Expenses, how abstracts and legal fees of the recorders shall be paid out of the paid, State treasury upon the affidavit of such recorder, before any justice of the peace of the parish, that the account filed is correct.

REGISTER OF CONVEYANCES FOR THE PARISH OF ORLEANS.

SEC. 3152. There shall be appointed by the governor, by and with Register of con- the advice and consent of the senate, an officer with the title of reg. veyances to be appointed every ister of conveyances for the parish of Orleans, whose appointment fourth year.

Register's bond.

Deputy.

Office of regis ter, where kept.

shall be renewed every fourth year.

C. C. 3388 (3351); Con. 1879, art. 144, 145, 146, 266; D. sec. 1672; Act 1855, p. 345; Act 1882, p. 65, No. 57.

SEC. 3153. He shall furnish the governor of the State a bond, in a sum of fifteen thousand dollars, with good and sufficient security of two freeholders in the parish of Orleans, for the faithful performance of the duties that are imposed upon him by law. He may appoint a deputy-provided, however, that he shall be responsible for his acts. The deputy shall take the oath prescribed by the constitution and laws.

Con. 1879, No. 144; D. sec. 1673; Act 1880, p. 26, No. 24; p. 121, No. 94; p. 187, No. 136; Act 1882, p. 65, No. 57.

SEC. 3154. It shall be his duty to keep his office in as central a situation as possible, and in a brick house, and to keep his record books open to the inspection of all persons, and to deliver to them certificates of the inscriptions that may have been made, if they require the same; which certificates, when signed by the register and Duty of regis. sealed with the seal of office, which it shall be the duty of said register to keep, shall be received in courts of justice in evidence in the same manner as all other public acts.

ter.

Register authorized to open several records.

His duties.

Manner of re

C. C. 2257.

SEC. 3155. The register is authorized to open as many records at a time as may be necessary. They shall be numbered and paraphed by a judge of the district. He shall register all acts of transfer of immovable property, passed in the city and parish of Orleans, which shall be presented to him, in the order in which said acts shall have been delivered to him to be registered, and in the following manner:

C. C. 2258.

SEC. 3156. When said acts of transfer of property shall have been cording nota passed before a notary public it shall be sufficient that the registering of said acts be made, on a certificate being presented from the notary who shall have passed said act, containing—

rial acts.

First. The date of the act and the place where it was passed. Second. The names, surnames and qualities of the contracting parties.

Third. A description of the immovable property which has been transferred, with all necessary details.

Fourth. The price of the transfer, whether paid in ready money or on time; in the latter case, what the terms and conditions are. C. C. 2259; D. sec. 2530.

under private

SEC. 3157. Whenever acts of transfer shall have been passed under Manner of regprivate signature, said register shall register in toto, with an act as- istering acts certaining the signature, if the contracting parties wish the registry signatures. of the act to be accompanied with an act ascertaining their signatures.

C. C. 2260.

thorized to

SEC. 3158. Whenever an act under private signature shall be taken Register auto said register to be recorded, as required by the preceding section, take acknowl he may, if thereunto requested by the parties, take an acknowledg- signature. edgement of ment of their signatures, which acknowledgment shall be recorded with the said act under private signature.

C. C. 2261, 3367 (3331).

SEC. 3159. Acts, whether they are passed before a notary public or otherwise, shall have no effect against third persons but from the day of being registered.

C. C. 2262; D. sec. 2517, 3188.

Acts not regis.

tered to have no third persons. effect against

to recorder of

SEC. 3160. The said register shall in nowise make any of the in- The register cannot perform scriptions, nor deliver any of the certificates which by law the re- duties assigned corder of mortgages in New Orleans has the right of making and mortgages. delivering

He cannot pass

SEC. 3161. In no case shall said register be entitled to pass any of notarial acts. the acts that notaries public are entitled to pass.

furnish extract.

taries fail to

SEC. 3162. Whenever a notary shall neglect to send to said register Duty when noan extract of the act by him passed, the register is authorized, on the production of an authentic copy of said act, to record only an extract thereof, containing the same clauses as are to be contained in the extracts which notaries are authorized to deliver.

