is fixed, it suffices if they are published in the newspapers, as above prescribed, once a week during that time.

(Am'd.) C. C. 1051 (1044); C. P. .969; 4 L. 383. D. Sec. 20-27.

ART. 1118. [1111.]-Whoever wishes to make opposition to a demand for the curatorship of a vacant succession or of absent heirs, must make it in ten days from the publication of the notice of the demand.

. C. 1115 (1107); C. P. 970; 4 L. 471; 10 R. 396; 4 A. 25.

ART. 1119. [1112.]-The opposition must be written and signed by the party making it, or his attorney, and delivered to the court of the judge before which the demand for the curatorship has been brought; it shall contain a brief statement of the reasons for which the party opposing claims the curatorship in preference to the party demanding it.

C. P. 971, 972; 1 R. 461; 10 R. 193.

ART. 1120. [1113.]-The judge shall determine, in as summary a manner as possible, on this opposition.

But though his decision be subject to an appeal, the curator appointed by the judge may act as such notwithstanding an appeal, if he give security, as is hereafter prescribed; and all the legal acts done in his capacity shall be valid, although his appointment be annulled on the appeal.

C. P. 580, 972, 973, 1050, 1059; 14 R. 240; 22 A. 24, 116. D. Sec. 3677. ART. 1121. [1114.]-In contestations concerning the curatorship of vacant successions and those of absent heirs, the judge shall grant the curatorship:

To the surviving partner of the deceased, in preference to the heir present or represented, unless the partnership has been a commercial one.

To the heir present or represented, in preference to the surviving husband or wife, if the deceased was married.

To the surviving husband or wife, in preference to the creditors of the deceased; to the creditors, in preference to those who are not.

C. P. 962; 4 L. 143, 569; 7 L. 395; 13 L. 77; 15 L. 527; 18 L. 494; 2 A. 97; 3 A. 261; 5 A. 27; 9 A. 207; 10 A. 292; 12 A. 96; 21 A. 667; 23 A. 22. D. Sec. 3677.

ART. 1122. [1115.]—The partner or partners of a commercial house, having accounts to render to the heirs of their deceased partner, can in no case be appointed curators to the vacant succession or that of the absent heirs of the deceased. It must be given to a third person, the surviving partner or partners having the right to claim the privilege of liquidating the partnership concerns, as is hereafter established.

C. C. 1135 (1128); 3 L. 471; 13 A. 626.

ART. 1123. [1116.]—If several persons claim the curator

ship, the judge shall appoint one of them as curator, provided he has the requisite qualifications, and offers sufficient security. (Am'd.) 6 L. 443; 11 L. 289; 2 A. 97; 13 A. 557; 21 A. 667. D. Sec. 428, 1102. Acts 1854, p. 51.

ART. 1124. [1117.]-In the choice to be made among several persons, who have equal rights to the curatorship, but who have claimed it at different times, the judge must give it to him who has first presented his demand, if he offers the necessary security.

(Am'd.) 3 L. 471; 11 L. 289; 2 A. 97; 19 A. 75, 76; 21 A. 667.

ART. 1125. [1118.]-In contestation relating to the curatorship of successions, the parties who have failed in their demands or oppositions, support the expense of them; but the costs incurred by the curator to cause himself to be appointed, are at the charge of the succession.

18 L. 493; 13 A. 557.

ART. 1126. [1119.]-The curator of a vacant succession or of absent heirs, before he enters on the performance of his duties, must take an oath, before the judge who has appointed him, well and faithfully to discharge his duties as such, and give good and sufficient security for the fidelity of his administration.

C. C. 1132 (1125), 3042 (3011); C. P. 976; 8 N. S. 581; 11 L. 149; 12 R. 238; ,1 A. 75; 3 A. 150; 14 A. 102, 764. D. Sec. 11, 1110, 1472, 8854. Acts 1859, p. 174.

