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PUBLIC ADMINISTRATOR FOR THE PARISH

When May Act.

OF ORLEANS.

35. [Sec. 1, Act 87, 1870, p. 120.] The Governor of the State of Louisiana shall appoint a suitable person to be known as Public Administrator for the Parish of Orleans. The Public Administrator for the Parish of Orleans shall be appointed curator or administrator of all vacant estates. He shall also be appointed administrator of all intestate successions when there is no surviving husband or wife or heir present or represented in the State, who is qualified to assume and who claims the right to assume the duties of said office. He shall also be authorized to appear in court for and on behalf of the State of Louisiana to assert her claim as heir, to any estate in which the State may be interested. (Amd. Act 68, 1910, p. 112.)

Is an officer of the State, Wilson vs. Wiltz, 32 A. 691; not a negotiorum gestor, Gale vs. O'Connor, 43 A. 717.

When may and when may not be appointed, Sucn. Barry, 47 A. 838; Sucn. White, 45 A. 635; Sucn. Withers, 45 A. 564; Sucn. Saloy, 44 A 435; Hobson vs Peake, 44 A. 383; Sucn. Smith, 40 A. 105; Sucn. Burnside, 34 A. 731; Sucn. Miller, 27 A. 574; Sucn. Longuefosse, 34 A. 583; Sucn. Dietrich, 32 A. 129; Sucn. Henry, 31 A. 555; Sucn. Daigle, 27 A. 524; Sucn. Winn, 26 A. 162.

Duties, Sucn. Taylor, 23 A. 22; Sucn. Supple, 23 A. 24; also Sucn. Oberly, 28 A. 820.

When May Be Appointed in Testate Succession.

36. [Sec. 3.] In all testate successions in the parish of Orleans, where from any cause the executor can not discharge the duties of his office, the judges shall appoint the Public Administrator of the parish dative testamentary executor, when there is no surviving husband or wife or heir present or represented in the State who is qualified to assume and who claims the right to assume the duties of the said office. (Amd. Sec. 3, Act 74, 1877, E. S., p. 111.)

Sucn. Bossu, 115 La. 13; Sucn. Withers, 45 A. 564. Vacant Estate.

37.

[Sec. 4.] All vacant successoins shall be administered by the Public Administrator of the parish in which the deceased died, until the heirs present themselves and are recognized by the court and put in possession, and if no heirs present themselves within one year, the fund resulting from said estates shall be paid into the treasury of the State.

Bond.

38. [Sec. 5.] Before entering upon the duties of his office, the said Public Administrator shall file with the Governor a bond with good and solvent security, to be by him approved, for the faithful discharge of his duties, which bond shall be for the benefit of, and may be sued upon by any party interested, upon any estate which he may administer. Said bond shall be in the sum of fifty thousand $50,000) dollars, and this amount may be increased from time to time on the application of any creditor on showing the same to be necessary.

Term of Office.

39. [Sec. 6.] The Public Administrator shall hold his office for the term of four years, and until his successor shall be appointed and duly qualified.

Fees.

40.

[Sec. 7.] He shall receive as compensation 22 per cent. on the inventory of estates administered by him, and 21⁄2 per cent. on all collections, and all necessary expenses in looking after and preserving the property of estates. (Amd. Sec. 4, Act 74, 1877, E. S., p. 111.)

Sucn. Bougere, 30 A. 424; State ex rel. Wilson vs. Parker, 30 A. 1182. Powers and Duties.

41. [Sec. 8.] In all other respects not inconsistent with this act, he shall have the same powers and duties now possessed by administrators under existing laws.

Administration of Uncalled For Dividends.

42. [Sec. 4, Act 111, 1874, p. 162.] In all cases when it shall appear that dividends of money or of scrips or deposits, or drafts, bills of exchange, certificates of deposit or otherwise, have remained uncalled for for a period of seven years or more, and such dividends or scrip, or interest of scrip or drafts, bills of exchange, certificates of deposit or otherwise, have remained uncalled for during a period of seven years or more, and such dividends or scrip, or interest of scrip, drafts, bills of exchange, certificates of deposit or otherwise, shall stand in the names of persons who are absent and unrepresented, and have not been heard from within the period of seven years, the public administrator shall proceed to administer upon the same in the manner now provided by law for the administration of vacant estates.

Public Administrator Cases Preference.

43. [Sec. 5.] All legal proceedings instituted by the public administrator under this and other acts shall be tried by preference in the district courts and in the Supreme Court.

ADVERTISEMENTS.

WHOLE STATE.

May Be in Afternoon Newspaper.

[Act 167, 1914, p. 286.] All sales by public auction or otherwise, of movable or immovable property, required by law or order of any court in this State, to be advertised in a newspaper, published either in the morning or afternoon, provided that when such advertisement is placed in a newspaper published and issued in the afternoon it shall be a legal and valid advertisement if the last advertisement shall appear in the issue of said afternoon newspaper on the day immediately preceding the day of sale.

