SEC. 455. (Prescription of judgments.) See D. 2813. C. C. 3544 (3508), 3547; 13 A. R. 173, 179; 24 A. R. 160, 211; Act 1853, p. 2:0; Act 1875, No. 168. CIVIL RIGHTS. SEC. 456. (Common carriers may make rules and regulations.! C. C. 2751 (2722); Act 1869, p. 37; Act 1870, No. 68, p. 128; Act 1571, SEC. 457. (Admission to places of public resort.) See D. 1698. Act 1870, No. 68. sec. 3, par. 11. SEC. 459. (Party injured entitled to damages.) See D. 1700. See Act 1870, Ex. S., p. 93, No. 39; Act 1871, p. 57, No. 23; Act 1878, p. 157, No. 85, CLERKS. Clerks of the supreme court, To give bond. How tried for malfeasance. CLERKS OF THE SUPREME COURT. SEC. 460. There shall be a clerk of the supreme court at the city of New Orleans and one at each other place at which it may sit. They shall be appointed by the supreme court, and shall give bond and security as follows: The one at New Orleans in the sum of ten thousand dollars, and the others in the sum of five thousand dollars each, conditioned for the faithful discharge of their duties. The bonds shall be accepted and approved by the supreme court. D. sec. 367, 1923; Act 1855, p. 54. SEC. 461. Whenever any complaint shall be made against a clerk of the supreme court it shall be the duty of the court to appoint a day for hearing the evidence, when the court shall give such judgment as may be proper; and in the meantime the court may suspend the clerk, and appoint another pro tempore, when the nature of the charges in their opinion authorize the measure. D. sec. 1924. CLERKS OF DISTRICT COURTS. See as to clerks of the district courts for the State at large and for the parish of Orleans, Acts 1880, Nos. 30, 58, 106, 115, 130, 131; and Acts 1882, No. 43, modifying the legislation in that respect since constitution 1879. SEC. 462. Before entering upon the discharge of the duties of their office they shall give bond in the sum of five thousand dollars, with at Bond to be given. least two good securities, for the faithful discharge of their official duties; the securities thereon shall be approved by the judge of the court. For the parish of Orleans, the bond shall be deposited and recorded in the office of the recorder of mortgages, and in other parishes in the office of the parish recorder, as the conventional mortgage, and shall operate as a mortgage from the date of the registry upon the real estate of the principal obligor therein. A certified copy of the same, with a certificate of registry, shall be transmitted to the auditor of public accounts. They shall have power to administer oaths in all cases and to grant marriage licenses. C. C. 99; D. sec. 358, 484, 2098, 2202, 2425, 2426; Act 1855, p. 50. C. P. 304; Act 1855, p. 324; 23 A. R. 451, 502. Powers of clerk To file and re SEC. 461. They shall have power to receive, file and record all cord mandates mandates and decrees rendered by the supreme court and to issue all of the supreme legal process thereon. court. To record all C. P. 618, 915; Act 1855, p. 303; 18 A. R. 103. SEC. 465. The clerks shall record all proceedings in successions, proceedings in and they shall receive therefor such fees as may be allowed by law. D. sec. 507, 598. successions. A list of all ac in the clerk's SEC. 466. It shall be the duty of the several clerks to keep constantly posted up in their offices a list of all the successions wherein counts posted accounts have been filed and are peading for homologation in the office. parish court. C. P. 775, 1045; D. sec. 469, 474, 477; 4 R., p. 52. SEC. 467. In all cases of opposition filed in the clerk's office it shall Opposition to be placed on be his duty to place the opposition on the docket of the parish court, the docket. SEC. 468. It shall be lawful for clerks of courts, and it is made their duty, on the application of any party interested, to file any plead- Certain pleadings to be filed ings required for the purpose of making new parties to a suit, and by the clerk. refer the same to the judge to issue the necessary process there on. C. P. 419, 421; 14 A. R. 585, 611, 740; 16 A. R. 190; 20 A. R. 53, 251; Cast of transcript of appeal when demandable SEC. 470. It shall be their duty at the request of either party to To deliver cop deliver to the officer vested with the power of recording mortgages ies of judg. ments, etc. Office hours. Duty of the fore their re in their respective parishes copies of all decrees, judgments or orders by which mortgages of any kind may be created on property; but the copy and the costs of recording shall be paid for by the party applying for the same. D. sec. 500, 2391. SEC. 471. They shall keep their offices open every day (Sundays and holidays excepted) from ten o'clock A. M. to twelve o'clock M., and from two o'clock P. M. to four o'clock P. M. (Amended). SEC. 472. (Small successions.) See D. 3691, C. C. 1172 (1160) 1190 (1178); 12 L. 18; 1 R. R. 559; 8 A. R. 140; 18 SEC. 473. (List of vacant estates sent to the auditor.) See D. 3692. SEC. 474. It shall be the duty of the clerks of court, within three clerks of court days after the filing, to record in a well bound book the petition, anin regard to the swer and pleadings in all causes, together with any original document recording of petition, answer filed with the petition, answer or other pleadings on which the suit, and pleadings in all causes be other demand or defence may be founded; and within three months spective courts, after final judgment to record in the same book orders of court, interoriginal docu- locutory judgments and final judgments rendered therein. And in case the petition, and of the loss or destruction of the original of any such pleadings, docucourt, interloc ments or judgments, a duly certified copy of the same from the recutory judgment ord, made as herein provided, may be received in evidence in any court ments, in civil in this State. And if such loss or destruction shall take place during as well as all ments filed with the orders of and final judg. cases, and all formations or in case of loss of