the minor or minors, said property may be sold at 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 proceedings to be homologated by the parish judge of the parish in which the said minor resides.

C. C. 341 (336); D. Sec. 2342, 2667, 3860, 3865. Act 1869, p. 207.

bonds of tutors

cates of mi

nors'

Sec. 2360. Before any appointment of tutor shall be made, the bond required by law to be given by such tutor shall be recorded Recording of in the mortgage book of the parish in which the tutor resides, and and certifia certificate to that effect shall be presented to the judge author- nors propert ized to make the appointment, before he makes the order of appointment of tutor, and any order appointing a tutor until this formality is complied with shall be null and void; and it shall be the duty of every judge who appoints and confirms a natural or legal tutor, or any tutor not required by law to give bond, before he shall grant an order appointing or confirming such tutor, to cause a certificate from the clerk of the district court of the amount of the minor's property, according to the inventory on file in his office, to be recorded in the mortgage book in the parish in which the tutor resides, or has his domicile; any appointment or confirmation of such tutor before such recording shall have been done shall be null and void; and it shall be the duty of the tutor and under-tutor of any minor to cause the tutor's bond aforesaid, or certificate of the amount of the minor's property, as the case may be, to be recorded in any and every parish in this State, where the minor owns mortgageable property; the fees for which recording shall be advanced by the tutor. The recording of the tutor's bond, and the recording of the certificate of the amount of the minor's property, shall operate from the date of the recording in each parish, a mortgage on all the mortgageable property then or subsequently owned by the tutor in such parish; any failure or refusal of the tutor or under-tutor to comply with the provisions of this section, shall subject him to damages in favor of any person injured thereby, in the full amount of such damage, and which claim for damages shall not be prescribed, so long as the minor's claim exists against the tutor.

inventory of

minors, inter

in cases of in

C. C. 319, 323, 324, 351 (844); D. Sec. 2382, 3867. Act 1869, p. 114. Sec. 2361. When any person who, without having been appointed tutor or curator of minors (interdicted or absent persons), Recording of interfere in the administration of their property, any person shall property of have the right to record in the book of mortgages of the parish dicted or abof such person's domicile, the inventory and appraisement of the sent persons, property belonging to such minors, interdicted or absent persons, terference in if there be one, or other written evidence of the amount and value by persons not of the minors, interdicted or absent person's property; and if authorized. there be no written evidence thereof, a statement of the property and its value, and of the name of the intermeddler, under oath, made by any person, which, when so recorded, shall operate a mortgage on the property then or subsequently owned by such person, interfering in the administration as aforesaid; and it shall

administration

Mortgage on property of step-father.

in favor of minor to be recorded.

be the special duty of the parish judge or recorder to cause said record to be made on pain of any damage that may result to any such minor, interdicted or absent person, if any such interference come to their knowledge or may be reported to them by any credible person; all expenses so incurred shall be paid by such minor, interdicted or absent person, or out of his effects. C. C. 3315 (3285); D. Sec. 1101, 2384, 3868.

Sec. 2362. The tutor's bond or the clerk's certificate, as the case may be, recorded as provided in section 3360 of this act, shall operate a mortgage on the property, present and future, of the husband in favor of the children of a previous marriage of his wife, when the marriage takes place without the wife being continued in the tutorship by a family meeting, if such husband is domiciled in the parish in which such record is made; and if he is not domiciled in such parish, then it shall be the duty of the under-tutor to such minors to cause such bond, or clerk's certificate, to be recorded in the parish in which such husband resides or owns mortgageable property; and any failure of the under-tutor to have such recording done shall subject him to any damages the said children of a previous marriage, or any one of them, may have sustained. Such mortgage shall operate from the date of the marriage for all acts of tutorship from that date, if the husband is domiciled in the parish where the same was originally recorded; if not, from the date of the recording in the parish of his domicile.

C. C. 319; D. Sec. 2385, 3090, 3869.

Sec. 2363. When mortgageable property has been adjudicated Adjudication to either parent of the minor, the act of adjudication shall be recorded in the book of mortgages in the parish in which the property is situated, and it shall operate a mortgage and vendor's privilege; the amount of the value of the property as stipu lated in the act shall operate a mortgage against such property in favor of the minor; and no such adjudication shall have any legal or binding effect until such record is made.

