Interest on

of.

act of congress aforesaid, and to inform the State superintendent thereof.

Such lease shall only be made after due notice shall have been given by advertisement, for at least thirty days, in the offcial journal, if there be one, and if not, at two or more public places in the township, of the time and place when the land will be offered for lease to the highest bidder. In all cases ample security shall be required, not only for the punctual payment of the rent, but for the protection of the land from all and every kind of waste and injury.

D. Sec. 1318, 2962. Act 1855, p. 422.

Sec. 2656. All moneys that have been or may be hereafter how disposed received into the State treasury, and the interest that has or may accrue therefor from the sale of any sixteenth section of school lands or the school land warrants belonging to the various townships in the State, shall be placed to the credit of the township, and should the people of any township desire to receive for the use of the schools therein the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loans, the parish treasurer shall, on the petition of five legal voters in any such township, order an election to be held in the township, as provided for the sale of township lands; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest as aforesaid, the same shall be paid to the treasurer of the parish for the use of the townships or districts; otherwise the interest shall be an accumulating fund to their credit until so called for.

Manner of as

ue of improvements.

D. Sec. 1319, 2963.

Sec. 2657. When the sale of the sixteenth section is legally certaining val- ordered, and it shall appear to the satisfaction of the parish treasurer that any person or persons had settled and improved the same or any part thereof prior to the extension of the survey over the same, it shall be his duty to appoint one appraiser, the settler, or his or her agent, shall have the right of appoint ing another; the two of selecting a third; and the three, after being sworn, shall assess the improvements put upon said lands, and the value of the use of said land during the time shall be also assessed and deducted from the value of the improvements, and the settler shall be entitled to receive the value of his im provements so appraised out of the proceeds of the sale, from the first payment or payments thereon; Provided, That in all cases the assent of a majority of the legal voters within the township shall be given to the provisions of this act on this subject, to be taken at the same time that the votes are taken for

Proviso.

Note to be ex

the sale of the land.

D. Sec. 2965. Act 1855, p. 277.

Sec. 2658. When the cash payment is not sufficient to par ecuted in cer- for the improvements as above provided, then the parish treas urer shall cause the purchaser to execute his note for the bal ance due in favor of the settler, his or her heirs or assigns, with

tain cases by

purchaser in favor of settler.

personal security to the satisfaction of the person entitled to
eceive the money, which shall be deducted from the amount of
he first installments due on account of the purchase; Provided, Proviso.
The State shall not realize less than one dollar and twenty-five
cents per acre for any land sold under this act.

voters in town

shall be leased

to pay settler for improve

Sec. 2659. Whenever any person shall have settled and im- In case of proved the sixteenth section as aforesaid, and the inhabitants of ship shall refuse to sell, he township refuse to sell said section, as provided by law, then the section t shall be the duty of the parish treasurer to cause said section o be leased, and the lease shall be given to the person or per-ments. ons who may purpose to take the same for the shortest time on paying the settler for the improvements as aforesaid. Sec. 2660. The parish treasurers of the several parishes shall percentage to be entitled to retain, out of the proceeds of the sales of sixteenth the parish ections effected by them, a percentage of two and one half per centum on the amount of said sales, to be deducted from the cash payment, and the same shall be in full compensation of heir services.

Act 1850, p. 27.

be received by

treasurer.

of collectors.

Sec. 2661. Whenever any person charged with the collec- Suit on bonds ion of parish taxes shall fail to pay over the taxes collected by im within thirty days after being required to do so by the poice jury, or other parochial authority, by a written demand erved by any constable of the parish, the police jury or other parochial authority shall have the right, on filing in the office of he clerk of the district court a certified copy of his bond, and he return of the constable, showing the demand made on him, o obtain from the clerk an execution against the collector for he amounts which he may have so collected and failed to pay over, which execution shall have the same force and effect as he distress warrant or execution, when issued by the auditor, and any property sold under it shall be sold for cash, without he benefit of appraisement.

D. Sec. 267, 2793, 3321, 3456. Act 1869, p. 146, § 90.

PARTITION.

Suits against heirs where brought after partition.

Suit for partition where

the land lies

Sec. 2662. Where a partition of a succession has been or may be made, belonging to one or several heirs, who are present or represented therein, all actions relative to the said succession shall be brought against the heirs before the district or parish court of the district where the succession is opened, which court shall have an exclusive jurisdiction to try the same, though the heirs or any of them may reside out of the district,

C. C. 1290 (1304); C. P. 162. Act 1855, p. 337.

Sec. 2663. Whenever two or more persons shall be co-propri brought when etors of one continuous tract of land situated partly in different partly in two parishes, any one or more of the co-proprietors may institute an action for partition of the whole of the tract in any one of such parishes.

parishes.

co-proprietors.

C. C. 1291 (1305).

Sec. 2664. In all judicial partitions where the property is Mortgages and divided in kind, the mortgages, liens and privileges existing liens against against one of the co-proprietors shall, by the mere fact of the partition, attach to the shares allotted to him by the partition, and cease to attach to the shares allotted to his co-proprietors. If any return of money be required to be made to any coproprietor whose share is mortgaged or otherwise incumbered, by reason of the share allotted to him being of less value than the other shares, then such sums of money shall remain in the hands of the parties bound to contribute them respectively, and shall be secured by mortgage on their respective shares, and be subject to the demand of those creditors of their co-proprietors who possessed mortgage or privilege claims against him, and according to the rank and priority of the creditors.

Sale of land situated in

C. C. 1338; D. Sec. 2443.

Sec. 2665. Whenever a sheriff shall seize under process from part in two or any court of justice, any tract of land situate in part in two or more parishes, it shall be lawful for him to execute the process

more parishes, how made.

upon
the whole tract; in such cases the sheriff shall give the
legal notices of the sale in each of the parishes into which it
may extend. The deed of sale shall be recorded in each of
the parishes.

C. P. 642; D. Sec. 3403.

Sec. 2666. Article one thousand two hundred and sixty-four shall be amended so as to read as follows, to wit: "If there be, among the heirs of the deceased, any who are of age and present, and who demand that the sale be made for cash, it shall be sale for cash, made for cash, for a sufficient sum to cover the portion coming to them, and on a credit for the balance, on the terms prescribed by the other heirs."

But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the whole sum to be paid eight per cent. per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced."

C. C. 1342 (1264); D Sec. 431, 8689. Act 1853, p. 157.

in what cases.

Sec. 2667. When heirs of a succession hold property in common, and it is the wish of any one of them, or of a minor represented by his tutor or tutrix, to effect a partition on the advice of a family meeting, duly convened according to law, to represent the minor or minors, said property may be sold at private Property sold sale for its appraised value; said appraisement to be made and at private sale. the terms of said sale to be fixed by the family meeting, and

said proceedings 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. 1500, 2359, 3719, 8865. 24 A. 155. Act 1860, p. 207.

Fictitious

names abol

Sec. 2668. Hereafter no person shall transact business in the ished in part- name of a partner not interested in his firm, and when the designation" and Company" or " & Co.," is used, it shall represent an actual partner or partners.

nerships.

Penalty for offending.

Act 1859, p. 167.

Sec. 2669. Any person offending against the provisions of the foregoing section, shall, upon conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceed ing one thousand dollars, recoverable before any court of com petent jurisdiction.