Page images
PDF
EPUB

to furnish him with a certificate from the judges of the supreme court Certificates to be furnished by certifying to the qualifications requisite to perform the duties of said judges of suoffice.

D. sec. 1568.

SEC. 2526. (Certificates to be granted by register of conveyances.) See D. 3166.

C. C. 2256.

preme court.

SEC. 2527. It shall be lawful for each and every notary public in Deputies, New Orleans to appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promissory notes; provided, that each notary shall be Provided. personally responsible for the acts of each deputy employed by him. Each deputy shall take an oath faithfully to perform his duties as such. The certificate of notice of protest shall state by whom made tices of protest. or served.

D. sec. 329, 2531.

Oath to be tak

en by them. Relative to no

Demand of cer

SEC. 2528. It shall be the duty of every notary public and sheriff of the parish of Orleans, before passing any act or deed of sale, to tificate of nondemand a certificate from the register of conveyances, showing that alienation. the vendor had not alienated in any other way the property about to be sold by him; said certificate to give a clear description of said property; and the fee of two dollars for said certificates each shall be paid by the vendor of said property.

D. sec. 3622, 3395; Act 1868, p. 233.

SEC. 2529. Any notary public or sheriff in the parish aforesaid neglecting to procure the aforesaid certificate before passing any sale as Penalty for neglect. aforesaid, shall be liable to a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, and costs of court; one-half for the benefit of complainant and the other half for the benefit of the State.

D. sec. 3623.

SEC. 2530. (Manner of recording notarial acts.) See D. 3156.

C. C. 2259; Act 1855, p. 345.

SEC. 2531. (Notaries in New Orleans authorized to protest throughout the parish.) See D. 329.

D. sec. 2055, 2527; Act 1855, p. 47.

SEC. 2532. (Clerks of courts may take depositions in certain cases.) See D. 614.

D. sec. 488, 554, 607, 3969; Act 1868, p. 114.

SEC. 2533. (Applicant shall apply to the clerk; testimony, how verified.) See D. 615.

D. sec. 489.

Central office.

Custodian.

dian to collect.

Where kept.

SEC. 2534. (Parties making objection to testimony.) See D. 616.
D. sec. 490.

SEC. 2535. (Depositions to be used as testimony on trial.) See D. 617.

D. sec. 491.

SEC. 2536. (Clerks may compel attendance of witnesses.) See D. 618.

D. sec. 492.

SEC. 2537. (Sheriff or constable shall serve subpoenas.) See D. 619.

D. sec. 493.

SEC. 2538. (Fees for services of clerk.) See D. 759.

D. sec. 494, 620.

SEC. 2539. (Notaries and clerks in the parish of Orleans appointed commissioners.) See D. 621.

D. sec. 512.

SEC. 2510. (Depositions to be sent to court.) See D. 622.

SEC. 2541. (Fees for services of sheriff or constable.) See D. 623.
D. sec. 3631.

SEC. 2542. See D. 624.

CENTRAL OFFICE OF NOTARIAL RECORDS.

SEC. 2543. A central office of notarial records shall be and the same is hereby established in the city of New Orleans, for the purpose of preserving the records of such notaries in the parish of Orleans who officially shall have ceased to be such, either by death, removal or otherwise, whose records are not now in the custody of some other notary.

D. sec. 1570; 24 A. 148; Act 1867, p. 281; Act 1882, No. 50-binding of acts.

SEC. 2544. The office established by the two thousand five hundred and forty-third section of this act shall be under the charge of a ro tary public, duly commissioned and qualified, for the parish of Orleans, who shall be entitled custodian of notarial records.

SEC. 2545. It shall be the duty of said custodian of notarial records Duty of custo- to collect together and safely keep in his possession the records of all notaries in the parish of Orleans who shall have ceased to be such, either by death, removal or otherwise, except such records as are already in the custody of other notaries. He shall keep his office in a fire-proof building, in the city of New Orleans, which it shall the duty of the common council of New Orleans to provide within six months after the passage of this act. He shall classify said records according to their dates and in such manner as will most facilitate access to them.

Classification.

SEC. 2546. The governor of the State, by and with the advice and Custodian appointed by the consent of the senate, shall elect a notary custodian of said office, who governor." shall enter upon the duties of his office immediately after the passage Term of office of this act, and whose term of office shall be for two years.

D. sec. 1571.

two years,

SEC. 2547. The custodian of notarial records shall have power to Custodian auappoint two deputies, who shall be sworn according to law, and such thorized to appoint two depdeputies, when appointed and sworn, shall have power to certify uties. copies of acts and records of all kinds in said office.

SEC. 2548. The said custodian shall be entitled to claim and receive the same fees of office as are allowed by law to other notaries, and the expenses for removing the notarial records shall be refunded to him by the State treasurer; provided, such expenses do not exceed the sum of five hundred dollars, to be paid to said custodian, on his own warrant, out of any funds not otherwise appropriated.

Fees.

Removal of rec

ords; expense, by whom paid.

Proviso.

notary upon

SEC. 2549. In case of death, resignation or removal of any notary Disposition of public in the parish of Orleans, the depositary of notarial records of the acts of the parish of Orleans shall be authorized to demand and take pos- death, resignasession of all acts passed before such notary public.

Act April 8, 1868, No. 208.

tion or removal.

OATHS.

