!

Penalty for falsely taking the oath.

The right to

be conte ted

such office shall be held to be vacant, and shall be filled as the constitution or laws may provide for filling such vacancies.

SEC. 2556. If any person shall falsely and corruptly take the oath or oaths, in either of the clauses in section 2554 of this act, such person shall, on conviction thereof, be imprisoned at hard labor in the penitentiary of this State for a term of not less than five, nor more than ten years.

SEC. 2557. Taking the oath prescribed in section 2554 of this act, and the issuance of the commission in consequence thereof, and hold office may the taking the constitutional oath of office, and entering upon the notwithstanding discharge of the duties of any office, shall not prevent any person from contesting any such party's right to such office on the ground of his ineligibility, or for any other legal or sufficient reason, by the contesting party pursuing the forms and requirements of law.

the oath.

SEC. 2558. If any person elected or appointed to any office, State Failing to com- parish or municipal, in this State, and who is required to attest bis ply with the po eligibility to office according to the requirements of this act, shall

visions o the

law nullifies official acts.

Not en'itled to pay.

1855-121.

presume to discharge or attempt to discharge the duties of any such office, after the expiration of the time required by this act, within which to file his affidavit in the office of the Secretary of State, all his pretended official acts from that date shall be void; and if his office is in whole or in part, a salaried office, and his right to hold his office be contested, he shall file a bond in the court in which the suit of contest may be instituted, with good and sufficient sureties conditioned, that in case the decision of the court shall be against him he shall pay to the person found to be entitled to said office all the fees, salary and emoluments of said office during the whole time he shall have held the same, and he shall not be entitled to demand or receive any salary of office after that time, nor shall he be entitled to receive any fees of office for services rendered in such office after that time; and any fees so paid shall not discharge the party paying them from paying again to the proper officer.

SEC. 2559. Every attorney at law, before being allowed to practice Oath to be taken in any of the courts of this State, shall take the oath prescribed by law.

1855-125. Auditor to examine witnesses on oath.

An hority of Auminister oaths.

ditor to ad

1855-106.

Quarterly ac

SEC. 2560. Whenever the Auditor may think it necessary for the proper settlement of any account, he may examine the parties and others on oath or affirmation, touching any fact material to be known in the settlement of such account, and for that purpose may issue subpenas or commissions, or compel witnesses to attend before him, and give evidence in such manner and by such means as are allowed by courts of law.

SEC. 2561. He shall have authority and power to administer oaths required and allowed by law, in all matters touching the duties of his office.

SEC. 2562. Every auctioneer in the city of New Orleans shall make out in writing a quarterly account, dated on the last days of count to be ren- March, June, September and December, and shall therein state tioneers of New minutely and particularly:

dered by uc

Orleans and par

First-The sums for which any goods or effects shall have been ish of Jefferson. sold at every auction held by him from the date of his last quarterly

account.

Second-The days on which sales were made, and the amount of cach day's sales.

Third-The amount of all private sales made by himself or any of his partners in commission, and the days on which such sales were made.

Fourth-The amount of duties chargeable on all sales, public or private, mentioned in the account.

Accounts o auc

SEC. 2563. The auctioneers throughout the State, those in the tioneers in the parish of Orleans excepted, shall settle their accounts with the country to b Treasurer annually.

set led annually

auctioneers.

SEC. 2564. Every such account, within ten days after the day on which it is dated, shall be exhibited to, the Auditor of Public Auditor to audit Accounts, who is required to audit, in the city of New Orleans, the the accounts of accounts of any auctioneer of that parish, and charge a fee of five dollars therefor, and every auctioneer exhibiting an account shall His fee for so take the following oath before the Auditor, and auctioneers of the rest of the State shall take it before any justice of the peace of the parish in which they are authorized to exercise their functions:

doing.

"I do solemnly swear (or affirm) that the account exhibited by me, and to which I have subscribed my name, contains a just and Oath. true account of all property of every description, sold or struck off at public sale, or sold by me at private sale on commission, whether subject to duty or not, and the day on which the same was respectively sold; that I have examined the entry of all sales mentioned in said account, in the book kept by me for that purpose, and fully believe this account to be in all respects correct."

