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of law, contradictorily with the undertutor of the minors, and with a curator ad hoc of the interdicted person or absentee.

homologating

SEC. 3852 The judgment homologating the accounts, as afore- Judgment said, shall be prima facie evidence of the correctness of the account same pr ma homologated in any settlement which may afterwards be made with fa ie evidence of the minor, interdict or absentee.

thei: correct

ness.

ered to app inc

SEC. 3853. Justices of the peace in the parish of Orleans, and throughout this State, shall have power to appoint curators ad lites 1855–479. to enable minors to present their claims before the justice of the Justices empow peace, when the amount claimed shall not exceed one hundred curators ad tes dollars, provided there be neither natural nor legal tutor to the minor, and that it be made to appear, by proper affidavit, that the minors are transient persons following some trade or occupation, and are without parents in this State.

what case sure

SEC. 3854. Whenever it shall be made to appear to the satisfaction of the judge of any of the courts of this State having jurisdic- 1855–365. tion thereof, that any person who has been appointed to discharge How and in the duties of administrator, executor, tutor, curator, or of any fidu- ties may be reciary trust whatever, is unable to give security in the parish, then ceived residing and in such case the judge shall have power to order that sureties residing in any other parish be received.

out of the parish

SEC. 3855. In all cases where surety is tendered of persons who to judge of residing out of the parish, the judge alone shall pass on the suffi- sufficiency of ciency thereof, and shall require such proof as he may deem

necessary.

surety.

jurisdiction of

sureties afore

1866-42.

SEC. 3856. All actions on bonds against the sureties aforesaid What court has may be instituted in the parish and court having original jurisdic- actions against tion of the subject matter; and the parties thereto, when legally a cited, shall be subject to the jurisdiction of the said court. SEC. 3857. No suit shall be instituted against any security on No suit institutany appeal bond, nor on the bond of any administrator, tutor, surety on tutor's curator, executor or syndic, until the necessary steps shall have bond unless been taken to enforce payment against the principal.

ed against

steps to enforce payment from principal be

be complied

SEC. 3858. The securities on the bonds of any administrator, Princi executor, curator or tutor, in any parish in this State, shall have the 1859-174. right to be released from any further liability on said bond, by Formalities to causing the 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 said wishing to be administrator, executor, curator, or tutor, is mismanaging the estate their bonds. 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

administration

otherwise to be

SEC. 3859. On due proof being made of maladministration by such administrator, executor, curator, or tutor thus cited, the court on proof of malshall require him to give a new bond with other sufficient security principal o furfor the faithful administration of the said estate, and upon failure to nish new bond, do so within three days after such order, he shall be forthwith 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 maladministration of such administrator, executor, curator, or tutor, from and after the execution of the new bond with security as aforesaid. 1865-20-Extra SEC. 3860. All sales of property of succession, of property, by whom belonging to minors, or in which minors are interested, of property made.

sssi 'n.

1857-186.

Manner of investing the

funds of minors

Formalities required when the funds of the

bonds.

of interdicted persons and property surrendered, made pursuant to an order or decree of any court of this State, may be made either by the sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, and the syndic of the insolvent, as the case may be.

SEC. 3861. So much of the article three hundred and forty-one of the Civil Code which provides that "the investment of the funds of the minor must be made by public act and secured by mortgage," be and is hereby amended so as to read as follows: "The investment of the funds of the minor must be made by public act and secured by mortgage, unless such investment be made in the bonds of the State of Louisiana, or in bonds for the payment whereof the faith of the State of Louisiana stands pledged; provided that such investment in bonds shall not be changed or the bonds alienated except by a decree of the same court.

SEC. 3862. In case of such investment in bonds, it shall be the duty of the tutor to furnish the Auditor of Public Accounts with a of the judgment of the court authorizing such investment, to copy minors are in- cause the said bonds to be registered in the office of said Auditor, vested in State who shall write, in large and legible characters, on the face of said bonds, that they are the property of such a minor or minors, mentioning his, her or their names, and that they were purchased by virtue of a decree of the court aforesaid, and that they are not transferable unless by virtue of a decree authorizing the same, and shall sign the same, and such bonds shall thereby lose their negotiable character and no person obtaining possession, other than the minor or minors to whom they belong, shall have any rights therein or thereto.

