Page images
PDF
EPUB

Clerks may compel attendance of witnesses.

stable shall

Sec. 492. For the purpose of carrying this act into effect, the clerks of the courts be, and they are hereby, empowered to compel attendance of witnesses by subpena or attachment, as the case may be, issued in the case and in the name of the court where the testimony is to be taken.

D. Sec. 618, 2536, 3597.

Sec. 493. All notices, subpenas or attachments, issued by Sheriff or con- said clerks, shall be served by the sheriff of the parish or by his serve subpe- deputy, or by a constable in case of the absence of the sheriff or his deputy, who shall make due return of the mode and manner of the services.

nas.

Fees for ser

D. Sec. 619, 2537, 3598.

Sec. 494. The sheriff or constable serving such notice, subpena or attachment, shall be entitled to charge the same fees and vices of clerk. mileage allowed by the fee bill for serving subpenas, and the clerk taking such depositions shall be allowed to charge and receive the following fees, and no more, to wit:

intervention

For issuing each notice to parties, with seal, twenty-five cents, including copy of the same.

For issuing each subpena or attachment, with seal, twentyfive cents, including copy of the same.

For swearing each witness, twenty cents.

For writing each caption and deposition of each witness and certificate, for each one hundred words, twenty cents.

For affixing seal, twenty-five cents, which fee shall be charged like other costs, with the cost of the suit in which they are taken.

D. Sec. 620, 2538, 3599.

Sec. 495. Clerks of the district courts throughout the State, Petitions of shall have power to receive and file petitions of intervention and third op- and third opposition, and refer the same to the judge to issue all necessary process therein.

position.

Duty in issuing
execution on
twelve
months' bond.

C. P. 389-394. Act 1867, p. 273.

Sec. 496. The following words in article seven hundred and twenty, to-wit: "After the advertisements directed above, but with modifications contained in the following article," are repealed.

It shall be the duty of the clerk who issues the execution according to the provisions of article seven hundred and twenty, to indorse thereon, that the same issued on a twelve months' bond, and that the property to be seized, under the same, shall be sold for whatever it will bring in cash; and it shall be the duty of the sheriff to execute the same by seizing the property of the principal or security, or both, and to sell the same for whatever it will bring in cash, after making the advertisement required by law.

C. P. 682, 720, 721; D. Sec. 579, 3430. Act 1826, p. 172.

Sec. 497. It shall be the duty of clerks of courts, immediately after the jury shall have been discharged, to make out and

be made out by

deliver to each juror a certificate, specifying the number of days Certificates to that he has attended, the distance for which he shall be entitled clerk receivato receive mileage, and the amount due, which shall be ascer- of parish tas. ble in payment tained by the oath of the juror, to be administered by the clerk, and such certificate shall be receivable in payment of the parish tax, or paid out of any moneys in the parish treasury not otherwise appropriated.

D. Sec. 2129. Act 1855, p. 297.

to clerks of

throughout

Sec. 498. The several clerks of the district courts throughout the State shall be entitled to demand and receive for all ser- Fees allowed vices, on the application of any foreigner to become a citizen, courts including copy, certificate and seal, one dollar; for all service in the State. administering oath of allegiance, recording evidence of residence, etc., of any foreigner becoming naturalized, including copy, certificate and seals, one dollar and fifty cents; for issuing marriage license, two dollars; for taking down testimony, on the trial of any suit, ten cents for every hundred words; for every order entered on the minutes, discontinuing or dismissing any suit, ten cents; for making transcript of record on appeals, ten cents for every hundred words; for certificate and seal to transcript of record, fifty cents; for filing any paper in any suit not otherwise provided for, five cents.

D. Sec. 758. Act of 1857, p. 190.

Bonds of offi

Sec. 499. All bonds given by the tax collectors of the State, and by persons charged with the collection of the parish taxes, and by all public officers, whether State or parish (except the cers, how aptreasurer of the State, auditor of public accounts, parish record- proved. ers, and clerks of the district courts), who by existing laws, or those to be hereafter enacted, may be required to give bonds, shall, when the securities given on such bonds reside in the parish where the officer is to exercise his office, be accepted by the parish recorder, the clerk of the court, and the president of the police jury of the parish for which such officers have been elected or appointed, and in which the securities reside.

