name is drawn, enter it upon a list of record, and deposit the ballots so drawn in a separate box; such boxes to be provided by the Clerk at the expense of the parish. The list of jurors so drawn for each term, shall be filed in the List to be filed. Clerk's office, as soon as completed, subject to the inspection of persons who may desire to examine it. The persons thus drawn shall be summoned by the Sheriff to serve as jurors at the next ensuing term of the court, and should the venire be set aside for informalities, then the Judge shall order another jury to be drawn forthwith, and proceed with his court. 1855-453. Persons in inligent circumstances to obtain certificate trom Clerk. relative to the admission of lunatics into the Asylum. INSANE PERSONS. 89. [SEC. 1770.] All persons received in the Asylum as insane, shall be charged at a rate not less than ten dollars a month, unless the Police Jury of the parish from whence the insane person came, a Municipal Council, if from a city or town, or Clerk of the court, shall certify that said person is in indigent circumstances. 90. [SEC. 1771.] Whenever application is made to the Clerk for Duties of Clerks a certificate, as above stated, it shall be his duty to examine, under oath, such witnesses as may be brought before him, and to give or refuse said certificate, as the case may in justice require; and the said Clerk is empowered, whenever he shall deem the same necessary, to summon before him, as in ordinary cases, any witness necessary, and said certificate so given shall entitle the person therein named to admission into the Lunatic Asylum without charge. 1855-151. Duty of Clerk, venue has been awarded in criminal cases. CHANGE OF VENUE. 91. [SEC. 1024.] Whenever a change of venue shall have been awarded in a criminal case, it shall be the duty of the Clerk of the when change of Court in which the case is pending, to make out a descriptive list of the indictment, pleas, and all other documents relating to such cause, and a copy of all orders which may have been entered on the minutes of the court, and to deliver the same, together with the original indictment, and other papers appertaining to the cause, to the Sheriff of his parish, whose duty it shall be immediately to deliver or forward the same to the Clerk of the parish to which the cause shall have been removed; and for his services in so doing, the Sheriff shall receive a compensation from the treasury of his parish, to be fixed and ordered by the District Judge. Duty of Clerk of 92. [SEC. 1026.] The Clerk of the court to which any criminal court to which cause shall be thus removed, shall on the receipt of the indictment and other papers, enter the cause upon the criminal docket of his the case is transferred. court; and it shall be heard, tried and determined by preference, in the same manner as if the proceedings had originally been instituted therein. Papers, how transmitted in change of venue 93. [SEC. 3905.] The Judge awarding a change of venue shall, if in vacation, grant an order under his official signature to the 1855-303. Clerk of the parish where the cause is pending, to transmit the papers belonging to and filed in the cause, to the Clerk of the parish to which the venue has been removed, which order shall be returned with the petition and filed in the suit. 94. [SEC. 3906.] The Clerk of the parish from which the suit has been removed, shall make a list of all the papers on file in the Duty of Clerk. suit, and a duly certified transcript of all orders made or steps taken during the pendency of the cause, and deliver the same, together with the papers of the suit, to the party to whom a change of venue has been awarded, or to his attorney in fact or of record, taking his receipt therefor, which receipt shall be a true copy of the list or inventory. In case there should be sufficient reasons suggested to the Judge why the papers should not be intrusted to the said party, then the Clerk shall hand them to the Sheriff of his parish, who shall give receipt therefor in the form above prescribed, and whose duty it shall be to carry the papers, or to employ some trusty person to carry them to the Clerk of the parish where they may be directed. When Clerk shall deliver pa pers to the Sheriff. Clerk's fees to The papers, in either case, shall be carefully folded, enveloped and sealed, and the party obtaining a change of venue shall pay in sheriff's and advance to the Sheriff twenty-five cents for every mile he shall have be first paid. to travel from the place where the suit is pending to that to which it is so ordered to be removed; and the said party shall pay to the Clerk of the parish where the suit is pending, all costs which may have accrued therein before the papers shall be transmitted, otherwise the case shall be proceeded with in the parish where it originated, in the same manner as if no such application had been made. who receives 95. [SEC. 3907.] The Clerk to whom the papers shall be transmitted, upon their receipt, shall open the seal of the package and Duty of Clerk compare the papers with the inventory, and upon finding the same the papers. correct, he shall give a receipt to the person delivering the same, which shall be a true copy of the inventory. He shall then enter the cause in his docket, and act in the same manner as he would have done, had the case been originally filed in his parish. 