ART. 1127. [1120.]-The security to be given by a curator of a vacant succession or absent heirs, when all the heirs are absent from and not represented in the State, is of one-fourth over and above the amount of the inventory, bad debts deducted.

C. C. 1679 (1672); 4 N. S. 481; 12 R. 238. D. Sec. 1100.

ART. 1128. [1121.]-The security to be given by a curator of absent heirs, when he only represents a part of the heirs of the deceased, is of one-fourth over and above the amount of the portion coming to these heirs, according to the inventory of the succession, bad debts deducted.

D. Sec. 1100.

ART. 1129. [1122.]-No greater security can be required of the curator of a vacant succession or of absent heirs than is required in the two preceding articles, unless new effects are discovered, which had not been included in the inventory.

ART. 1130. [1123.]-The_curator of a vacant succession or of absent heirs may, instead of the security required of him, give a special mortgage on immovable property belonging to him, of a sufficient value, which is unincumbered and situated within the limits of the jurisdiction of the judge who has appointed him.

7 N. S. 294.

ART. 1131. [1124.]-The property of the curators of vacant

successions and of absent heirs, and that of their securities shall be no longer subject to any general or tacit mortgage for the fidelity of their administration.

Acts 1834, p. 113, § 5; D. Sec. 3687, 429, 2424.

ART. 1132. [1125.]—If any one, after having demanded and obtained the curatorship of a vacant succession or of absent heirs, permit ten days to elapse after his appointment, without giving the security or special mortgage required by law, the judge shall, on motion of the counsel of the absent heirs, duly notified to the curator, declare him divested of his curatorship, and shall forthwith and ex officio appoint a curator.

(Am'd.) C. C. 1678 (1671); D. Sec. 11. 1110, 1459, 1463, 3699.

SECTION 4.

Of the Duties and Powers of Curators of Vacant Successions and of Absent Heirs.

ART. 1133. [1126.]-Every curator of a vacant succession or of absent heirs is bound, within ten days after his appointment, to give public notice to the creditors of the succession, that they may make themselves known, and present an account of their respective claims and the titles by which they are established. *

19 L. 462.

ART. 1134. [1127.]-Six months after his nomination, if the heirs do not appear in person or by attorney, the curator is bound to publish, in two of the newspapers printed at New Orleans, a notice of the death of the deceased, whose succession he administers, making mention of the name and surname of the deceased, of his place of birth, if it be known, of the place of his decease, and of the opening of his succession; and the curator shall subjoin to this notice his own name and address.

ART. 1135. [1128.] If the deceased was in community or partnership with any one who has survived him, the curator of the vacant succession or of absent heirs is bound, immediately after his appointment, to sue for a partition, in order that the part which belonged to the deceased in the community or partnership property, be ascertained.

19 L. 462; 3 R. 262.

ART. 1136. [1129.]-When any one of the heirs of the deceased is present or represented in the State, the curator of the heirs who are absent from and not represented in the State, is bound in the same manner as is prescribed in the preceding article, to sue for a partition, in order to ascertain the part coming to the heirs represented by him.

2 A. 466.

ART. 1137. [1130.]-Suits for partition must be instituted before the judge of the place where the succession is opened and the co-proprietors and partners of the deceased, as well as his heirs, present and represented, must be cited to appear before the judge in such suits, though their domicile or ordinary place of residence be out of the jurisdiction of the judge.

C. C. 935 (929), 945 (939); C. P. 164; et. seq. 929.

ART. 1138. [1131.]-If there be a commercial partnership, in which the deceased was concerned, the surviving partner, after the portion of the deceased in the partnership effects has been ascertained, and the estimate of it made on the inventory, shall have a right to require that this portion remain with. his own, in order that the whole may be disposed of for the common profit in the ordinary course of trade, and the proceeds applied, as far as is necessary, to the payment of the partnership debts.

