null if not re serves, or stipulated to be paraphernalia, or extra-dotal property: all final judgments shall be recorded as follows, to-wit: Where lands or other immovable property are to be affected the recording shall be in the parish where the lands or other immovable estates shall Said acts to be be situate. And all sales, contracts and judgments which shall not corded. be so recorded shall be utterly null and void, except between the par- When said recties thereto. The recording may be made at any time, but shall only third persons. affect third persons from the time of the recording. Con. 1879, art. 176, 177; C. C. 2265, 2266; D. sec. 3617. ords affect RECUSATION. Con. 1879, art. 105, 112; Act 1830, p. 17, No. 10-courts of appeal; Act 1880, p. 38, No. 40-district courts; Act 1880, p. 44, No. 45, sec. 9-city courts; Act 1877, p. 35, No. 35; Act 1877, Ex. S., p. 197, No. 129-contested elections; Act 1876, p. 111, No. 70-judge ad hoc, trausfer. Sec. 3190. In all civil and criminal causes in which the State, the parishes or political or religious corporations are interested, it shall Being members of civil or renot be sufficient cause to challenge the judge or justices of the peace ligious corporations not cause who may have cognizance of the case, nor the sheriff, nor the execu- for challenge. tive officer, nor any of the jurors, who are called on to serve in the cause, to allege that they are citizens or inhabitants of the State or of the parishes, or members of the said political or religious corporations, or that they pay any State, parish or city tax. Con. 1879, art. 112; C. P. 337-342; D. sec. 1067, 1967; Act 1855, p. 335; Criminal cases SEC. 3191. Any judge may be recused or may recuse himself in criminal cases if said judge be connected by blood or marriage with in which judges any person charged with any offence against the laws of the State. D. sec. 1067, 1947; Act 1858, p. 218. may be recused witness no sation. SEC. 3192. The fourth paragraph of the three hundred and thirtyeighth article of the code of practice is repealed; and no judge shall Judge being a be rendered incompetent to sit on trial of any cause now pending or cause of recu which may hereafter be instituted in any of the courts of this State, in consequence of his being a material witness in the case, in favor of either party; his being a witness shall no longer be a cause of recusation. C. P. 338; D. sec. 1961, 3967; Act 1828, p. 152, sec. 5. SEC. 3193. Whenever, in any case before the supreme court or any other court having appellate jurisdiction, the judgment appealed Judges of su. from shall have been rendered, in the first instance, by any judge of preme and other courts when to the said appellate court at a time when he was a judge of the court recuse them selves. cusation of parish judges. of original jurisdiction, it shall be the duty of said judge ex officio to recuse himself, without its being necessary that a motion be made to that effect by any of the parties. Con. 1879, art. 105, 112; D. sec. 1922; Act 1850, p. 28. SEC. 3194. The district judges of the several judicial districts of Powers of dis this State, or the parish judge of any adjoining parish, shall, in the trict judges, in absence or re- absence of the parish judges from their respective parishes, or when the parish judge is interested, or from any cause is recused or cannot act, grant all orders of any and every kind, in cases of any kind, in the parish courts, which might have been granted by the parish judge if not absent or recused; which absence or recusation must be made to appear by the affidavit of the party or his attorney who applies for such order. Powers of par D. sec. 1948, 2024; Act 1869, p. 63; Act 1876, p. 111, No. 70; Act 1877, SEC. 3195. The several parish judges shall have the power, in the absence of the district judge from the several parishes, or when he is. ish judges, in interested, to act in cases before the district court in granting orders cusation of dis. of arrest, attachment, sequestration, provisional seizure, and orders of trict judges. absence or re eizure and sale; to issue writs of possession and distringas; to grants D. sec. 1747, 2027; Act 1868, p. 12; Act 1876, p. 111, No. 70; Act 1877, REDHIBITION. SEC. 3196. (Suits, where to be brought.) See D. 2815. C. C. 2535 (2515); D. sec, 2815; Act 1828, p. 150, sec. 22. REGISTRATION. Con. 1879, arts. 184-187, 209; Act 1882, p. 152, No. 101-election law; Act 1882, p. 177, No. 126-special taxes, elections, Act 1880, p. 158, No. 123– registration; Act 1880, p. 27, No. 26-selling liquors, etc.; Act 1880, p. 57, No. 59-coute sted elections; Act 1880, p. 108, No. 84-special taxes, elections; Act 1878, p. 245, No. 11-clerks registration; Act 1878, p. 248, No. 15 -assistant registrar; Act 1878, p, 217, No. 4-subdivision city New Orleans; Act 1878, p. 150, No. 99-election laws; Act 1877, p. 5, No. 1-board canvassers; Act 1877, Ex. S., p. 168, No. 101 - registration; Act 1877, p. 89, No. 58 -elections; Act 1877, Ex. S., p. 199, No. 131-recorders in New Orleans; Act 1870, p. 132, No. 99-registration; Act 1872, p. 