kept in dollars and cents. SEC. 4. The money accounts of this State shall be expressed in Accounts to be dollars or units, cents or hundredths, and mills or thousandths; and all accounts in banks and public offices, and all proceedings in the courts of this State, shall be kept in conformity herewith. 24 A. 77; Act 1855, p. 39. SEC. 5. (Prescription of open accounts.) See D. 2811. ADMINISTRATOR. SEC. 6. (Suits against administrators.) See D. 3691. SEC. 7. (Deposit money collected in bank. Penalty for failing to do so.) See D. 3695. C. C. 1150; D. sec. 1105, 1463, 1820. SEC. 8. (To exhibit account of funds whenever required.) See D. 3696. C. C. 1151; D. sec. 1106, 1464, 1821. SEC. 9. (To render an account once in twelve months.) See D. 3697. C. C. 1195 (1183), 1673; D. sec. 1108, 1466, 3851. SEC. 12. (The heir or surviving partner in community or in an ordinary partnership, authorized to buy at sales of estates represented by them, as executors, etc.) See D. 3700. C. C. 1146 (1139), 1790 (1784); D. sec. 1111, 1469, 3400, 3836. SEC. 13. (Foreign heirs and legatees to pay a tax.) See D. 3683. Repealed by Act Ex. S. 1877, No. 86, p. 125. C. C. 1221, 1222; D. sec. 1113, 1470, 3345; Act 1855, p. 398. SEC. 14. (Administrators' absence when they leave an agent.) See D. 3688. C. C. 1154 (1145); D. sec. 430, 1112, 1471, 2349, 3828; Act 1847, p. 115. SEC. 15. (Sureties residing out of the parish.) See D. 3720. C. C. 3042 (3011), D. sec. 1472, 2351, 3712, 3854; Act 1855, p. 365. SEC. 16. (Sureties on certain bonds being released.) See D. 3737. C. C. 3059 (3028), 3069; D. sec. 1473, 3716, 3358; Act 1859, p. 174. SEC. 17. (On proof made of maladministration, principal bound to furnish new bond; otherwise another administrator, etc., appointed in his place. Release of sureties when it takes place.) See D. 3717. C. C. 1158 (1149), 3070; D. sec. 1474, 3738, 2859. SEC. 18. (Administrator's sales.) See D. 3397. C. C. 1171; D. sec. 1171, 1475, 2701, 3702, 3860; Act 1865, p. 20; Act 1877, p. 60, No. 47. SEC. 19. (Suits against sureties of administrators.) See D. 3724. C. C. 3051 (3020); D. sec. 1476, 2354, 3715, 3857; Act 1866, p. 42; C. C. . 3066 (3035). PUBLIC ADMINISTRATOR. See Act 1870, p. 120, No. 87; Act Ex. S. 1877, p. 111, No. 74; 34 A. 728, 583, 599; 32 A. 128. ADVERTISEMENT. SEC. 20. (Designation of the official journals.) Repealed by Act 1877, p. 62, 49. C. P. 668, 669; D. sec. 3000, 3435, 3718; Act 1863, p. 8; Act 1870, p. 85, No. 57; Act 1881, No. 6. SEC. 21. (Compensation for advertisements.) Repealed. Act 1877, No. 49. SEC. 22. (Advertisements in French and English.) Repealed. Act 1877, No. 49. C. P. 668; Act 1855, p. 80; Act 1874, No. 65. supplement. SEC. 23. In all cases when it is required by law that orders, notices or advertisements of any kind, by any public officer, shall be inserted Publication in in public newspapers, such publications and insertions shall be as valid when made in supplements to newspapers as if the same had been made in the newspaper sheets. C. P. 668, 669; Act 1355, p. 80. SEC. 24. (Title of suit to be inserted.) Sce D. 3425. C. P. 668, 671; Act 1860, p. 168, sec. 14. IN NEW ORLEANS. SEC. 25 (Parochial and municipal advertisements.) Repealed. Act 1877, No. 49. D. sec. 2996; Act 1868, p. 8; Act 1880, No. 95; Act 1870, No. 94. SEC. 26. (Manner of rendering accounts.) Repealed. Act 1877, No. 49. SEC. 27. (Municipal printing.) Repealed. Act 1877, No. 49. APPEALS. Appeals, when and how made. Signing judg. SEC. 28. (Duty of judge in appeals.) See D. 2133. C. P. 515; D. sec. 563, 1963; Act 1831, p. 14, sec. 8. SEC. 29. Articles five hundred and seventy-three and seventy-four shall be so amended that the party intending to appeal may do so, either by petition or by motion in open court, at the same term at which the judgment was rendered; in which last case the judge shall fix the security, and cause the same, with the order granting the appeal, to be entered upon the minutes of the court; and when an appeal has been granted on motion in open court, no citation of appeal or other notice to appellee shall be necessary. C. P. 573, 574; D. sec. 566; Act 1843, p. 40, sec. 1; Act 1871, No. 49. SEC. 30. Articles five hundred and seventy-five and six hundred and twenty-four shall be so amended, that whenever an answer has been filed in a suit in which the defendant has had personal service made upon him, to appear and file his answer, or when a judgment has been rendered in a case after answer filed by the defendant or by ment sufficient his counsel, the party cast in the suit shall be considered duly notinotice when ap filed of the judgment by the fact of its being signed by the judge; peal 8 taken provided, that in the country parishes no execution shall issue in cases where an appeal lies until fifteen days after the adjournment of the court by which the judgment was rendered, within which delay a party may take a suspensive appeal on filing petition and appeal bond as now