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such party's appearance to answer the petition and abide the final order of the court thereon.

writing in cases

SEC. 1806. Upon an accusation of fraud, the creditor who shall have brought the same, shall have the right to interrogate the insol- Debtors may be vent debtor, and to put to him such written questions on the state of interrogated in his affairs, aud the several transactions in which he may have been of fraud. engaged, as he shall think proper; and the debtor shall answer in writing, in a pertinent and distinct manner; and every insufficient answer on his part shall be construed against him.

SEC. 1807. If the jury, summoned for the purpose of deciding on

debtors c n

the accusation of fraud brought against the insolvent debtor, declare Penalty again t in their verdict that he has been guilty of fraud, the insolvent debtor victed of fraud. shall forever be deprived of the laws passed in favor of insolvent debtors in this State, and shall be sentenced to imprisonment for a term not exceeding three years; and if it shall appear that the debtor has only been guilty of conferring an unjust preference or advantage upon another bona fide creditor, whose demand was actually due, such defendant may be relieved from imprisonment by paying the complaining creditor, or repairing the injury or fraud complained of; and in case the jury or court shall find the charges imprisoned may against the debtor unfounded, and that he has proceeded, without reasonable ground of suspicion, they may impose such damages against the party complaining, as may be reasonable and just.

.

The creditor who may proceed against his debtor under the provisions of this and the three preceding sections, may, in the same action, proceed against the party in favor of whom the defendant may have made the sale, mortgage, pledge, assignment or payment complained of; and the court may render judgment against such third party, according to law.

SEC. 1808. Any debtor who shall, within three months next preceding his failure, have sold, engaged or mortgaged any of his goods and effects, or shall have otherwise disposed of the same, or confessed judgment, in order to give an unjust preference to one or more of his creditors over the others, shall be debarred from the benefit of the insolvent laws, and the said deed or acts shall be declared null and void.

If the purchaser of such property shall prove that the property was either sold or engaged to him for a true and just consideration, by him bona fide delivered at the time of such deed, then, and in that case, the sales and mortgages shall be declared valid.

How debtors

be relieved.

who are debar

red from the benefit of the

insolvent laws.

prived o the

SEC. 1809. All defaulting receivers of public funds of any kind, and all unfaithful depositaries shall be deprived of the benefit of all Defanters deacts passed for the relief of insolvent debtors; also all those whose benefit of the losses shall have been occasioned by gambling, dissipation or debauch.

insolvent laws.

creditors refuse

SEC. 1810. If, on the day appointed for the meeting, the creditors, although duly summoned, do not attend, or refuse to Duty of the appoint a syndic, it shall be lawful for the judge, on a certificate of judge when the the notary or other public officer, in whose office the meeting was or neglect to apheld, stating that the creditors did not attend, or would not appoint point a syndic. a syndic, to authorize the sheriff to perform in every respect the functions of syndic, unless any of the creditors should choose to take that charge, in which case the judge shall appoint the creditor for that purpose, on his giving bond with good and sufficient security according to law.

Sheriff may act

as such.

1

Cert in duties

SEC. 1811. The syndic, without any authorization from any court for that purpose, is authorized to sue and be sued in everything which respects the rights and actions which may belong to the without the au- insolvent debtor, and which may concern the mass of creditors; and

which syndics

may exercise

thorization of

the court.

Corporeal

rights, how dis

posed of.

Incorporeal

rights, how disposed of.

syndics are authorized to re

finally he shall make a distribution of the proceeds of the property, agreeably to the discretions of the court.

SEC. 1812. The property ceded, excepting incorporeal rights, shall be ordered by the court to be sold at public auction, at such times and places and upon such terms and conditions as may be determined by the creditors; and incorporeal rights, actions and credits may also be sold by public auction, by virtue of an order of the court before which the proceedings are depending, to be made upon the petition of the syndic, setting forth the reasons which may render such a mode of disposition advisable.

SEC. 1813. The syndic, for the purpose of effecting the sale of the Cases in which property assigned, shall be authorized to give a release of the mortgages existing on the property in favor of any of the creditors. lease mortgages. He shall keep in his hands the proceeds, subject to the same rights in favor of the mortgage creditors, which they had in the property itself.

SEC. 1814. In case of vacancy in the office of syndic, by removal Vacancy of syn- or otherwise, a meeting of the creditors to fill the vacancy shall be ordered.

dic, how filled.

when

SEC. 1815. When the time arrives when a dividend shall be Tableau of dis- declared, or the syndic shall be called on by any creditor to make a tution, Wade showing of the amount of funds in his hands, if it shall appear that the syndic has funds to distribute, he shall make out a tableau of distribution within ten days next following the day of filing the statement of his account in the clerk's office, containing the names of the several creditors of the insolvent debtor, and mentioning the sums which are due to them respectively; and the tableau shall besides contain the distribution of the sum to be divided among all the creditors in following the order of privileges or mortgages, if any they have, or proportionally if they are ordinary creditors; and the syndic shall deposit the tableau in the clerk's office; the clerk shall notify the creditors thereof according to law.

SEC. 1816. All the suits which may have been brought anterior to the failure, shall be transferred to the court in which the insolvent all suits brought debtor shall have presented his schedule, and shall be continued

Disposition of

anterior

failure.

for absent cred

against his syndic.

SEC. 1817. The fees of the counsellor who shall be appointed to Fees of attorney represent the absent creditors, shall in no case be paid by the mass of itors, by whom creditors, but shall be levied on the amount which shall be recorded for the account of the absent creditors, at the rate of five per cent.; Provided, That in no case shall the fees exceed the sum of two hundred and fifty dollars.

paid.

