1855-320. Duty of notaries REGISTRY. SEC. 3165. It shall be the duty of the notaries in New Orleans to cause every deed of sale, donation, or any other sort of conveyance to have convey. Of real estate, passed before them respectively, even when the parties ances rec.rded. shall agree to dispense therewith, to be registered at the office of the register of conveyances for New Orleans, within forty-eight hours after the passage of said acts, and this under the penalty of five hundred dollars fine, to be recovered before any court of competent jurisdiction, for the use and profit of the Charity Hospital, and also under the penalty of being liable for all damages which the parties may suffer through the neglect of said notary to register the said acts. Certificate to be grated by register of convey ances. 1868-242. SEC. 3166. It shall be the duty of said register of conveyances to affix to the act to be enregistered a certificate that he has enregistered the same. SEC. 3167. The register of conveyances is authorized to cause so many of the books of records and indexes now in the office of regRebinding and ister of conveyances for the parish of Orleans to be rebound, relettered and numbered and written over as shall be necessary to perpetuate and preserve said valuable records for public use. relettering rec ords. Expense to be paid by the city SEC. 3168. The expense for the binding, lettering and writing over said books shall be paid out of the treasury of the city of New of New Orleans. Orleans, not to exceed five thousand dollars, upon warrants issued by the Controller of the city, approved by the Mayor thereof, at rates which shall seem to the Mayor reasonable. 1855-321. Recorder of mortgages to be appointed by the G vernor. His term of office. His bond. RECORDER OF MORTGAGES FOR THE PARISH OF ORLEANS. SEC. 3169. The Governor shall nominate, and by and with the advice and consent of the Senate appoint a recorder of mortgages for the parish of Orleans, who shall hold his office for two years, and until his successor shall be duly appointed and qualified. SEC. 3170. He shall furnish to the Governor of the State his bond, with one or more securities, to the amount of forty thousand dollars, for the faithful execution of the duties required of him by law, and for the payment of such damages as may be sustained by his failure to discharge such duties. SEC. 3171. He is authorized and empowered to appoint a deputy, Deputy recorder whose duties shall be the same as those of said recorder; Provided, That he and his sureties shall be responsible for the official acts of said deputy. 1855-162. SEC. 3172. The register of conveyances and recorder of mortFees of recorder gages of the city of New Orleans shall be entitled to the following of mortgages fees of office: and register of conveyances in New Orleans. 1866-206. Release of mort For each registry of mortgage, one dollar and fifty cents. For certificate of mortgage, one dollar. For canceling a mortgage, one dollar. For each registry of conveyance, one dollar. For certificates of conveyance, one dollar. For any other certificate required of them in their respective offices under the provisions of the law, fifty cents. SEC. 3173. .The recorder of mortgages of the parish of Orleans be, and is hereby authorized and required, on the application in gages furnished Writing of any notary or the legal representative of any notary in by any notaries. said parish, whose bond furnished under the second section of the act of the General Assembly of this State, entitled "An Act relative to notaries in New Orleans," approved March 14, 1855, may have been recorded in the office of said recorder of mortgages, to erase and cancel from his books the mortgage resulting from said inscription; Provided, It shall be made to appear to the said recorder, by a certificate of the register of conveyances of said parish, that such notary has furnished and recorded in the office of the said register of conveyances a bond, as required by the second section of the act of the General Assembly of this State, entitled "An Act relative to notaries public in and for the parish and city of New Orleans," approved March 12, 1857. SEC. 3174. For the services required by the foregoing section the said recorder of mortgages and register of conveyances shall receive Fees allowed. from the party applying therefor the fee established by law for issuing a certificate or erasing a mortgage, and no more. SEC. 3175. It shall be, and is hereby made the duty of the recorder of mortgages in and for the parish of Orleans, to make and keep: First-A general index of all conventional mortgages which have been inscribed in the records of his office. Second-A general index of all judicial mortgages which have been inscribed as aforesaid. 