be appropriated on certain condi SEC. 3806. All moneys which may be received into the treasury from and after the first day of January, eighteen hundred and forty- 1855-393. nine, from the sale of any property belonging to the State, from the Certain funds to sale of any stocks or from any dividends due or to become due from to the purchase any bank or banks not otherwise appropriated; or from any taxes of bords of State due prior to the first day of January, eighteen hundred and forty- tions s ven; or from any money now in the treasury belonging to the seminary fund or free school fund, or any moneys which may hereafter be received into the treasury belonging to said seminary funds or said free school fund, which are by law required to be vested into a permanent fund arising from the ten per cent. of the net proceeds of the public lands of the United States accruing to this State, or from any other source whatever; or any unappropriated surplus of the internal improvement fund and any unappropriated surplus of the road and levee fund remaining in the treasury at the end of each and every fiscal year, commencing on the first of January next, eighteen hundred and forty-nine; any moneys in the treasury at the end of each and every fiscal year, exceeding by fifty thousand dollars the necessary expenditures and appropriations according to existing law, shall be employed in the purchase of the existing outstanding bonds of this State not due, provided the same can be purchased at the rate not above par. Manner in which SEC. 3807. It shall be the duty of the Auditor and Treasurer to make up a correct statement of the balance and surpluses provided said bonds shall for in the preceding section at the end of each any every fiscal year; be purchased. Interest on said funds, now ap plied. 1855-422. Duty of trees uter in relation fund. and after advertising thirty days for proposals, the said Auditor and Treasurer shall, with the Governor of the State, proceed to purchase such bonds as may be offered at the lowest rate, or on terms most advantageous to the State. SEC. 3808. An interest at the rate of six per cent. per annum shall be allowed on all the moneys employed as stipulated in the two preceding sections arising from the seminary fund, ten per cent. free school fund, internal improvement fund, and road and levee fund; and the same shall be carried to the credit of said funds respectively, and the interest so accruing to the road and levee fund and the internal improvement fund, together with the principal so employed, shall be reimbursed whenever the same may be required. SEC. 3809. The proceeds of all lands heretofore granted by the United States to this State for the use or support of schools, except the sixteenth section in the various townships of the States specially tiree school reserved by Congress for the use and benefit of the people therein, and of all lands which may hereafter be granted or bequeathed to the State and not specially granted or bequeathed for any other purpose which hereafter may be disposed of by the State, and the ten per cent. of the net proceeds of the sales of the public land which have accrued and are to accrue to this State under the act of Congress, entitled "An Act to appropriate the proceeds of the public lands," and to grant preemption rights, approved September fourth, eighteen hundred and forty-one; and the proceeds of the estates of deceased persons, to which the State has or may become entitled by law shall be held by the State as a loan, and shall be and remain a Interest on said perpetual fund, to be called the free school fund, on which the State shall pay an annual interest of six per cent., which interest, together with the interest of the trust fund deposited with this State by the United States, under the act of Congress approved the twenty-third of June, eighteen hundred and thirty-six, with the rents of all the unsold lands, except that of the sixteenth sections, shall be appropriated for the support of public schools in this State, and donations of all kinds which shall be made for the support of schools, and such other means as the Legislature may from time to time set apart for school purposes, shall form a part of the fund, and shall, also, be schools, how dis. a loan on which the State shall pay an interest of six per cent. per fund, how ap propriated. Donations for support of posed of. 1857-195. to be opened in books of the treasury. annum. It shall be the duty of the Treasurer of the State to apply annually, and to receive from the General Government the said ten per cent. of moneys now due and to become due to this State, and to place the same when received to the credit of the proper fund, and to report thereon to each session of the General Assembly. SEC. 3810. An account shall be opened on the books of the treasury, to be called the current school fund; such account shall be Certain accounts charged with the annual