If the securities on such bonds reside out of the parish for which such officer was elected or appointed, such bond shall be Securities. approved by the parish recorder, the clerk of the court, and the president of the police jury of the parish in which such securities reside.

place of re

In either of the above cases, if either the parish recorder, clerk of the court, or president of the police jury, should be ab- Parish judge sent from the parish or unable to act, then the parish judge of may act in the parish in which the security may reside, or the judge of the corder or district court of the district in which such security may reside, clerk. shall act in place of such absent officer.

reside in the

When the securities on any such bonds reside in the city of New Orleans, such bonds shall be approved by the recorder of When sureties the district where the security resides, and the recorder of mort- city of New gages of the parish of Orleans; and in that part of the parish of Orleans lying on the right bank of the Mississippi river, by

Orleans.

the justice of the peace for that district, and three members of the police jury, to be designated by the president thereof; said bonds in all cases to be executed within thirty days from the date of the commission, and before entering into the discharge of the duties of the office.

All such persons required to give bonds as State or parish Sureties must officers, as above provided for, shall be required to furnish security residing in some parish in the State.

be residents of the State.

Bonds to be

witnessed and registered.

All such bonds shall be authenticated by the attestation of two witnesses, and the signature of the recorder of the parish in which the securities reside, and shall be marked in a separate book kept for that purpose; and also be registered in the mortgage book of judicial mortgages of the parish where the officer giving the bond exercises his office.

Bonds when registered as above provided, shall operate, from and after the date of registry, as a mortgage upon all the real Bonds to oper- estate of the principal obligor therein, in the parish where he

ate as a mort

gage.

Jurisdiction of process in

enforcing collection of bonds.

Duties of clerks.

Duties of recorders.

Penalty for neglect.

exercises his office; the bonds of all State officers to be made payable to the governor of the State, and those of the parish officers to the president of the police jury of the parish.

If it becomes necessary to enforce the collection of any of the bonds that may be taken under and in pursuance to this act, and the securities reside out of the parish in which the officer exercises the duties of his office, the court of the parish in which the officer exercises or may have exercised the duties of the office for which the bond was given, shall have jurisdiction over the securities, it matters not in what parish they may reside. Each and every security, on any of the bonds provided in this act, shall make oath that he has property, over and above his liabilities, sufficient to respond to the amount for which he obligates himself in said bond.

D. Sec. 351, 2405-2412, 2764-2769, 3127-3133. Act 1868, p. 17.

Sec. 500. It shall be the duty of the clerks of the district courts of the several parishes in this State, to make out an abstract of the inventory of the property of all minors, whose tutors have not been required by law to give bond for their tutorship; such abstract to describe the real property, and give the full amount of the appraisement of all the property, both real and personal, and rights and credits, and to deposit such abstracts with the recorders of the several parishes, whose duty it shall be to record the same as soon as received in the mortgage book of their parish; such abstracts to be made out and deposited with the recorders by the first day of December, eighteen hundred and sixty-nine, and recorded by the first day of January, eighteen hundred and seventy. This section to apply only to tutorship granted before the passage of this act, and any failure of the clerks or recorders to perform the service required by this section, shall subject them to any damages that such failure may cause any person, and shall further subject them to a fine of not less than one hundred, nor more than one

1

thousand dollars, for the benefit of the public school fund, to be
recovered by the district attorney, or district attorney pro tem-
pore, before any court of competent jurisdiction; such abstracts,
when recorded in any parish in which the tutor owns mortgage-
able property, shall constitute a mortgage on the said tutor's
property until the final settlement and discharge of the tutor.
The fees for making out and recording such abstracts shall be Fees.
the same as the fees prescribed for the clerks and recorders for
other similar services, and shall be paid on demand by the tutor,
or if the minors have arrived at the age of majority, by them;
and if no responsible person can be found, then any property
owned by the minors, for whose benefit such services were per-
formed, shall be sold to pay the same, and if no person or prop-
erty be found to pay the same, then the parish shall pay the
same, and have recourse against the person or property of any
person for whose benefit the services were performed.