2 L. 188; 3 L. 274, 357; 7 L. 194; 3 R. 44; 13 A. 626; 15 A. 637. ART. 1139. [1132.]-This right can not be refused to the surviving partner, if the succession of the deceased partner is vacant, or if all his heirs are absent and not represented; but the surviving partner is bound to give security to the curator of the vacant succession, or of absent heirs, to the amount of onefourth over and above the estimated value of the portion which was coming to the deceased from the partnership property, according to the inventory.

2 L. 188; 3 L 274, 357; 7 L. 194; 11 L. 195; 3 R. 44; 13 A. 626; 15 A. 637, 638.

ART. 1140. [1133].-The surviving partner, who has thus obtained the administration of the partnership effects, has but one year from the day this administration has been given to him, to sell those effects according to the usual course of trade, and to settle the partnership concerns.

After this time he is bound to render an account of his administration to the curator of the vacant succession, or of the absent heirs of his deceased partner, and to pay to him the part due to the heirs on the settlement of the partnership concerns.

ART. 1141. [1134.] - During the time the administration of the surviving partner continues, the curator of the vacant succession or of the absent heirs of the deceased has a right to demand from him, from time to time, an account of his situation, and to exercise over the partnership affairs the same superintendence which the deceased, during his life, could have exercised.

3 L. 274.

ART. 1142. [1135.]-The surviving partner, who has thus administered the partnership concerns and liquidated them, has no right to any commission therefor.

But lawful and necessary expenses incurred for the ad

vantage of the partnership, during this administration, are borne by the succession in proportion to the interest of the succession in the partnership.

ART. 1143. [1136.]-If any one of the heirs of the deceased partner is present or represented in the State, the surviving partner has no right to retain his part of the partnership property, no more than the parts of the other heirs who are absent, if the heir opposes it and accepts the succession purely and simply, unless in the act of partnership it be stipulated that the surviving partner shall be intrusted with the liquidation of the partnership concerns, for in this case such a stipulation must be carried into effect.

C. C. 2880 (2851), 2882 (2853); 1 L. 384; 15 A. 637.

ART. 1144. [1137.]-Except in the case in which the surviving partner of a commercial house obtains the administration of the partnership property, as is established in the preceding articles, the property, which the deceased possessed in common or in partnership with others, must be divided, either in kind or by sale, as the judge, before whom the suit for partition is brought, may order.

3 R. 44; 15 A. 637.

ART. 1145. [1138.]-Whether this partition be made in kind or by sale, it must be made in the manner and form prescribed in the laws of this title, relative to judicial partitions.

C. C. 1292 (1214), 1294 (1217), 1322 (1245); C. P. 1020.

ART. 1146. [1139.]-Every curator of vacant successions or of absent heirs is prohibited from purchasing by himself or by means of a third person, any property, movable or immovable, intrusted to his administration, under the pain of nullity and responsibility for all damages caused thereby.

Any executor, administrator, curator of vacant_successions, or tutor, may purchase at the sale of the effects of the deceased, whose estate he may represent, when he is the surviving partner in community or ordinary partnership, or an heir or legatee of the deceased; and all purchases so made shall be considered as valid and binding as though made by any disinterested third party, and shall have full force against minors, interdicted persons and married women.

C. C. 1343 (1265), 1790 (1784); C. N. 1596; 14 L. 111; 18 L. 352; 1 A. 129; 3 A. 533; 5 A. 585; 8 A. 445; 9 A. 232; 14 A. 629; 15 A. 253, 581; 16 A. 325; D. Sec. 12, 1111, 1469, 3700, 3836. Acts 1840, p. 123, § 1; Acts 1854, p. 155; Acts 1855, p 78. Recopilacion L. 10, 11, 12, L. 1.

ART. 1147. [1140.]-Every curator of a vacant succession or of absent heirs is bound to take care of the effects intrusted to him as a prudent administrator, and to render an exact and faithful account of the fruits and revenue they produce. He is responsible for all damages caused by his misconduct.

19 L. 462; 14 A. 358; 20 A. 148; 22 A. 313; 24 A. 162, 491.

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