1

pensation and certificates of service of jurors; jurors in the parish of Orleans; penalty against grand jurors who fail to make known offenses coming to their knowledge; and duty of Judges to charge specially certain offenses;

Relative to LANDLORD AND TENANT: proceedings before Justices of the Peace, the Parish and District Courts relative thereto; execution of judgment; applicability to sub-lessees; seizure and exemption of property; appraisement of, and right of lessee to bond, property; mode of making leases; and time of obtaining writ of provisional seizure;

Relative to the Laws: their promulgation, and their preservation by the Secretary of State;

Relative to LEGITIMACY: the legalization of private and religious marriages, and its effect;

Relative to the LIBRARY: the appointment of Librarian; his powers, duties, and salary; the rules respecting the Library; and the purchase, preservation and distribution of books by the Secretary of State;

Relative to MARRIAGE: officers empowered to grant licenses; and persons authorized to celebrate the marriage ceremony;

Relative to MASTER AND WARDENS: their appointment, duties, powers and fees; Relative to the METROPOLITAN POLICE DISTRICT: the provision for the government, and the powers, duties and privileges of the police thereof; and vagrants therein;

Relative to the MILITIA, and the organization thereof;

Relative to MINORS: their emancipation; the form of proceedings and effects thereof; the adoption of minors and the form of proceedings; and the preservation of minors' rights;

Relative to MONITION: the form of proceedings and the effect thereof;

Relative to MORTGAGES: the preservation, recordation and reinscription thereof; Relative to MUNICIPAL CORPORATIONS: their organization, powers and duties; Relative to NEAT CATTLE AND HOGS, and the prohibition of their introduction from other States, for the purpose of grazing;

Relative to NEGOTIABLE RECEIPTS AND BILLS OF LADING: rules governing them; the prevention of the issue of false receipts or bills of lading; and the punishment of fraudulent transfers of property by cotton presses, wharfingers and others;

Relative to NOTARIES PUBLIC: their appointment, powers, duties, and obligations;

Relative to OATHS: obligation of all officers to take the oaths imposed by the Constitution and laws; and penalty for taking false oath;

Relative to OFFENSES AND QUASI OFFENSES;

Relative to OFFICE: proof of eligibility; the ascertainment, prevention, and punishment of usurpations, intrusions into and unlawful holding of office; and the filling of vacancies;

Relative to OFFICERS: their residence, powers, duties, and liabilities, and holding over until their successors are appointed or elected and qualified; Relative to OYER of documents sued on;

Relative to PARISHES: the establishment of their boundaries; their organization, powers, duties, and obligations;

Relative to PARISH TREASURER: his appointment, powers, duties, liabilities, and compensation;

Relative to PARTITION: institution of suits and sale of minors' property to effect partition;

Relative to PARTNERSHIPS and transaction of business in real name of partners; Relative to PEDDLERS AND HAWKERS: the definition of them, and obligation to exhibit their licenses, whenever demanded;

Relative to the PENSIONS of the veterans of 1814 and 1815, and the mode of securing them;

Relative to PHYSICIANS: qualifications for practice; penalty for practicing without license; and authorization of the University to confer degrees;

Relative to PILOTS: their appointment, qualifications, powers, duties and liabilities;

Relative to POLICE JURIES: the election of Police Jurors; their organization, powers and duties;

Relative to PRESCRIPTION;

Relative to PRESIDENTIAL ELECTORS: the time, manner and returns of their election; and their duties and compensation;

Relative to PRISONS: their control and support, and the fees of the officers; the management of the penitentiary at Baton Rouge; and the duties, powers and obligations of the lessees and the various officers thereof;

Relative to PRIVILEGE: its enforcement; the enforcement of the mechanic's lien; and to pledge or pawu;

Relative to PROVISIONAL SEIZURE: the causes for the issue of this writ; and the bonding of property seized;

Relative to PUBLIC LANDS: land office at the seat of government; pre-emption rights; school lands; graduation of the price of public lands; and appeals from the decisions of the Register of the Land Office;

Relative to PUBLIC PRINTING: appointment of State Printer: his rights, duties and liabilities; municipal and parochial, and judicial printing and compensation; and official journals, and their compensation;

