24 1855-42. Debtor may be SEC. 85. Any debtor who may be imprisoned under a writ of arrest, and against whom no charge of fraud is pending, may be discharged from discharged from arrest, by making a surrender of his property to ing a surrender. his creditors. arrest by mak Debtor discharged from bond, etc. SEC. 86. He may also be discharged from arrest by giving to the sheriff his bond for a sum exceeding by one fourth that which is arrest by giving demanded, with the security of one good and solvent person, conditioned that he will not depart from the State for the term of three months. When arrested on a charge of fraud, the condition of the bond shall be, that if the fraud complained of be established, the security shall be liable for the debt due the complaining creditor, in case the debtor shall have departed from the State, without leave of the court. Non-residents not to be arrested unless they Lave absconded. Bail authorized to give up defendant. Mode of proceeding. The body of de fendant to be delivered in court or to the sheriff. preventing bail SEC. 87. No non-resident shall be arrested in this State at the suit of a resident or non-resident creditor, except in cases where it shall be made to appear, by the oath of the creditor, that the debtor has absconded from his residence. SEC. 88. In all civil suits instituted in any of the courts of this State, in which the defendant shall have been held to bail, the bail shall be authorized to deliver up the defendant in discharge of his recognizance or bail bond, at any time. SEC. 89. Whenever the bail of any defendant in any suit shall be desirous to deliver up the defendant, he shall apply to the judge of the court in which the suit may be pending, for a cepi corpus, or certificate that the defendant has been delivered to him on bail, which certificate shall be a good and sufficient warrant to the bail, or any person duly authorized by him, to arrest the defendant wherever he may be found, for the purpose aforesaid. SEC. 90. Whenever any bail shall have arrested such defendant, he may produce his body, and deliver him up to the court in which the suit may be pending, if in session, who shall commit him to the custody of the sheriff, and cancel the bail bond; or, if the court shall not be in session, the bail may tender the body of the defendant to the sheriff of the parish, together with his authority for delivering him up, which sheriff shall be bound to receive such defendant into his custody, to be dealt with in all respects as if he had never been bailed, and shall deliver to the bail his receipt for the body of the defendant, which receipt shall entitle the bail to have his bond canceled, upon exhibiting the same to the court where the suit may be pending. SEC. 91. Whoever shall forcibly oppose, obstruct or prevent any Punishment for bail, or his agent duly appointed, from arresting any such defendfrom arresting ant, or shall forcibly rescue, or attempt to rescue him after he shall have been arrested, shall be liable, on conviction thereof, to all the pains and penalties that are by law prescribed for opposing, obstructing or preventing sheriffs from executing process, and shall, defendant. moreover, be liable to the bail for all damages he may sustain by reason of such forcible opposition, obstruction or rescue. SEC. 92. No debtor shall be kept in confinement at the suit of any Allowance to be creditor, unless he shall pay the keeper of the jail three dollars and paid for debtors fifty cents a week, in advance, for the use of the debtor. in confinement. Plaintiff to amount claimed and that he believes defendto leave the is really due, SEC. 93. Article two hundred and fourteen of the Code of Practice is amended and re-enacted so as to read as follows: "Previous 1856-80. to obtaining an order of arrest against his debtor to compel him to Art. 214—C. P. give sufficient security that he shall not depart from the State, the swear that creditor must swear in the petition which he presents to that effect, to any competent judge, that the debt or damages which he claims, and the amount of which he specifies, is really due to him, and that he verily believes that the defendant is about to remove from the State, permanently, without leaving in it sufficient property to satisfy his demand, and that he does not take this oath with the intention of vexing the defendant, but only in order to secure his demand." The creditor, his agent or attorney in fact praying such arrest, must, besides, annex to his petition his obligation in favor of the defendant for a sum exceeding by one-half the amount of that which he claims, with the surety of one good and solvent person, residing within the jurisdiction of the court, as a security for the payment of such damages as the defendant may recover against him, in case it should be decided that the arrest was wrongfully sued out. SEC. 94. So much of article two hundred and eleven of the Code of Practice as goes to exempt from arrest