SEC. 2565. Such oath shall be reduced to writing, be indorsed on the account, and be subscribed by the auctioneer taking it; and Payment to be every auctioneer of the parish of Orleans, within ten days after he made into the shall have exhibited his account as aforesaid, shall pay for the use of the State, into the treasury thereof, the duties accrued on the sales mentioned in the account.

treasury.

no sales to take

SEC. 2566. Every auctioneer who, within the period limited for Auctioneers his accounting, shall have made no sales, public or private, of any who have made property, real or personal, liable to auction duties, shall make and an affidavit to subscribe an affidavit of those facts before the Auditor or justice of that effect. the peace.

SEC. 2567. In all cases where by any provision of the Code, an 1839-168-16. oath of a party is required, it may (in case of the absence of said Art. 216, C. P. party) be made by his agent or attorney; and in such case it shall at by attor be sufficient for the agent or attorney to swear to the best of his knowledge and belief.

ney or agent in

certain cases.

1826-168-5.

Arts. 216 and 217, C. P.

SEC. 2568. The oath, required by articles two hundred and sixteen and two hundred and seventeen, may be taken before any judge or justice of the peace, or clerk of court, and all oaths required to be taken in case of arrest of the debtor, or in order to obtain the orders Before whom of attachment, provisional seizure, sequestration of the debtor's oaths may be property, or injunction, shall be administered by the persons above cases. mentioned.

taken in certain

maturity of debt

SEC. 2569. Articles two hundred and forty-two, two hundred and forty-three, and two hundred and forty-four, of the Code of Practice, 1826-180-7. shall be so amended, that in cases where the debt or obligation is Arts, 242, 243 and 244, C. P. not due, it shall be lawful for a writ of attachment to issue, whenever Attachment to the judge shall be satisfied by the oath of the creditor or his agent issue before of the existence of the debt, and upon the creditor or his agent in certain cases. taking the oath to either of the requisites in number one, two and 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

1839-164-5.

Art. 243, C. P.

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.

SEC. 2570. Article two hundred and forty-three shall be so amended, that in lieu of the oath prescribed by that article, it shall be sufficient for the creditor to swear to the existence of the debt Oath in case of 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.

absence or concealment of

dǝbior.

1828-38-1.

Art. 244, C. P. Oath by agent or attorney to

the best of his knowledge and

belief.

1839-166-13. 1840-43-1.

Art. 246, C. P.

Oath necessary

SEC. 2571. The two hundred and forty-fourth article shall be so amended, that the oath required to authorize the issuing of an attachment in the cases where the debt is already due, may be made by the agent or attorney of the creditor, to the best of his knowledge and belief.

SEC. 2572. Whenever a party, plaintiff in a cause, has applied for a writ of fieri facias against the defendant, and has reason to believe that a third person has property or effects in his possession, or under his control, belonging to the defendant, or is indebted to him, he for garnishment may cause such third person to be cited to answer under oath such interrogatories as may be propounded to him, touching the property and effects, or such indebtedness, in the same manner and with the same regulations as are provided in relation to garnishees, in cases of attachment.

The party gar nisheed bound

to answer interrogatories.

1839-172-22. Art. 287, C. P. Writ of provisional seizure.

1855 451. Oath to the members and

officers of the

General Assembly, by whom administered.

Such third person shall thereupon be bound to answer in the same manner, and shall be liable in the same manner for his neglect or refusal to answer, and his answers may be disproved in the same manner as those of garnishees; in case such third person shall confess in his answers that he has property or effects in his possession, or under his control, belonging to the defendant, or is indebted to him in any sum of money, the court shall order him forthwith to deliver up the property or to pay such sum, (if the same be due, and if not, when the same shall be due), to the sheriff; and a copy of the order, with the receipt of the sheriff indorsed thereon, shall be delivered to the third person, and shall be deemed equivalent to a receipt from the debtor himself; the property and effects, in the possession of a third person, belonging to the defendant, or debts due by him to such defendant, shall be decreed to be levied by the sheriff, as from the date of the service of interrogatories on such persons.

