in ten days after SEC. 11. Whenever the testamentary executor, or any other administrator of a succession, shall suffer ten days to elapse after To qualify withhis confirmation or appointment, without having either qualified or their appoint caused an inventory to be at least begun, the judge shall forthwith ment. and ex officio appoint a successor in office, as if no such officer had been confirmed or appointed. in community SEC. 12. Any executor, administrator, curator of vacant succes- The heir or sursion, or tutor, may purchase at the sale of the effects of the deceased, viving partner whose estate he may represent, when he is the surviving partner in or in an ordina community, or ordinary partnership, or an heir or legatee of the authorized to deceased; and all purchases so made shall be considered as valid buy at sales of and binding, as though made by any disinterested third party, and sented by them, shall have full force against minors, interdicted persons and ried women. mar estates repre as executors, etc. tates inherited SEC. 13. Each and every person, not being domiciled in this State, and not being a citizen of any State or territory in the Union, 1855-398. who shall be entitled, whether as heir, legatee or donee, to the Foreign heirs and legatees to whole or any part of the succession of a person deceased, whether pay a tax of ten such person shall have died in this State or elsewhere, shall pay a per cent, on estax of ten per cent. on all sums or on the value of all property which by them. he may have actually received from said succession, or so much thereof as is situated in this State, after deducting all debts due by said succession; when the inheritance, donation or legacy consists of specific property, and the same has not been sold, the appraisement thereof in the inventory shall be considered as the value thereof. Every executor, curator, tutor or administrator having the Representatives charge or administration of succession property belonging in whole of estates to reor in part to a person residing out of this State, and being a citizen their hands. of any other State or territory, shall be bound to retain in his hands the amount of the tax imposed, and to pay over the same to the State Treasurer, or to the officer appointed by him; in default whereof every such executor, curator, tutor or administrator, and his securities shall be liable for the amount thereof. tain the tax in not to lose their SEC. 14. Curators, administrators, tutors and testamentary executors, who only wish to be absent for a time, ought not to lose their 1847-115. administration on that account; Provided, They leave with some Art. 1145—C. C. person residing in the parish, or in an adjoining parish, where the Administrators succession is opened, a general and special power of attorney to administration represent them in all the acts of their administration, and deposit absence when an authentic copy of the power of attorney before their departure, they leave an in the office of the recorder in and for the parish where said succession has been opened, which power of attorney shall be duly registered. on account of agert. what case sure SEC. 15. Whenever it shall be made to appear to the satisfaction of the judge of any of the courts of this State having jurisdiction 1855-365. thereof, that any person who has been appointed to discharge the How, and in duties of administrator, executor, tutor, curator or of any fiduciary ties may be retrust whatever, is unable to give security in the parish, then and in ceived residing such a case the judge shall have power to order that sureties residing in any other parish be received. out of the parish SEC. 16. From and after the passage of this act the securities on 1839-174. the bonds of any administrator, executor, curator or tutor, in any Formalities to parish in this State, shall have the right to be released from any be complied further liability on said bond, by causing their principal to be cited on certain bonda into the District or Parish Court, in the parish where the parties being released. with by sureties On proof made tration, princi of maladminis pal bound to furnish new another administrator, etc., reside, by petition, setting forth their fears that said administrator, executor, curator or tutor is mismanaging the estate under his charge, and that they are in danger of being injured seriously by his conduct, and praying that he shall be required to give new security. SEC. 17. On due proof being made of maladministration by such administrator, executor, curator or tutor thus cited, the court shall require him to give a new bond, with other sufficient security for the faithful administration of the said estate, and upon failure bond; otherwise to do so, within three days after such order, he shall be forthwith removed from the administration thereof, and the judge shall appointed in his proceed at once to the appointment of another administrator, executor, curator or tutor, who shall be required to give security in manner and form as now required by law, and this being done, the Release of the former securities on the bond shall be released from all liability for any maladministration of such administrator, executor, curator or tutor, from and after the execution of the new bonds with security as aforesaid. place. sureties when it takes place. 1865-20. Extra session. Administrator's sales, by whom made. 1866-42. SEC. 18. All sales of property of succession, of property belonging to minors, or in which minors are interested, of property of interdicted persons and property surrendered, made pursuant to an order or decree of any court of this State, may be made either by the sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale, to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, or the syndic of the insolvent, as the case may be. SEC. 19. No suit shall be instituted against any security on any appeal bond, nor on the bond of any administrator, tutor, curator, executor, or syndic, until the necessary steps shall have been taken when instituted. to enforce payment against the principal. ministrators Designation of the official journals. 20 Title of suit to be inserted........ 24 IN NEW ORLEANS. 