96. CLERKS OF THE SEVERAL DISTRICT COURTS IN NEW ORLEANS. [SEC. 507.] The Clerks of the several District Courts in the 1855–55. city of New Orleans shall keep the records and proceedings of the in New Orleans. Duties of Clerks by them. District Courts, in conformity to law and under the direction of the 97. [SEC. 508.] The Clerks shall keep the following books, Books to be kept which shall always be open for inspection: a General Docket, in which shall be briefly entered all the proceedings that take place in each cause from the filing of the petition or the issuing of any conservative writ, so as to make a complete synopsis of all the proceedings in a cause; a Rule Docket, in which shall be transcribed at length all the rules taken in every cause, and the orders made on the rules; a Double Index of plaintiffs and defendants to the General Docket, and an ordinary Index to their Rule Docket. It shall be the duty of the Clerks of the District Courts to number all papers papers filed in filed in any suit, under a penalty of fifty dollars, to be imposed by To number all any suit. lator abolished. the court. 98. [SEC. 511.] The office of Translator of the First District Office of Trans- Court of the city of New Orleans is abolished, and the duty shall hereafter be performed by the Clerk of the court; or in case of his His duty to be inability to perform that duty, by any competent person appointed pr cured to be by the court, to be paid out of the fees or emoluments due the Clerk, such sum as may be directed by the court according to the services rendered. performed or performed by the Clerk. 1868-114. 99. [SEC. 512.] Within the parish of Orleans, any notary public or Clerk of a District Court is hereby appointed Commissioner to take testimony of witnesses in suits pending in the courts of the leaus appointed parish of Orleans, before either of whom the parties to any suit Notaries and Clerks in the parish of Or Commissioners to take testi mony. pending in any court of the parish of Orleans may proceed to have the testimony of witnesses taken in the mode and manner hereinbefore specified; and said Commissioners shall be vested with all the powers herein granted to the Clerks of the courts out of the parish of Orleans; and provided that said Commissioners, or either of them, may proceed to take such deposition, on giving twenty-four hours' notice to the opposite party, or his counsel, of the time and place of taking the deposition; for this purpose notaries public are authorized to administer oaths and to execute commissions, to take testimony issued from other States or parishes of this State in the manner required by law. 1. [SEC. 520.] When the defendant resides out of the State, or, 1839-16 when the suit is commenced by arrest or attachment, an amicable In what cases demand shall in no case be necessary. de mand is unnecessary. In what cases delay in affirm. ment on appeal 2. [SEC. 570.] In all cases of appeal to the Supreme Court or other tribunal in this State, if the judgment appealed from be Art. 596. affirmed, the plaintiff may, on the return of the execution that no and after what property has been found, obtain a decree against the surety on the ance of judgappeal bond for 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 said 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. plaintiff may obagainst surety. tain decree Title of suit to 3. [SEC. 575.] In all advertisements of sales of property under Art. 668. execution, the Sheriff shall be bound to insert the title of the suit in be inserted in which the writ is issued. all advertisements of sales. 1824-172. Provisions of 4. [SEC. 592.] In case the Code of Practice should contain any Art. 1159. provisions contrary or repugnant to those of the Civil Code, the pro- Code of Practice visions of the former shall prevail. to prevail over those of Civil Code. COLLEGES OF AGRICULTURE AND MECHANICS. NO. Accepting grant of land by United NO. Grant accepted on conditions specified 2 States for benefit of colleges....... 1 Commissioners to receive land scrip 3 1869-62. of land by 1. [SEC. 593.] An act of Congress of the United States, approved Accepting grant July second, A. D. eighteen hundred and sixty-two, entitled "An United States Act donating public lands to the several States and Territories college for benefit of on conditions which may provide colleges for the benefit of agriculture and the mechanic arts," and the grant of land and land scrip thereby made, be and the same is hereby accepted on the part of the State of Louisiana. 2. [SEC. 594.] The said grant of land and land scrip hereby Grant accepted accepted for the purposes and upon the conditions in said act of specified. Congress specified, and the assent of the State of Louisiana to the several conditions and provisions in said act contained is hereby signified and expressed. to receive land scrip. 3. [SEC. 595.] The Governor of the State, together with the Commissioners Chief Justice of the Supreme Court and a Commissioner to be duly appointed by them, are hereby appointed Commissioners to receive from the Secretary of the Interior, or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of Congress aforesaid, and to sell and dispose of the same; and upon said sale being made by said Commissioners, they are authorized to appoint one person to assign said land scrip in accordance with the rules of the Department of the Interior. COMMISSIONERS TO TAKE TESTIMONY OUT OF THE STATE, AND 1855-41. A commissioner 1. [SEC. 596.] The Governor of the State is authorized to appoint one or more persons of known integrity and learning as for each State to Commissioners for each one of the States and Territories of the be appointed by the Governor. Union, who shall reside therein. Their powers and duties. 2. [SEC. 597.] It shall be their duty to take depositions in virtue of any commission that may be directed to them by the courts of this State. They are also authorized and empowered to take the |