requirements shall be given in writing to the owners of the property, or their agents, who are required to make the improvements. In case the owners or the agents shall fail to comply with said ordinance and requirements within the said fifteen days, then the police jury shall have power to cause the required work to be executed at the expense of the said owners, and the police jury are authorized to recover and collect, by due course of law of said owners, the expense and costs of said works, and all costs incurred by reason of their non-compliance with said ordinance. by-laws, etc. Sec. 2803. They are empowered to pass by-laws and regula- Power to pass tions, to punish by fines not exceeding one hundred and fifty dollars at any one time any person who shall be guilty of violating or breaking, refusing or neglecting to comply with any of their regulations or ordinances, to be recovered by suit brought in the name of the police jury of that portion of the parish of Orleans on the right bank of the river, for the benefit of that portion of the parish on the right bank. prison for non Sec. 2804. In case of the non-payment of any fine, the party Power to imshall be subject to be committed to jail until he has satisfied it, with payment of the costs of court; provided that said imprisonment shall not exceed one month. fines. Election of Sec. 2805. It shall be the duty annually of the members of the police jury of that part of the parish of Orleans known as the right president of bank of the Mississippi river, to elect one of its members to act as police jury. a president of said police jury for one year. Act 1868, p. 126. other officers Sec. 2806. The police jury shall, immediately after its choice Treasurer and of president, proceed to appoint a treasurer and all necessary to be appointofficers required by the regulations governing that part of the ed. parish of Orleans, and said officers shall be appointed from the qualified electors residing in that part of said parish, and they shall be others than members of said police jury. justice of the Sec. 2807. All laws, or parts of laws, making the justice of the Laws making peace of that portion of the parish of Orleans known as the right peace ex officio bank ex officio president of the police jury, as well as all other laws president rein conflict with the provisions of the two preceding sections of this act, are hereby repealed. pealed. PRESCRIPTION. contracts and residing in Sec. 2808. Whenever any contract or obligation has been Prescription of entered into or judgment rendered between persons who reside judgments be- out of the State of Louisiana, and to be paid or performed ont tween persons of this State, and the said contract, obligation or judgment is other States. barred by prescription or the statute of limitations of the place where the contract and obligation is to be performed or judg ment executed, the same shall be considered and held as barred by prescription in Louisiana upon the debtor who is thus discharged subsequently coming into this State. All informali ties prescribed in five years. Absentees and C. C. 3532. Act 1855, p. 224. Sec. 2809. All informalities connected with or growing out of any public sale, made by any person authorized to sell at public auction, shall be prescribed against by those claiming under such sale, after the lapse of five years from the time of making it, whether against minors, married women, or interdicted persons. C. C. 3543. D. Sec. 168, 3392; 24 A. 24. Act 1834, p. 123, § 4. Act 1835, p. 78. Sec. 2810. The laws of prescription now existing, whereby the same foot- absentees and non-residents of the State are entitled to longer non-residents placed upon ing as resi dents. periods than persons present or residents in the State, before prescription can be acquired against them, are abolished; and hereafter absentees and non-residents of the State are to stand on the same footing, in relation to the laws of prescription, as persons present or residents of the State; Provided, That this Provided. section shall not apply to any prescription of one year or less. C. C. 3420 (3383), 3469 (3432), 3474 (3437), 3500 (3466), 3541 (3506); D. Sec. 2, 452. Act 1848, p. 60. Sec. 2811. The accounts of retailers of provisions and liquors, and the accounts of all merchants, whether selling by wholesale or retail, within this State, shall be prescribed by the lapse of Prescription of three years from the time the articles charged shall have been accounts. furnished to the purchaser; Provided, The above shall not ap- Provided. ply to retail vendors of ardent spirits in less quantity than one quart. The prescription of all open accounts, the prescription of which is ten years under existing laws, shall be prescribed by five years. C. C. 3538 (3503); D. Sec. 5, 453. Act 1850, p. 90, § 1, 2. Sec. 2812. All promissory notes, whether the same is nego- Prescription of tiable or otherwise, shall be prescribed by five years. C. C. 3540 (3505); D. Sec 334, 454. Act 1852, p. 90, § 3. promissory notes. judgments. Sec. 2813. Hereafter all judgments for money, whether rendered within or without the State, shall be prescribed by the Prescription of lapse of ten years from the rendition of such judgment; Provided, however, That any party interested in any judgment may Provided. have the same revived at any time before it is prescribed by having a citation issued according to law, to the defendant or his representative, from the court which rendered the judgment; and if he be absent, the court may appoint a curator ad hoc to represent him in the proceedings, upon whom the citation shall be served, unless the defendant or his representative shows good cause why the judgment should not be revived. Any judgment revived as provided above, shall continue in full force for ten years from the date of the order