Constitution al

ministered.

SEC. 2550. The oath required by article one hundred (and fortynine) of the constitution (of one thousand eight hundred and seventy-nine,) shall be taken by all officers of the State before entering on the duties of their office. It may be administered by oath to be taken by whom and the governor of the State, any judge or justice of the peace or by whom adclerk, and shall be subscribed by the party taking it, and be certified in his commission by the person administering it. The said oath or affirmation thus subscribed shall be deposited in the office of the sec- deposited. retary of State, to be by him recorded in a book kept for that purpose, and those of all parish officers shall also be recorded in the clerk's office of the parish where the same may have been administered, to be recorded by the said clerk in a book kept for that pur- Delay for depospose; and the said oath or affirmation shall be thus deposited within iting the same. one month after the same shall have been administered.

D. sec. 3517; Act 1855 p. 307.

SEC. 2551. The governor and judges and all other civil and military

Said oath where

All officers to take the constitutional oath.

officers elected or appointed under the authority of this State, shall
before they act in their respective offices, take and subscribe the oath
or affirmation required by article one hundred of the constitution.
D. sec. 1280, 3518.

SEC. 2552. (To subscribe to oath of office before receiving commission.) See D. 2585.

D. sec. 1280; Act 1868, p. 46.

SEC. 2553. (Elective offices.) See D. 2586.

SEC. 2554. (The oath prescribed. Those who have recanted are relieved from taking the oath. Openly and actively assisting reconstruction. The fourteenth amendment to the constitution of the United States.) See D. 2587.

SEC. 2555. (Affidavit, how administered; to be filed in the office of secretary of State.) See D. 2588.

D. sec. 3515.

SEC. 2556. (Penalty for falsely taking the oath.) See D. 2589.

D. sec. 879.

SEC. 2557. (The right to hold office may be contested, notwithstanding the oath.) See D. 2590.

SEC. 2558. (Failing to comply with the provisions of the law nulli. fles official acts.) See D. 2591.

D. sec. 3516.

SEC. 2559. (Oath to be taken by attorneys-at-law.) See D. 115.
Act 1855, p. 121.

SEC. 2560. (Auditor to examine witnesses on oath.) See D. 181.

Act 1855, p. 125.

SEC. 2561. He shall have authority and power to administer oaths, required and allowed by law, in all matters touching the duties of his office.

D. sec. 181.

SEC. 2562. (Quarterly accounts to be rendered by auctioneers of New Orleans and parish of Jefferson.) See D. 147.

Act 1855, p. 106.

SEC. 2563. (Accounts of auctioneers in the country to be settled annually.) See D. 148.

SEC. 2564.

for so doing.

D. sec. 221.

(Auditor to audit the accounts of auctioneers; his fee Oath.) See D. 149.

D. sec. 222, 3789; Con. 1879, art. 77.

SEC. 2565. (Payment to be made into the treasury.) See D. 150.

[ocr errors]

SEC. 2566. (Auctioneers who have made no sales to take an affidavit to that effect.) See D. 151.

D. sec. 3791.

SEC. 2567. (Oath by attorney or agent in certain cases.) See D. 528.

C. P. 216, 217; D. sec. 3, 93, 130; Act 1839, p. 168, sec. 16.

SEC. 2568. (Before whom oaths may be taken in certain cases.) See D. 529.

C. P. 216, 217; D. sec. 97; Act 1826, p. 168, sec. 5.

SEC. 2569. (Attachment to issue before maturity of debt in certain cases.) See D. 104.

C. P. 242, 243, 244; D. sec. 533; Act 1826, p. 180, sec. 7.

SEC. 2570. (Oath in case of absence or concealment of debtor.) See D. 105.

SEC. 2571.

and belief.)

C. P. 243; D. sec. 534; Act 1839, p. 164, sec. 5.

(Oath by agent or attorney to the best of his knowledge
See D. 106.

C. P. 244; D. sec. 535; Act 1823, p. 38, sec. 1.

SEC. 2572. (Oath necessary for garnishment. The party garnisheed bound to answer interrogatories.) See D. 1523.

C. P. 246; D. sec. 536; Act 1839, p. 166, sec. 13; Act 1840, p. 43, sec. 1.

SEC. 2573. (Writ of provisional seizure.) See D. 2165.

C. P. 287; D. sec. 216, 541, 2901, 2908; Act 1839, p. 172, sec. 22.

SEC. 2574. (Oath to the members and officers of the general assembly, by whom administered.) See D. 1531.

Act 1855, p. 451.

SEc. 2575. (Power and authority of either house to send for persons and papers. Chairman of committee authorized to administer oaths.) See D. 1536.

SEC. 2576. (Foremen of grand juries may administer oaths.) See D. 2137.

Act 1855, p. 305.

SEC. 2577. (Oath to be taken by parish treasurer.) See D. 2615.
Act 1855, p. 354.

Power of secretary of State to

SEC. 2578. (Oath to be taken by tax-collectors.) See D. 2646. SEC. 2579. The secretary of State of the State of Louisiana be and he is hereby authorized and empowered to administer oaths in all administer cases where it is legal to do so under the laws of this State.

D. sec. 3520; Act 1868, p. 53.

See D. sec. 1936; Act 188), p. 50, No. 52, sec. 4-sheriffs and tax-collectors.

oaths.

« PreviousContinue »