SEC. 2573. Article two hundred and eighty-seven shall be so amended that a lessor may obtain a writ of provisional seizure even before the rent be due-and it shall be sufficient to entitle the lessor to the writ, to swear to the amount which he claims, whether due or not due, and that he has good reason to believe that the l see will remove the furniture or property on which he has a lien or privilege out of the premises, and that he may be thereby deprived of his lien; Provided, That in case the rent be paid when it falls due, the cost of the seizure shall be paid by the lessor, unless he prove that the lessee did actually remove or attempt or intend to remove the property out of the premises.

SEC. 2574. At the first session of the General Assembly, after every general election of Representatives, the oath or affirmation required by law shall be administered by any member of the House of Representatives to the Speaker, and by him to all the members present, and to the Clerk, previous to entering on any other business, and to the members who shall afterwards appear, previous to taking

their seats. The same oath or affirmation shall be administered to every President of the Senate by any member of the Senate, and by said President to the Secretary, and to every Senator who shall be elected, previous to taking his seat.

House to send

pape s

SEC. 2575. Either House shall have authority to send for persons and papers, and to compel their attendance or production whenever Power and annecessary in the investigation of any matter before them. The chair- thority of either man of any committee of the Senate or House of Representatives, for persons and or any joint committee composed of members from both branches Chairman of of the Legislature, or the person acting as chairman of any such committee aucommittee, shall be authorized to administer the oath to any witness thorized to adwho may be called before them to testify in relation to any subject under their consideration to them referred by their respective Houses. SEC. 2576. The foremen of the grand juries of this State may Foremen of administer the oath required by law, to all witnesses brought before grand juries them during their respective sessions.

minister oaths.

1855-305,

may administer

ca.hs.

by parish treas

SEC. 2577. No parish treasurer shall be allowed credit for any voucher he may present in the settlement of any account, until he 1855-34. shall have first taken an oath or affirmation that he has paid the full Oath to be taken amount of such voucher in money, or that he has received the same urer. in payment of parish dues, and that he has not speculated thereon himself, nor has he been directly or indirectly interested in any speculation that may have been made in its acquisition.

SEC. 2578. No claim against any parish shall be received by any parish treasurer from any collector of taxes, unless the collector Oath to be taken shall make oath or affirmation (said oath to be administered by the by tax collectors treasurers of the several parishes) that he has paid the full amount expressed on the face of such claims, and that he has not, directly nor indirectly, speculated in the public money.

1868-53.

SEC. 2579. The Secretary of State of the State of Louisiana be, Power of Secre and he is hereby authorized and empowered to administer oaths tary of State to in all cases where it is legal to do so under the laws of this State.

administer oaths.

Corporations

SEC. 2580. The different municipal corporations in this State shall 1855-45. be liable for the damages done to property by mobs or riotous rendered liable assemblages in their respective limits."

for dam ges.

tion may be

SEC. 2581. In all cases where any corporation shall commit 1855-485. trespass or do anything for which an action for damage lies, it shall When a corpora be liable to be sued in the parish where such damage is done or sued in cases of trespass committed.

trespassers.

SEC. 2582. Article twenty-two hundred and ninety-four of the 1855-270. Civil Code of Louisiana, which reads, "Every act whatever of man Damages.

Art. 2294, C. C.

508

1828-160.

Clients not re

1: nderous or

OATHS.

that causes damage to another, obliges him by whose fault it happened to repair it," be re-enacted and amended so as to read, "Every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it; the right of this action shall survive in cases of death in favor of the minor children and widow of the deceased or either of them, and in default of these, in favor of the surviving father and mother or either of them, for the space of one year from the death."

SEC. 2583. From and after the passage of this act, no client or other person shall be held to be liable or responsible for any sponsible for the slanderous or libelous words uttered by his attorney at law, but libelous words attorneys at law shall be liable and responsible themselves for any neys, but attor slanderous or libelous words by them uttered, any law to the neys themselves contrary notwithstanding.

of their attor

liable.

1844-14.

SEC. 2584. Article two thousand three hundred and four of the Art. 2304, C. c. Civil Code be and is hereby so amended as to make the English of said article correspond with the French and so as to make co-trespassers liable in solido.

Cotrespas ers

responsible in Solido.

ELIGIBILITY.

1863-46.

To subscribe to

SEC. 2585. Before any person elected or appointed to any office,

cath of office be State, parish, or municipal, in this State, shall be commissioned by the Governor (with a view to testing the eligibility of any such

fore receiving

commi sion.