1867-297. Privileges on ships, etc., by canal owners. SEC. 2892. Hereafter the owner or owners of all private canals within the limits of the State of Louisiana shall have a privilege of equal rank with those granted by article three thousand two hundred and four of the Civil Code, on all ships, steamboats, barges, flatboats or other vessels for the yayment of the toll or canal fees. SEC. 2893. Said privilege shall exist on said ships, steamboats, Privilege to con- barges, flatboats or other vessels, for six months from the date the toll or fees became due. tinue six meuths. 1869-146. Taxes a lien, 1855-468. Claim for wood SEC. 2894. All licenses and taxes assessed by law on the property of any person, firm, company or corporation are hereby declared & lien and privilege on the real property of such person, firm, company or corporation for his or their entire tax, any alienation thereof or incumbrance thereon, notwithstanding; and shall exist in favor of the State and parish for the amount of taxes assessed, and shall be paid by preference to all mortgages and incumbrances. SEC. 2895. The claim against steamboat owners for cordwood, shall be the first privilege against steamboats, for and during the to be a privilege. term of eight months from the time that such claim accrues as regards all boats running beyond the limits of the State, and three months for boats running within the limits of the State. Privilege for damages caused SEC. 2896. In all cases where any loss or damage has been caused to the person or property of any individual by any carelessness, by collisions, etc neglect or want of skill in the direction or management of any steamboat, barge, flatboat, water craft or raft, the party injured shall have a privilege to rank after the privileges specified by the Civil Code, article three thousand two hundred and four, and continue for the same length of time, and in the same manner provided for other privileges by the said article of the Civil Code, upon such steamboat, barge, flatboat, water craft or raft, for the amount of the loss or damages sustained, and may proceed by attachment or in rem to recover the same. Before so proceeding, he, or if he be absent, his agent or attorney, shall swear to the amount of the loss or damage sustained, and file a bond, with a good and sufficient security, in favor of the owners of the steamboat, barge, flatboat, water craft or raft, whomsoever they may be, whether their names be known or not, for a sum exceeding by one-half the amount of that which is claimed, as a security for the payment of such damages as the owners may recover against him in case it should be decided that the attachment or proceeding was wrongfully obtained. It shall be sufficient for the oath required to be taken by the agent or attorney to be to the best of his knowledge or belief. 1868-June 9. Privilege of at SEC. 2897. From and after the passage of this act, in addition to the privileges enumerated in title twenty-first of the Civil Code of this State, a special privilege is hereby granted in favor of attorneys torneys on judg- at law for the amount of their professional fees on all judgment.3 obtained by them, to take rank as first privilege thereon. ments. 1855-214. Notes protested to be a lien. 1826-170-9. Arts. 274 and 375 C. P. Sequestration. SEC. 2898. The protest of the notes first protested shall constitute a lien for the benefit of the creditors of the bank upon all the assets of the bank not in the hands of the Auditor. SEC. 2899. In addition to the cases mentioned in articles two hundred and seventy-four and two hundred and seventy-five, the plaintiff may obtain a sequestration in all cases where he has a lien or privilege on property, upon complying with the requisites provided by law. SEC. 2900. Article two hundred and seventy-five shall be so amended that, in addition to cases therein mentioned, a sequestration 1839-164-6 may be ordered in all cases, when one party fears that the other will Art. 275 C. P. conceal, part with or dispose of the movables in his possession, obtained. during the pendency of the suit, on complying with the requisitions of the law. In what cases Art. 287 C. P. SEC. 2901. Article two hundred and eighty-seven shall be so amended that a lessor may obtain a writ of provisional seizure even 1839-172-22. before the rent be due-and it shall be sufficient to entitle the lessor Provisional to the writ to swear to the amount which he claims, whether due or seizure. not due, and that he has good reason to believe that the lessee 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 liens, 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. 