and of the name of the intermeddler, under oath, made by any person, which, when so recorded, shall operate a mortgage on all the property then or subsequently owned by such person, interfering in the administration as aforesaid; and it shall be the special duty of the parish judge or recorder to cause said record to be made upon pain of any damages 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 their effects.

SEC. 1102 Article eleven hundred and sixteen shall be amended

and re-enacted so as to read as follows: "If several persons claim 1854-51. the curatorship, the judge shall appoint one of them to act as Art. 1116-C. C. curator; provided he have the requisite qualifications and offers sufficient security."

case of absence

SEC. 1103. Whenever the curator or attorney in fact of an absentee shall apply to the court, by a petition made under oath to the 1855-3. best of his knowledge and belief, setting forth, that, the absentee Proceedings in has not been heard from for the space of ten years, and that he has for more than no heirs known to him residing in the State; or when such facts ten years. relative to any absentee shall be known to the judge of the court, or due and satisfactory proof of the facts aforesaid shall be made to him by any other person than the curator or attorney in fact; it tled as in vacant shall be his duty, in all such cases, to order the sale of the property estates of such absentee in the same manner, and on the same conditions, and the funds to be paid into the State treasury in the same manner, as in cases of vacant successions.

Estate to be set

In every case when a curator of the absentee shall have been appointed and shall remain in the performance of his duty, it shall The curator to not be necessary to appoint one, but the curator of the absentee continue to act. shall continue to act as such.

1855 78.

administrators,

SEC. 1104. All suits brought against curators and other administrators, during their time of administration, shall, after the expiration Suits against of their time, and even after they have rendered their accounts to etc., to be conthe heirs, be continued and tried without any additional formality, tinued against except that of making the heirs parties, which shall be ordered by making them the court on motion of any one of the parties, or on application of parties. such heirs themselves.

the heirs by

to deposit money collected by

SEC. 1105. All executors, administrators, curators and syndics, shall deposit all moneys collected by them, as soon as the same shall Executors, etc., come into their hands, in one of the chartered banks of this State, or in one of their branches, allowing interest on deposits, if there be them in bank. one in the parish. They shall keep a bank book in their official name, and shall on no account withdraw the deposits, or any part thereof, until a tableau of distribution shall be homologated, or unless ordered by a competent court, and then only to pay such debts as may be

ordered for payment. On failure to comply with the provisions of Pena'ty for failthis section, they shall be condemned, jointly and severally with ing to do so. their securities, to pay to the use of the estate twenty per cent. interest per annum on the amount not deposited or withdrawn without authority, besides all special damage suffered, and shall be dismissed from office.

SEC. 1106. Any creditor or other person interested may at the regular sittings of the courts in New Orleans, and in the country, as well during the vacation as the sitting of the court having jurisdiction, file a motion to know whether any executor, administrator,

To exhibit an ac

count of funds on hand when

ever required.

To render an ac twelve months.

count once in

To remain in of

fice until the estate is finally settled.

May be compel led to give new

security.

To make sales or employ the she

riff or an auctioneer:

To qualify with

in ten days after

their appointment,

The heir or sur

or in an ordina

curator or syndic has any funds; and he shall be bound within ten days to file a true statement of his accounts and his bank book, if he has one, showing the amount of funds collected by him, and on failure so to do, shall be dismissed from office and pay ten per cent. per annum interest on any sums for which he may be responsible.

SEC. 1107. They shall, at least once in every twelve months, render to the court from which they received their appointment a full, fair and perfect account of their administration, and on failure so to do, shall be dismissed from office, and pay ten per cent. per annum interest on all sums for which they may be responsible, from the date of the expiration of the twelve months aforesaid.

SEC. 1108. They shall continue in office until the estate shall be finally wound up. Any creditor or person interested shall have the right to require that they shall give new or additional security for the faithful performance of their duties, as often as once in every twelve months, and oftener if the court, on motion to that effect, may judge it to be necessary.

SEC. 1109. Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or by an auctioneer, or to make it themselves; but in the event of making the sales themselves, they shall receive no commission therefor.

SEC. 1110. Whenever the testamentary executor, or any other administrator of a succession, shall suffer ten days to elapse after his confirmation or appointment, without having either qualified or caused an inventory to be at least begun, the judge shall forthwith and ex officio appoint a successor in office, as if no such officer had been confirmed or appointed.

SEC. 1111. Any executor, administrator, curator of vacant succesviving partner sion, or tutor, may purchase at the sale of the effects of the deceased, in community, whose estate he may represent, when he is the surviving partner in ry partnership, community, or ordinary partnership, or an heir or legatee of the authorized to deceased; and all purchases so made shall be considered as valid and binding as though made by any disinterested third party, and shall sented by them have full force against minors, interdicted persons and married

buy at sales of

estates repre

as executors,

etc.

1847-115.

women.

SEC. 1112. Curators, administrators, tutors and testamentary executors, who only wish to be absent for a time, ought not to lose Art. 1145-C. C. their administration on that account; provided they leave with some person residing in the parish, or in an adjoining parish, where the succession is opened, a general and special power of attorney to represent them in all the acts of their administration, and deposit an authentic copy of the power of attorney before their departure, in the office of the recorder in and for the parish where said succession has been opened, which power of attorney shall be duly registered.

