All informali ies SEC. 2809. All informalities connected with or growing out of any public sale, made by any person authorized to sell at public auction, 1855-76. shall be prescribed against by those claiming under such sale, after pre-cr bed in the lapse of five years from the time of making it, whether against five years. minors, married women, or interdicted persons. Art. 3420, C. C. SEC. 2810. The laws of prescription now existing, whereby absentees and non-residents of the State are entitled to longer 184-60. periods than persons present or residents in the State, before pre- Absentees and scription can be acquired against them, are abolished; and hereafter non-residents absentees and non-residents of the State are to stand on the same placed upon the footing, in relation to the laws of prescription, as persons present or residents. residents of the State; Provided, That this section shall not apply to any prescription of one year or less. same ooting as Prescription of SEC. 2811. The accounts of retailers of provisions and liquors, and the accounts of all merchants, whether selling by wholesale or 1850-90-1 & 2 retail, within this State, shall be prescribed by the lapse of three Art. 3503, 0. C. years from the time the articles charged shall have been furnished acc.unts. to the purchaser; Provided, The above shall not apply to retail vendors of ardent spirits in less quantity than one quart. 1852-90-3. Art 3505, C. C. The prescription of all open accounts, the prescription of which is ten years under existing laws, shall be prescribed by five years. SEC. 2812. All promissory notes, whether the same is negotiable Prescription of or otherwise, shall be prescribed by five years. promissory notes. and 3. judgu.ents. SEC. 2813. Hereafter all judgments for money, whether rendered within or without the State, shall be prescribed by the lapse of ten 1853-2:0-1, 2 years from the rendition of such judgment; Provided, however, That Art. 3508, C. C any party interested in any judgment may have the same revived at Prescription of 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. Revising judg Any judgment revived as provided above, shall continue in full force for ten years from the date of the order of court reviving the ments. same; and any judgment may be revived as herein provided for, as often as the party interested may desire. Limitation of ried on. SEC. 2814. No person shall be prosecuted, tried or punished for any offense, willful murder, arson, robbery, forgery and counter- 1855-151. feiting excepted, unless the indictment or presentment for the same time within be found or exhibited within one year next after the offense shall which prosecuhave been made known to a public officer having the power to direct tion may be care 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. SEC. 2815. All suits for the redhibitory defects of animals must be instituted within two months after the date of the sale thereof. SEC. 2816. The sheriffs and their securities shall be able to 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. 1828-160-22. Suits, when to be brought. Prescription in and securities. favor of sheriffs 1858-111. Term of pre SEC. 2817. The term of prescription of privileges against ships, scription of pri steamboats and other vessels, shall be six months. vileges against ships, etc. 1858-148. inadmissible to SEC. 2818. Hereafter parol evidence shall not be received to prove any acknowledgment and promise to pay any judgment, senParol evidence tence or decree of any court of competent jurisdiction, either in or show interrup out of this State, for the purpose or in order to take such judgment, tion by acknowl- sentence or decree out of prescription, or to recover 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 ovidence, signed by the debtor himself, or his specially authorized agent or attorney in fact. edgment of proscription against a judg ment, Parol evidence of acknowledg ment, so as to interrupt prescription by persons dc cea ed, inad. missible. inadmissible to SEC. 2819. Hereafter parol evidence shall not be received to prove any acknowledgment or promise of a party deceased, 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 evidenc, signed by the party deceased or his specially authorized agent or attorney in fact. 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 such cases the promise to pay shall be proven by written evidence, signed by the party to be charged or by his specially authorized agent or attorney in fact. prove promise to pay the debt of a third person. Parol evidence inadmissible to prove promise to pay written obligation when prescription has already run. 1858-64. Prescription against actions SEC. 2821. Hereafter parol evidence shall not be received to prove any promise to pay any written obligation when prescription has already run, but in all such cases the promise to pay shall be proven by written evidence. 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 again't the city 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 performed, or such damages are alleged to have arisen. in certain cases. The Electors of the President and Vice President shall be appointed in each State, on the Tuesday next after the first Monday Act approved in the month of November of the year in which they are to be United States appointed; Provided, That each State may by law provide for the Statutes. filling of any vacancy or vacancies which may occur in its college of January 23, 1845 electors when such college meets to give its electoral vote; And Vol. 5. p. 721. provided also, When any State shall have held an election for the ef holding purpose of choosing Electors, and shall fail to make a choice on the President. day aforesaid, then the Electors may be appointed on a subsequent day in such manner as the State shall by law provide. Except in case of an election of a President and Vice President election for March 1, 1792. Electors. of the United States, prior to the ordinary period, as hereinafter Act approved specified, Electors shall be appointed in each State for the election Vol. 1, p. 239. of President and Vice President of the United States, within thirty- Number of 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 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 appor tionment of Senators and Representatives. of meeting. Electors shall meet and give their votes on the said first Wednesday in December, at such place in each State as shall be selected by Vol. 1-239-2. the Legislature thereof; and the Electors in each State shall make Time and place and sign three certificates of all the votes by them given, and shall seal up the same, certifying on each