indictments, in- the pendency of the suit of which such pleadings, documents, etc., bail bonds, and shall form a part, then the suit may be continued and prosecuted to originals, by or- final judgment, upon the filing in the court having jurisdiction thereof der of the judge to certify the a duly certified copy of said pleadings, documents, etc., from said recsaid record. which will an ord so made. And in case of the loss, destruction or abstraction of the swer for originals. original of any final judgment, order or decree of any court, it shall be competent for the judge of such court, upon satisfactory proof made before him in chambers of such loss, destruction or abstraction, to order, upon the application of any party in interest, that a duly certified copy from the record of such judgment, order or decree be substituted for such original, and the execution and enforcement thereof be proceeded with as upon the original of such judgment, order and decree. And that it shall be the duty of clerks of court of this State, within ten days after the adjournment of any term or session of court, at or during which any bill of indictment, information or bail bond have been filed, to record in a carefully bound book kept C. P. 544, 775-779, 1045; 4 R. R. 52; 11 A. R. 521; Act 1878. No. 18, of appeal. Sec. 475. In case of appeal it shall be their duty to record the pleadings and judgments as aforesaid, together with the judgment of Record, in case the parish, district and appellate court, within six months from the filing of the judgment of the appellate court. of dismissal of SEC. 476. In case no judgment shall be rendered in the appellate court by reason of the appeal being dismissed, it shall be the duty of Record, in case the clerks to record the pleadings and judgment, as directed by the appeal. preceding section, within six months from the notice of the dismissal or discontinuance being filed in the court. SEC. 477. Any clerk neglecting or refusing to comply with the pro- Penalty for viovisions of the three preceding sections shall be considered as guilty preceding of a breach of good behavior, and on due proof thereof shall be removed from office. lating the three tions. sec SEC. 478. When a fine shall be imposed by any court of justice for Fines, how imposed and colthe non-attendance of any witness or juror, or for any other cause, it lected. shall be the duty of the clerk to issue, within two judicial days, a writ of fieri facias at the suit of the State against the person on whom the Fines not to be fine shall have been imposed. Fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay. D. sec. 831. to imposed without a rule show cause. not SEC. 479. Whenever any parish shall provide a suitable office for for the clerk of any court at the seat of justice, it shall be his duty to Fine, keeping his ofkeep his office in the building so provided; and failing so to do he fice in the place provided thereshall be fined in a sum not exceeding ten dollars for every month he for. shall keep his office elsewhere. SEC. 480. Whenever a complaint in writing shall be made against Proceedings in case of official the clerk of a district court, it shall be the duty of the court to appoint misconduct breach of good a day for hearing the evidence, when the court shall render such a behavior. or To furnish a the taxed costs judgment as may be proper; and in the meantime the court may suspend the clerk and appoint another pro tempore. Con. 1879, art. 195-201. SEC. 481. (To file specific bills of his fees on retiring from office.) See D. 749. D. sec 3558. SEC. 482. It shall be the duty of every clerk, upon the application of specific bill of any person interested, to furnish such person with a specific bill of when required. the taxed costs of suit; and any item of fees due the clerk that may be overcharged shall be forfeited. Nothing contained in this section shall be construed as repealing the laws of this State punishing clerks for extortion in office. Clerks of dis ties. SEC. 483. Clerks of district courts shall have the right to appoint as trict courts may many deputies as they may deem advisable, who shall perform minisappoint deputerial acts only, and who shall take the oath prescribed by the constituion of the State, and who shall discharge the duties imposed upon them as such by law; provided, that it shall be the duty of the clerk of each district court in this State to appoint a deputy competent to discharge the duties of a minute clerk to such court when the clerk does not perform this duty, and no such deputy clerk shall act as clerk until his appointment shall be approved by the judge of such Provided. Duties of clerks court. C. P. 782; Act 1863, p. 106; 2. L. R. 313; 3 L. R. 54; 4 L. R. 495; 15 L. SEC. 484. The clerks of the several district courts of this State shall perform all the clerical duties to be performed in and for the parish in parish courts courts of the several parishes, such as issuing citations, copies of petitions, cxecutions, writs of seizure and sale, injunctions, attachments, provisional seizures, arrests and all other writs or orders of every kind ordered to be issued by the parish court in session or in cham'bers; and to give official copies of all records or papers of any and every kind from the parish court, whether in ordinary or probate proceedings, as well as the issuance of all writs and orders in probate proceedings not required by law to be issued by the parish judge. For such services said clerk of the district court shall have such fees as are now or may hereafter be provided by law for such services, in both ordinary, probate and criminal cases or proceedings. And the clerk of the district court or his deputy shall always be in attendance on the parish court at all its terms and sittings, and be always ready out of term time to perform any of the services required of such clerk by the parish judge. The said clerks of the district courts of the several parishes shall keep in separate bound books, prepared for the |