taken. SEC. 3704. The sheriff, or other person making sales of succession property on credit terms, shall be authorized to receive for the price, Notes, how the notes of the purchasers, and identify them by description in the adjudication. The securities on the notes shall in all cases be approved by the vendors or the party rep esenting them. by the recorder. SEC. 3705. On the registering of such proces verbals of sales in the office of the recorder or register of conveyances of the parish To be paraphed where the property adju icated may be situated, the recorder or register shall be authorized to identify with the sales, the notes or bonds received, as above stated, by his paraph, in order that he may raise the mortgage when they shall have been made. 1852-200-1. quired by non ried persons to SEC. 3706. All property hereafter acquired in this State by non- Property ac resident married persons, whether the title thereto be in the name resident marof either the husband or wife, or in their joint names, shall be subject belong to the to the same provisions of law which now regulate the community of community of aquets and gains between citizens of this State. acquets and gains. husband or wife SEC 3707. In all cases hereafter, when either husband or wife 1844-99-1. shall die, leaving no ascendants or descendants, and without having the surviving disposed by last will and testament of his or her share, in the com- to have the usumunity property, such share shall be held by the survivor in usufruct fruct of the during his or her natural life. community in certain cases. chi.dren, com munity property SEC. 3708. In all cases when the predeceased husband or wife shall have left issue of the marriage with the survivor, and shall 1844–99—2. not have disposed by last will and testament of his or her share in When there are the community property, the survivor shall hold in usufruct during, his or her natural life, so much of the share of the deceased in said community property as may be inherited by such issue; Provided, however, That such usufruct shall cease whenever the survivor shall enter into a second marriage. how disposed of. SEC. 3709. It shall not be necessary for minor heirs to make any 1855-444. formal acceptance of a succession that may fall to them; but such Acceptance of a acceptance shall be considered as made for them with the beneit of succession by inventory by operation of law, and shall in all respects have tue force made. and effect of a formal acceptance. minors, how Testamentary SEC. 3710. Article sixteen hundred and seventy of the Civil Code 1868-117. of the State of Louisiana shall be and the same is hereby amended and reenacted so as to read as follows, to wit: The testamentary executor is not bound to accept the executorship, nor to give security when he does accept it, unless there should be debts due by the succession, or property in possession thereof, claimed by other persons. executor not re quired to give bonds in certain cases. Cases wherein bonds are re Any person having a claim for money against the succession, or claiming the ownership of specific property in possession thereof, whether such claim be liquidated or not, can compel the testamentary quired. executor to give security for an amount exceeding by one-fourth the amount of money on the appraised value of the property claimed. For this purpose, he shall present in open court or in chambers, to the judge of the court of probates wherein the succession has oath of aniount been opened, his petition, alleging under oath the sum due him, or his ownership of the property described. Settlement on due claimant. order the se It shall be the duty of the judge, without further proceeding or delay, to issue his order commanding the testamentary executor to Judge shall give the required security within thirty days from the service of the curity to be order. Should the testamentary executor, if present in the parish, given in thirty or in his absence, his agent or attorney at law, fail to furnish the required security within the delay allowed, it shall ipso facto work days. exceed by more an immediate removal of the testamentary executor, and the judge shall appoint a dative testamentary executor, But the testamentary executor shall not be required to give security Security not to for an aggregate sun exceeding one-fourth over and above the than one-fourth amount of the inventory, bad d bts deducted, and the securities may be furnished from any part of the State; and no proceeding under this article shall decide in any manner the merit of the claim against the succession. amount of in ventory. 1868-120. cases. SEC. 3711. Article nine hundred and ninety of the Code of Practice shall be and the same is hereby amended and reenacted, so as to read as follows: It shall be the duty of the several judges of probate, on the appliBonds in certain cation of the creditors, or any creditor of a vacant estate, to cause, on the requisite advertisement being made, so much of the property of the said estate as is necessary to pay the debts of the same which may be due, to be offered for sale, and sold at public auction to the highest bidder for cash, if the creditors require it; and if on thus offering said property for sale, the appraised value should not be bid and obtained, then the same, in not less than fifteen nor more than twenty-five days from the time it is thus offered, be sold at public auction, and, after public advertisement, to the highest bidder, for what it will bring, on