of court reviving the same; and any judgment may be revived as herein ments. provided for, as often as the party interested may desire. time within carried on. C. C. 3544 (3508), 3547; D. Sec. 455. Act 1853, p. 250, § 1, 2, 3. Sec. 2814. No person shall be prosecuted, tried or punished. for any offense, willful murder, arson, robbery, forgery and counterfeiting excepted, unless the indictment or presentment Limitation of for the same be found or exhibited within one year next after which prosecuthe offense shall have been made known to a public officer hav- tion may be ing the power to direct the investigation or prosecution. Nor shall any person be prosecuted for any fine or forfeiture, under any law of this State, unless the prosecution for the same shall be instituted within six months from the time of incurring such a fine or forfeiture. Nothing herein contained shall extend to any person absconding or fleeing from justice. D. Sec. 986. Act 1855, p. 151. Sec. 2815. All suits for the redhibitory defects of animals Suits, when to must be instituted within two months after the date of the sale be brought. thereof. D. Sec. 3196. Act 1828, p. 160, § 22. Sec. 2816. The sheriffs and their securities shall be able to Prescription prescribe against their acts of misfeasance, nonfeasance, costs, offenses, and quasi-offenses, after the lapse of two years from the day of the omission or commission of the acts complained of. in favor of sheriffs and securities. Term of prescription of privileges against ships, etc. inadmissible to tion by acknowledg D. Sec. 3546. Sec. 2817. The term of prescription of privileges against ships, steamboats and other vessels, shall be six months. D. Sec. 2891, 3671. Act 1858, p. 111 Sec. 2818. Hereafter parol evidence shall not be received to Parol evidence prove any acknowledgment and promise to pay any judgment, show interrup- sentence or decree of any court of competent jurisdiction, either in or out of this State, for the purpose or in order to take such ment of pre- judgment, sentence or decree out of prescription, or to recover against a judg- the same after prescription has run or been completed, but in all such cases the acknowledgment and promise to pay shall be proven by written evidence, signed by the debtor himself, or his specially authorized agent or attorney in fact. scription ment. Parol evidence C. C. 2278; D. Sec. 1441. Act 1858, p. 148. Sec. 2819. Hereafter parol evidence shall not be received to of acknowledge prove any acknowledgment or promise of a party deceased, to ment, so as to pay any debt or liability against his succession, in order to take such debt or liability out of prescription, or to revive the same after prescription has run or been completed, but in all such cases the acknowledgment or promise to pay shall be proven by written evidence, signed by the party deceased or his specially authorized agent or attorney in fact. interrupt prescription by persons deceased, inadmissible. inadmissible C. C. 2278; C. P. 985; D. Sec. 1442. Sec. 2820. Hereafter parol evidence shall not be received to Parol evidence prove any promise to pay the debt of a third person, but in all to prove prom- such cases the promise to pay shall be proven by written evidebt of a third dence, signed by the party to be charged or by his specially auperson. thorized agent or attorney in fact. ise to pay the Parol evidence inadmissible D. Sec. 1443. Sec. 2821. Hereafter parol evidence shall not be received to to prove prom- prove any promise to pay any written obligation when prescripten obligation tion has already run, but in all such cases the promise to pay when prescrip- shall be proven by written evidence. ise to pay writ tion already run. Prescription against actions against the city in certain cases. D. Sec. 1444. Sec. 2822. All actions for the enforcement of any contract entered into with the corporation of the city of New Orleans for work and labor to be performed, and for the recovery of any damages alleged to have arisen in favor of the contractors for any breach thereof on the part of the said corporation, shall be prescribed if not instituted within one year after the expiration of the time within which such contract is required to be per formed, or such damages are alleged to have arisen. Act 1858, p. 64. The electors of the president and vice-president shall be appointed in each State, on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed; Provided, That each State may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote; And provided also, When any State shall Time of holdhave held an election for the purpose of choosing electors, and president. shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law provide. ing election for Number of Except in case of an election of a president and vice-president of the United States, prior to the ordinary period, as hereinafter specified, electors shall be appointed in each State for the election of president and vice-president of the United States, within thirty-four days preceding the first Wednesday in December, one thousand seven hundred and ninety-two, and within thirty-four days preceding the first Wednesday in December in every fourth year succeeding the last election, which electors shall be equal to the number of senators and representatives to electors. which the several States may by law be entitled at the time when the president and vice-president, thus to be chosen, should come into office; Provided, always, That where no apportionment of representatives shall have been made after any enumeration, at the time of choosing electors, then the number of electors shall be according to the existing apportionment of senators and representatives. Electors shall meet and give their votes on the said first Wednesday in December, at such place in each State as shall be se |