1855-38.

and legatees to

per cent. on esby them.

tates inherited

SEC. 1113. Each and every person, not being domiciled in this State and not being a citizen of any State or Territory in the Union, Foreign heirs who shall be entitled, whether as heir, legatee or donee, to the whole pay a tax of ten or any part of the succession of a person deceased, whether such person shall have died in this State or elsewhere, shall pay a tax of ten per cent. on all sums or on the value of all property which he may have actually received from said succession, or so much thereof as is situated in this State after deducting all debts due by said succession; when the inheritance, donation or legacy consists of specific property and the same has not been sold, the appraisement

of estates to re

thereof in the inventory shall be considered as the value thereof. Every executor, curator, tutor or administrator having the charge of Representatives administration of succession property belonging in whole or in part tain the tax in to a person residing out of this State, and being a citizen of any their hands. other State or Territory, shall be bound to retain in his hands, the amount of the tax imposed, and to pay over the same to the State Treasurer, or to the officer appointed by him; in default whereof every such executor, curator, tutor or administrator, and his securi ties shall be liable for the amount thereof.

rest.

second day of

SEC. 1114. The following shall be considered as days of public rest in this State, namely: The First of January, the Eighth of 1855-47—8. 6. January, the Twenty-second of February, Fourth of July, Twenty- Days of public fifth of December, Sundays and Good Friday, and all promissory notes and bills of exchange shall be due and payable on the second Bills when payday of grace when the third is a day of public rest, and on the first able on the day of grace, when both the second and third are days of public grace. rest; and in computing the delay allowed for giving notice of nonacceptance or non-payment of a bill of exchange or promissory note, the days of public rest shall not be counted; and if the day or two when payable days next succeeding the protest for non-acceptance or non-payment on first day of shall be days of public rest, then the day next following shall be computed as the first day after the protest

grace.

deaf and dumb and blind estab

SEC. 1115. There shall be established an institution for the deaf, lished at Baton dumb and blind in the town of Baton Rouge.

Rouge,

1866-124.

SEC. 1116. The Governor of the State shall appoint every two years, by and with the advice and consent of the Senate, five resiAppointment of dent citizens of the State of Louisiana, who shall manage the Institution of the Deaf, Dumb and Blind, and be known under the name and style of the Board of Administrators of the Louisiana Institution for the Deaf, Dumb and Blind, at Baton Rouge, in this State.

five administrators.

of said administrators.

SEC. 1117. The board of administrators shall have a room Place of meeting appropriated for their exclusive use in the institution where they or a majority of them, shall meet monthly and as much oftener as they may deem expedient for the transaction of business. They shall keep a correct journal of their proceedings, and make annual reports to the General Assembly of the affairs and condition of said institution during the first week of each regular session of the Legislature.

SEC. 1118. They shall elect from among their members, one

President of the member to act as president of the board.

Board.

Quorum.

Duties of the board.

admission.

SEC. 1119. Three members of said board shall constitute a quorum to transact business, and shall have power to choose, from among themselves, one member to act as president pro tempore in the absence of the president.

SEC. 1120. The board shall have general superintendence and control of the institution, make all laws necessary for its management, and adopt such rules and regulations as may be required for the proper management of the institution and government of the pupils.

SEC. 1121. They shall receive, instruct and support in the asylum Conditions of all persons deaf, dumb and blind, who reside within the State of Louisiana, and are in indigent circumstances and unable to pay, or whose parents or guardians are unable to pay for the same, and the board shall have power to receive such other deaf, dumb and blind, on such terms and conditions as may be determined on by the board.

Powers of the board.

Election of a treasurer; his duties.

Election of a secretary; his duties.

Weekly inspection.

SEC. 1122. The board shall have power to appoint and remove the necessary superintendents, matrons, physicians, teachers and such other officers as they deem proper for the good management of the asylum, and to fix their compensation; to accept any donation or legacy for the sole or exclusive use of the asylum; to sue and be sued.

SEC. 1123. They shall elect annually a treasurer, who shall give bond and security for the faithful performance of his duty, and be approved by a majority of the board. It shall be his duty to receive quarterly, upon the warrant of the president of the board, whatever appropriations may be made by the State, and all other money or donations whatever for the benefit of the institution, to pay out on the order of the board all claims against the institution under such rules and restrictions as may be established by the board. They shall also elect a secretary, whose duty it shall be to keep an exact account of all money received and disbursed, of the property, credits and resources of the institution, and of all work done, and claims against the institution, and to be present and attend the meetings of the board; said treasurer, secretary and the superintendent shall keep their accounts and records in well bound books, subject at all times to the inspection of the board of administrators.

SEC. 1124. At each monthly meeting of the board, they shall appoint one of their members whose duty it shall be to visit the

institution at least once a week, and report to the next montly meeting the manner in which its affairs have been conducted.

ments.

SEC. 1125. The first appointments under this act shall be made within ten days after its passage. The board thus appointed shall Time of appoint immediately enter upon the discharge of its duties as provided by the foregoing sections of this act, and the members thereof shall continue in office for two years from the date of such appointment, and until their successors are appointed as provided in the eleven hundred and sixteenth section of this act, and have qualified.

SEC. 1126. The board of administrators of the Deaf, Dumb and 1859-171. Blind Asylum of this State be, and are hereby authorized and Board authoriz empowered to provide for the introduction of printing into the ed to introduce said institution, for the employment and education of the inmates institution.

thereof.

printing into the

SEC. 1127. Whenever it shall appear from an official publication 1855-268. that any person, acting as an officer within the State, is a defaulter, wode of proit shall be the duty of the judges of the several District and Parish ceeding against Courts to require the district attorney or district attorney pro tempore to proceed by rule against him for his removal from office after Duty of judges. ten days' notice.

defaulters.

Courts in certain

cases to declare

SEC. 1128. If upon the trial it should appear that he is a defaulter, the court shall declare the office vacant, subject to an appeal to the Supreme Court upon the defendant giving bond and security the office vacant for costs.

discharge duties

SEC. 1129. It shall not be lawful for any person to discharge the Persons not to duties of an officer pending the appeal allowed by the eleven hundred of office pending and twenty-eighth section of this act.

appeal.