SEC. 3863. The Auditor of Public Accounts shall keep a distinct Duty of the Au- book wherein to register such bonds, and shall be authorized to ditor and his fee demand and receive three dollars for every bond so registered and signed by him.

for performing the same.

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SEC. 3864. Any tutor of a minor or minors who shall fail to have the bonds so purchased registered and countersigned, as provided for in this act, shall be deemed guilty of a misdemeanor, and shall be liable to imprisonment for not more than three months and deprivation of his office of tutor.

SEC. 3865. When heirs of a succession hold property in common, and it is the wish of any one of them, or of a minor represented by his tutor or tutrix, to effect a partition on the advice of a family meeting, duly convened according to law, to represent the minor or minors, 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 probate of the parish in which the said minor resides.

SEC. 3866. Article number three hundred and twenty-five of the Civil Code be and the same is hereby amended and reenacted, so as to read as follows: "That all the causes of incapacity, exclusion

1UTOR.

and removal mentioned above, apply likewise to the undertutor, except insolvency and indebtedness to the minor or minors."

751

bonds of tutors

erty.

SEC. 3867. Before any appointment of tutor shall be made, the bond required by law to be given by such tutor shall be recorded in 1869-14. the mortgage book of the parish in which the tutor resides, and a Recording of certificate to that effect shall be presented to the judge authorized to and certificates make the appointment, before he makes the order of appointment of of minor's proptutor, and any o. der appointing a tutor until this formality is complied with shall be null and void; and it shall be the duty of every judge who appoints aud confirms a natural or legal tutor, or any tutor not required by law to give bond before he shall grant an order appointing or confirming such tutor, to cause a certificate from the clerk of the district court of the amount of the minor's property, according to the inventory on file in his office, to be recorded in the mortgage book in the parish in which the tutor resides, or has his domicile; any appointment or confirmation of such tutor before such recording shall have been done shall be null and void, and it shall be the duty of the tutor and undertutor of any minor to cause the tutor's bond aforesaid, or certificate of the amount of the minor's property, as the case may be, to be recorded in any and every parish in this State, where the tutor owns mortgageable property; the fees for which recording shall be advanced by the tutor. The recording of the tutor's bond, and the recording of the certificate of the amount of the minor's property, shall operate, from the date of the recording in each parish, a mortgage on all mortgageable property then or subsequently owned by the tutor in such parish; any failure or refusal of the tutor or undertutor to comply with the provisions of this section shall subject him to damages in favor of any person injured thereby, in the full amount of such damage, and which claim for damages shall not be prescribed, so long as the minor's claim exists against the tutor.

per

erty of minors, inter icted or absent persons,

ministration by

SEC. 3868. When any person who, without having been appointed tutor or curator of minors, interdicted, or absent persons, interferes Recording of inin the administration of their property, any person shall have the Ventory of propright to record in the book of mortgages of the parish of such son's domicile, the inventory and appraisement of the property in cases f interbelonging to such minors, interdicted, or absent person, if there be frence in adone, or other written evidence of the amount and value of the minors, persons not interdicted, or absent person's property; and if there be no written authorized. evidence thereof, a statement of the property and its value, 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 if any such interference come to their knowledge or may be person, reported to them by any credible person; all expenses so incurred shal be paid by such minor, interdicted, or absent person, or out of his effects.

stepfather.

SEC. 3869. The tutor's bond or the clerk's certificate, as the case may be, recorded as provided in the second section of this act, shall Mortgage on operate a mortgage on the property, present and future, of the hus- property of band in favor of the children of a previous marriage of his wife, when the marriage takes place without the wife being continued in the tutorship by a family meeting, if such husband is domiciled in

favor of minor

the parish in which such record was made; and if he is not domiciled in such parish, then it shall be the duty of the undertutor to such minors to cause such bond, or clerk's certificate, to be recorded in the parish in which such husband resides or owns mortgageable property, and any failure of the undertutor to have such recording done shall subject him to any damages the said children of a previous marriage, or any one of them, may have sustained. Such mortgage shall operate from the date of the marriage for all acts of tutorship from that date, if the husband is domiciled in the parish where the same was originally recorded; if not, from the date of the recording in the parish of his domicile.