C. C. 2263.

SEC. 3163. The register of conveyances of the city of New Orleans shall be entitled to the following fees of office, and no other nor greater fees shall ever be received or demanded by him: For each registry of a conveyance, one dollar; for each alienation or any other certificate required of him, fifty cents.

Con. 1879, art. 145; Act 188), p. 26, No. 24.

His fees.

board of assess

SEC. 3164. It shall also be the duty of the register of conveyances To give the every month to transfer to the board of assessors of New Orleans a ors a monthly list of all conveyances recorded in his office during the month.

statement.

Duty of notaries to have conveyances recorded.

Certificate to

REGISTRY.

SEC. 3165. It shall be the duty of the notaries in New Orleans to cause every deed of sale, donation or any other sort of conveyance of real estate, passed before them respectively, even when the parties shall agree to dispense therewith, to be registered at the office of the register of conveyances for New Orleans within forty-eight hours after the passage of said acts; and this under the penalty of five hundred dollars fine, to be recovered before any court of competent jurisdiction, for the use and profit of the charity hospital; and also under the penalty of being liable for all damages which the parties may suffer through the neglect of said notary to register the said acts.

C. C. 2251, 2255; D. sec. 407, 2501, 2502, 2524-inserted as C. C., art. 2255; Act 1855, p. 320; Act 1882, p. 61, No. 50-bind their acts.

SEC. 3166. It shall be the duty of said register of conveyances to be granted by affix to the act to be enregistered a certificate that he has enregistered the same.

register of con

veyances.

Rebinding and relettering

records.

Expense to be paid by the city of New Orleans.

C. C. 2256; D. sec. 2526.

SEC. 3167. The register of conveyances is authorized to cause so many of the books of records and indexes now in the office of register of conveyances for the parish of Orleans to be rebound, relettered and numbered and written over as shall be necessary to per petuate and preserve said valuable records for public use.

C. C. 2258; Act 1868, p. 242; Act 1882, p. 65, No. 57.

SEC. 3168. The expense for the binding, lettering and writing over said books shall be paid out of the treasury of the city of New Orleans, not to exceed five thousand dollars, upon warrants issued by the comptroller of the city, approved by the mayor thereof, at rates which shall seem to the mayor reasonable.

RECORDER OF MORTGAGES FOR THE PARISH OF ORLEANS. SEC. 3169. The governor shall nominate and, by and with the admortgages to be vice and consent of the senate, appoint a recorder of mortgages for appointed by the governor.

Recorder of

His term of office.

Fees of record

er of mortgages

the parish of Orleans, who shall hold his office for two years, and until

his successor shall be duly appointed and qualified.

Con. 1879, art. 144, 145, 146, 266; D. sec. 1674; Act 1855, p. 321.

SEC. 3170. (His bond.) Repealed.

Con. 1879, art. 144; D. sec. 1675; Act 1880, p. 62, No. 60.

SEC. 3171. (Deputy recorder.) Repealed.

Con. 1879, art. 144, 146; Act 1880, p. 26, No. 24; p. 184, No. 135; p 187,
No. 136; Act 1882, p. 151, No. 100.

SEC. 3172. The register of conveyances and recorder of mortgages and register of of the city of New Orleans shall be entitled to the following fees of office: For each registry of mortgage, one dollar and fifty cents; for

conveyances in New Orleans.

certificate of mortgage, one dollar; for canceling a mortgage, one dollar; for each registry of conveyance, one dollar; for certificate of conveyance, one dollar; for any other certificate required of them in their respective offices under the provisions of the law, fifty cents.

Act 1880, p. 187, No. 136; Act 1880, p. 26, No. 24; D. sec. 771; Act 1855, p. 162; Con. 1879, art. 145.

SEC. 3173. (Release of mortgages furnished by any notaries.) See

D. 2522.

Act 1882, p. 151, No. 100; C. C. 3374; Act 1866, p. 206.