expenditures for the public schools, and credited with the net receipts for the special taxes laid by the General Assembly for the support of the public schools, and with the receipts from such other sources as may be designated by law. It shall be the duty of the Auditor, in his annual report, to present a statement of the conditions of said fund, and an estimate of the special tax needed for the support of the public schools during the ensuing year beyond the receipts for said support from other sources. It shall be the duty of the Superintendent of Public Education to furnish the Auditor with all the information he may require for his said report. fund aud sur SEC. 3811. The current school fund shall be used for the support of the public schools, and the surplus of receipts over expenditures How the school for one year, shall be appropriated to the support of the public plus sha 1 be apschools during the ensuing year; and the act number two hundred Pie (er ain laws reand twenty-one of eighteen hundred and fifty-four, and acts one pealed. hundred and eighty and two hundred and sixty-five, of eighteen hundred and fifty-five, which direct such surplus to be funded, be and the same are hereby repealed. fund, Low ap SEC. 3812. The interest on the United States deposit fund shall The interest of be appropriated to the annual support of the public schools, as pro- the United vided by the constitution; and it shall be the duty of the Auditor States deposit and Treasurer annually to transfer from the general fund of the plied. treasury to the current school fund the sum of twenty-eight thou-Duty of th sand seven hundred and ninety-five dollars and fourteen cents, the Treasurer. amount of said interest. Auditor and Disposition of SEC. 3813. The interest of all the bonds which are now or may hereafter be held by or belonging to the free school fund, which may the interest on remain in the treasury after the payment of the interest on the pro- all bonds beceeds of the sales of the sixteenth sections to the various townships as provided by law, shall be annually appropriated to the support of the public schools. school fund longing to the tain funds, how SEC. 3814. All moneys that have been or may be hereafter received into the State treasury, and the interest that has or may ac- 1855-422. crue thereon from the sale of any sixteenth section of school lands Interest on ceror the school land warrants belonging to the various townships in disposed of the State, shall be placed to the credit of the township, and should the people of any township desire to receive for the use of the schools therein the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loans, the parish treasurer shall, on the petition of five legal voters in any such township, order an election to be held in the township, as provided for the sale of township lands; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest as aforesaid, the same shall be paid to the treasurer of the parish for the use of the townships or districts, otherwise the interest shall be an accumulating fund to their credit until so called for. learning may State treasury. SEC. 3815. The president and trustees of any institution of learning established in the State of Louisiana, which is or may be here- 1855–330. after incorporated as a body politic, in conformity with the constitu- Institutions of tion and laws of this State, who may wish so to do, can deposit in deposit certain the treasury of the State of Louisiana all sums of money intended moneys in the solely for the uses and purposes of such institutions of learning; and all sums so deposited shall be invested in the bonds or obliga- Said moneys, tions of the State of Louisiana or of the United States, and the in- how invested. terest accruing thereon, as realized, shall be paid over to such corporation, or again invested as they may desire. urer relative to SEC. 3816. Should any endowment be made either by donation, inter vivos or mortis causa, to establish a professorship in any institu- Duty of Treas tion of learning in the State, duly incorporated, on the principal endowments or being deposited in the State treasury, the same shall be invested, donation to esand the interest as realized shall be paid over as stipulated in the preceding section; and it shall be the duty of the Auditor of Public Accounts and the State Treasurer to make the investments to the greatest advantage and interest of said institution. tablish protessorship. Internal im SEC. 3817. A fund shall be created, to be denominated "The In- 1855-487. ternal Improvement Fund," to be applied exclusively to the purposes provement fund funds shall congist. of rendering navigable and uniting by canals the principal watercourses, and of more intimately connecting by public highways the different parts of the State. SEC. 3818. This fund shall consist of the unexpended balance in Of what the said the treasury, together with all that may hereafter be received from the proceeds of the public lands granted to this State by act of Congress, approved September the fourth, eighteen hundred and forty-one. what it shall SEC. 3819. The unexpended balance, together with all that may Road and levee hereafter be received from the five per centum of the net proceeds fund created-of of the sales of the public lands of the United States in this State, consist. appropriated by the fifth section of an act of Congress, approved February sixteenth, eighteen hundred and eleven, for roads and How said fund levees, is set apart for that purpose, to be called "Road and Levee shall be applied. Fund," to be expended for the sole purpose of making roads and levees. 