any paper be published therein, that all the circulating notes issued may be presented at the auditor's office within one year from the firstpublication of such notice, or that the funds deposited will be given Notes to be pre- up to such banker or banking company; and on receiving satisfactory proof of giving notice for the time aforesaid, the auditor shall surrender to the banker or banking company any funds which he may hold for the payment of the unredeemed notes.. sented within one year. of treasurer and paid. SEC. 310. (Auditor may appoint, with approval of governor, additional clerks.) Repealed. SEC. 311. The compensation and contingent expenses allowed to Compensation the treasurer and secretary shall be assessed upon all banks subjected secretary, how to their supervision under this act, as well as upon the incorporated banks, and paid in the same proportion and in the same manner. Auditor's fees SEC. 312. The auditor shall be entitled to demand three cents for for countersigning, registering each bank note which shall be countersigned, numbered and regisand numbering tered in his office. bank notes. Stock of per SEC. 313. Whenever any person, permanently residing without the sons dying. be. State, shall die, being the owner of any bank stock in any of the indents, how sold corporated banks in this State, except the property banks, it shall be or transferred. lawful for his heirs, executors or representatives to sell and transfer ing non-resi Penalties against banks buying or sell ing produce. any or all stock so held upon the books of the bank, or in any other manner recognized by the charter of the bank, without the necessity of having themselves recognized as such by or obtaining from any court in this State a decree for the sale and transfer of all or any of the bank stock; and no State tax prescribed in cases of succession shall be applicable to such stock. Act 1877, p. 60, No. 47; D. sec. 3397. SEC. 314. All the banks of this State are prohibited from buying, selling, bartering or trading for cotton, sugar or any other produce; and for any infraction of the provisions of this section the bank shall forfeit a sum not exceeding five thousand dollars, and every director assenting thereto shall be fined not exceeding one thousand dollars and shall be responsible for all damages. SEC. 315. (Licenses of banking companies.) Repealed. D. sec. 732, 1881, 3234; Act 1869, p. 146. SEC. 316. (Bank discount.) See D. 1890. C. C. 2924 (2895); D. sec. 299, 1887, 1890; Act 1866, p. 58. SEC. 317. (State tax on auction sales of stocks, bonds, etc.) See D. 161. D. sec. 161, 3339, 3404; Aet 1859, p. 166. SEC. 318. BATTURE. Whenever the ripartan owner of any property in the incorporated towns or cities in this State is entitled to the right of accretion, and batture has been formed in front of his land more than is necessary for public use, which the corporation withholds from him, he shall have the right to institute suit against the corporation for so much of the batture as may not be necessary for public use; and if it be determined by the court that any portion of it be not necessary for public use, it shall decree that the owner is entitled to the property, and shall compel the corporation to permit him to enjoy the use and ownership of such portion of it, C. C. 509 (501); Act 1855, p. 37. Rights of riparian owners in cities and towns BILLS AND PROMISSORY NOTES. SEC. 319. No bill of exchange, promissory note or other obligation how to be writ ten, when expressed in fig. ures. for the payment of money, made within this State, shall be received as Bills and notes, evidence of a debt, when the whole sum shall be expressed in figures, unless the same shall be accompanied by proof that it was given for the sum therein expressed. The cents or fractional parts of a dollar may be in figures. C. C. 2243; D. sec. 1458; Act 1855, p. 47. SEC. 320. The rate of damages to be allowed and paid upon the usual protest for non-exceptance or non-payment of bills of exchange, drawn or negotiated within the State, shall be as follows: On all bills drawn on and payable in foreign countries, ten dollars upon the hundred upon the principal sum specified in such bills; on all bills drawn on and payable in any other State in the United States, five dollars upon the hundred upon the principal sum specified in such biil. C. C. 1935 (1929), 2117 (2113); D. sec. 298, 1886. Damages on protested bilis. and damages SEC. 321. Damages shall be in lieu of interest, charges of protest and all other charges incurred previous to aud at the time of giving What interest notice of non-acceptance or non-payment, but the holder shall be en- allowed. titled to demand and recover lawful interest upon the aggregate amount of the principal sum and of the damages thereon from the time at which notice of protest for non-acceptance or non-payment shall have been given and payment of such principal sum shall have been demanded. C. C. 1935 (1929), 2117 (2113); D. sec. 1885. SEC. 322. If the contents of the bili be expressed in the money of Principal and account of the United States, the amount of the principal and of the damages, how ascertained damages shall be ascertained and determined without any reference when in United States currency to the rate of exchange existing between this State and the place on which such bill shall bave been drawn at the time of the demand of payment or notice of non-acceptance or non-payment. When the SEC. 323. If the contents of such be expressed in the money of acamount 18 ex count or currency of any foreign country, then the principal, as well pressed in a foreign currency, as the damages payable thereon, shall be assertained and determined damages howascertamed. by the rate of exchange; but whenever the value of such foreign coin is fixed by the laws of the United States, then the value thus fixed shall prevail. Notaries to of protests and notices. SEC. 324. (Days of public rest.) See D. 1114. C. P. 207, 237, 318; D. sec. 332, 522, 353; Act 1870, Ex. S., No. 44, p. 98; Act 1872, No. 42; Act 1876, No. 12, days of grace. SEC. 325. Notaries and parish recorders shall keep a separate book, keep a record in which they shall transcribe and record, by order of date, all the protests by them made, with mention made of the notices which they shall have given of the same to the drawers or endorsers thereof, together