a credit of twelve months; Provided however, That in all sales of effects belonging to successions, minors or interdicted persons on a credit, the purchaser shall give a twelve months' bond with good security, to be approved by the representative of the estate, minor or interdicted person, and a mortgage retained on the property sold; if it be mortgaged property, the bond to be duly recorded so as to operate a mortgage, such bond to have force and effect as twelve months' bonds taken in sales under writs of fieri facias, and the collection of such twelve months' bonds shall be enforced in the same manner as twelve months' bonds taken in accordance with articles seven hundred and nineteen and seven hundred and twenty of the Code of Practice, upon execution issued upon such twelve months' bond by the clerk of the court who issued the order for sale of the property, and such clerks are hereby authorized and required to issue such executions on the demand of any person having the legal right to control such bond. 1855-365. How and in what case sure SEC. 3712. Whenever it shall be made to appear to the satisfaction of the judge of any of the courts of this State having jurisdiction thereof, that any person who has been appointed to discharge the duties of administrator, executor, tutor, curator, or of any fiduout of the parish ciary trust whatever, is unable to give security in the parish, then and in such case the judge shall have power to order that sureties residing in any other parish be received. ties may be re ceived residing Who to judge of SEC. 3713. In all cases where surety is tendered of persons residing out of the parish, the judge alone shall pass on the sufficiency thereof, and shall require such proof as he may deem neces sufficiency of surety. Wha court has jurisdiction of actions against sureties afore said. sary. SEC. 3714. All actions on bonds against the sureties aforesaid may be instituted in the parish and court having original jurisdiction of the subject matter; and the parties thereto, when legally cited, No suit institut- shall be subject to the jurisdiction of the said court. 1866-42. ed against surety on tutor's bond unless SEC. 3715. No suit shall be instituted against any security on steps to enforce any appeal bond, nor on the bond of any administrator, tutor, curator, executor or syndic, until the necessary steps shall have been taken to enforce payment against the principal. payment from principal be taken. Formalities to SEC. 3716. The securities on the bonds of any administrator, executor, curator, or tutor, in any parish in this State, shall have 1859-174. the right to be released from any further liability on said bond, by be complied causing their principal to be cited into the parish court, in the parish with by sureties where the parties reside, by petition setting forth their fears that wishing to be said administrator, executor, curator, or tutor, is mismanaging the their bond. estate under his charge, and that they are in danger of being injured seriously by his conduct, and praying that he shall be required to give new security. released from maladministra bond, otherwise SEC. 3717. On due proof being made of maladministration by such administrator, executor, curator, or tutor thus cited, the court on proof of shall require him to give a new bond with other sufficient security tion principal to for the faithful administration of the said estate, and upon failure to furnish new do so within three days after such order, he shall be forthwith to be removed. removed from the administration thereof, and the judge shall proceed at once to the appointment of another administrator, executor, curator, or tutor, who shall be required to give security in manner and form, as now required by law, and, this being done, the former securities on the bond shall be released from all liability for any Release of semaladministration of such administrator, executor, curator, or tutor, curities, when from and after the execution of the new bond with security as aforesaid. to take place. what papers to SEC. 3718. In any of the parishes of this State other than the parish of Orleans, the Governor, Lieutenant Governor, Speaker 1868-3. etc., or a majority of them, shall also select and contract with jour- Advertising, in nals published in such parishes to publish either the laws of the be done. State or journals of the General Assembly, or both, as may be deemed necessary and proper, and also be and hereby are empowered to designate certain journals to perform and publish the parochial and judicial printing and advertising of the parishes respectively in which such journals may be published. In case no paper is publish in any parish of this State, such publication may be authorized to be made in a paper published near thereto. Such selection and contract shall be for the same period prescribed by section two thousand nine hundred and eighty-seven of this act. Each paper, so contracted with, shall be the official journal of the parish wherein it shall be published, and all parochial and judicial printing and advertising for or in said parish shall be done by and published in said journal, and after such selection and contract, and notice thereof to the police jury, clerk of court, and sheriff of said parish, every publication and advertisement in any other paper than the one so selected shall, during the term of such selection and contract, be null and void for any legal purpose. cession prop heirs. SEC. 3719. When heirs of a succession