1869-66. Annual tax levied to pay the annual interest SEC. 3820. It shall be the duty of the Auditor of Public Accounts at the end of each and every year, or as soon thereafter as he shall have received the assessment rolls from the several parishes and the city of New Orleans, to determine, by accurate calculation, what on State bonds. rate of taxation, on the total assessed value of all the movable and immovable property in the State, will be sufficient to pay the interest becoming due annually on all the bonds issued by the State, or those that may be issued hereafter, and said tax so ascertained and fixed is hereby annually levied upon the movable and immovable property that may be assessed in the State, and it shall be the duty of said Auditor of Public Accounts to notify the State tax collectors of the tax so ascertained and fixed, and direct them to collect and account for the same, in accordance with existing laws, or those that may hereafter be enacted; Provided, That nothing contained in this act shall be so construed as to conflict with the provisions of the act entitled An Act to provide means for the construction of levees by the issue of bonds of the State for four millions of dollars, and to provide for the redemption of said bonds, approved March twenty-six, eighteen hundred and sixty-seven. Interest tax fund. SEC. 3821. The tax levied by the first section of this act shall be known as the Interest Tax, and when paid into the State treasury shall be credited on the books, of the Treasury Department to a fund to be called the Interest Tax Fund, and shall be held sacred for the purposes contemplated by this act. It shall be the duty of the Auditor and Treasurer, as soon as this law goes into operation, to transfer to the "Interest Tax Fund," created under this act, whatever balance may remain in the treasury to the credit of the internal improvement tax fund, it being the intent and purpose to provide by law for the interest upon all State bonds and to create one fund alone. SEC. 3822. All laws or parts of laws levying a tax for the purpose of meeting the interest on the bonds of the State, and all laws or parts of laws upon the same subject matter, except what is contained in the act entitled An Act to provide means for the construction of levees by the issue of bonds of the State for four millions of dollars, and to provide for the redemption of said bonds, approved March twenty-sixth, eighteen hundred and sixty-seven be, and the same are hereby repealed. TUTOR. TUTOR 3836 .3837 .3837 .3837 Non-resident tutors may obtain ..3839 debts are paid.... Special mortgage by father or mother, how givea.. ..3840 Efect of the special mortgage upon the remainder of the property of the tutor.. 3840 In case of adjud cation under article 338 Civil Code a mortgage may be given... .3841 Manner of changing special mort SECTION. .3844. 3246 Certificate of the recorder of mortgages required whenever a special mortgage shall be given........3843 Opposition of undertutor to deliberations .3843 Duties and responsibilities of the undertutor in cases of neglect..3843 Costs, by whom paid.... Duty of all public officers before whom family meetings are held. 3845 Penalty in case of neglect.........3845 Duty of the judge on receiving a special mortgage to have the property appraised.... Grand parents may also give special mortgage..... ..3847 Property mortgaged to two or more minors, how to be sold on one of them attaining the age of majority Property of minors whose parents are living, how sold, etc Houses of minors in the city of New Orleans to be insured by the tutor..... ..3850 Annual accounts may be filed.....3851 Judgment homologating same, prima facie evidence of their correctness..... .3848 .3849 .....3852 Justices empowered to appoint curators ad lites.... .....3853 How and in what case sureties may be received residing out of the parish ..3854 Who to judge of sufficiency of ...3855 surety. What court has jurisdiction of actions against sureties aforesaid ..3856 No suit instituted against surety on tutor's bond unless steps to enforce payment from principal be 3857 taken Formalities to be complied with by sureties wishing to be released from their bond ...3858 743 |