1839-162-3. Art 259, C. P. Judgment certain cases, shall allege under oath, that the signature to the bond, purporting to be his, is not genuine, or that the judgment has been satisfied. SEC. 3732. Article two hundred and fifty-nine of the Code of Practice shall be so amended, that in case of attachment, when the defendant has given his obligation with security, as by the article against surety in provided, and fails to satisfy the judgment rendered against him, the plaintiti may, on the return of the sheriff that no property has been found, and on exhibiting to the court the obligation duly transferred 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. 1839-168-18. Sheriff to return defendant's bond into court. Plaintiff may object to sufficiency of bond. 1852-155-1. Defendant's property to be In all cases where property attached, sequestered or provisionally seized, shall be released on the defendant executing a bond with security, the sheriff shall be bound to return the bond so taken by him into court. The plaintiffs shall have the right to object to the insufficiency of the security on such bonds only within twenty days after the bond is filed in the clerk's office; and in case the security on the bonds should be declared insufficient, the sheriff shall be liable as security on the bonds. The bond shall be assigned by the sheriff to the plaintiff. 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 property attached 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 his giving bond. 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." released in any stage of the proceedings on 1855-162. Costs may be demanded every six months. SEC. 3733. Every six months after a suit shall have been instituted in any of the courts of this State, the clerk thereof shall have the right to demand from the plaintiff the amount of his costs, including the sheriff's costs, and on neglect of the plaintiff to pay such bill detailed by separate items and sworn to by the clerk and approved by the judge, execution shall issue against the plaintiff, as in cases of fieri facias upon judgments after ten days' notification by the sheriff. Whenever the plaintiff does not reside in the parish in which the When execution suit is instituted, the clerk and sheriff shall have the same remedy against the surety for costs, and such surety shall not be entitled to the benefit of discussion. may issue for costs. 1855-151. Appearance of accused not to exonerate secur ity. Burety may ex SEC. 3734. The appearance and answer of any defendant or party accused, upon call made as provided for by law, shall not operate as a discharge or release of any surety from his responsibility, and no such surety shall be discharged or released from his responsibility until the final trial and conviction or acquittal of such defendant or party accused. Any surety may be relieved from responsibility by making a formal onerate himself surrender of the defendant or party accused to the sheriff or his der of the so- deputy in open court or within the four walls of the prison of the parish, and not otherwise. by the surren cused. which may be SEC. 3735. On the trial of injunctions, the surety on the bond shall be considered as a party plaintiff in the suit; and in case the 1855-324. injunction be dissolved, the court in the same judgment shall con- Judgment demn the plaintiff and surety, jointly and severally, to pay the rendered defendants interest at the rate of eight per cent. per annum, on the against princi amount of the judgment, and not more than twenty per cent. as damages, unless damages to a greater amount be proved; and the sureties in such cases shall not be allowed to avail themselves of the plea of discussion. pal and surety. third person enjoins. If a third person shall obtain an injunction to arrest the execution of a judgment between other parties, and it shall be dissolved, the Damages when a plaintiff in injunction and his security shall stand in the same situation, and be subject to all the responsibilities and penalties imposed by this section on the plaintiff and his security; and a similar judgment may be given against them on the dissolution of the injunction. Proceedings SEC. 3736. In all cases of appeal to the Supreme Court, or other tribunals in this State, if the judgment appealed from be affirmed, 1866-150-8. 17. the plaintiff may, on return of the execution that no property has against surety been found, obtain a decree against the surety on the appeal bond for on appeal bond. the amount of the judgment, on motion, after ten days' notice, 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. be complied SEC. 3737. The sureties on the bonds of any administrator, executor, curator or tutor in any parish in this State shall have the 1859-174. right to be released from any further liability on said bond, by Formalities to causing their principal to be cited into the parish court, in the parish with by sureties where the parties reside, by petition setting forth their fears that wishing to be said administrator, executor, curator or tutor, is mismanaging the their bonds. estate under his charge, and that they are in danger of being injured seriously by his conduct, and praying that he shall