ART. 3392. [3355.]-In no case can the recorder of mortgages and the parish recorders fulfilling the same duties, refuse or delay the recording of the acts which are presented to them for that purpose, or the delivery of the certificates which are required of them, as hereafter stated. (Am'd.) C. N. 2199; 2 L. 487; 1 A. 219. ART. 3393. [3356.]-These officers shall record on their register the acts which are presented to them, in the order of their date, and without leaving any intervals or blank space between them; and they are bound also to deliver to all persons who may demand them, a certificate of the mortgages, privileges or donations, which they may have thus recorded; if there be none, their certificate shall declare that fact. C. N. 2203; 1 L. 482; 2 L. 487; 1 A. 219; 20 A. 223, 225. ART. 3394. [3357.]—The register of mortgages and the parish recorders performing the same duty, are answerable for injury resulting: 1. From omitting to record such acts as are directed to be recorded in their office. 2. From omitting to mention in their certificates one or several acts existing on their registers, unless in this latter case the error proceeds from a want of exactness in the description, which can not be imputed to them. 1 A. 219. ART. 3395. [3358.]—The register of mortgages for the parish of Orleans shall furnish to the Governor of the State one or more sureties to the amount of forty thousand dollars, for the faithful execution of the duties required of him by law, and for the payment of such damages as may be sustained by his failure to discharge such duties. (Am'd.) ART. 3396. [3359.]—The fees, to which the register of mortgages and the parish recorders performing the same duty are entitled for recording acts delivered to them and giving certificates, are regulated by special laws. (Am'd.) CHAPTER 3. Of the Effects of Mortgages and Privileges. SECTION 1. Of the Effects of Mortgages and Privileges with Regard to the Debtor. ART. 3397. [3360.]-The mortgage has the following effects: 1. That the debtor cannot sell, engage or mortgage the same property to other persons, to the prejudice of the mortgage which is already made to another creditor. 2. That if the mortgaged thing goes out of the debtor's hands, the creditor may follow it in whatever hands it may have passed, insomuch that the third possessor of it is obliged, either to pay the debt for which the thing is mortgaged or to relinquish it to be sold, that the creditor may be paid out of the proceeds thereof. 3. That the mortgagee has the benefit of being preferred to the mere chirographic or personal creditors, and even to the other mortgagees who are posterior to him in the date of the registry of their mortgages. (Am'd) 16 A. 193; 19 A. 449; 23 A. 339, 342; D. Sec. 47, 2417, 3725. ART. 3398. [3361.]-The mode of proceeding when the thing mortgaged is in the debtor's possession, and also when it is in the hands of a third person, is prescribed in the Code of Practice. (Am'd.) C. C. 1417 (1395), 1422 (1371); C. P. 61, 68, 734; 7 N. S. 514; 1 R. 295, 407; 2 A. 367. SECTION 2. Of the Effect of Mortgages against Third Possessors, and of the Hypothecary Action. ART. 3399. [3362.]-The creditors who have either a privilege or mortgage on immovables, may pursue their claims on them into whatever hands they may happen to pass, to be paid out of their proceeds according to their rank, provided that their titles have been registered according to law. C. N. 2166; C. P. 61, 62, 68; 9 A. 547; 19 A. 181; 20 A. 405; 21 A. 241, 214, 253, 255. ART. 3400. [3363.]-The third possessor of the immovable property mortgaged, is bound either to discharge the principal, together with all the interest of the debt for which the property was mortgaged, to whatever sum they may amount, or to relinquish the property without any reservation. C. N. 2168; C. P. 68; 23 A. 339. ART. 3401. [3364.]—In case the third possessor fails to comply with either of these obligations, every mortgage or privileged creditor is entitled to cause the immovable mortgaged or subject to privilege to be sold, if, thirty days after amicable demand of payment from the debtor, the debt has not been discharged. C. N. 2169; C. P. 68, 69; 13 L. 313; 13 A. 205; 15 A. 289; 24 A. 566. ART. 3402. [3365.]-The creditor who shall institute this action against a third possessor, must make oath, at the foot of his petition, that the debt for which he prays the seizure of the thing on which he has a mortgage or privilege is really due to him, and that he has demanded payment of it without success, thirty days before he presents his petition. C. C. 3045 (3014); C. N. 2169; C. P. 70, 71; 8 A. 460; 14 A. 103; 24 A. 566. ART. 3403. [3366.]