purpose, three dockets for the parish courts: one for probate suits or cases, one for ordinary civil suits, and one for criminal cases cognizable in the parish courts. And at each term of the parish courts for the trial of all classes of causes of which such courts may have jurisdiction, the said clerks of the district courts of the respective parishes shall prepare, for the use of said courts, duplicate abstracts from such dockets of all causes undisposed of, with an abstract of all rules and orders made in each of said causes at any previous term of court. And at the term of the parish court at which probate causes only are to be tried, the said clerks shall prepare for the parish courts duplicate abstracts of all probate causes undisposed of, with an abstract of all rules and orders made at any previous term of the parish court. On the failure of the clerk to attend such parish courts, by himself or deputy as aforesaid, and to have such dockets and abstracts prepared and ready at the commencement of each term of court as is herein required, such clerk shall be subject to a fine of twenty-five dollars per day, or any fraction of a day, he may be so in delay, which fine -hall be entered on the minutes of the court and be collected by execution issued by the judge to the sheriff of said parish. The said clerks or their duputies, whilst in attendance on the parish courts as aforesaid, shall obey all legal orders of the parish judge; and a failure or refusal to obey or execute any legal order of the parish judge, in or out of term time, shall be held to be a contempt of court, and the judge may, for such contempt, fine such clerk or his deputy in the sum of One hundred dollars and imprisonment in jail not exceeding ten days for each offence, which fine or order of imprisonment, or both, shall be entered on the minutes of the court by the judge and shall be executed by the sheriff of such parish on the written order of the judge; and after the fine and written order of imprisonment provided by this section shall be entered on the minutes of the court, it shall not be legal. for the judge to remit the same or any part of them; and the parishr court shall not be entitled to a clerk of the parish court. This section or any provision in it shall not apply to any proceedings in cases of appeals from justices of the peace courts to parish courts. In all such cases the parish judge shall be his own clerk, and issue all such orders and writs of any kind pertaining thereto, and shall be entitled to all fees resulting therefrom, the same that are now fixed by law for clerks or may be hereafter so fixed. And provided further, that parish judges may perform the ceremony of marriage, but that all marriage Licenses shall be issued by the clerks of the district courts in their respective parishes. D. sec. 2020, 2207; Act 1869, p. 140. Provided tervention and SEC. 485. (Style of seal.) See D. 3474. C. P. 774; D. sec. 2021; Act 1868, p. 60. SEC. 486. (Neglect or refusal of clerks.) See D. 1089. SEC. 487. (Forfeiture of fees.) See D. 1090. D. sec. 1956, 3596. SEC. 488. (When clerks may take depositions.) See D. 614. SEC. 489. (Apply to the clerk.) See D. 615. D. sec. 2533. SEC. 490. (Objections to testimony.) See D. 616. D. sec. 2531. SEC. 491. (Depositions on trial.) See D. 617. D. sec. 2535. SEC. 492. (Clerks may compel attendance of witnesses.) See D. 618. SEC. 493. (Sheriff or constable shall serve subpoenas.) See D. 619. SEC. 494. (Fees.) See D. 759. D. sec. 620, 2538, 3599. SEC. 495. Clerks of the district courts throughout the State shall Petitions of in have power to receive and file petitions of intervention and third opthird opposition position, and refer the same to the judge to issue all necessary process therein. C. P. 389-394; Act 1867, p. 273. SEC. 496. (Execution on twelve months' bond.) See D. 3430. SEC. 497. (Certificates receivable in payment of parish tax.) See SEC. 499. (Bonds of officers.) See D. 351. D. sec. 2405-2412, 2764-2769, 3127-3133; Act 1868, p. 17; Act 1877. SEC. 500. (Duties of clerks. Fees.) See D. 2366. C. C. 3351; D. sec. 1100, 2362, 2369, 2335, 2391, 3867, 3869, 3872; 24 A. 191; Act 1859, p. 114. ASSESSMENT OF PROPERTY. SEC. 501. (Assessment of property.) See D. 3275. D. sec. 3600, 3098; Act 1869, p. 146; Act 1877, Ex. S., No 96. D. sec. 233, 3603; Act Ex. S. 1877, No. 96. SEC. 505. (Fees of sheriff and clerk.) See D. 3279. SEC. 506. (In case of failure to act, auditor may appoint.) See D. 3280. D. sec. 234. CLERKS OF THE SEVERAL DISTRICT COURTS IN SEC. 507. (Duties of clerks in New Orleans.) Repealed. be Act 1880, No. 39, 58, 106, 115, 130; Act 1855, p. 55; Act 1882, No. 43. SEC. 508. The clerks shall keep the following books, which shall always be open to inspection: A general docket, in which shall be Books to kept by them. briefly entered all the proceedings that take place in each cause from the filing of the petition or the issuing of any conservative writ, so as to make a complete synopsis of all the proceeding in a cause; a rule docket, in which shall be transcribed at length all the rules taken in every cause and the orders made on the rules; a double index of plaintiffs and defendants to the general docket, and an ordinary index to