provided by law. in open court; otherwise no tice necessary. C. P. 575, 624; D. sec. 56s; Act 1843, p. 40, sec. 2; Act 1876, No. 24. to be fixed. SEC. 31. In all cases of appeal the judge of the court from which it is taken shall make the appeal returnable to the supreme court at the next return day for appeals from the parish, if there be time Time of return enough, after granting it, to give the notice required by law and to prepare the record; if not, then he shall fix the return day for the following term. Amended and reënacted by Act 1870, No. 45, sec. 4; C. P. 574; Act 1866, p. 150; D. 1902. SEC. 32. Upon the return day for appeals from the several parishes, up appeals. as fixed by this act, the supreme court shall take them up by pref- Order of taking C. P. 879; D. sec. 1993; Act 1857, p. 339; Act 1872, No. 70; Act 1870, having preference. SEC. 33. In all cases in which the right to office is involved, and an appeal is taken from the judgment of the lower court, it shall be re- Cases turnable in ten days after judgment of the lower court; and the supreme court, on the motion of either party, shall proceed to try the same by preference. Act 1870, No. 45, sec. 7; C. P. 879; D. sec. 1435, 1904. SEC. 34. (Trial criminal cases.) See D. 1009. C. P. 879; D. sec. 1995. SEC. 35. In suits pending on appeal, in which a police jury or mu• nicipal corporation is plaintiff or defendant, it shall be the duty of the Cases when corporations supreme court, on the affidavit of the attorney representing the police are parties. jury or corporation that the case is one of serious public interest, and in which a speedy decision is desirable, to set the cause for hearing by preferer.ce. Act 1870, No. 45, sec. 9; C. P. 879; D. sec. 1906, 2468, 2783. SEC. 36. No appeal to the supreme court shall be dismissed on account of any defect, error or irregularity of the petition or order of Irregularities in appeal, or in the certificate of the clerk or judge, or in the citation of the proceedings appeal or service thereof, or because the appeal was not made returnable at the next term of the supreme court, whenever it shall not appear that such defect, error or irregularity is imputed to the appellant; but in all cases the court shall grant a reasonable time to correct such errors or irregularities (in case they are not waived by the appellee), and may impose on the appellant such terms and conditions as in their discretion they may deem necessary for the attainment of justice; and may also impose such fines on the officers who shall have caused such irregularities as they may deem proportioned to the offence. C. P. 898; D. sec. 1907. SEC, 37. (Proceedings against surety.) See D. 3736. C. C. 3066 (3035), 3051 (3020); C. P. 575, 596; D. sec. 570, 1908, 3736; 27 A. 324. SEC. 38. Articles eleven hundred and twenty-nine, eleven hundred and thirty, eleven hundred and thirty-six, and so much of article eleven hundred and thirty-five as relates to the statement of facts to be made by a justice of the peace, are repealed. In future all appeals Appeals from justices of the from judgments rendered by justices of the peace shall be tried de de novo. Excep- novo, except the parties mutually agree before the justice of the peace to send up the appeal upon a statement of facts which they shall make. peace to be tried tion. C. P. 1129, 1130, 1135, 1136; D. sec. 589; Act 1828, p. 158, sec. 21. SEC. 39. Article one thousand one hundred and thirty-eight shall be amended so as to read as follows: Whenever the appellate court reverses the jugdment, it shall render such a one as the justice of the peace should have rendered, and sentence the party failing on the apAppellate court to render prop- peal to pay costs; and the appellate court may, in its discretion, sener judgments. tence the party appealing to pay not more than ten per cent, as damages on the amount of the judgment appealed from, over and above any interest the judgment may bear, if it shall appear that the appeal was frivolous or taken for delay. Times SEC. 40. C. P. 907, 1138; D. sec. 590; Act 1852, p. 90. Amount of the emoluments to entitle to appeal. Effect of the appeal.) See D. 1434. SEC. 41. C. P. 575-577; D. sec. 1904, 1913; Act 1856, p. 9. (When this act goes into effect.) See Act 1877, Ex. S., No. 129, sec. 9, 10. SEC. 42. See D. 1435. C. P. 575-577. (Contested cases to have preference in the supreme court.) C. P. 879; D. sec. 1435, 1938. SEC. 43. If the appeal has been taken within ten days, not including Sundays, after the judgment has been notified to the party cast in the suit, when such notice is required by law to be given, it shall within stay execution and ali further proceedings until definite judgment be rendered on the appeal; provided, the appellant gives his obligation, Appeal bonds. with good and solvent security, residing within the jurisdiction of the court, in favor of the clerk of the court rendering the judgment, for a which to peal. ap. |