-The third possessor who is not personally liable for the debt, may, notwithstanding, within ten days from his being served with an order of seizure, oppose the sale of the property mortgaged which is in his possession, if he has good cause to show in support of such opposition, as that the mortgage has not been registered, or other plea, or if there is other property mortgaged for the same debt within the possession of the principal debtor or debtors, in which last case the possessor may demand that his property be previously discussed, in the form directed under the title: Of Suretyship, and during the discussion the sale of the property mortgaged and in the possession of the third person, shall be suspended. C. C. 1417 (1395) to 1421 (1370); C. N. 2170; C. P. 68 to 74, 744; C. N. 2170; 16 L. 231; 7 R. 506; 12 A. 361; 13 A. 382; 23 A. 339. ART. 3404. [3367.]-The plea of discussion can not be opposed to the creditors, who have either a privilege or a special mortgage on the property found in the possession of a third per son. C. C. 3047 (3016); C. N. 2171; C. P. 72, 73; 10 R. 45; 19 A. 181, 182. ART. 3405. [3368.]-The third possessor who wishes to avoid the action of mortgage, may, before or after the order of seizure, declare that he relinquishes the property affected by the mortgage, and of which he has possession. This relinquishment may be made by all third possessors, who are not personally bound for the debt and who are capable of alienating; and it does not deprive them, before the sale, of the right of retaking the property mortgaged, which was in their possession, on discharging the debt, together with the interest and costs. C. N. 2172, 2173; C. P. 74; 16 L. 231. . ART. 3406. [3369.]-The act of relinquishment shall be executed before a notary public in the presence of two witnesses, and notified to the creditor or creditors who have brought the hypothecary action. On the petition of the first of the interested persons who sues, a curator is appointed to the property relinquished, and under him the sale of the property is conducted in the manner prescribed by law. C. C. 2234 (2231); C. N. 2174. ART. 3407. [3370.]—The deteriorations, which proceed from the deed or neglect of the third possessor to the prejudice of the creditors who have a privilege or a mortgage, give rise against the former to an action of indemnification; but he can claim for his expenses and improvements only to the amount of the increased value which is the result of the improvements made.. C. N. 2175; 4 L. 242. ART. 3408. [3371.]-The fruits or income of the property mortgaged are due by the third possessor, only from the time when the notification of the order of seizure was served on him: and in case of the discontinuance of the suit during one year, only from the day when a new notification of the order of seizure shall be served on him. C. N. 2176; 3 A. 600; 14 A. 587. ART. 3409. [3372.]-The servitudes and incorporeal rights which the third possessor held on the property before his possession of it, are renewed after his relinquishment, or after the sale under execution made upon him. His own creditors, after those who held their titles under the preceding proprietors, exercise their rights of mortgage in their order on the property relinquished or sold at auction. C. C. 2118 (2114), 3411 (3374;) C. N. 2177; 16 A. 280. ART. 3410. [3373.]—The third possessor who has either discharged the mortgage debt, or relinquished the property mortgaged or suffered it to be sold under execution, has, according to law, an action of warranty against the principal debtor. C. C. 2159 (2155); C. N. 2178; 1 R. 362. CHAPTER 4. How Mortgages Expire or are Extinguished. ART. 3411. [3374.]-Mortgages are extinguished: 2. By the creditor acquiring the ownership of the thing mortgaged. 3. By the extinction of the mortgagor's right. 4. By the extinction of the debt, for which the mortgage was given. 5. By the creditor renouncing the mortgage. 6. By prescription. C. C. 2130 (2126), 2217 (2214), 3277 (3244), 3369 (3333), 3409 (3372); C. N. 2180; 9 L. 10; 4 R. 416; 12 R. 450; 4 A. 416; 15 A. 407; 19 A. 260; 20 A. 263, 265; 21 A. 3; 23 A. 244, 275; D. Sec. 47, 2418 to 2423, 3727, 3728, 3729. TITLE XXIII. OF OCCUPANCY, POSSESSION AND PRESCRIPTION. CHAPTER 1. of Occupancy. ART. 3412. [3375.]-Occupancy is a mode of acquiring property by which a thing which belongs to nobody, becomes the property of a person who took possession of it, with the intention of acquiring a right of ownership upon it. ART. 3413. [3376.]-It follows from the above definition that occupancy can only be a lawful mode of acquiring property, when the thing in occupancy has no owner, and when it is of a nature which admits of its being taken possession of, and when it is retained by the acquirer with the intention of keeping it as his own property. ART. 3414. [3377.]—There are five ways of acquiring property by occupancy, to wit: By hunting. By fowling. By fishing. By finding (that is, by discovering precious stones on the sea shore, or things abandoned, or a treasure.) By captures from the enemy. ART. 3415. [3378.]-Wild beasts, birds and all the animals which are bred in the sea, the air, or upon the earth, do, as soon as they are taken, become instantly by the law of nations, the property of the captor; for it is agreeable to natural reason that those things which have no owner, shall become the property of the first occupant. And it is not material whether they are taken by a man upon his own ground or upon the ground of another. But the propri |