C C. 3351; D. Sec. 1100, 2362, 2369, 2385, 2391, 3867, 3869, 3872. 24 A. 191.
Act 1869, p. 114.

ASSESSMENT OF PROPERTY.

Assessment of

scribed.

Sec. 501. The property thus described shall be assessed by the clerk of the district court, the recorder and sheriff, who are hereby charged with such assessment, in addition to their other property deduties. For this purpose they shall give notice in the official journal of the parish or district to all tax-payers, that they will assess the property of the parish for one month, commencing on the first day of August, and ending on the first day of September. Where there is no official newspaper published in the parish or district, they shall post such notice at the court-house Notice. door.

D. Sec. 3275, 3600. Act 1869, p. 146.

Enumeration

making assess

Sec. 502. The clerk, recorder and sheriff shall, during the time therein specified, proceed to assess at a fair cash valuation all property and persons taxable in their parishes. They shall of persons in also be empowered to examine each party under oath, also the ment. State collector, touching any matter connected with the said assessment. In all disputed cases the majority shall rule, and their decisions shall be final. In all decisions a majority shall rule.

D. Sec. 3276, 3601.

Sec. 503. After the assessment is completed, the State collectors shall make two fair and correct copies of the assessment copies of rolls. roll of their parish, which shall be approved and signed by said assessors, one of which they shall immediately forward to the auditor of public accounts, the other they shall deposit, together with the original roll, in the office of the recorder of the parish, and take his receipt for the same.

D. Sec. 232, 3277, 8602.

Sec. 504. Each assessment roll and copy shall have attached

Affidavit at

tached to roll.

Fees of sheriff, recorder and

clerk.

Provided.

to it an affidavit made before any justice of the peace, or the parish judge, in the following words:

We, A, sheriff; B, recorder, and C, clerk of the district court, in and for the parish of, do solemnly swear that we have fully and faithfully assessed all persons and property in our parish for the year 18-. That we have given due notice to all tax-payers that we have commenced assessing their property, and have kept the rolls open from the first day of August to the first day of September, and that we have made every possible effort to make said assessment at a fair and full cash valuation to the best of our ability. So help us God.

(Signed)

[ocr errors]

Sheriff.
Recorder.

Clerk of district court.

D. Sec. 233, 3278, 3603.

Sec. 505. The sheriff, recorder and clerk of district court shall, for said services, be entitled to one hundred dollars each, payable out of the State treasury; Provided, That each warrant shall be accompanied by the certificate of the recorder of the parish that the law has been fully complied with; And provided further, That they shall not be entitled to said fee until the auditor shall have received and approved the assessment roll, together with the certificate of the recorder.

D. Sec. 3279.

Sec. 506. In case the sheriff, recorder or clerk should fail, In case of fail- neglect or refuse to act as herein provided for, the auditor shall ure to act aud- appoint some other citizen to act in his stead, and the person so point. appointed shall be entitled to the same compensation as herein provided, and liable to the same penalty.

itor may ap

Duties of

clerks in New Orleans.

Books to be

D. Sec. 234, 3280.

CLERKS OF THE SEVERAL DISTRICT COURTS IN NEW ORLEANS. Sec. 507. The clerks of the several district courts in the city of New Orleans shall keep the records and proceedings of the district courts, in conformity to law, and under the direction of the judges of their respective courts; they shall perform the duty of translators whenever thereto required by the court, for which they shall not receive any compensation.

Act 1855, p. 55.

Sec. 508. The clerks shall keep the following books, which shall always be open for inspection: a general docket, in which kept by them. 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

« PreviousContinue »