Mortgage on property of

C. C. 319, 343 (338), 3353; D. Sec. 2386, 3091, 3870.

Sec. 2364. When the surviving husband or wife or heirs have been invested by the inventory with the care of the propsurviving hus- erty of the community or succession, a certificate from the clerk band, wife or of the district court of the amount of the inventories of the

heirs.

minor's property, shall be recorded in the mortgage book of the parish in which such party, invested with the care of the prop erty, is domiciled, and the same shall operate a mortgage on all the present and future property of such persons in such parish for all their acts, until they are relieved from the care of the property, or partition is made. It is the duty of the person making the said clerk's certificate to have it recorded as herein provided; and a failure to do so shall subject him to any dam age that may result from that failure to perform the duty herein

required of him; any person may legally cause such record to be made.

C. C. 3356; D. Sec. 2387, 3092, 3871.

Sec. 2365. The recording of any instrument, according to

the provisions of this act, shall have the effect of operating a Effect of remortgage or privilege, as the case may be, on the property of cording. the person owning or subject to the mortgage or privilege, but shall have no other effect; it shall in no manner be evidence of the validity of the debt or claim, other than the law may award to acts of the kind unrecorded.

C. C. 322; D. Sec. 2390.

clerks.

neglect.

Sec. 2366. It shall be the duty of the clerks of the district courts of the several parishes in this State to make out an ab- Duties of stract 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 Duties of reto record the same, as soon as received, in the mortgage book corders. 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 is 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 Penalty for cause any person, and shall further subject them to a fine of not less than one hundred nor more than one thousand dollars, for the benefit of the public school fund, to be received by the district attorney or district attorney pro tempore, before any court of competent jurisdiction; such abstracts, when recorded in any parish in which the tutor owns mortgageable 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 Fees. and recording such abstracts shall be 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 performed, shall be sold to pay the same, and if no person or property 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. 321; D. Sec. 500, 3096, 3872.

cause invento

Sec. 2367. Before fathers and mothers, who by law have ad- Parents to ministration of property coming to their minor children, shall be ry of children's allowed to take possession of the same and enjoy the profits and recorded.

property to be

Liability for damages.

Privilege of

widow and mi

circumstances.

revenues thereof, they shall cause an inventory to be made of such property, and cause the same to be recorded on the mortgage books of all the parishes where they or either of them may have mortgageable property which recordation shall operate a mortgage on said property, until a final settlement of the administration of said property.

C. C. 316; D. Sec. 2392, 3097, 3098, 3873.

Sec. 2368. Article twenty-two hundred and ninety-four of the Civil Code of Louisiana, which reads: "Every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it," be re-enacted and amended so as to read: "Every act whatever of man that causes damage to another, obliges him by whose fault it hap pened to repair it; the right of this action shall survive in cases of death in favor of the minor children and widow of the deceased, or either of them, and in default of these, in favor of the surviving father and mother or either of them, for the space of one year from the death."

C. C. 2294 (2273); D. Sec. 435, 2582. Act 1855, p. 270. Sec. 2369. Whenever the widow or minor children of a deceased person, shall be left in necessitous circumstances, and nor children not possess in their own right property to the amount of one in necessitous thousand dollars, the widow, or the legal representatives of the children, shall be entitled to demand and receive from the suc cession of their deceased father or husband, a sum which, added to the amount of property owned by them, or either of them. in their own right, will make up the sum of one thousand dol lars, and which said amount shall be paid in preference to all other debts, except those for the vendor's privilege, and expenses incurred in selling the property.

The surviving widow shall have and enjoy the usufruct of the money so received from her deceased husband's succession, dur ing her widowhood, afterwards to vest in, and belong to the children or other descendants of said deceased.

C. C. 2382 (2359), 3252 (3219); D. Sec. 444, 1693, 1694, 2835, 3686; 24 A, 130. Act 1852, p. 171, § 1, 2.

what cases

Sec. 2370. The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of Monitions, in insolvent estates, and finally those of any description which are granted. made by the authority of justice, and all subsequent purchasers by a regular chain of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules hereinafter prescribed.

D. Sec. 3445. Act 1855, p. 463.

how adver

Sec. 2371. It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of Monitions, Orleans, to publish three times, or if the sale has been made out tised. of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition calling on all persons who can set up any right to the property, in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement and advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers, why the sale so made should not be confirmed and homologated.

D. Sec. 3445.

the property in

Sec. 2372. This monition shall state the judicial authority Description of under which the sale took place, and shall also contain the same the monition. description of the property purchased as that given in the judi