SEC. 3174. (Fees allowed.) See D. 2523.

General index

SEC. 3175. It shall be and is hereby made the duty of thy recorder of mortgages in and for the parish of Orleans to make and keepFirst. A general index of all conventional mortgages which have of conventional been inscribed in the records of his office.

mortgages.

General index

Second. A general index of all judicial mortgages which have been of judicial inscribed as aforesaid.

mortgages. Index of dona

Third. A general index of all donations which have been inscribed tions. as aforesaid.

C. C. 2258; Act 1869, p. 135.

SEC. 3176. Thereafter the said indexes shall be continued and kept by said recorder, as well as the indexes required by existing laws for each book.

SEC. 3177. Besides the several registers required by existing laws the said recorder of mortgages shall provide and hereafter keep the following books, with a separate index to each, viz.:

mortgages to

First. A separate register in which shall be reinscribed all mort. Register of gages in favor of the citizens' bank of Louisiana, and in which shall citizens' bank. hereafter be inscribed all similar mortgages.

Register of Second. A separate register in which shall be reinscribed all mort- mortgages to gages in favor of minors, interdicted and absent persons, and in dicted and abminors, interwhich shall hereafter be inscribed all similar mortgages.

Third. A separate register in which shall be reinscribed all mortgages and other liens now recorded for ground rents in favor of the State of Louisiana and parish of Orleans and the city of New Orleans, and in which shall hereafter be inscribed all similar mortgages and liens.

sent persons.

Register of mortgages for ground rents.

Committee of

SEC. 3178. The governor and lieutenant-governor of the State and the mayor of New Orleans, or a majority of them, shall appoint a supervision, committee, consisting of three responsible notaries public of the parish of Orleans, under whose supervision and instruction the said registers and indexes shall be made; but the said notaries shall receive no compensation for their services.

SEC. 3179. The expenses and charges attendant upon the perform

Certificate of mortgages

against the city

only to contain special mortga ges recorded

against the city

Record of judgment not

to operate as a mortgage.

ance of said work shall be paid by the city of New Orleans, and the rates now established by law, upon the order of the aforesaid notaries or a majority of them, accompanied by their certificate that the work has been properly and satisfactorily performed.

SEC. 3180. Whenever the city of New Orleans, through her proper officers, shall apply to the recorder of mortgages of said city of New Orleans for certificates of mortgages recorded against the city of New Orleans, it shall be the duty of said recorder of mortgages to mention in such certificate only special mortgages which have been granted by said city of New Orleans, and to omit all judicial mortgages arising from inscription of judgments rendered against said city of New Orleans and recorded in said mortgage office.

Act 1858, p. 221.

SEC. 3181. Hereafter no inscription of a judgment rendered against said city of New Orleans shall operate as a judicial mortgage against any property of the said city of New Orleans.

C. C. 3321 (3289), 3322 (3290).

SEIZURES IN THE PARISHES OF ORLEANS AND JEFFERSON,

SEC. 3182. (Duty of persons levying on landed property in the parishes of Orleans and Jefferson.) See D. 3625.

C. P. 646; 27 A. 120;. D. sec. 3625, 3438; Act 1857, p. 185. SEC. 3183. (Duty of the officer executing the seizure.) See D. 3626.

Notarial acts to be recorded to affect third persons.

Manner and

place of recording certain acts

SEC. 3187. (Fees of recording, how and by whom paid.) See D. 3630.

REGISTRY.

SEC. 3188. No notarial act concerning immovable property shall have any effect against third persons until the same shall have been recorded in the office of the parish recorder or register of conveyances of the parish where such immovable property is situate.

Con. 1879, art. 176, 177; C. C. 2264; D. sec. 2516; Act 1855, p. 335. SEC. 3189. All sales of lands made by any sheriff or other officer, by virtue of any execution; all marriage contracts made within this State tending in anywise to convey, transfer, assure or affect the estates of the parties, or being only intended to ascertain the dotal rights of the wife, or that her marriage portion is liable to some re