emancipated minors for debts legally contracted by them after emancipation, be repealed. SEC. 95. The affidavit required by the two hundred and fourteenth article of the Code of Practice may be written either at the foot of the plaintiff's petition or annexed to the said petition. SEC. 96. The orders of arrest, attachment, sequestration, provisional seizure, and injunction, as well as the commissions to take the deposition of witnesses in civil matters, shall be issued by the judge before whom the case is brought; Provided, That the parties applying for the same comply with the formalities prescribed by law to obtain any of the above mentioned orders. ant to be about State. Bond. 1826-168. Art. 211-C. P. Emancipated minors not ex cepted from arrest for debts. 1928-150. Affidavit to be written at the foot of petition or annexed to it. 1828-158. orders of arrest, etc., to be issued arties to comply with legal by the judge. formalities. before any SEC. 97. The oath required by articles two hundred and sixteen and two hundred and seventeen of the Code of Practice, may be 1528-168. taken before any judge or justice of the peace, or clerks of courts, Oath to be taken and all oaths required to be taken in case of arrest of the debtor, or judge, clerk of in order to obtain the orders of attachment, provisional seizure, of the peace. sequestration of the debtor's property, or injunction, shall be administered by the persons above mentioned. court or justice o principal, SEC. 98. In all cases, when by any provision of said Code an oath 1839-108. is required, it may (in the case of the absence of said party) be Oath, in absence made by his agent or attorney; and in such case it shall be sufficient may be made by for the agent or attorney to swear to the best of his knowledge and agent or attor belief. ney. SEC. 99. The time given by article two hundred and twenty-seven 1826-163. of the Code of Practice shall be twenty instead of ten days for Time of exceptexcepting to the securities taken by the sheriff; and, out of the first ing to sureties judicial district, instead of moving for a rule of court, the plaintiff ed to twenty may make his exceptions before the judge in chambers. of bond extend days. Code of 1839-162. SEC. 100. Article two hundred and thirty-five of the surety on th Liability of the Surety on debt debtor's bond. against whom a motion shall have been made to render him liable or's bond to be for the amount of the judgment given against the debtor, shall be tried summarily tried summarily and without the intervention of a jury, unless the said surety shall allege, under oath, that the signature of the bond, signature is dis- purporting to be his, is not genuine, or that the judgment has been satisfied. and without jury, unless puted or judgment satisfied. 1828-150. Attachments, etc., may be the filing of the SEC. 101. In all cases where attachments, arrests, and sequestration are demandable, the plaintiff, his agent, or attorney, having made affidavit and given bond in conformity to law, and having filed granted before the same in court, it shall be the duty of the judge to order forthwtih the process required, without any petition being presented; but the usual petition shall be filed on the day succeeding that on which the next day, except said process shall have issued, except in cases where a Sunday, Fourth of July, or Eighth of January shall be the succeeding day; then on the day next succeeding such Sunday, Fourth of July, or the day follow. Eighth of January; and the sheriff shall proceed to execute said process according to its tenor. in case of certain holidays, and then upon ing the holiday. 1855-432. Debtors charged be arrested SEC. 102. Any creditor who may justly believe that he has good cause of complaint, may appeal to a competent judge, who may with fraud may thereupon order the arrest and confinement of the party complained of, until he shall give bond, in a sum to be fixed by the judge, with one or more solvent sureties residing in the State, conditioned for such party's appearance to answer the petition and abide the final order of the court thereon. under the insolvent laws. 18:9-162-4. Art. 240-C. P. SEC. 103. Article two hundred and forty of the Code of Practice "Permanently" shall be so amended that the words "never again to return," be stricken out, and the word "permanently inserted in lieu thereof. in lieu of "never again to re turn." 1826-170-7. Arts. 242, 243 SEC. 104. Articles two hundred and forty-two, two hundred and forty-three, and two hundred and forty-four of the Code of Practice, shall be so amended that, in cases where the debt or obligation is not yet due, it shall be lawful for a writ of attachment to issue, the issue of the whenever the judge shall be satisfied by the oath of the creditor, or his agent, of the existence of the debt, and upon the creditor or his agent taking oath to either of the requisites in number one, two, or and 244-C. P. Requisites for writ of attach ment. three