copy of a sher the clerk's rec dence. dence shall make affidavit that the original of such patent or certificate is not in his possession or under his control; and, provided further, that the opposite party shall be allowed to disprove the genuineness of such original or registry, as the case may be. Act 1861, p. 41. SEC. 1446. (Proces verbal of sale to state the manner of making advertisements.) See D. 3390. D. sec. 165, 3390; Act 1855, p. 76. SEC. 1447. (The sale to be prima facie evidence that the advertisements were regularly made.) See D. 3391. C. C. 2232 (2229); D. sec. 166. SEC. 1448. (Proces verbal to be an authentic act.) See D. 3398. SEC. 1449. (A commissioner for each State to be appointed by the governor.) See D. 596. SEC. 1451. (To authenticate the official character and acts of officers.) See D. 598. SEC. 1452. (Limitation of their powers.) See D. 599. SEC. 1453. (In executing commissions to conform to the laws of this State.) See D. 600. SEC. 1454. (Acknowledgment before commissioners to be authentic evidence.) See D. 603. SEC. 1455. A copy of any sale or deed of conveyance, heretofore made and executed, or which may hereafter be made and executed A duly certified by any sheriff or any other person exercising and performing the duiff's deed from ties of sheriff in this State, certified to by a correct copy from the ord to be evi- record by the clerk or deputy clerk of the court in whose office such sale or deed of conveyance is or may be recorded, shall be received as evidence in the same manner and have the same effect in every respect as a duly certified copy of an authentic act; and if the original of any such sale or deed of conveyance has been lost or mislaid, without the same having been recorded in the office of the parish recorder of the parish in which such sale or deed of conveyance has been made and executed, then a copy of the same, certified as aforesaid, being recorded in such office, shall have the same effect in every respect from the time the same shall be recorded as if the original had been recorded; provided, however, that the affidavit of any person interested in having such sale or deed of conveyance recorded shall be Provided. deemed sufficient to establish that the same has been lost or mislaid, and authorize the recording of the same as aforesaid. C. P. 698; C. C. 1445 (1393), 1455 (1408); D. sec. 3408, 3614; Act 1855, p. 477. SEC. 1455 (bis.) Act 1870, Ex. S., p. 98, No. 44-introduction of origi- Originals in evnal documents in evidence. idence. adverse testi mony. SEC. 1456. Article three hundred and fifty-four of the code of practice, which reads as follows: "The answers of the party interrogated Answers to interrogatories do are evidence, but do not exclude adverse testimony, and may be de- not exclude stroyed by the oaths of two witaesses, or of one single witness corroborated by strong circumstantial evidence, or by written proof," be and the same is hereby amended and reenacted to read as follows: "The answers of the party interrogated are evidence, but do not exclude adverse testimony, and shall be weighed by the judge as other testimony." C. P. 354; D. sec. 550; Act 1868, p. 243. SEC. 1457. (Register kept by secretary of State.) See D. 2169. SEC. 1458. (Bills and notes, how to be written.) C. C. 2243; Act 1855, p. 47. See D. 319. SEC. 1458 (bis)-records destroyed in the parishes of Jackson-Act 1879, p. 15, No. 7; of Grant-Act 1875, Ex. S., p. 62, No. 29; Act 1873, p. 46, No. 29; of Winn-Act 1879, p. 20, No. 11. EXECUTOR. mentary execu SEC. 1459. In testamentary successions, whenever the executor named by the testator will not or cannot perform the duty, or be dead Dative testaor absent, the judge shall appoint one or more dative testamentary executors, as is provided by the nine hundred and twenty-fourth article (No. 7) of the code of practice, and in the same manner as if the testator had omitted to name his executor. tors to be appointed in certain cases by the judge. executors dom C. C. 1132 (1125), 1678 (1671); D. sec. 1110; 24 A. 47; Act 1855, p. 309. SEC. 1460. Whenever the testamentary executor named in the will Testamentary shall be present in the State, but be domiciled out of it, the judge shall iciliated out of only grant him the letter on the execution of his bond, with a good and solvent security, for such a sum and under such conditions as are required by law from dative testamentary executors. C. C. 1677 (1670); D. sec. 433, 1477, 2383, 3710. the State to fur nish bond and security. SEC. 1461. Whenever a testamentary executor named in the will Testamentary shall present a petition praying for the execution and registry of the will, and shall fail to pray, besides, for letters testamentary, in conformity with the nine hundred and thirty-first article of the code of practice, then he shall be presumed to have declined the trust. executors, in certain cases, presumed to decline the trust. To make sales, or employ the sheriff or an auctioneer. C. P. 961. SEC. 1462. (Suits against administrators, etc., to be continued against the heirs by making them parties.) See D. 3694. C. P. 120; D. sec. 6, 1104; Act 1855, p. 78. SEC. 1463. (Executors, etc., to deposit money collected by them in bank.) See D. 3695. SEC. 1464. C. C. 1150; D. sec. 7, 1105, 1820. (To exhibit an account of funds on hand whenever re quired.) See D. 3696. C. C. 1151; D. sec, 8, 1106, 1821. SEC. 1465. (To render an account once in twelve months.) See D. 3697. C. C. 1674 (1666); D. sec. 9, 1107, 3831. SEC. 1466. (To remain in office until the estate is finally settled. May be compelled to give new security.) See D. 3698. C. C. 1673; D. sec. 10, 1108. SEC. 1467. Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or by an auctioneer, or to make it themselves; but in the event of making the sales themselves they shall receive no commission therefor. C. C. 1171; D. sec. 1109; 32 A. 265. SEC. 1468. (To qualify within ten days after their appointment.) See D. 3699. C. C. 1132 (1125); D. sec. 11, 1110. SEC. 1469. (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); D. sec. 12, 1111, 3400, 3836. SEC. 1470. (Foreign heirs and legatees to pay a tax of ten per cent. on estates inherited by them. Representatives of estates to retain the tax in their hands.) Repealed. Act 1877, Ex. S., No. 86, p. 125; C. C. 1221-1223; D. sec. 13, 1113, 3345, 3683; Act 1855, p. 398. SEC. 1471. (Executors' absence when they leave an agent.) See D. 3688. C. C. 1154 (1145); D. sec. 14, 430, 1112, 3528; Act 1847, p. 115. SEC. 1472. (How and in what case sureties may be received residing out of the parish.) See D. 3720. C. C. 3042 (3011); D. sec. 15, 2351, 3712, 3854; Act 1855, p. 365. SEC. 1473. (Formalties to be complied with by sureties who wish to be released from certain bonds.) See D. 3737. C. C. 3059 (3028), 3069; D. sec. 16, 3716, 3858; Act 1859, p. 174. SEC. 1474. (On proof being made of maladministration, principal bound to furnish new bond; otherwise to be removed and another administrator, etc., appointed in his place. Release of the sureties, when it takes place.) See D. 3717. C. C. 1158 (1149), 3070; D. sec. 17, 3717, 3859. SEC. 1475. (Executors' sales, by whom made.) See D. 3397. C. C. 1171; D. sec. 18, 1109, 1171, 3397, 3701, 3702, 3860; Act 1865, Ex. S., p. 20. SEC. 1476, (Suits against executors.) See D. 3721. C. C. 3051 (3020), 3066 (3035); C. P. 304; D. sec. 19, 2354, 3715, 3857; Act 1866, p. 72; 35 A. 359. SEC. 1477. (Testamentary executor not required to give bonds in certain cases. Cases wherein bonds are required.) See D. 3710. C. C. 1670, 1677 (1670), 3042 (3011); D. sec. 433, 1100, 1460, 2383, 3712, 3713; Act 1868, p. 117. EXECUTORY PROCESS. SEC. 1478. So much of articles seven hundred and forty-six and seven hundred and forty-seven as authorizes a creditor having obtained a judgment in another State of the union, or in a foreign country, to proceed by executory process on the judgment, is repealed. C. P. 746, 747; D. sec. 582, 3433; Act 1866, p. 167, sec. 1. EXPROPRIATION. Sec. 1479 to 1491 inclusive are tue same as sec. 698 to 710. Sec. 1492 and 1493 are the same as sec. 1298 and 1299. FAMILY MEETING. Persons having contradictory SEC. 1494. Any person who shall have contradictory interests with interests with those of a minor in any matter in which a family meeting may be necessary, shall be incompetent to be a member of said family meetfamily meeting. ing, although he be one of the nearest relations. minor incom. petent to be members of the Penalty for failing to attend. In what cases friends may be appointed in place of relatives. C. C. 283; Act 1855, p. 310. SEC. 1495. If any relative of a minor, after having been legally summoned to compose a family meeting, shall fail to attend, he shall be liable to a fine, at the discretion of the court issuing the summons, not exceeding twenty dollars, to be applied by the court towards defraying the expenses of convoking and holding such family meeting; which fine shall be collected in the same manner as those imposed on witnesses failing to attend after having been regularly summoned. C. C. 286. SEC. 1496. If any relative of a minor, after having been legally summoned to compose a family meeting, shall neglect to attend, the judge or notary holding the meeting shall have power to appoint friends to compose such family meeting as in default of relations. C. C. 287. SEC. 1497. The notices delivered by the notary, in whose office the Notices may be family meeting is to be held, to the members who are to compose it, delivered by shall have the same effect, legally, as a summons served by the sheriff. notaries. C. C. 288; D. sec. 2515. SEC. 1498. Whenever an under-tutor shall refuse to approve of the deliberations of a family meeting, or object to their homolgation, the court shall decide whether the opposition is well founded, and, if not, the opposition shall be overruled and the deliberations homologated as if no opposition had taken place. When the court shall decide that the opposition of the under-tutor is unfounded, and shall homologate the deliberations of the family meeting, the under-tutor who shall have made the opposition shall be exonerated from all responsibility. C. C. 277. SEC. 1499. Family meetings, in all cases in which they are required by law for the interest of minors or of other persons, must be composed of at least five relations, or, in default of relations, friends of him on whose interests they are called upon to deliberate. These re |