Relative to PUBLIC WORKS: appointment of Board; their powers, duties and liabilities and compensation; appointment of engineers; their duties, powers, liabilities and compensation; and creation of Internal Improvement Fund and Road and Levee Fund;

Relative to LEVEES: their management and control by the Board of Public Works; their protection by land owners; their temporary construction and repair by police juries; and penalty for cutting or damaging them;

Relative to QUARANTINE: appointment of Board of Health, and their duties in relation thereto; residence of physician at the quarantine grounds; his duties, powers and compensation; the duties and liabilities of masters of vessels; the penalties for the violation of the quarantine laws; and proclamation of quarantine by the Governor;

Relative to RECONVENTION;

Relative to RECORDER: his election, powers, duties and obligations; and penalties for malfeasance in office;

Relative to RECUSATION; and causes of recusation by judges;

Relative to REDHIBITION;

Relative to REGISTRATION: manner and time of making it; the appointment, duties, powers and liabilities of the Supervisors of Registration; and the penalties for false registration or for disturbing or interfering with the officers thereof;

Relative to REPORTER of the decisions of the Supreme Court: his appointment, powers, duties and compensation;

Relative to REVENUE: its assessment and collection, and the officers appointed for this purpose; their qualifications, appointment, duties, powers, and liabilities for malfeasance or non-feasance; mode of proceeding; objects of taxation; property exempted from taxation; appropriation of the revenue collected; and proceedings against persons for non-payment of tax;

Relative to ROADS: duties and powers of police juries in relation thereto; and the establishment and working of roads;

Relative to SALES: officers by whom and manner in which forced sales and auctions may be made; and the persons who may purchase at them;

Relative to SALVAGE;

Relative to SEAL;

Relative to SEAMEN: their rights, duties and liabilities; and the protection of seamen and masters of vessels from the interference of unauthorized persons; Relative to the SECRETARY OF STATE: his duties, powers and liabilities;

Relative to SEQUESTRATION: causes for sequestration; and mode of obtaining and setting it aside;

Relative to SHERIFFS: the mode of their selection; their duties, powers and liabilities; and their fees of office;

Relative to SLANDER AND LIBEL;

Relative to STATISTICS: duties of Commissioners of Immigration in relation thereto; and assignment of engineer to make map of the State;

Relative to STEAMBOATS AND OTHER WATER CRAFT: the powers and duties of the

masters and officers thereof; and penalties for violation of the law;

Relative to SUBROGATION;

Relative to SUCCESSIONS; and the administration thereof;

Relative to SURETY: the rights and liabilities of sureties; and mode of proceed. ing against them,

Relative to SURVEYOR appointment of parish surveyors and Surveyor General; and their duties, powers, liabilities and fees;

Relative to TELEGRAPH COMPANIES: their right of way; their duties, and penalty for failure to perform duty;

Relative to TREASURER: his duties, powers, responsibilities and liabilities; Relative to TRUST FUNDS: their creation and purposes; and the mode of administering them;

Relative to TUTOR: the appointment, rights, powers, duties and liabilities of tutors;

Relative to UNITED STATES SENATORS. their election and credentials; Relative to VAGRANTS throughout the State, and within the Metropolitan Police District; their punishment; and the mode in which they may be discharged;

Relative to VENUE: the time, causes and mode of granting it; and the duties of judicial and executive officers in relation thereto;

Relative to WARRANTY; and the manner of enforcing it;

Relative to WEIGHTS AND MEASURES: their preservation; the appointment of Inspectors; and their duties, powers, liabilities and fees;

Relative to WITNESS: when he is compelled to attend court in civil and criminal cases; how summoned; duties and compensation of witnesses; mode of taking their testimony when residing in or out of the parish; when suit is instituted; and penalties for being bribed or failing to appear;

Relative to WOMAN: cases in which married women may contract debts and mortgage their property, and formalities before mortgage can be given; manner of renouncing her rights; relative to answering interrogatories in open court. and her authorization to sue when her husband is a minor.

1855-3.

