ART. 1148. [1141.]-A curator of a vacant succession or of absent heirs, owes no interest on the sums of money in his hands belonging to the succession which he administers, but he is forbidden from using them on his private account, under the pain of dismissal and responsibility for all damages caused thereby. C. P. 1007; 3 L. 191; 3 A. 353; 24 A. 435. Acts 1837, p. 95, § 3. ART. 1149. [1142.]-Curators of vacant successions and of absent heirs are bound to keep a book containing the accounts of their administration, which they shall cause to be paraphed at the beginning and at the end, each page to be numbered by the judge who has appointed them, or by his clerk, inwhich 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. C. P. 997; 9 A. 376, 412; 10 A. 96; 14 A. 536; 15 A. 581; 21 A. 148. Acts 1837, p. 95, § 3, 4; Acts 1855, p. 78. ART. 1150. All executors, administrators, curators and syndics shall deposit all moneys collected by them, as soon as the same shall come into their hands, in one of the chartered banks of this State, or in one of their branches, allowing interest on deposits, if there be one in the parish. They shall keep a bank · book in their official name, and shall on no account withdraw the deposits, or any part thereof until a tableau of distribution shall be homologated, or unless ordered by a competent court, and then only to pay such debts as may be ordered for payment. On failure to comply with the provisions of this section, they shall be condemned jointly and severally with their securities to pay to the use of the estate twenty per cent. interest per annum on the amount not deposited or withdrawn without authority, besides all special damage suffered, and shall be dismissed from office. (New Article.) D. Sec. 7, 1105, 1463, 3695. Acts 1855, p. 78, § 2. ART. 1151. Any creditor or other person interested may at the regular sittings of the courts in New Orleans and in the country, as well during the vacation as the sitting of the court having jurisdiction, file in the court of the judge having jurisdiction a motion to know whether any executor, administrator, curator or syndic has any funds, and he shall be bound within ten days to file a true statement of his accounts and his bank book, if he has one, showing the amount of funds collected by him, and on failure so to do, shall be dismissed from office and pay ten per cent. per annum interest on any sums for which he may be responsible. (New Article.) 24 A. 517; D. Sec. 1106, 1464, 3696. Acts 1855, p. 78, § 3. ART. 1152. [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 requested to order it by a creditor of the succession, or by the counsel of the absent heirs of the deceased. ART. 1153. [1144.]-The curator of a vacant succession or of absent heirs, who wishes to absent himself from the State for a time exceeding one year, 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. 10 L. 435; 17 L. 537; D. Sec. 1471. Acts 1847, p. 115. ART. 1154. [1145.]-The curator, administrator or executor who only wishes to be absent for a time, ought not to lose the administration of the succession on that account; provided he leave with some person residing in the parish where the succession is opened, or in an adjoining parish, his general and special power of attorney, to represent him in all the acts of his administration, and deposit an authentic copy of his power of attorney, before his departure, in the cffice of the recorder of mortgages in and for the parish where such succession has been opened, which power of attorney shall be duly registered. (Am'd.) C. C. 358 (351); 10 A. 547; 18 A. 153; D. Sec. 14, 480, 1112, 1471, 3638, 3828, 2349. Acts 1847, p. 115. ART. 1155. [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. C. P. 111; 9 A. 589; 23 A. 428; 24 A. 524. ART. 1156. [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. 1157. [1148.]-The powers of curators of absent heirs, who only represent some of the heirs of the deceased, extend only to the portion which comes 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 coproprietor has over the undivided property which he possesses in common with other persons. 10 R. 457. SECTION 5. Of the Causes for which a Curator of a Succession may be Dismissed or Superseded. ART. 1158. [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 unfaithful in his administration, or if it be proved that he has made use of moneys intrusted to him as curator for his private account. 2. If he absent himself for a time exceeding one year without having provided for his place being filled by another, and rendered his account. 3. If he absent himself temporarily 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 neglects to obey this order. 5. If he fails to keep a bank book and to comply with article 1150 of this Code. (Am'd.) C. C. 3070; C. P. 1013, 1014; 4 L. 266; 21 A. 455. D. Sec. 3858. Acts 1837, p. 95, § 3, 4. ART. 1159. [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 commit any faults which prove his incapacity or negligence. C. C. 1125. D. Sec. 17, 1474, 3717, 3738, 3859. ART. 1160. [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. 2 L. 266; 10 R. 457; 22 A. 96. ART. 1161. [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. C. P. 1051; 3 L. 446; 9 A. 370; 15 A. 637; 16 A 420. SECTION 6. Of the Sale of the Effects and of the Settlement of Successions Administered by Curators. ART. 1162. [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, movable effects which are perishable or costly to keep, the judge of the place where the succession is opened, can, before a curator is appointed, order the sale of them in the form and manner hereafter prescribed. C. C. 1670 (1663); 19 L. 462. ART. 1163. [1154.]-The curator is bound, in ten days after his appointment, to demand that all the remaining movable effects found in the succession intrusted to his administration, be sold. 5 L. 468; 13 A. 439. Acts 1855, p. 76. ART. 1164. [1155.]—With respect to immovables belonging to the succession, 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. C. P. 991; 11 L. 149; 10 R. 396; 9 A. 107, 112; 16 A. 420; 20 A. 305, 355. ART. 1165. [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 immovable property which belongs 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 as may be necessary to pay debts of the succession. the C. C 312 (337), 1062 (1065); C. P. 990, 991, 992; 10 R. 396; 9 A. 107; 16 A. 420; 18 A. 435; 20 A. 355. ART. 1166. [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 immovables which belong to the succession, as may appear to him necessary in order to discharge the debts. (Am'd.) 2 A. 966; 14 A. 706, 707; 18 A. 485; 20 A. 355. ART. 1167. [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 advertisements and publications required by law, to wit: ten days for movables and thirty days for immovables. (Am'd.) C. C. 1062 (1055), 1339 (1261); C. P. 668, 669, 990; 1 N. S. 324; 4 L. 467; 8 L. 321; 15 A. 697; 18 A. 728, 729; 19 A. 169. D. Sec. 22, 23. Acts 1830, p. 64, § 1. Acts 1817, p. 73. Acts 1855, p. 105. ART. 1168. [1158.]-If it is not necessary to sell the prop ́erty engaged in agriculture, belonging to the succession, in order to pay the debts, it must be preserved, and administered by the curator for the account of the absent heirs for one year after his appointment. (Am'd.) ART. 1169. [1202.]—If, at the expiration of a year from the appointment of a curator of a vacant succession or absent heirs, there be immovables 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 advertisements and publications prescribed by law, at one and two years' credit, and with the proper securities. (Am'd.) C. C. 1167 (1159); 11 A. 59; 18 A. 728, 729; 24 A. 106. ART. 1170. [1203.]-Before proceeding to this sale, the judge is bound to cause the property which is 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. C. P. 990; 11 A. 59. D. Sec. 586, 3711, 3837. ART. 1171. Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or an auctioneer, or to make it themselves; but in the event of making the sales themselves, they shall receive no commission therefor. (New Article.) C. C 2622 (2600); D. Sec. 18, 1109, 1171, 1467, 1475, 3396, 3397, 3701, 3850. Acts 1865, p. 20. ART. 1172. [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 |