their rule docket. It shall be the duty of the clerks of the district courts to number all papers filed in any suit, under a penalty of fifty dollars, to be imposed by the court. SEC. 509. C. P. 775, 1045; D. sec. 466-469, 474-477: 4 R. R. 52. lator abolished. (Salary of clerk of first district court.) Repealed. SEC. 510. (Manner in which his salary shall be paid.) Repealed. SEC. 511. The office of translator of the first district court of the city of New Orleans is abolished, and the duty shall hereafter be per- Office of transformed by the clerk of the court, or, in case of his inability to perform that duty, by any competent person appointed by the court, to be paid, out of the fees or emoluments due the clerk, such sum as may be directed by the court according to the services rendered. C. P. 784; D. 1968, 2002, 2003, 2004. SEC. 512. (Notaries and clerks in the parish of Orleans appointed commissioners.) See D. 621. C. P. 424, 439, 467; D. sec. 488, 2539; 6 N. S. 280; 5 R. R. 17, 127; Act 1868, p. 114. CODE OF PRACTICE-AMENDMENTS. Its provisions to prevail. tice declared to of law. SEC. 513. The code of practice which the legislature has adopted and passed this session, under the title of "code of practice in civil cases for the State of Louisiana," shall be printed in the same number of copies and shall be promulgated in the same manner and at the same time as the civil code.* D. sec. 3990; Act 1824, p. 178. SEC. 514. In case the said code of practice should contain any provisions contrary or repugnant to those of the civil code, the latter shall be considered as virtually repealed or thereby amended in that respect. D. sec. 592, 3990. SEC. 515. (Repeal of former rules of proceeding and former laws.) See D. 2166, 2167. Act 1828, p. 160. SEC. 516. The code of practice, such as it has been sent to the sevCode of prac eral courts in this State in the year eighteen hundred and twenty-five, have the force shall be considered as having full force of law, though its provisions are not preceded by these usual words, "Be it enacted,” and it had been omitted to mention, at the end of said code, the names of the president of the senate, the speaker of the house of representatives, and of the governor who signed the same, and of the date when the said code was approved. Article one hun SEC. 517. (Article one hundred and five.) See D. 1200. C. P. 105; Act 1826, p. 166. SEC. 518. (Domicile.) See D. 1204. C. G. 38 (42); C. P. 162; D. sec. 725, 1202-1206, 2353, 3714, 3722, 3856; 23 A. R. 255; 24 A. R. 277, 295, 311, 513; Act 1801, p. 137. SEC. 519. Number five of article one hundred and sixty-five is redred and sixty- pealed, and suits for the recovery of the debts therein mentioned may be brought before any court of competent jurisdiction. five. Amicable demand. C. C. 2085 (2080); C. P. 129, 165; Act 1826, p. 168; Act 1870, No. 103, sec. 2. SEC. 520. When the defendant resides out of the State, or when the suit is commenced by arrest or attachment, an amicable demand shall in no case be necessary. C. P. 169; Act 1839, p. 162. The code of practice received legislative sanction on the twelfth April, 1824, and was. promulgated throughout the State on the second October, 1825. 2 La. 345; 11 ib. 517. SEC. 521. (Oyer.) See D. 2623. C. P. 175; D. sec. 2623, 2636; Act 1826, p. 161. SEC. 522. (Days of rest.) See D. 1114. C. P. 207, 237. 318: D. sec. 324, 1114, 3536; Act 1833, p. 44; Act 1870, p. 98; Act 1872, No. 42. SEC. 523. (Article two hundred and eleven.) See D. 94. C. P. 211, 1037; D. sec. 2321; Act 1826, p. 163. SEC. 524. Articles two hundred and twelve and two hundred and C. P. 212. 214; D. sec. 7, 93, 96, 532, 534; 23 A. R. 165; 24 A. R. 330; writs issued be. tion. SEC. 525. In all cases where attachments, arrests and sequestrations are demandable, the plaintiff, his agent or attorney, having made Conservatory affidavit and given bond in conformity to law, and having filed the fore filing petisame in court, it shall be the duty of the judge to order, forthwith the process required, without any petition being then presented; but the usual petition shall be filed on the day succeeding that on which the process shall have issued, except in cases where a day of public rest shall be the succeeding day, then on the day next succeeding such day of public rest; and the sheriff shall proceed immediately to execute process according to its tenor. C. P. 237, 276; D. sec. 101, 3536; Act 1828, p. 150. SEC. 526. The affidavit required by the two hundred and fourteenth article of the code of practice may be written either at the foot of plaintiff's petition or annexed to said petition. C. P. 214; D. sec. 95; 24 A. R. 330; Act 1828, p. 150. SEC. 527. (Article two hundred and fourteen.) See D. 93. SEC. 528. In all cases where by any provision of the code an oath of a party is required, it may, in case of the absence of said party, be made by his agent or attorney; and in such case it shall be sufficient for the agent or attorney to swear to the best of his knowledge and belief. C. P. 216, 217; D. sec. 3, 98, 130, 2567; Act 1839, p. 168. SEC. 529. The oath required by articles two hundred and sixteen and two hundred and seventeen may be taken before any judge or Art. 214. Oath by agent. |