Proceedings in

for more than ten years.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That whencase of absentee ever the curator or attorney in fact of an absentee shall apply to the court, by a petition made under oath to the best of his knowledge and belief, setting forth that the absentee has not been heard from for the space of ten years, and that he has no heirs known to him residing in the State; or when such facts relative to any absentee shall be known to the judge of the court, or due and satisfactory proof of the facts aforesaid shall be made to him by any other person than the curator or attorney in fact, it shall be his duty in all such cases to order the sale of the property of such absentee in the same manner, and on the same conditions, and the funds to be paid into the State treasury in the same manner, as in cases of vacant suocessions.

Estate to be settled as in vacant estates.

The curator to continue to act.

1848--60.

Art. 3432-C. C.

to non-residents

In every case when a curator of the absentee shall have been appointed and shall remain in the performance of his duty, it shall not be necessary to appoint one, but the curator of the absentee shall continue to act as such.

SEC. 2. The laws of prescription now existing, whereby absentees and non-residents of the State are entitled to longer periods than Prescription as persons present or residents in the State, before prescription can be acquired against them, are abolished; and hereafter absentees and non-residents of the State are to stand on the same footing, in relation to the laws of prescription, as persons present or residents of the State; Provided, That this section shall not apply to any prescription of one year or less.

SEC. 3. In all cases where, by any provision of the Code, an oath

of a party is required, it may (in case of the absence of said party) 1839-16s-16. be made by his agent or attorney; and in such case it shall be suffi- Art. 216~C. P. cient for the agent or attorney to swear to the best of his knowledge Oath by agent and belief.

or attorney.

SEC. 4. The money accounts of this State shall be expressed in dollars or units, cents or hundredths, and mills or thousandths; and 1875--39. all accounts in banks and public offices, and all proceedings in the courts of this State, shall be kept in conformity herewith.

Accounts to be

kept in dollars and cents.

SEC. 5. The accounts of retailers of provisions and liquors, and the accounts of all merchants, whether selling by wholesale or retail, 1830–90—1 & 2. within this State, shall be prescribed by the lapse of three years Art. 8503-C. C. from the time the articles charged shall have been furnished to the Prescription of purchaser; Provided, The above shall not apply to retail vendors of ardent spirits in less quantity than one quart.

The prescription of all open accounts, the prescription of which is ten years under existing laws, shall be prescribed by three years.

open accounts.

1855-78.

Suits against administrators, etc., to be continued against the heirs by making them parties.

to deposit

money collected

by them in bank

SEC. 6. All suits brought against curators and other administrators, during the time of their administration, shall, after the expiration of their time, and even after they have rendered their accounts to the heirs, be continued and tried without any additional formality, except that of making the heirs parties, which shall be ordered by the court on motion of any one of the parties, or on application of such heirs themselves.

SEC. 7. All executors, administrators, curators and syndics shall Executors, etc., deposit all moneys collected by them as soon as the same shall come into their hands, in one of the chartered banks of this State, 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 name, and shall on no account withdraw the deposits, or any other 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 Penalty for fail may be ordered for payment. On failure to comply with the provisions of this section, they shall be condemned, jointly and severally, with 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.

To exhibit an account of funds

on hand whenever required.

To render an

twelve months.

SEC. 8. Any creditor or other person interested, may, at the regular sittings of the courts in New Orleans, and in the country, as well during the vacation of the sitting of the court having jurisdiction, file a motion in the court having jurisdiction, to know whether any executor, administrator, curator or syndic has any funds; and he shall be bound, within ten days after service thereof, 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.

SEC. 9. They shall, at least once in every twelve months, render to the court from which they received their appointment a full, fair account once in and perfect account of their administration, and on failure so to do, shall be dismissed from office, and pay ten per cent. per annum interest on all sums for which they may be responsible, from the date of the expiration of the twelve months aforesaid.

To remain in

office until the

estate is finally

SEC. 10. They shall continue in office until the estate shall be finally wound up. Any creditor or person interested shall have the right to require that they shall give new or additional security for the faithful performance of their duties as often as once in every May be compell- twelve months, and oftener if the court, on motion to that effect, may judge it to be necessary.

settled.

ed to give new security.