first day of September of each year, which interest coupons shall be signed and stamped by the treasurer of the State. For the payment of the principal and interest of the bonds the faith of the State is unconditionally pledged to the holder. SEC. 2870. The bonds issued under the provisions of this act shall be turned over to the lessees of the penitentiary, and shall be sold by said lessees; and the proceeds derived from sales thereof shall be applied to the objects of this bill. And the lessees shall give the State securities to the amount of three hundred thousand dollars; said securities to be satisfactory to the treasurer for the faithful application of the proceeds of the bonds; said securities to be released when the machinery is placed in the penitentiary, and a certificate of the board of control to that effect is presented to the treasurer. Bonds to be turned over to lessees on secu rity given. bonds and in SEC. 2871. In order to meet the interest on the bonds to be issued under the provisions of this act the State auditor shall, as soon as he Payment of has received the assessment rolls of any year and before he issues his terest. order for the collection thereof, add to the assessment on the taxable property of the State an amount which shall exceed by twenty per cent. the amount of the interest maturing each year on said bonds, to be set apart to pay the interest on such bonds, and a further sum sufficient to retire annually the amount of any of said bonds, so that the bonds shall be paid by the time of their maturity; and the tax so levied shall be collected as other taxes. And the State auditor and treasurer shall, as soon as said fund is collected, or at the end of each year, advertise for proposals to purchase any of said bonds to the amount of the funds in hand, and they shall be authorized to accept any bids which do not exceed the principal and matured interest on any such bonds. PRIVILEGE. Vendor's privi. SEC. 2872. Any person who may sell the agricultural products of the United States in the city of New Orleans shall be entitled to a special lien and privilege thereon, to secure the payment of the pur-lege on certain chase money, for and during the space of five days, only after the day articles. of delivery; within which time the vendor shall be entitled to seize the same in whatsoever hands or place it may be found, and his claim for purchase money shall have preference over all others. If the vendor gives an order for the delivery of any such produce, and shall say therein Privileged debts. that it is to be delivered without vendor's privilege, then no lien shall attach thereto. C. C. 3227 (3194); Act 1855, p. 363; Act 1876, p. 113, No. 72—warehouse and other receipts. SEC. 2873. Article three thousand one hundred and eighty-four of the civil code of the State of Louisiana is amended and reenacted so as to read as follows: The debts which are privileged on certain movables are the following: First. The appointments or salaries for the overseer for the current year on the crops of the year, and the proceeds thereof; debts due for necessary supplies furnished to any farm or plantation, not including articles furnished and which were sold to laborers; and debts due for money actually advanced and used for the purchase of necessary supplies; and the payment of necessary expenses for any farm or plantation on the crops of the year and the proceeds thereof. Second. The debts of a workman or artisan for the price of his labor on the movables which he has repaired or made, if the thing still continues in his possession or the possession of the person for whom they were repaired. Third. The rents of immovables or the wages of laborers working the same, on the crops of the year, and on the furniture which is found in the house let, or on the farm, and on everything that serves to the working of the farm. Fourth. The debt or pledge which is in the creditor's possession. Fifth. That of a depositor or the price of the sale of the thing deposited. Sixth. The debt due for money laid out in preserving the thing. Seventh. The price due on movable effects, if they are in the possession of the purchaser. Eighth. The things which have been furnished by an innkeeper on the property of the traveler which had been carried to his inn. Ninth. The carrier's charges and the accessory expenses on the thing carried, including necessary charges and expenses paid by carriers, such as taxes, storage and privileged claims required to be paid before moving the thing; aud in case the thing carried be lost or destroyed, without the fault of the carrier, this privilege for money paid by the carrier shall attach to the insurance effected on the thing for the benefit of the owner; provided, written notice of the amount so paid by the carrier, and for whose account, with a description of the property lost or destroyed, be given to the insurer or his agent within thirty days after the loss; or, if it be impracticable to give the notice in that time, it shall be sufficient to give the notice at any time before the money is paid over. C. C. 3217 (3184), 3167 (3134), 3224 (3191); D. sec. 128, 440, 2482; Act 1867, p. 351; Act 1980, p. 177, No. 129--physician. SEC. 2874. The privileges hereinbefore granted to the overseer, the laborers, the furnishers of supplies and the party advancing money ne- Privileges concessary to carry on any farm or plantation, shall be concurrent, and current. shall not be divested by any prior mortgage, whether conventional, legal or judicial, or by any seizure and sale of the land while the crop is on it. Act 1882, p. 56, No. 44; Act 1874, p. 114, No. 66; C. C. 3167 (3134), 3217 (3184), 3224 (3191); D. sec. 441, 442, 2482, 2490. ilege to rank SEC. 2875. All the privileges granted by this act on the growing crop Laborer's privin favor of the class of persons mentioned shall be concurrent, except Here that in favor of the laborer, which shall be ranked as the first privilege on the crop. Act 1874, p. 114, No. 66; Act 1882, p. 56. No. 44; C. C. 3167 (3134); 3217 (3184), 3224 (3191); D. sec. 442. SEC. 2876. Article three thousand two hundred and sixteen of the Article 3216, civil code of Louisiana is amended and reënacted as follows: Credit civil code. Creditors who have privilege ors who have a privilege on immovables areFirst. The vendor on the estate by him sold for the payment of the on iminovables. price, or so much of it as is unpaid, whether it was sold on or without a credit. Second. Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen and other workmen employed in constructing, rebuilding or repairing houses, buildings, or making other works. Third. Those who supplied the owner, or other person employed by the owner or his agent, or sub-contractor, with materials of any kind for the construction or repair of an edifice or other work, which has been used in the erection or repair of such houses or other work. The above named parties shall have a lien and privilege upon the building, improvements or other works erected, and upon the lot of ground, not exceeding one acre, upon which the building, improvements or other works shall be erected; provided, the said lot of ground be- Provided. longs to the person having such buildiugs, improvements or other works erected; and if such buildings, improvements or other works are caused to be erected by a lessee of the lot of ground, in that case the privilege shall exist only against the lease, and shall not affect the owner. Fourth. Those who have worked by the job in the manner directed by law or by the regulation of the police, in making or repairing the Article 3139, civil code. Article 3240, civil code. Attested account may be, in certain cases presented to owner of build levees. bridges, ditches and roads of a proprietor on the land, the levees, bridges and roads over which have been made or repaired. C. C. 2772 (2743), 2773 (2744), 2776 (2747), 3237 (3204), 3249 (3216); D. sec. 445; Act 1868, p. 167. SEC. 2877. Article three thousand two hundred and thirty-nine of the civil code of Louisiana is amended and reënacted to read as follows: Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen and other workmen employed in constructing, rebuilding or repairing houses or buildings, or making other works; those who have supplied the owner or other person employed by the owner or his agent, or other person employed by the owner or his agent or sub-contractor, with material of any kind for the construction or repair of any edifice or other work; those who have contracted in the manner provided by the police regulations to make or put in repair the levees, bridges, canals and roads of a proprietor, preserve their privilege only in so far as they have recorded with the register of privileges in the parish where the property is situated, the act containing the bargain they have made, or a detailed statement of the amount due, attested under the oath of the party doing or having the work done, or the acknowledgment of what is due to them by the debtor. C. C. 2277 (2257), 2775 (2746), 3272 (3239), 3368 (3332); D. sec. 446; Con. 1879, art. 175, 176, 177. SEC. 2878. Article three thousand two hundred and forty of the civil code of Louisiana is amended and reënacted so as to read as follows: The privileges enumerated in the two preceding articles are valid against third persons from the date of the recording the act or evidence of indebtedness. As provided for in the foregoing article, those privileges shall be concurrent. C. C. 3273 (3240); D. sec. 447; Con. 1879, art. 175, 176, 177. ENFORCEMENT OF MECHANIC'S LIEN. SEC. 2879. Every mechanic, workman or other person doing or performing any work toward the erection, construction or finishing of any building in this State, erected under a contract between the owner and builder or other person, whether such work shall be pering by mechan. formed as journeyman, laborer, cartman, sub-contractor or otherwise, ic or laborer, and whose demands for work and labor done and performed toward thereof retained the erection of such building have not been paid and satisfied, may ments due con- deliver to the owner of such building an attested account of the amount and value of the work and labor thus performed and remaining unpaid; and thereupon such owner shall retain out of his subse and amount out of pay tractor. quent payments to the contractor the amount of such work and labor C. C. 2770 (2741); Act 1855, p. 327; Act 1880, p. 183, No. 134; Con. 1879, SEC. 2880. Whenever any account of labor performed on a building erected under a contract as aforesaid shall be placed in the bands of the Manner in owner or his authorized agent, it shall be his duty to furnish his con- which said account may be tractor with a copy of such papers, in order that, if there be any disa- settled or paid. greement between such contractor and his creditor, they may, by amicable adjustment between themselves or by arbitration, ascertain the true sum due. And if the contractor shall not, within ten days after the receipt of such paper, give the owner written notice that he intends to dispute the claim, or if, in ten days after giving such notice, he shall refuse or neglect to have the matter adjusted as aforesaid, he shall be considered as assenting to the demand, and the owner shall pay the same when it becomes due. arbitration. SEC. 2881. If any such contractor shall dispute the claim of his journeyman or other person for work or labor performed as afore- How said account may be said, and if the matter cannot be adjusted amicably between them- submitted to selves, it shall be submitted, on the agreement of both parties, to the arbitrament of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen; and the decision, in writing, of such three persons or any two of them shall be final and conclusive in the case submitted. C. C. 2772 (2743). which payment ed. SEC. 2882. Whenever the amount due shall be adjusted and ascertained as above provided, and if the contractor shall not, within ten Manner in days after it is so adjusted and ascertained, pay the sum due to of said account his creditor, with the costs incurred, the owner shall pay the same may be enforcout of the funds as provided; and which amount due may be recovered from the owner by the creditor of the contractor, in an action for money had and received to the use of the creditor, and shall be entitled to the same privileges as the contractor, to whose rights the . said creditor shall have been subrogated, and to the extent in value of any balance due by the owner to his contractor, under the contract with him at the time of the notice first given as aforesaid, or subsequently accruing to such contractor under the same, if such amount shall be less than the sum due from said contractor to his creditor. C. C. 2770-2778; C. P. 444 et seq. SEC. 2883. All the foregoing provisions shall apply to the person furnishing materials of any kind to be used in the performance of any work or construction of any building in the State of Louisiana, as well as any work done and performed towards such erection or work Foregoing pro visions to apply to furnishers of materials. |