of article two hundred and forty, and complying with article two hundred and forty-four, and, moreover, swearing that the debtor is about to remove his property out of the State before the debt becomes due, it shall be sufficient for the oath required to be taken by the agent, to be to the best of his knowledge and belief; and it shall be deemed sufficient for the creditor, in order to obtain an attachment, to make the oath required to be taken by him in conformity to any of the requisites of number one, two, or three of article two hundred and forty. Art. 213-C. P. SEC. 105. Article two hundred and forty-three shall be so amended, that in lieu of the oath prescribed by that article, it shall 1839-164-5. be sufficient for the creditor to swear to the existence of the debt demanded by him, and that he verily believes that the debtor has left the State permanently, or that he resides out of the State, or conceals himself so that citation can not be served on him. SEC. 106. The two hundred and forty-fourth article shall be so 1828-38-1. amended, that the oath required to authorize the issuing of an Art. 244-C. P. attachment in cases where the debt is already due, may be made by Oath of agent or the agent or attorney of the creditor, to the best of his knowledge attorney. and belief. surety after ten SEC. 107. Article two hundred and fifty-nine of the Code of Practice shall be so amended, that in case of attachment, when the 1839-162-3. defendant has given his obtigation with security, as by the article Art. 259-C. P. provided, and fails to satisfy the judgment rendered against him, Plaintiff to have the plaintiff may, on the return of the sheriff that no property has against debtor's been found, and on exhibiting to the court the obligation duly trans- days' notice. ferred to him, obtain judgment against the surety on the obligation, upon motion, after ten days' previous notice to the surety, which motion shall be tried summarily and without the intervention of a jury, unless the surety shall allege, under oath, that the signature to the bond, purporting to be his, is not genuine, or that the judgment has been satisfied. Property re In all cases where property attached, sequestered or provisionally 1839-168-18. seized shall be released on the defendant executing a bond with leased upon security, the sheriff shall be bound to return the bond so taken by him into court. bond with security. to object to inbond limited to The plaintiff shall have the right to object to the insufficiency of the security on such bonds only within twenty days after the bond Plaintiff's right is filed in the clerk's office; and in case the security on the bonds sufficiency of should be declared insufficient, the sheriff shall be liable as security on twenty days the bonds. The bond shall be assigned by the sheriff to the plaintiff. from filing. Article two hundred and fifty-nine of the Code of Practice, shall be amended so as to read thus: The defendant, if he appear either in person or by his attorney, may, moreover, in every stage of the suit, have the attached property released by delivering to the sheriff his obligation for a sum exceeding by one-half the value of the property attached, with the surety of a good and solvent person residing within the jurisdiction of the court where the action was brought, that he will satisfy such judgment to the value of the property attached, as may be rendered against him in the pending suit. 1852-155-1. SEC. 108. Advocates appointed by the judge to represent absent defendants in cases of attachment, shall be entitled to the sum of 1857-84. ten dollars as a fee, to be taxed as costs, which, upon application Appointment and proof to the court, may be increased in proportion to the vocates. services rendered. and fees of ad 1868-202. Additional ground for attachment. Oath and bond of creditor. SEC. 109. Creditor may obtain the attachment of the property of his debtor in the following cases, additional to those already provided by law. First-When he has mortgaged, assigned or disposed of, or is about to mortgage, assign or dispose of his property, rights or credits, or some part thereof, with intent to defraud his creditors or give an unfair preference to some of them. Second-When he has converted or is about to convert his property into money or evidences of debt with intent to place it beyond the reach of his creditors. SEC. 110. Creditor shall make oath to the facts upon which he claims the issuance of the writ of attachment in the above cases, and give bond with one solvent resident surety in a sum exceeding by one-half the amount claimed. as is now provided by law. 1855-121. Who may be admitted to practice as attorneys at law. SEC. 111. Any citizen of the United States, possessing the qualifications (except that of residence) necessary to constitute a legal voter, shall be admitted to practice as an attorney at law in any court of this State, upon obtaining a license from the Supreme Court of this State. |