2902. Whenever ships or other vessels are provisionally 1939-166-12. seized, the defendant shall be permitted to have the seizure set Art. 289 C. P. aside, on executing a bond in favor of the plaintiff, as in cases of attachment. Seizure of ships, when set aside. creditors to be SEC. 2903. Whenever a conflict of privilege arises between creditors, all the suits and claims shall be transferred to the court by whose Conflict between mandate the property was first seized either in mesne process or on transferred to execution, and said court shall proceed to class the privileges and the court first mortgages according to their rank and privilege, in a summary seizing. manner after notifying the parties interested. PLEDGE. pawning certain SEC. 2904. When a debtor wishes to pawn promissory notes, bills of exchange, stocks, obligations or claims upon other persons, he 1866-266. shall deliver to the creditors the notes, bills of exchange, certi- Manner of ficates of stocks or other evidences of the claims or rights so evidences of pawned, and such pawn so made, without further formalities, shall credit be valid, as well against third persons as against the pledgers thereof, if made in good faith. erty, how SEC. 2905. All pledges of movable property may be made by private writing, accompanied by actual delivery, and the delivery Movable propof property on deposit in a warehouse, shall pass by private assign- pawned. ment of the warehouse receipt, so as to authorize the owner to pledge such property, and such pledge so made, without further formalities, shall be valid, as well as against the third persons, as against the pledgers thereof, if made in good faith. SEC. 2906. If a credit not negotiable be given in pledge, notice Notice to be of the same must be given to the debtor. given. pawned. SEC. 2907. In all pledges of movable property, it shall be lawful for the pledger to authorize the sale or other disposition of the Sale of property property pledged, in such manner as may be agreed upon by the parties, without the intervention of courts of justice. 1839-172-22. Art. 287 C. P. Provisional seizure. 1839-16-12. SEC. 2908. 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 lessee 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. 2909. Whenever ships or other vessels are provisionally seized, the defendant shall be permitted to have the seizure set Seizure of ships, aside, on executing a bond in favor of the plaintiff, as in cases of when set aside. attachment. Art. 289, C. P. 1868-94. Lessee's right to bond. SEC. 2910. In all cases of provisional seizure of furniture or other property at the instance of lessors, the lessee shall be permitted to have the seizure released upon executing a forthcoming bond or obligation with a good solvent security for the value of the property to be left in his possession, or for the amount of the claim with interest and costs. SEC. 2911. The value of the property shall be fixed by the Appraisement. sheriff, or one of his deputies, with the assistance of two appraisers selected by the parties-twenty-four hours' notice being previously given to the lessor or his counsel to select an appraiser. 1868-81. for provisional seizure. SEC. 2912. In addition to the causes for which provisional seizures may now be granted, they may be granted in the following Additional cause case: Laborers on farms or plantations, whether they are employed by the day, month or year, when they sue for their wages, shall have the right to provisionally seize the crop or other thing on which they have a privilege for such employment, by making oath that they verily believe the crop or other thing on which they have a privilege is about to be removed from the farm or plantation or place where it was raised, or ordinarily belongs; or if it has already been removed, that they verily believe the thing is about to be sold or disposed of so as to deprive them of their privilege. 1867-3. SEC. 2913. In addition to the cases in which provisional seizures are allowed by law, the right to such remedy shall be allowed to Additional canse laborers on farms or plantations when they shall sue for their hire, or may fear that the other party is about to remove the crops, in the for provisional seizure. cultivation of which they have labored, beyond the jurisdiction of the court. Art. 289, C. P. SEC. 2914. Whenever ships, vessels, or any other property, are provisionally seized, the defendant shall be permitted to have the 1867-July 6. seizure set aside, on executing his obligation with a good and solvent Seizure of ships, security for whatever amount the judge may determine as being when defendant equal to the value of the property to be left in his possession, or the may have it set condition of said bond to be that he will satisfy such judgment as may be rendered against him or return the property. asido. venor may bond property. SEC. 2915. When the defendant does not bond said property within ten days, the intervenor, claiming the ownership of the property, When interhis agent or attorney, shall have the right to give a similar bond and security to the sheriff, as required in this act from the defendant, and to take the property seized into his possession. PUBLIC LANDS. SECTION. LAND OFFICE AT THE SEAT OF GOVERN MENT. Land office established at the seat of government...... Appointment of register. Oath of office Bond .2916 ..2917 ..2918 ..2918 2929 rants to be issued..............2929 .2932 ..........2934. PRE-EMPTION RIGHTS. Extension of time granted to ac tual settlers in certain cases.....2935 |