Commissions

allowed to syndics, how determined.

SEC. 1818. The creditors may, in their deliberation, at the time of electing a syndic, determine the rate and amount of the commissions to be received by him; and such determination shall be valid and binding upon the syndic who shall accept the trust.

In no case shall the syndic be entitled to receive greater commissions than at the rate of five per centum upon the net amount of money received; when the commissions of the syndic have not been fixed by the deliberation of the creditors, commissions shall be allowed at the following rates, to wit: five per cent. upon a sum not exceeding fifty thousand; three per cent. upon sums above fifty thousand

and not exceeding one hundred thousand dollars, and two per cent. upon all sums exceeding one hundred thousand dollars. And provided further, That the commissions shall be allowed only on such net sums of money as shall actually come to their hands, or be disbursed and distributed by them.

1855-42.

discharged

SEC. 1819. Any debtor who may be imprisoned under a writ of Debtor may be arrest, and against whom no charge of fraud is pending, may be dis- from arrest by charged from arrest, by making a surrender of his property to his making a surcreditors.

renuer.

money collected

bank.

SEC. 1820. All executors, administrators, curators and syndics, shall deposit all moneys collected by them, as soon as the same shall 1855–78. come into their hands, in one of the chartered banks of this State, Executors, etc., to deposit 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 by them in 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, Penalty for fallwith 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.

ing to do so.

account of funds on hand when

ever required.

SEC. 1821. Any creditor or other person interested may, at the regular sittings of the courts in New Orleans, and in the country, as To exhibit an well during the vacation as the sitting of the court having jurisdiction, file in the clerk's office 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.

1843-51. Article 3053, C.

SEC. 1822. Article three thousand and fifty-three shall be so amended that the opinion of the majority of the creditors, in number P. amended. and amount, shall prevail.

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the inspectors or their clerks....1836 Inspectors prohibited from dealing

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Certificate of inspection.. ........1835 Fees for inspection, etc...........1857
Temporary receipts to be given by Penalties, how appropriated

.....

1858

INSPECTION OF FLOUR IN THE CITY OF NEW
ORLEANS.

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Five inspectors to be appointed by

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inspection fees are paid.... .1856 Inspection to be voluntary.....

...1873

INSPECTORS OF TOBACCO.

1855-438.

SEC. 1823. There shall be appointed by the Governor of the State, by and with the advice and consent of the senate, ten Inspectors of

Ten tobacco in- Tobacco for the city of New Orleans, to be denominated the "New

spectors to be

⚫ppointed.

Orleans Board of Tobacco Inspectors."

rity.

SEC. 1824. They shall be appointed for the term of four years, shall take an oath faithfully to discharge the duties of the office, as Term of office. prescribed by law, and shall give bond to the State for the sum of Oath. ten thousand dollars (with two sureties for five thousand dollars, Bond and secueach good for the amount, to be approved by the Treasurer of the State), for the faithful performance of their duties while in office; and each person offering himself as security shall take an oath before some competent magistrate that he is worth what he is surety for, and said surety shall be liable on said bond, not only to the State, but to all persons who shall have suffered damage by the wrongful act, neglect or inattention of the inspectors.

spectors.

SEC. 1825. It shall be their duty to organize themselves as a board, appointing one of their own number as president of the board Board of Inand another secretary. Seven members shall constitute a quorum. The board of inspectors shall have a common seal. In the absence of the president or secretary, the board shall name a president or secretary pro tempore. The president and secretary shall be chosen yearly, and allowed each two hundred dollars per annum for their services.

president and

SEC. 1826. It shall be the duty of the president to call meetings of the board, and preside over their deliberations. It shall be the Duty of the duty of the secretary to record their proceedings, and in such manner secretary, as to show the vote of each member upon questions submitted to the board.

SEC. 1827. All contracts of the board shall be submitted to them, and shall be approved of by a majority of the whole number of inspectors.

botted to the board.

All contracts

Rules and by.

SEC. 1828. They shall have authority to make rules and by-laws for the regulation of the members in the discharge of their duties, laws. which by-laws shall not be inconsistent with the laws and constitution of this State and of the United States.

be provided by

SEC. 1829. It shall be the duty of the board to provide suitable warehouses in the city for the storage of tobacco at the lowest rates Warehouses to at which they can be obtained, two of which shall be located in the the board. Fourth District; which warehouses shall be fire-proof, and floored with plank two inches thick, and provided with a sufficient number of presses, and shall be located at such point as will be most convenient for the reception of tobacco, and for the convenience and interest of those engaged in the tobacco trade.

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whom received.

SEC. 1830. When the tobacco is brought to the warehouse, it shall be received by the inspector or inspectors allotted to said Tobacco, by warehouse, or their clerk, who shall immediately mark with ink the warehouse numbers, commencing with one and running to the end of the year, on each end of the cask; when called on by the owner or agent to inspect a lot of tobacco, they shall cause the hogshead or cask to be placed at a convenient distance from the press, and under the eye of the inspector or their clerk, to cause one head of the cask to be taken out; the cask must then be headed upon the open end, and the whole cask be taken from the tobacco and weighed. The weight of the cask being the tare, shall be marked on it with a marking iron.

The inspector shall then have the tobacco broken in four different places, from each of which he shall draw four hans or bundles of tobacco, which shall be tied up neatly and compactly, the bundle from the top breaks forming the first layer of the sample. The

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