SEC. 3870. When mortgageable property has been adjudicated to Adjudication in either parent of the minor, the act of adjudication shall be recorded to be re-rued. in the book of mortgages in the parish in which the property is situated, and it shall operate a mortgage and vendor's privilege; the amount of the value of the property as stipulated in the act shall operate a mortgage against such property in favor of the minor; and no such adjudication shall have any legal or binding effect until such record is made.

Mortgage on

viving bu band, wife or heirs.

SEC. 3871. When the surviving husband or wife or heirs have been invested by the inventory with the care of the property of the property of sur community or succession, a certificate from the clerk of the district court of the amount of the inventories of the minors' property shall be recorded in the mortgage book of the parish in which such party, invested with the care of the property, is domiciled, and the same shall operate a mortgage on all the present and future property of such persons in such parish for all their acts, until they are relieved from the care of the property, or partition is made. It is duty of the person making the said clerk's certificate to have it recorded as herein provided; and a failure to do so shall subject him to any damage that may result from that failure to perform the duty here'n required of him; any person may legally cause such record to be made.

Dut'es of recorders

SEC. 3872. It shall be the duty of the clerks of the district courts Duties of clerks. of the several parishes in this State to make out an abstract of the inventory of the property of all minors whose tutors have not been required by law to give bond for their tutorship, such abstract to describe the real property, and give the full amount of the appraisement of all the property, both real and personal, and rights and credits, and to deposit such abstracts with the recorders of the several parishes, whose duty it shall be to record the same as soon as received in the mortgage book of their parish; such abstracts to be made out and deposited with the recorders by the first day of December, eighteen hundred and sixty-nine, and recorded by the first day of January, eighteen hundred and seventy. This section is to apply only to tutorships granted before the passage of this act, and any failure of the clerks or recorders to perform the service required by this section shall subject them to any damages that such failure may cause any person, and shall further subject them to a fine of not less than one hundred nor more than one thousand dollars, for the benefit of the public school fund, to be recovered by the district attorney or district attorney pro tempore, before any court of competent jurisdiction; such abstracts, when recorded in any parish in which the tutor owns mortgageable property, shall constitute a mortgage on the said tutor's property until the final settlement and discharge of the tutor; the fees for making out and

Penalty for neglect.

Fees.

recording such abstracts shall be the same as the fees prescribed for the clerks and recorders for other similar services, and shall be paid on demand by the tutor, or if the minors have arrived at the age of majority, by them, and if no responsible person can be found, then any property owned by the minors for whose benefit such services were performed, shall be sold to pay the same, and if no person or property be found to pay the same, then the parish shall pay the same, and have recourse against the person or property of any person for whose benefit the services were performed.

inventory of

SEC. 3873. Before fathers and mothers, who by law have administration of property coming to their minor children, shall be allowed Prents to canse to take possession of the same and enjoy the profits and revenues children's propthereof, they shall cause an inventory to be made of such property, erty to be reand cause the same to be recorded on the mortgage books of all the parishes where they or either of them may have mortgageable property, which recordation shall operate a mortgage on said property, until a final settlement of the administration of said property.

corded.

SEC. 3874. When a person shall be assessed as tutor, curator, agent, in right of his wife, or in any other representative capacity, he 1889-146. shall be assessed as such, with the addition to his name of his repre- Curators, etc. sentative fiduciary character, and such assessment shall be carried out in a separate line from his individual assessment.

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AN ACT TO REGULATE THE TIMES AND MANNER OF HOLDING ELECTIONS FOR

SENATORS IN CONGRESS.

tures of States,

Congress.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislature of each July 25, 1866. State which shall be chosen next preceding the expiration of the What Legisla time for which any Senator was elected to represent the said State and when to in Congress, shall, on the second Tuesday after the meeting and elect enators in organization thereof, proceed to elect a Senator in Congress, in the Mode of election place of such Senator so going out of office, in the following manner: Each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from sa'd State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each House shall be entered on the journal of each House by the clerk or secretary thereof; but if either House shall fail to give such majority to any person on said day, that fact shall oe entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person shall have received a majority of all the votes in

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