Persons hav

ing contradic

Sec. 1494. Any person who shall have contradictory intertory interests ests with those of a minor, in any matter in which a family with the minor meeting may be necessary, shall be incompetent to be a member to be members of said family meeting, although he be one of the nearest rela

incompetent

of the family meeting.

Penalty for

failing to atteud.

friends may be

tions.

C. C. 283. Act 1855, p. 810.

Sec. 1495. If any relative of a minor, after having been legally summoned to compose a family meeting, shall fail to attend, he shall be liable to a fine, at the discretion of the court issuing the summons, not exceeding twenty dollars, to be applied by the court towards defraying the expenses of convoking and holding such family meeting; which fine shall be collected in the same manner as those imposed on witnesses failing to attend, after having been regularly summoned.

C. C. 286.

Sec. 1496. If any relative of a minor, after having been In what cases legally summoned to compose a family meeting, shall neglect to appointed in attend, the judge or notary, holding the meeting, shall have tives. power to appoint friends to compose such family meeting, as in default of relations.

place of rela

C. C. 287.

Sec. 1497. The notices delivered by the notary, in whose Notices may office the family meeting is to be held, to the members who are be delivered by notaries. to compose it, shall have the same effect, legally, as a summons served by the sheriff.

Opposition of

C. C. 288; D. Sec. 2515.

Sec. 1498. Whenever an under-tutor shall refuse to approve under-tutor to of the deliberations of a family meeting, or object to their deliberations. homologation, the court shall decide whether the opposition is

well founded, and if not, the opposition shall be overruled, and the deliberations homologated, as if no opposition had taken place. When the court shall decide that the opposition of the under-tutor is unfounded, and shall homologate the deliberations of the family meeting, the under-tutor who shall have made the opposition, shall be exonerated from all responsibility.

C. C. 277.

Sec. 1499. Family meetings, in all cases in which they are required by law, for the interest of minors or of other persons, must be composed of at least five relations, or, in default of relations, friends of him on whose interests they are called upon to deliberate.

These relations or friends must be selected from among those domiciled in the parish in which the meeting is held, "or in a neighboring parish, provided it be not at a distance exceeding thirty miles."

C. C. 281 (305); D. Sec. 421.

and terms of

minor's prop

Sec. 1500. When heirs of a succession hold property in common, and it is the wish of any one of them, or of a minor repre- Appraisement sented by his tutor or tutrix, to effect a partition on the advice private sale of of the family meeting, duly convened according to law, to erty to be fixed represent the minor or minors, said property may be sold at by family private sale for its appraised value, said appraisement to be made and the terms of said sale to be fixed by the family meeting, and said proceeding to be homologated by the judge of probate of the parish in which the said minor resides.

C. C. 341 (336), 1339 (1261); D. Sec. 2359, 2667, 3719; 24 A. 155. Act 1869, p. 207.

meeting.

27

Sec. 1501. The police juries of the several parishes of the Powers of po- State (the parish of Orleans excepted), shall have the exclusive ative to estab- privilege of establishing ferries and toll bridges within their relishing ferries, spective limits; of fixing the rates of ferriage and toll to be

lice juries rel

ting ferries.

charged thereon, and of generally regulating the police of the same. This privilege shall not extend to any ferries or bridges already established, until the expiration of their charters; nor to any ferries or bridges within the control of municipal corporations; and said police juries shall have the right to lease the ferries within their respective parishes for any number of years, not to exceed five; and the lessees of said ferries shall give bond and security annually, payable to the president of the police jury, in such sum as may be required, for the faithful performance of their duties as public ferrymen.

D. Sec. 969, 2743, 2750, 2778. Act 1855, p. 367.

Sec. 1502. It shall be the duty of the police jury to have the Advertisement letting of all ferries advertised thirty days; and they shall be relative to let let at the court-house in said parish, by the president of the police jury, to the highest bidder. Whenever there is a newspaper published in any parish, the advertisements shall be published in such newspaper.

Parishes to

have concur

D. Sec. 2758.

Sec. 1503. On streams that divide parishes, the parishes to and in which such ferryboats ply shall have concurrent jurisdierent jurisdiction over such ferry; and complaints for neglect or infractions tion in certain of the charter shall be cognizable by the court of either parish.

cases.

Certain per

sons allowed

D. Sec. 2759.

Sec. 1504. The keepers of all ferries allowed to collect tolls. to pass free of either under the authorities of the State or of the parishes, shall pass all persons subject to militia duty, going to or returning

toll.

from muster, their horses and equipage, free of toll; and if they delay them unnecessarily, they shall be subject to a fine of not less than ten dollars, to be recovered by any person, before a competent tribunal, for the use of the fund of the regiment in which the muster took place.

established in

Sec. 1505. The common council of the city of New Orleans, with the police jury of that part of the parish of Orleans on the Ferries, how right bank of the Mississippi river, shall have power to establish the parish of ferries across said river, in the parish of Orleans, and to regulate the same.

Orleans.

ries, bridges

for school chil

Sec. 1506. The free right of passage or conveyance over all the public ferries, bridges and roads (except the ferries on the Certain ferMississippi river), which are rented out by the State or parish, and roads free or over which the State or parish exercises any control, or for dren. which license is paid or toll exacted, be and is hereby granted to all children on foot attending free public schools, and no tolls or fees shall be demanded or be exacted from said children by the keepers or attendants of said ferries, bridges or roads in their passage to or from school, between the hours of seven o'clock, A. M., and nine o'clock, A. M., and four o'clock, P. M., and six o'clock, P. M.; Provided, That on Sundays and school Provided. holidays no scholar shall have the right to cross such ferries, bridges, or roads on terms different from those of any ordinary passenger.

D. Sec. 1804. Act 1868, p. 212,

to take effect.

Sec. 1507. This act shall have effect from and after the establishment of free public schools throughout the State, and it when this act shall not apply to any lessee of a public ferry whose contract or lease was made previous to the date of this act.

Sec. 1508. When a fine shall be imposed by any court of Fines, how im- justice for the non-attendance of any witness or juror, or for posed and collected. any other cause, it shall be the duty of the clerk to issue, within two judicial days, a writ of fieri facias, at the suit of the State, against the person on whom the fine shall have been imposed; imposed with- fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay.

Fines not to be

out a rule to show cause.

forfeited

how rendered.

D. Sec. 2105. Act 1855, p. 50.

FORFEITURE OF BONDS AND RECOGNIZANCES.

Sec. 1509. It shall be the duty of the attorney general and Judgments on the several district attorneys, in their respective districts, on the bonds and second or any other day thereafter, of each regular jury term recognizances, of the district court, leave of the court being first had and ob tained, which leave shall always be presumed, to call any or all persons who may have entered into any bond, recognizance or obligation whatsoever, for their appearance or attendance at court, and also to call on the securities to produce instanter in