be required to give new security. released from administration otherwise to be another admi SEC. 3738. On due proof being made of maladministration by such administrator, executor, curator or tutor thus cited, the court on proof of malshall require him to give a new bond with other sufficient security principal to furfor the faithful administration of said estate, and upon failure to do ish new bond, so within three days after such order, he shall be forthwith removed removed and from the administration thereof, and the judge shall proceed at once nistrator, etc., to the appointment of another administrator, executor, curator or appointed. tutor, who shall be required to give security in manner and form, as When release of now required by law, and this being done, the former securities on securities takes the bond shall be released from all liability for any maladministra- place. tion of such administrator, executor, curator or tutor, from and after the execution of the new bond with security as aforesaid. 1828-22. and indorsers SEC. 3739. It shall be lawful for widows and unmarried women w men may be- * of age to bind themselves as sureties or indorsers for other persons, come securities in the same manner, and with the same validity, as men who are of in certain cases. full age. SURVEYOR. SECTION. Surveyor's fees SECTION. .....3750 Surveyor General and parish sur- Qualifications of the Surveyor Gen .3751 .3752 allowed by law... Boundaries of parishes, how fixed and determined... Returns, how to be preserved.....3753 Compensation of surveyors. ..3754 Penalty for neglect...... 3755 Division and survey of land ordered to be sold under writ of seizure and sale.. When lot to be adjudicated to purchaser Division and survey of land gener .3756 .3756 erally when ordered to be sold..3757 Fees of surveyors................3758 To apply only to lands sold under contracts made since adoption of constitution of 1868...... ....3759 1855-456. eral and parish appointed. SEC. 3740. There shall be a surveyor nominated, and by and with the advice and consent of the Senate, commissioned by the Surveyor Gen- Governor, for each parish of this State, who shall reside in the surveyors to be parish of his appointment. The one appointed for the parish of Orleans shall be ex officio Surveyor General of the State. Before they enter on the duties of their office, they shall take the constitutional oath well and truly to execute and perform the duties of their office; and, moreover, shall give bond, with good and sufficient security, to be approved according to law; the Surveyor General in the sum of six thousand dollars, and the other surveyors in the sum of two thousand dollars, payable to the Governor and his successors in office, and conditioned for the due performance of the duties of their office. Qualifications of the Surveyor General. Salary. Authorized to appoint deputies. Parish survey SEC. 3741. Besides the scientific knowledge requisite for his profession, the Surveyor General shall possess a thorough knowledge of the English, French and Spanish languages; he shall keep his office in New Orleans, in a fireproof house. SEC. 3742. The Surveyor General shall receive an annual salary of six hundred dollars. He may appoint one or more deputies at his own expense and responsibility. SEC. 3743. It shall be the duty of the said surveyors faithfully to execute all orders of survey directed to them by any of the courts of ors, their duties. this State, and to make all surveys of land lying in their respective parishes, and to which the United States have no claim, at the request of the owners or proprietors thereof, and generally to do whatever in surveying, measuring and dividing of lands may be required of them by any person wishing the same done; and in all their measurements they shall be governed by the English perch or pole; Provided, however, That in the plans and certificates of survey which Plans and certhey shall make out, they shall be bound to add to every designa- made. tion of an English measure the relation it bears with the measure formerly used in this State. SEC. 3744. The fees chargeable by the surveyors shall be paid by tificates, how the party desiring their services; and where the services shall be Fees, by whom rendered in obedience to an order of a court in a suit therein to be paid. depending, the surveyor shall make and state an account of his fees for his services, written in words at the full length on the back of one of the plats returned by him to the court, and the same shall when to be be allowed in the bill of costs to be taxed against the losing party taxed as costs. as other costs; but where it shall appear that the survey, or any part thereof, was made at the instance of the party cast in the suit, so much of the said fees as accrue on the work done by the surveyor for such party shall not be taxed. made. SEC. 3745. It shall be their duty, whenever called on for that purpose, to re-survey and re-mark and bound any tract of land in their Resurveys, how respective parishes, where the old marks are defaced or are likely to decay or perish, or where, by any cause, they are destroyed; taking special care in all such cases to be governed by the original