1869-135. Ge. eral i dex of udicial mort Third-A general index of all donations which have been inscribed gages. as aforesaid. SEC. 3176. Thereafter the said indexes shall be continued and kept by said recorder, as well as the indexes required by existing was for each book. Index of donat ons. RECORDER OF MORTGAGES FOR ORLEANS. SEC. 3177. Besides the several registers required by existing laws, the said recorder of mortgages shall provide and hereafter keep the following books, with a separate index to each, viz: First-A separate register in which shall be reinscribed all mortgages in favor of the Citizens' Bank of Louisiana, and in which shall hereafter be inscribed all similar mortgages. Register of mor gages to Citizens' Bank. Register of minors, inter mortgages to dicted and absent persons. Second-A separate register in which shall be reinscribed all mortgages in favor of minors, interdicted and absent persons, and in which shall hereafter be inscribed all similar mortgages. Third-A separate register in which shall be reinscribed all mortgages and other liens now recorded for ground rents in favor of the Register of State of Louisiana and parish of Orleans and the city of New mortgages for ground rents. Orleans, and in which shall hereafter be inscribed all similar mortgages and liens. SEC. 3178. The Governor and Lieutenant Governor of the State and the Mayor of New Orleans, or a majority of them, shall appoint Committee of a committee, consisting of three responsible notaries public, of the supervision. parish of Orleans, under whose supervision and instruction the said registers and indexes shall be made; but the said notaries shall receive no compensation for their services. SEC. 3179. The expenses and charges attendant upon the performance of said work shall be paid by the city of New Orleans, at the rates now established by law upon the order of the aforesaid notaries, or a majority of them, accompanied by their certificate that the work has been properly and satisfactorily performed. 1858-221. Certificate of mortgages SEC. 3180. Whenever the city of New Orleans, through her proper officers, shall apply to the recorder of mortgages of said city of New Orleans for certificates of mortgages recorded against said against the city city of New Orleans, it shall be the duty of said recorder of mortonly to contain gages to mention in such certificate only special mortgages which gages recorded have been granted by said city of New Orleans, and to omit all against the city. judicial mortgages arising from the inscription of judgments rendered against said city of New Orleans and recorded in said mortgage office. special mort SEC. 3181. Hereafter no inscription of a judgment rendered Record of judg- against said city of New Orleans shall operate as a judicial mortgage against any property of the said city of New Orleans. ment not to op rate as a mo.tgage. 1857-185. SEIZURES IN THE PARISHES OF ORLEANS AND JEFFERSON. SEC. 3182. Whenever a party to any judicial proceeding whatsoever shall desire the sheriff or other officer of the parishes of Orleans Duty of persons or Jefferson, to whom any order or writ may have been directed, levying on land- ordering said sheriff or other officer to seize, under mesne or final the parishes of process, any tract of land, lot or parcel of ground, whether vacant ed property in Orleans and or improved, which shall be situated in said parishes of Orleans or Jefferson, the party desiring such seizure shall annex to such writ or order, at the time it is issued, or give to the sheriff or other officer to whom such writ or order may have been directed, an exact and complete description, with the metes and bounds of the property to be seized. SEC. 3183. The sheriff or other officer to whom such writ or Duty of the off- order may have been directed, shall make, or cause to be made, three cer executing the seizure. Notice to be given to the party. cer executing the writ. notices, containing the title of the suit, the number upon the docket, and name of the court from which the writ or order was issued, and the amount of the claim specified in said order or writ; also, an exact copy of the description given him, and of the metes and bounds of the property to be seized. SEC. 3184. The said sheriff or other officer shall serve, or cause to be served, upon the party whose property is to be seized, one of the notices mentioned in the foregoing section, and shall also cause to be recorded in the office of the recorder of mortgages of the parish where the property may be situated, another of said notices. SEC. 3185. As soon as said notices shall have been recorded, as Luty of the off- provided for in the foregoing section of this act, the sheriff or officer shall enter upon a book in his office, to be known as the Seizure Book," the description given of the property seized, together with the day and hour of its recordation in the office of the recorder of mortgages, and shall, upon the notice remaining in his hands, make due return of the service and date and hour of its recordation. SEC. 3186. The recording of the description and notice mentioned Effect of record- above, shall be deemed and considered as the seizure and possession by the sheriff of the property therein described, and it shall be unnecessary to appoint a keeper thereof. ing. SEC. 3187. The fee of the recorder of mortgages for recording Fees of record- the notice delivered to him by the sheriff shall be one dollar for ing, how and by each notice, to be paid by the sheriff, and the sheriff shall not be obliged to make any seizure, in the manner prescribed by this act, unless the plaintiff advances to him in cash the sum of one dollar whom paid. which is to be taxed as part of the costs of suit, and the sheriff shall also be entitled to a fee of fifty cents for each seizure recorded in the seizure book kept in his office. REGISTRY. Notaria. acts to affect third per