parish where the same was originally recorded; if not, from the date of the recording in the parish of his domicile.

C. C. 319, 3352; D. sec. 2385, 3090, 3869.

favor of minor

SEC. 2363. When mortgageable property has been adjudicated to either parent of the minor the act of adjudication shall be recorded Adjudication in in the book of mortgages in the parish in which the property is situ- to be recorded. ated, 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..

C. C. 319, 343 (338), 3353; D. sec. 2386, 3091, 3870.

SEC. 2364. When the surviving husband or wife or heirs have been Mortgage on invested by the inventory with the care of the property of the com- property of surviving hus munity or succession, a certificate from the clerk of the district court band, wife or heirs. of the amount of the inventories of the minor's 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 the 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 herein required of him. Any person may legally cause such record to be made.

C. C. 3356; D. sec. 2387, 3092, 3871.

Effect of re

SEC. 2365. The recording of any instrument, according to the provisions of this act, shall have the effect of operating a mortgage or privilege, as the case may be, on the property of the person owning cording. or subject to the mortgage or privilege, but it shall have no other effect. It shall in no manner be evidence of the validity of the debt or claim other than the law may award to acts of the kind unrecorded.

C. C. 322, 3357; D. sec. 2390, 3095.

clerks.

SEC. 2366. It shall be the duty of the clerks of the district courts 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 Duties of 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

Duties of recorders.

Penalty for neglect.

Fees.

Parent to cause

children's prop

corded.

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 sixtynine, and recorded by the first day of January, eighteen hundred and seventy. This section is to apply only to tutorship 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 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.

C. C. 321; D. sec. 500, 2360, 3096, 3872; Act 1870, p. 107, No. 75, amending and reënacting Act 1869, No. 95, sec. 11.

SEC. 2367. Before fathers and mothers, who by law have adminis tration of property coming to their minor children, shall be allowed to inventory of take possession of the same and enjoy the profits and revenues erty to be re. thereof, they shall cause an inventory to be made of such property, and 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. C. C. 316, 3350; D. sec. 2392, 3097, 3098, 3873. (Liability for damages.) See D. 2582.

SEC. 2368.

SEC. 2369.

C. C. 2315 (2294); D. sec. 435; Act 1855, p. 270.

(Privilege of widow and minor children in necessitous circumstances.) See D. 1693, 1694.

C. C. 2382 (2359), 3252 (3219); D. sec. 444, 3686; 24 A. 130; Act 1-52, p. 171, sec. 1, 2; 34 A. 820; 35 A. 372.

MONITION.

SEC. 2370. The purchasers of property at sheriffs' sales-those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the au- Monitions, in thority of justice-and all subsequent purchasers by a regular chain what cases granted. of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules hereinafter prescribed.

D. sec. 3445; Act 1855, p. 463; 28 A. 31; 30 A. 175.

SEC. 2371. It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of Orleans, to publish three times, or, if the sale has been made out of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition calling on all persons who can set up any right to the property, in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement and advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers why the sale so made should not be confirmed and homologated.

D. sec. 3445.

Monitions, how advertized.

SEC. 2372. This monition shall state the judicial authority under which the sale took place, and shall also contain the same description Description or the property in of the property purchased as that given in the judicial conveyance the monition. to the buyer, and shall further declare the price at which the object was bought.

D. sec. 3446.

granted by

SEC. 2373. The judges of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which Monitions to be the sales ought to be homologated, which have been made, shall, on clerks. application of the buyer, grant this monition in the name of the State, and affix to it the seal of the court.

D. sec. 3447.

SEC. 2374. At the expiration of the thirty days the party obtaining the monition may apply to the judge of the court out of which the monition is issued to confirm and homologate the sale, and it shall be the duty of the judge in case no cause is shown against the prayerfor the monition, to homologate and confirm the judicial sale in question; provided, always, that before he does so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspa

Judgment on monition.

Provided.

Judgment to have the force

pers, as already directed, and that the property has been correctly described, and the price at which it was purchased truly paid; but in case opposition be made to the homologation, and it should appear that the sale was made contrary to law, it shall then be the duty of the judge to annul it; otherwise to confirm it, as in case no opposition was made.

D. sec. 3448.

SEC. 2375. The judgment of the court on the monition aforesaid, shall be in itself conclusive evidence that the monition has been regularly made and duly advertised; nor shall any evidence be received thereafter to contradict the same or to prove any irregularity in the proceeding.

D. sec. 3449.

SEC. 2376. The judgment of the court confirming and homologating the sale shall have the force of res judicata, and operate as a comof res judicata. plete bar against all persons, whether of age or minors, whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding, whether before or after judgment; and the judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.

C. C. 2286 (2265); D. sec. 3392, 3450; 31 A. 589; 21 Wallace 633. SEC. 2377. Nothing herein contained shall be taken or understood So as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defence; and in every case where minors are interested they shall have their recourse on their tutors, if they have improperly neglected to make opposition to the onfirmation of the sale of their property.

SEC. 2378. Where no opposition is made to the confirmation of the ale, the cost of attending the proceeding shall be paid by the party who prays for the monition; and where opposition is made the costs shall be borne by the party against whom judgment is rendered.

SEC. 2379. Nothing herein contained shall be construed or understood to authorize the purchaser at a judicial sale to refuse carrying the same into effect, or to delay the payment of the price for a greater space of time than is now allowed by law.

SEC. 2380. The provisions of the foregoing section shall be extended to tax sales; provided, such sales shall have been made for the time within which, by law, the property could be redeemed before the monition is applied for.

MORTGAGE.

mortgages and

favor of mar

SEC. 2381. In order to preserve the mortgages or privileges accorded by law in favor of married women for the preservation of their Recording of dotal, paraphernal or other rights against their husbands, it shall be privileges in the duty of every married woman, or any person for her, to cause to ried women. be recorded in the mortgage book of the parish or parishes in which their husbands may own mortgageable property, the evidence of their mortgage or privilege. If it be in the shape of a public act, or act under private signature, act of partition, judgment or other written act, the same must be recorded in the form now required in recording such acts; and if it be not in the shape of a written act, as above indicated, then a written statement made by the wife or husband, or any other person having knowledge of the fact of the amount due to the wife for which she may be entitled to a mortgage or privilege against her husband, by existing or any subsequent law, detailing accurately the facts and circumstances on which such claim may be based, which written statement shall be sworn to by the person making it and duly recorded as above directed. The wife is hereby specially authorized to perform the above acts independent of her husband; and mortgages or privileges so recorded shall only have effect against third persons from the date of their being recorded in the several parishes in which they may be recorded.

C. C. 3349; D. sec. 2886, 3086, 3988; Act 1869, p. 114; 34 A. 32. SEC. 2382. (Recording of bonds of tutors and certificates of minors" property,) See D. 2360.

C. C. 335 (332); D. sec. 3087, 3867.

SEC. 2383. Before any person shall be appointed curator or representative of any person interdicted or absentee, the bond required to be given in order to obtain such appointment shall be recorded in the book of mortgages in the parish of the domicile of the person to be appointed curator; and a certificate to that effect, presented to the judge, must precede the appointment, on pain of nullity of such appointment. It shall be the duty of such curator, and of any relation or friend of the person interdicted or absentee, to have such bond recorded in any and every parish in the State in which the curator is the owner of mortgageable property; and in the event of the failure of the curator to have such bond recorded as above required, on conviction thereof he shall be fined in a sum of not less than one hun