surveys, patents or title deeds of such tracts; and they shall make a plain report and certificate of all such re-marks and boundaries by them made as aforesaid; of which report and certificate they shall deliver a certified copy to the owner, if he requires it. SEC. 3746. The chain carriers and markers shall be allowed each Pay of chain carriers and marka dollar per day for their services as such, to be paid in the same ers. manner as is provided for surveyors. markers to be SEC. 3747. Each surveyor is authorized and required to administer an oath to each of his chain carriers faithfully and diligently to Carriers and perform his duties as chain carrier, without favor, affection or par- sworn. tiality; and it shall be the duty of each of the surveyors to write the name of each of his chain carriers down on the plat made of a tract of land for which they carried the chain in the surveying thereof. to notify adjoin SEC. 3748. It shall be their duty, whenever called on, to make a resurvey, as provided by the preceding sections, to notify the adjoin- Surveyor's duty ing landholders of the day on which he shall commence the said sur- ing landholders. vey, that they may attend, or cause somebody else to attend in their behalf, if they think proper. He shall note the same on the plat, by putting down the names of the persons notified and the number of days' notice he gave each of them. by surveyors. Parish survey SEC. 3749. It shall be their duty to record, by order of dates, in a book kept for that purpose, all the plats and reports of surveys Books to be kept made by them; and the Surveyor General, besides the private reg-Duty of the Surister for the parish of Orleans, shall keep a general register, in veyor General. which he shall record the plats and reports of the operations made by the parish surveyors, who shall be bound to forward him, every ors to report to three months, certified copies of their operations in their respective th Surveyor parishes; and all certified copies of the plats and reports of surveys General thus recorded, as well as of the titles and papers which are to be Copies to be delivered to the Surveyor General by the said surveyors, under their hand and the seal which they are hereby authorized to adopt, shall be entitled to full credit in all the courts of the State. evidence. SEC. 3750. They shall be entitled to demand and receive, for Surveyor's fees. their respective services, the following fees, to wit: ...$0 121 For mileage in going to and returning from any place where 0 25 0 25 4.00 0 25 For every plat of a tract of land, including the record. 5 00 For every certified copy of such plat.... 2 50 For planting every corner post.... 1 00 For any additional tract of land, comprehended in a plat with 5 00 For measuring every lot in a town, or other place, divided 0 01 For every original plat of any such lot, including the record 3 00 . 2 50 manding fees not allowed by law. survey.. For every additional tract of land in a connected plat....... 2 00 SEC. 3751. In case said surveyors should demand or receive for Penalty for de- any of the services mentioned, any other fees than those above fixed and established; or if they should demand or receive any of the said fees without having performed the services; or if they should demand or receive any other or higher fees than those allowed to them, the said surveyor shall, for every such offense, be fined in a sum of fifty dollars, in favor of the party aggrieved, besides the restoration of the fee so unjustly demanded and received. 1855-35. parishes, how fixed and determined. SEC. 3752. Whenever the police jury of any parish shall pass an ordinance for ascertaining and fixing the boundary lines of any Boundaries of parish adjoining thereto, and shall appoint a time and place for commencing the running thereof, and shall duly serve the president of the police jury of said adjoining parish with a copy of the ordinance, with notice of the time and place for commencing the running thereof, six months previous to the time so fixed, then the parish surveyors of said parishes, or such surveyors as may be appointed for that purpose, shall proceed to the running and marking of said boundary line, and in case the parish surveyor of either parish shall fail to attend at the time and place appointed, then the other parish surveyor, after waiting two entire days, shall proceed to the running and marking of the said adjoining boundary line. be preserved. SEC. 3753. Whenever a boundary line shall have been run and Returns, how to marked as above prescribed, due returns thereof shall be made to the president of the police juries of both the said parishes, who shall cause them to be carefully filed and preserved in the office of the recorder. Compensation SEC. 3754. Each of the surveyors shall receive, as full compensation for the running and marking of said lines, five dollars per day, of surveyors. and shall be paid for all reasonable expenses, by the treasurer of the parish interested. SEC. 3755. If any parish surveyor shall neglect to perform any Penalty for neg. of the duties herein prescribed, he shall, on conviction thereof, suffer a fine of not exceeding fifty dollars and imprisonment not exceeding ten days. lock. |