20 Parochial and municipal advertise 1868-8. SEC. 20. In any of the parishes of this State other than the parish Designation of of Orleans, the Governor, Lieutenant Governor, and Speaker of the House of Representatives, or a majority of them, shall select and the official journals. contract with journals published in such parishes to publish either the laws of the State, or the journals of the General Assembly, or both, as may be deemed necessary and proper, and also be and hereby are empowered to designate certain journals to perform and publish the parochial and judicial printing and advertising of the parishes respectively in which such journals may be published. In case no paper is published in any parish of this State, such publication may be authorized to be made in a paper published nearest thereto. Such selection and contract shall be for the same period All parochial and judicial prescribed by the second section of this act. Each paper so con- printing and adtracted with shall be the official journal of the parish wherein it vertising to be shall be published, and all parochial and judicial printing and made in them. advertising for or in said parish shall be done by and published in said journal, and after such selection and contract, and notice. thereof to the police jury, clerk of court and sheriff of said parish, every publication and advertisement in any other paper than the one so selected shall, during the term of such selection and contract be null and void for any legal purpose. Compensation SEC. 21. For all matter published in the official journal in obedience to the provisions of this act, the State Printer shall be allowed for advertiseone dollar per square for each insertion. A square shall consist of the space of ten lines solid agate. ments. in French and SEC. 22. It shall be the duty of the sheriff or other officer making the advertisement, to publish it in the English language only, except 1855-89. when the defendant in the judicial process, or the person directing Advertisements the sale, shall request it to be published in the French language English. also, except in the parishes of St. Landry, Calcasieu, Lafayette, Vermilion, St. Martin, St. Mary, St. Bernard, West Baton Rouge, St. Charles, Lafourche, Avoyelles, Natchitoches, Plaquemines, St. James, Assumption, Ascension, Terrebonne, Pointe Coupée, Iberville and St. John the Baptist, in which parishes they shall be published in both the English and French languages. 1855-80. SEC. 23. In all cases when it is required by law that orders, notices or advertisements of any kind, by any public officer, shall be inserted in public newspapers, such publications and insertions shall Publication in a be as valid when made in supplements to newspapers, as if the same paper valid. had been made in the newspaper sheets. supplement to a Art. 668-C. P. SEC. 24. In all advertisements of sales of property under execu- 1860-168-14. tion, the sheriff shall be bound to insert the title of the suit in which Title of suit to the writ is issued. be inserted. IN NEW ORLEANS. municipal ad SEC. 25. In addition to the other duties herein imposed upon the State Printer, he shall be required to publish in his official journal 1868-8. all judicial advertisements required by law to be published in the Parochial and parish of Orleans, including sheriffs' and constables' sales, notices of vertisements. elections, succession notices, and all proceedings and orders of any court that may be ordered published in said parish, whether in the English or French language, or both; also all municipal advertisements of every description whatsoever of the corporation of the city of New Orleans, whether the same may be authorized by a law of the State, an ordinance of the Common Council, or by any officer or department of the city government; and any such publication or advertisement, whether parochial or municipal, shall be utterly null Proviso. Manner of ren. and vord, unless so published in the official journal; Provided, That advertisements in the city of New Orleans may be published in one or more additional papers, whenever, in the opinion of the Common Council, the public interest may demand such additional publication. And the sheriff of the parish of Orleans is hereby authorized to insert notices of elections in one or more papers in addition to the official journal. SEC. 26. The State Printer shall render once in each month, to the Auditor of Public Accounts, a detailed statement of all the dering accounts printing and advertising done for the State, for either House of the General Assembly, or any officer or department of the State government, and the said Auditor shall examine the same, and, if he find it to be correct, shall audit the said account, and draw his warrant on the State Treasurer for the payment of the same. It shall be the duty of the State Printer, upon the payment of the printer's fee, to file in the clerk's office of the court having jurisdiction, his affidavit, with a copy of any judicial advertisement ordered by said court to be published appended, together with his receipt for the payment of the printer's fees, paid by the party at whose instance or for whose benefit such advertisements shall have been made, to be collected as other costs, which affidavits shall give the dates of the paper in which the advertisements appeared, and be filed and recorded by the clerk as the legal evidence of the publication of the same, to be read, or a certified copy thereof, in all courts of law or equity; and no other evidence of such publication shall be required or allowed. The State Printer shall render once in each month to the Controller of New Orleans a detailed statement of all advertising done for the corporation of New Orleans, or any department or officer thereof; and it shall be the duty of the said Controller to examine the same, and if found correct he shall immediately give his warrant on the city treasurer in payment; and it shall not be necessary for any other officer or department of the city government to examine or approve said account. Municipal rinting. SEC. 27. It shall be the duty of the State Printer to perform all printing of every description for which the city of New Orleans may be chargeable at the rates fixed by section twenty-two of this act, and he shall be paid therefor in the manner prescribed in the preceding section for the payment for municipal advertisements. SEC. 28. In all cases appealable to the Supreme Court, it shall be 1831-14-8. the duty of the judge to deliver his charge to the jury in writing, if the counsel of either party require the same. Art. 515-C. P. Duty of judge in appeals. SEC. 29. Articles five hundred and seventy-three and seventy-four shall be so amended that the party intending to appeal may do so, 1843-40-1. either by petition or by motion in open court, at the same term at Arts. 573 and which the judgment was rendered; in which last case the judge shall 574-0. P. fix the security, and cause the same, with the order granting the ap- and how made. peal, to be entered upon the minutes of the court; and when an appeal has been granted on motion in open court, no citation of appeal or other notice to appellee shall be necessary. Appeals, when 1843-40-2 Arts. 575 and ment sufficient SEC. 30. Articles five hundred and seventy-five and six hundred and twenty-four shall be so amended, that whenever an answer has been filed in a suit in which the defendant has had personal service 624-C. P. made upon him, to appear and file his answer, or when a judgment Signing judghas been rendered in a case after answer filed by the defendant or by notice when ap his counsel, the party cast in the suit shall be considered duly noti- peal is taken in fied of the judgment by the fact of its being signed by the judge; otherwise notice Provided, That in the country parishes, no execution shall issue in necessary. cases where an appeal lies until fifteen days after the ajournment of the court by which the judgment was rendered, within which delay open court; |