15, No. 98-registration; Act 1873, p. 5, No. 19-registration; Act 1874, p. 227, No. 127-registration; Act 1874. p. No. 155. Sec. 3197 to 3220 repealed. See above list of statutes. REPORTER. Sec 3221 to sec. 3231 are superseded by Act No. 100 of 1877, p. 165. To prescribe and regulate the duties of the reporter and the publisher of the decisions of the supreme court, and to prescribe the duty of the clerk of the supreme court in relation thereto. the surpreme SEC. 1. The decisions of the supreme court shall be published as hereinafter prescribed under the supervision of a reporter, to be appointed by Appointment of the governor, on the recommendations of the supreme court, for the term of a reporter of four years. No person shall be appointed reporter who shall not at the the decisions of time of his appointment be a citizen of the United States and of this State, court; qualifiand have been for three years duly licensed to practice law, and been act- cations, etc. ually engaged for said period in the practice of his profession. The reporter shall be removable by the governor on a complaint of a majority of the judges of the court for any neglect or misconduct; nothing in this act being intended to vacate the office of the presently appointed reporter. SEC. 2. The reporter shall receive an annual salary of twenty-five hun dred dollars, payable quarterly as the salaries of other officers of the State; Salary of reand it shall be the duty of the reporter, unless removed from office, or in porter. case of resignation, to complete any volume which may have been commenced by him. court, etc. SEC. 3. It shall be the duty of the clerk of the supreme court to deliver to the reporter or to his order the original opinions of the judges as Duty of clerk soon as they shall have been recorded as provided by law, together with of supreme the records in all cases. They shall be returned to the clerk as soon as they shall have been used for the purpose of preparing the reports. The term Term of office of office of the reporter shall be four years from the date of his appointment, of reporter. unless he be removed as herein before provided for. SEC. 4. All cases in which any judgments shall be pronounced shall be reported, except such as present only questions of fact or in which damages How cases may be allowed for a frivolous appeal. The report of each case shall con- must be report tain First. The title of the case. Second. The names of the judge and court from which the appeal was taken, and if tried by a jury the fact shall be stated. ed. Type and paper to be used for the reports. Form of the bond. Reports to be embraced in one volume. Reporter to su pervise the publication of the reports. Printing board to contract for the publication of the reports. Publisher to print and sell the decisions in advance sheets. Third. The names of counsel engaged in each case. Fourth. Coneise notes at the head of each case of the points decided in the case. Fifth. A statement of the facts of the case taken from the record when such statement may be necessary to explain the decision of the court. Mention need only be made of applications for a rehearing when important to a proper understanding of the decision. Each volume shall contain a list of all the cases reported, arranged alphabetically, with the names of the plaintiffs and defendants, and a list of all cases determined within the period embraced by the volume, but not reported, together with a copious index. SEC. 5. The reports shall be printed in bourgeois type, leaded, each page to contain, as nearly as may be, two thousand four hundred and fifty ems. The paper shall be well sized and equal in quality to that of the first volume of annual reports; each volume to be bound in calf. SEC. 6. The cases reported for each year shall form one volume, which shall be designated by the year which it embraces, and the whole series shall be known as the Louisiana annual reports. SEC. 7. The reporter shall supervise the publication of an edition of one thousand copies of the reports, to be published as hereinabove and hereinafter directed. The publisher shall deliver to the reporter, one hundred copies, which the reporter shall retain in his hands for the following disposition: He shall deposit one copy in the law library of New Orleans, one in the library of the supreme court, and five copies in the State library. He shall also deliver one copy to each of the supreme court judges, aud one to each of the district judges sitting in the city of New Orleans; and the balance of said one hundred copies he shall deliver to the secretary of State for distribution by him in accordance with existing laws. SEC. 8. In order to publish said reports as aforesaid the printing board created by act number forty-nine of session of eighteen hundred and seventy-seven is authorized to enter into a contract with any publisher (said contract not to exceed in any one time the term of two years, or two volumes of reports), to print and bind in workmanlike manner, as hereinabove and hereinafter provided, all of said copies of said