that a list of the votes of such State for President and Vice President is contained therein, and shall, by writing, under their hands, or under the hands of a majority of them, appoint a person to take charge of, and deliver to the President of the Senate, at the seat of government, before the first Wednesday in January then next ensuing, one of the said certificates, and the said Electors shall forthwith forward by the postoffice to the President of the Senate, at the seat of government, one other of the said certificates, and shall forthwith cause the other of the said certificates to be delivered to the judge of that district in which the said Electors shall assemble. Vol. 1-240-3. The executive authority of each State shall cause three lists of the names of the Electors of such State to be made and certified, Three lists of and to be delivered to the Electors on or before the first Wednesday El ctors to be in December, and the said Electors shall annex one of the said lists to each of the lists of their votes. made. ing the election SEC. 2823. In every year in which an election is to be held for Electors of President and Vice President of the United States, such 1868-245. election shall be held on Tuesday next after the first Monday in the Time for holdmonth of November in such year, in accordance with an act of the for Elector. Congress of the United States, approved January twenty-three, eighteen hundred and forty-five, entitled "An Act to establish a uniform time for holding elections for Electors for President and Vice President in all of the States of the Union," and such elections shall be held and conducted in the manner and form provided by law for general State elections. SEC. 2824. Every qualified voter in the State shall vote for Manner of Electors as follows: Two persons shall be selected from the State at voing. large, and one person shall be chosen from each Congressional District in this State; and in case any ticket shall contain two or more names of persons residing in the same district (except the two chosen from the State at large), the first of such names only shall be considered as duly voted for. SEC. 2825. No person shall be considered a qualified Elector who Qualifications of is not a qualified voter, in the district for which he is chosen, or in case of being selected. for the State at large, then of some parish of the State. Electors. returns. SEC. 2826. Immediately after the receipt of a return from each Examiring the parish, or on the fourth Monday of November, if the returns should not sooner arrive, the Governor, in presence of the Secretary of State, the Attorney General, a district judge of the district in which the seat of government may be established, or any two of them, shall examine the returns and ascertain therefrom the persons who have been duly elected Electors. SEC. 2827. One of the returns from each parish, indorsed by the Governor, shall be placed on file and preserved among the archives served by ecre- of the Secretary of State. Records pre tary of state. Publication of SEO. 2828. The names of the persons elected, together with a copy of the returns from the several parishes, shall forthwith be names of Elec- published in the newspaper or papers in which the laws of the State may be directed to be published. tors chosen. SEC. 2829. The Electors shall meet at the seat of government on Electors to vote the day appointed for their meeting by the act of Congress (the on the first Wed- first Wednesday in December), and shall then and there proceed to execute the duties and services enjoined upon them by the constitution of the United States in the manner therein prescribed. nesday in De cember. toral college, SEC. 2830. If any one or more of the Electors chosen by the peoVacancy in elec- ple shall fail from any cause whatever to attend at the appointed place, at the hour of four P. M. of the day prescribed for their meeting, it shall be the duty of the other Electors immediately to proceed by ballot to supply such vacancy or vacancies. how filled. SEC. 2831. Each Elector shall receive the same daily compensation Compensation. and allowance which at that time shall be allowed by law to members of the General Assembly, to be paid by the Treasurer of the State on warrants signed by the Governor. 1855-481. New par sh, SEC. 2832. When a new parish shall be established it shall form when created, to a part of the district to which it belonged previous to its change of what district it organization. shall belong. Mileage for conveying prisoners...2844 Clergymen to be appointed to preach to convicts-their salary 2857 ..2858 Dutics of physician and chaplains 2859 .2818 from the others..... .2862 2864 Removal of convicts to penitentiary 2849 Prior lease of penitentiary ratified and approved.... 2866 SEC. 2833. Each sheriff shall be the keeper of the public jail of 1855-366. his parish, and shall by all lawful means preserve the peace and Sheriff keeper apprehend all disturbers thereof, and other public offenders. of jail. SEC. 2834. The police juries in each and every parish of this State, and the Common Council of New Orleans, shall have power 1816-24-1. to pass such bylaws and regulations as they may deem expedient for Police juries to the police and good government of the jails and public prisons in police of jails. their parishes respectively. regulate the appointed. SEC. 2835. A physician shall be annually appointed by the police 1817-206-4. jury in each and every parish, who shall attend such prisoners as Physicians to be are at the charge of the State whenever they are sick. His salary 1852-188 – 1. shall be fixed by the police jury. furnished pris SEC. 2836. The sheriffs, jailers, prison keepers and their deputies shall furnish to each and every prisoner the following per diem 1814-38-2 & 3. allowance of sound and wholesome provisions, to wit: One pound Provisions to be of beef, or three-quarters of a pound of pork; one pound of wheaten oners. bread; one pound of potatoes or one gill of rice, and at the rate of four quarts of vinegar aud two quarts of salt to every one hundred rations. furnished. SEC. 2837. In addition to the nourishment allowed by law to such prisoners as are confined for crimes and misdemeanors, they shall, 1817-206-8. at the beginning of the winter season, be allowed each one blanket Clothing to be capot, one shirt, one pair of woolen trowsers and one pair of coarse shoes, and a shirt and a pair of trowsers of coarse linen for summer; and twelve and a half cents per day shall further be allowed to the keeper of the jail for each and every prisoner who is sick, in order that the said sick prisoners may be taken care of as their situation may require. |