with the names of the drawers or endorsers, the date of the notices and the manner in which they were served or forwarded, which declaration, duly recorded, under the signature of the notary public or parish recorder and two witnesses, shall be considered and received in all courts of this State as a legal proof of the notices. Protests, how made and no. tices given. Notices of pro D. sec. 2507, 3116. SEC. 326. All notaries, or persons acting as such, are authorized, in their protests of bills of exchange, promissory notes or orders for the payment of money, to make mention of the demand made upon the drawer, acceptor or person on whom such order or bill of exchange is drawn or given, and of the manner and circumstances of such demand, and by certificate added to such protest to state the manner in which any notices of protest were served or forwarded; and whenever they shall have so done, a certified copy of such protest and certificate shall be evidence of all the matters therein stated. C. C. 2234 (2231), 2267, (3369); D. sec. 2508, 3117; 28 A. 48. SEC. 327. Whenever the drawer, acceptor, endorser cr others shall test, when to be not reside in the town or city where protest shall be made, it shall be pat in the post- the duty of such notaries, or others acting as such, to put into the office. nearest postoffice where the protest is made a notice of the protest to such drawer, acceptor, endorser or others, addressed to them at their domicile or usual place of residence. D. sec. 2509, 3118. SEC. 328. Whenever the residence of any drawer, acceptor, endorser or others shall be unknown to the rotary, or other person acting as such, and whenever, after using all due diligence to obtain the necessary information thereon, the residence shall not have been found, then it shall be the duty of the notary, or other person acting as such, to put the notice of such protest in the nearest postoffice where the protest was made, addressed to the drawer, acceptor, endorser or others at the place where, as it shall appear by the face thereof, such bill of exchange or promissory note was drawn; and the same shall be deemed and considered legal notice of such protest. D. sec. 2510, 3119. Notaries in New Orleans authorized to SEC. 329. Notaries public in the city of New Orleans are empowered to protest bills of exchange, notes and other negotiable effects throughout the parish of Orleans; and in default of notaries and parish recorders in the country, any justice of the peace may protest protest throughout the promissory notes and bills of exchange in the presence of two per- parish. sons residing in the parish, who shall certify and subscribe the same as witnesses. D. sec. 2055, 2527, 2531. SEC. 330. Whenever promissory notes are endorsed for the bene notes liable as tain cases. fit of the drawer or drawers thereof, and the same is mentioned on Endorsers of acthe notes, if the drawer or drawers cause the notes to be discounted commodation in any bank in operation within this State, or obtain any sum of drawers in cermoney in consideration of the notes from any person, the endorsers shall by law be bound towards the bearers of the notes as if they had been discounted or negotiated for their own account and benefit. SEC. 331. Upon all bills of exchange and promissory notes made negotiable by law, or by the usage and custom of merchants in this State, three days of grace shall be allowed. SEC. 332. Upon all bills of exchange at sight, and upon all drafts Days of grace or orders for money on demand, payable at any place within this certain bills. State, no days of grace shall be allowed. D. 324; Act 1876, No. 12; Act 1858, p. 128. Days of grace. not allowed on Suits on bills of SEC. 333. All suits against makers and endorsers of promissory notes, drawers, endorsers and acceptors of bills of exchange, and gener- exchange, when jury is allowed. ally all suits brought on unconditional obligations to pay a specific sum of money, shall be tried without a jury, unless the defendant shall make oath that his signature to the note, bill or other obligation is not genuine, or that he expects to prove that the same had been obtained through fraud or error, or want or failure of consideration, or in cases when the defendant in his answer may set up a plea of compensation or reconvention, and make oath to the truth of all the allegations in said plea or answer. C. P. 491, 494; D. sec. 561, 747; Act 1839, p. 172, sec. 24. SEC. 334. (Prescription.) See D. 2812. C. C. 3540 (3505); D. sec. 454, 2812; Act 1852, p. 90, sec. 3. SEC. 335. (Manner of pawning certain evidences of credit.) See D. 2904. C. C. 2643 (2613), 3158 (3125); D. sec. 2477-2490; Act 1866, p. 266. SEC. 336. (Notice.) See D. 2906. C. C. 2643 (2613), 3158 (3125.) SEC. 337. (Interest greater than eight per cent.) See D. 1889. Parish record. ers to births. BIRTHS AND DEATHS. SEC. 338. It shall be the duty of all the parish recorders of this record State to record all births in a book, bound and kept for that purpose, in the order of their dates. births, when to be received. Act Ex. S. 1870, Nos. 15, 50; D. 3129; Act 1833, p. 20. SEC. 339. It shall be the duty of the parish recorder to receive deDeclaration of clarations of birth within eight days from the birth. They may, however, extend that delay to two months after the birth when a declaration could not be made sooner on account of the persons who are to make the same living at a distance, or being prevented by sickness or other lawful impediment. Declaration, by whom made. contain. D. 3121; Act 1855, p. 41. SEC. 340. The birth of a child shall be declared by his father, or, in case the father could not make the said declaration, by any other person who may have been present at the birth of the child, and the said birth shall be immediately recorded in presence of the two wit nesses. D. sec. 3122. SEC. 341. The said records shall contain the day, hour and place Record, what to of birth, the sex of the child and the first name or names given to the child, the first name or names, profession and residence of the father and mother, and the names of the witnesses. Declaration of death, by whom to be made. D. sec. 3123. SEC. 342. Deaths shall be recorded by the parish recorders upon the declaration of two witnesses, who shall be, if possible, the two nearest relatives or neighbors of the deceased, or wher a person |