reports; said contract to be made after having advertised for at least ten days in the official journal for bids to do the said printing of reports; the contract to be given to the party or parties offering the greatest bonus to the State for the copyright and privilege of publishing and selling said volumes of reports. The said contract to include over and above any bonus the delivery to the reporter of the one hundred volumes mentioned in and to be disposed of according to the previous provisions of this act. The person contracting to publish shall bind himself to sell the volumes of decisions within the State of Louisiana at a rate which shall in no case exceed one cent per page for each volume; the contractor to obligate himself to have always on hand for at least four years from the date of the issuance of said annnal the volume for sale to the trade at said price, and to deliver to the secretary of State within the said four years, whenever called upon, copies of said volume, upon payment in cash of the price above named. The contract vests the copyright of said books in said publisher, subject to the above provisions; the State to have the right at any time to acquire the copyright by paying the value thereof, which value is to be fixed by appraisers, one to be appointed by the printing board and one by the publisher; the two, in case of disagreement, to select a third. The said publisher to furnish security in the sum of five thousand dollars, conditioned for the faithful performance of his contract. The board to have the right to reject any and all bids. Any bonus to be applied to the payment of the salary of the reporter, and the surplus, if any, be paid into the treasury to the credit of the printing fund. SEC. 9. In order to facilitate the early delivery to the profession, if the decisions are rendered, the contract shall obligate the publisher to print, and, as they are delivered to him, sell them in advance, sheets or pamphlet numbers stitched and covered with paper; the said pamphlets to contain at least one hundred pages of printed matter, to be sold at a price estimated in proportion to the whole cost of the book when complete; the purchaser or purchasers to be entitled to a bound volume upon the return of the pamphlets in good order to said publisher, and the payment of the costs of the volume, subject to a credit for the price previously paid for the pamphlets. SEC. 10. All laws or parts of laws in conflict with this act be and the same are hereby repealed so far as they are in conflict, and this act shall Reporter to have the superhave force and effect from and after its passage. The reporter to have su- vision of the pervision of the execution of the contract aforesaid, under whose direction contract. the publisher shall execute his contract. See Con. 1879, art. 83. REVENUE. Con. 1879, art. 202-218-revenue and taxation; Act 1870, p. 52, No. 27— foundries, factories, etc.; p. 31, No. 1-gambling houses; p. 23. No. 6. sec. 34-education; p. 126, No. 68-revenue act; Act 1871, p. 104, No. 42-revenue act; Act 1872, p. 49, No. 14-revenue act; p. 55, No. 17-amending revenue act; Act 1873, p. 178, No. 100-tax sales; Act 1874, p. 39, No. 3funding limit to taxation; p. 80, No. 43-tax-collectors removed; Act 1875, p. 48, No. 17—board of audit; p. 70, No. -delinquents; p. 34, No. -delinquents; p. 16, No. 156-militia tax; Act Ex. S. 1877, p. 127, No. 89 -cottonpress, ginnery, etc.; p. 6, No. 4-tax-collectors and assessments; p. 56, No. 34-liens, privileges; p. 136, No. 96-collection and assessment; p. 208, No. 137-relief tax-payers, Act 1877, p. 26, No. 23—relief tax-payers; Act 1878, p. 229, No. 8-levying and collecting revenues; Act 1879, p. 3, No. 26-licenses, Moffet's register; Act 1882, p. 88, No. 77-revenue act; p. 48, No. 49-licenses and taxes prior to 1879; p. 103, No. 78-parish and municipal taxes; p. 152, No. 120-poll tax; p. 171, No. 126-scrip, education; p. 108, No. 84-public improvements; p. 120, No. 93-tax and license suits; p. 143, No. 119-license taxes; p. 119. No. 96-annual revenue; p. 43, No. 29-delinquents; p. 53, No. 41-public improvements; p. 66, No. 58-premium bonds; p. 86, No. 66-delinquents; p. 119, No. 96-assessment and collection; p. 146, No. 98-delinquents; p. 161, No. 109-levy of municipal taxes; p. 177, No. 126-taxes, special election. RATES AND OBJECTS OF TAXATION. Ad valorem SEC. 3232. An annual ad valorem tax of one-quarter of one per centum shall be levied upon the assessed cash value of the movable tax. or immovable property in the State for the purpose of supporting the government of this State, to pay the public debt and promote the public interest thereof; said tax to be levied upon the following property: Land and fix First. All lands and lots of ground lying within this State, owned or claimed by any person or corporation, whether patented or not, tures. including the assessment thereof, the value of all houses, fixtures and improvements of every kind or value thereon or affixed thereto; all machinery, neat cattle, horses and mules when attached to and used on a plantation or farm. |