May Be in Supplements.

45. [R. S. 23.] In all cases when it is required by law that orders, notices or advertisements of any kind, by any public officer, shall be inserted in public newspapers, such publications and insertions shall be as valid when made in supplements to newspapers, as if the same had been made in the newspaper sheets.

Title of Suit to Be in Advertisement.

46. [R. S. 24.] In all advertisements of sales of property under execution, the sheriff shall be bound to insert the title of the suit in which the writ is issued.

When There Are More Than One Newspaper in Parish.

47. [Sec. 17, Act 49, 1877, p. 67.] Where there are two or more newspapers published in the parish, the defendant or party invested by law with the direction of the proceedings shall have the right of selecting the newspaper in which the advertisement is to be made, if applied for within three days after notice of such proceedings, or the seizure made under the process;

should the defendant neglect to select, the plaintiff shall have the right to do so; and, should neither plaintiff nor defendant select, nor the party invested by law with the direction of the proceedings, the sheriff, constable, clerk or other officer charged by law with the carrying out of the proceedings, shall select.

Defendant must exercise right of selection before advertisement appears, Soulier vs. Sheriff, 37 A. 162.

Cost of Advertisements.

48. [Sec. 18.] The costs of such advertisement shall not exceed, in parishes containing no city of a population of more than fifty thousand, one dollar per square, or fraction thereof, for the first insertion, and fifty cents for each subsequent insertion.

One square to consist of the space of one hundred words, solid matter. If such newspaper refuses to publish at the rate herein specified, the advertisements shall be published in the manner above provided for in cases where there are no newspapers. (Amd. Act 82, 1900, p. 131, and Act 270, 1914, p. 539.)

There can be but one first insertion, and a charge for alternate first in sections is not sustained by law, Sucn. Von Hoven, 48 A. 620.

49. [Act 270, 1914, p. 539.] The agate line to be the unit or basis of measurement and charges for all advertisements in judicial proceedings or any other legal proceedings in all parishes containing a city or cities of over fifty thousand population and that such printing shall not be let at a charge of over seven cents per agate line for eac hinsertion.

ORLEANS EXCEPTED.

50. [Sec. 16, Act 49, 1877, p. 67.] In all parishes of the State outside the parish of Orleans, where advertisements are required to be made in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceeding of whatsoever kind, they shall be published in an English newspaper printed in the parish in which the proceedings are carried on; and if there be no newspaper published in the parish, the advertisements shall be made by posting them at or near the front door of the courthouse, or the place used as such, and at two other public places in different parts of the parish; provided, that as regards judicial and legel advertisements under publication when this act becomes operative, the previous sections of this act shall not affect the same, but it shall be legal to continue the advertisements in the paper in which they are being published,

or in any other daily newspaper published in English in said parish for the balance of the time during which such advertisements should respectively have to be continued to complete the same according to law.

PARISH OF ORLEANS.

51. [Sec. 15, Act 49, 1877, p. 66.] In the parish of Orleans, where advertisements are required to be in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceeding of whatever kind, they shall be published in a daily newspaper published in the English language, and which shall so have been published as a daily paper for at least one year prior to the insertion of said advertisement or publication; said newspaper to be selected by the defendant or party charged with the conduct of the proceedings; provided, the defendant shall make the selection within three days of the service of notice of seizure or process on him; should the defendant neglect to select, the plaintiff shall have the right to do so; and should neither plaintiff nor defendant select, nor the party invested by law with the direction of the proceedings, then the sheriff, constable, clerk or other officer, as the case may be, shall select; the newspaper so selected shall publish said advertisement in a conspicuous manner, each and every advertisement to be in the column or columns and all under a prominent title in capitals, to-wit: Judicial Advertisements. Should there be no newspaper published in said parish as aforesaid, said advertisement may be posted as now provided by existing laws.

52. [Act 104, 1878, p. 157.] Judicial advertisements shall be made by publication in a daily paper on three different days before the expiration of the term fixed by law, if the term be of ten days; and for those advertisements for which the term of thirty days is fixed, it suffices if they are published in a daily paper once a week during that term.

The advertisement of a tax sale in the last week of the thirty days must be published before the day fixed for the sale, Buckinham vs. Negrotto, 116 La. 737.

A judicial sale may be advertised on Sunday, Schenck vs. Schenck, 52 A. 2102.

The advertisement need not be inserted the same day of the week each week, any day of the seven will do, In re City, 52 A. 1073; Hansen vs. Sheriff, 52 A. 1565.

If during the thirty days the newspaper discontinues publication the advertisement does not have to begin anew or the sale be stopped, Etie vs. Cade, 4 La. 383.

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