hold property in common, and it is the wish of any one of them, or of minor represented 1869–207. by his tutor or tutrix, to effect a partition on the advice of a family Partition of suc meeting, duly convened according to law, to represent the minor or erty among minor's, said property may be sold at private sale for its appraised value, said appraisement to be made and the terms of said sale to be fixed by the family meeting, and said proceedings to be homologated by the judge of probates of the parish in which the minor resides. ་་་་་ 1865-365. How and in what case sure ties may be re ceived residing out of the parish sufficiency of surety. SEC. 3720. Whenever it shall be made to appear to the satisfaction of the judge of any of the courts of this State having jurisdiction thereof that any person who has been appointed to discharge the duties of administrator, executor, tutor, curator, or of any fiduciary trust whatever, is unable to give security in the parish, then and in such case the judge shall have power to order that sureties residing in any other parish be received. SEC. 3721. In all cases where surety is tendered of persons residWho to judge of ing out of the parish, the judge alone shall pass on the sufficiency thereof, and shall require such proof as he may deem necessary. SEC. 3722. All actions on bonds against the sureties aforesaid be instituted in the parish and court having original jurisdicmay actions against tion of the subject matter; and the parties thereto, when legally cited, shall be subject to the jurisdiction of the said court. What court has Jurisdiction of sureties afore said. on twelve SEC. 3723. Whenever a person bound as security upon a twelve Subrogation in months' bond, has paid the same, he shall be subrogated to all the favor of security rights which the original creditor had at the time such bond was months' bond. given, or at the time the bond is paid by such security; Provided, Proviso. however, That this section shall only apply where the property has been adjudicated to the defendant in the judgment, and he is the principal upon such twelve months' bond. 1866-42. surety on tutor's SEC 3724. No suit shall be instituted against any security on any appeal bond, nor on the bond of any administrator, tutor, cura- bond unless tor, executor or syndic, until the necessary steps shall have been punto force taken to enforce payment against the principal. payment from principal be taken. SEC. 372. Whenever an execution shall issue, it shall be lawful for the officer to whom it may be directed, to seize and sell, accord- 1855-81. ing to law, any lands which may have belonged to the principal Mode of executobligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever sureties not to hands the same shall be found. No sale shall be made of the property of the sureties until that of the principal shall have been discussed. ing writ. be proceeded against until the property of the principal is discussed. sureties may SEC. 3726. The securities on all bonds given by sheriffs and collectors of State and parish taxes, and also the sureties on bonds In what bonds given by all other parish and State officers, (except the State Treas- stipulate the urer and Auditor of Public Accounts,) may stipulate the amount for amount of their which they will severally become liable, which shall be expressed in the bond. liability. SEC. 3727. The Governor is authorized to raise and annul, on the application of any interested party, all bonds with security and Official bonds to all mortgages which have been furnished by any public officer who the Governor. may have resigned or died, or whose office, may have expired by limitation, or when dismissed from office, whenever there shall be no opposition thereto, after public notice, as provided in the following section, and when he shall be satisfied that the duties and obliga tions imposed by law on such public officer, and for the faithful performance of which the bond and mortgage had been furnished, were either by him or successors or assigns faithfully executed. be given. SEC. 3728. It shall be the duty of the Governor to give notice in English, by publication during thirty days consecutively in the Public notice to official paper, to all persons interested, to show cause in writing, at the office of the Secretary of State, within ninety days from the last publication, why the bond and mortgage, for the canceling of which application was made, should not be by him raised and canceled. SEC. 3729. Whenever after such notice any opposition shall be Proceedings made, it shall be the duty of the Governor to refer the parties to when opposition any court of competent jurisdiction, that it may be decided on their respective rights according to law. is made. SEC. 3730. The time given by article two hundred and twenty- 1826-168-6. seven shall be twenty instead of ten days, for excepting to the Art. 227, C. P. securities taken by the sheriff; and out of the First Judicial District, Exception to instead of moving for a rule of court, the plaintiff may make his exceptions before the judge in chambers. sureties. Art. 235, O. P. SEC. 3731. Article two hundred and thirty-five of Code of Practice shall be so amended that the surety therein mentioned, against 1839-162-2. whom a motion shall have been made to render him liable for the Liability of amount of the judgment given against the debtor, shall be tried surety to be summarily, and without the intervention of a jury, unless the surety tried summarily |