advertisments and publications prescribed by law, at one or two years credit, and with the proper securities.
ART. 1203.-Before proceeding to this sale, the judge is bound to cause the properly to be disposed of according to the preceding article, to be estimated by experts by him appointed and sworn, and if, at the sale, two thirds of the estimated value be not offered for it, the sale shall be suspended, and the curator is bound to have it again exposed, after the same time of notice, advertisements and publications prescribed by law, at one, two and three years credit; but then the property must be sold at the price offered.
S IX. Of the appointment of Counsel of Absent Heirs, and
of their Duties.
ART, 1204.-On the opening of a vacant succession, or of one of which the heirs or part of them are absent from and not represented in the State, it is the duty of the judges who have inventories to make of the effects of these successions, to appoint a counsel to the absent heirs to assist at these inventories.
ART. 1205.—The counsel to the absent heirs, who is appointed by the judge of the place where the succession is opened, must, if possible, be an attorney admitted to practice in the courts of this state, and it is his duty to represent the absent heirs, not only in the inventory, bnt in all the acts required by law to be done.
ART. 1206.-The counsel appointed by the judge must immediately after his appointment, search among the papers of the deceased, and get all the information he can, to assure himself of the place of birth of the deceased, and where his heirs reside, in order to correspond with them and give them notice of the death of the deceased, of the name and residence of the curator appointed to his succession, and the state in which his affairs are left.
ART. 1207.—If, in the interval between the opening of the succession and the appointment of the curator, there are any conservatory acts to be performed, or suits to be instituled, the delay of which may injure the succession, the counsel of the absent heirs shall be authorized to perform such acts, or institute such suits before