Bons. Manner and ing certain acts. SEC. 3188. No notarial act concerning immovable property shall 1855-235. have any effect against third persons until the same shall have been be recorded to recorded in the office of the parish recorder or register of conveyances of the parish where such immovable property is situate. SEC. 3189. All sales of lands made by any sheriff or other officer, by virtue of any execution; all marriage contracts made within this State tending in anywise to convey, transfer, assure, or affect the estates of the parties, or being only intended to ascertain the dotal rights of the wife, or that her marriage portion is liable to some reserves, or stipulated to be paraphernalia, or extra dotal property; all final judgments shall be recorded as follows, to wit: where lands or other immovable property are to be affected, the recording shall be in the parish where the lands or other immovable estates shall be situate. Said acts to be And all sales, contracts and judgments, which shall not be so null it not rerecorded, shall be utterly null and void, except between the parties colded. thereto. The recording may be made at any time, but shall only or affects third affect third persons from the time of the recording. When said rec persons. Bein members SEC. 3190. In all civil and criminal causes in which the State, the parishes, or political or religious corporations are interested, it shall 1855-333. not be sufficient cause to cha lenge the judge or justices of the peace Bivil or realwho may have cognizance of the case, nor the sheriff nor the execu- gous corpora tive officer, nor any of the jurors who are called on to serve in the tins not cause cause, to allege that they are citizens or inhabitants of the State or of the parishes, or members of the said political or religious corporations, or that they pay any State, parish or city tax. 1or chal enge. Criminal cases SEC. 3191. Any judge may he recused or may recuse himself in 1858-219. criminal cases, if said judge be connected by blood or marriage with any person charged with any offense against the laws of the State. in which judges may be ecused. 1828-152-5 C. P. Judge being a SEC. 3192. The fourth paragraph of the three hundred and thirtyeighth article of the Code of Practice is repealed; and no judge shall be rendered incompetent to sit on trial of any cause now pending, with less no cause or which may hereafter be instituted in any of the courts of this State, in consequence of his being a material witness in the case, in favor of either party; his being a witness shall no longer be a cause of recusation. of recusati n. 1850-28. Judges of Cupreme and other SEC. 3193. Whenever, in any case before the Supreme Court, or any other court having appellate jurisdiction, the judgment appealed from shall have been rendered, in the first instance, by any judge of couts, when to the said appellate court, at a time when he was a judge of the court of original jurisdiction, it shall be the duty of said judge ex officio to recuse himself, without its being necessary that a motion be made to that effect by any of the parties. recuse them selves. 1869-63. trict judges in absence or re cusation.f parish judges. SEC. 3194. The district judges of the several judicial districts of this State, or the parish judge of any adjoining parish, shall, in the Powers of dis absence of the parish judges from their respective parishes, or when the parish judge is interested, or from any cause is recused or can not act, grant all orders of any and every kind in cases of any kind in the parish courts which might have been granted by the parish judge if not absent or recused, which absence or recusation must be made to appear by the affidavit of the party or his attorney, who applies for such orders. 1868-12. Powers of par ish judges in absence or re cusation of uis trict judges. SEC. 3195. The several parish judges shall have the power, in the absence of the district judge from the several parishes, or when he is interested, to act in cases before the district court in granting orders of arrest, attachment, sequestration, provisional seizures and orders of seizure and sale; to issue writs of possession and distringas; to grant orders setting aside sequestrations, and fixing the amount of the bonds therefor; to grant injunctions in all cases where it is legal to do so; to grant appeals and fix the amount of bonds thereof when the same is not fixed by law; to issue commissions to take testimony of witnesses residing out of the parish, where it is made to appear the witness is about to depart, or where, from any other cause, the party desiring his testimony may have cause to apprehend that he will otherwise be deprived of it; and to appoint a commissioner to execute the same; and to fix the return day thereof; and to appoint tutors or curators ad hoc in all cases; and parish judges arc empowered to grant these orders or writs when application is made to them in proper form according to the laws of this State therefor, and when the party or his attorney makes oath that the district judge is absent from the parish, or that, being interested, he unable to give the orders. REDHIBITION. 1828-160-22. Buits, where to be brought. SEC. 3196. All suits for the redhibitory defects of animals must be instituted within two months after the date of the sale thereof. |