Bond for Attachment.

1200. [Art. 1118.]

The creditor shall moreover deliver to the Justice his bond in favor of the defendant for a sum equal to that which he claims, with one good and sufficient surety, to answer such damage as the defendant may sustain in case the attachment should prove to be improperly obtained. (Amd. Act 27, 1882, p. 42.)

State ex rel. Rocchi vs. Judge, 45 A. 532.

Sequestration.

1201. [Art. 1124.] Justices of the Peace shall have authority to issue writs of sequestration in the following cases:

1. If a claim be made for a specific object or any movable of a value within his jurisdiction.

2. Where the plaintiff has a lien or privilege on property of a value within his jurisdiction.

3. In all cases within his jurisdiction when one party fears that the other will conceal, part with, or dispose of the movable in his possession during the pendency of the suit.

Provided, a plaintiff wishing to obtain an order of sequestration in any one of the cases above provided, must annex to the petition in which he prays for such an order, an affidavit setting forth the cause for which he claims such order; he must, besides, execute his obligation in favor of the defendant for such sum as the Justice of the Peace shall determine, with the surety of one good and solvent person, residing within the jurisdiction of the Court, to be responsible for such damages as the defendant may sustain, in case such sequestration shall have been wrongfully obtained. (Amd. Act 2, 1894, p. 3.)

Plaintiff May Bond Sequestration.

1202. [R. S. 2091.] For actions of sequestration before the justices [Parish of Orleans], whenever the defendant shail fail or neglect to execute his bond in favor of the constables, with one good and solvent security, for whatever amount the justices may determine, as being equal to the value of the property to be left in his possession, within three days after the notice of the seizure by the constable, it shall then be lawful for the plaintiff, his agent or attorney, to give similar bond or security to the constable as that required by law from the defendant, and take the property sequestered into his possession.

Return Day of Appeal.

1203. [Art. 1128.] Appeals from the judgments rendered by Justices of the Peace in civil matters throughout the State, the Parish of Orleans excepted, shall be allowed irrespective of the amount in dispute, and shall be made returnable to the Appellate Court within ten (10) days after service of the citation of appeal if the appellee reside in the place where the judgment was rendered, or if not then allowing one (1) day additional for every ten (10) miles between the place of rendering the judgment and that of the appellee's residence. (Amd. Act 226, 1908, p. 343.)

Bain vs. Oliphant, 124 La. 583.

1204. [R. S. 2093.] All appeals from judgments of the justices of the peace [Parish of Orleans] returnable to the Third District Court, shall be made within ten days after the bond of appeal shall be filed in the office of said justice of the peace.

State ex rel. Solari vs. Judge, 40 A. 793.

Delay for Appealing.

1205. [Art. 1131.] No appeal from a judgment before a Justice of the Peace shall stay execution unless the said appeal be taken within ten days after the judgment, if it has been pronounced in the presence of the parties, or when the party cast was present, or represented by counsel at the trial, or within ten days after the notification of it, if it has been rendered on default of one of the parties, provided that no notification shall be necessary if personal service was had on the defendant, and in case of appeal, the appellant shall execute his bond in favor of the appellee with one good and sufficient surety, residing in the ward for a sum exceeding by one-half times the amount for which the judgment was given, conditioned that he shall pay such sum as shall be awarded against him on appeal. Judgment shall not be final until action by the court upon any motion for a new trial, which may have been made within the time now authorized by law or rules of the court. (Amd. Act 214, 1914, p. 410.)

Cohen vs. Otis, 127 La. 6; Simonton vs. Mitchel, 113 La. 921; Meyer vs. Vasquez, 129 La. 632.

Devolutive Appeal from Justice of the Peace.

1206. [Art. 1132.] If the appellant will not or cannot give security as provided for in Article 1131 of this Code, the

Justice of the Peace shall allow him to appeal, if he executes his bond in the appellees' favor, with one good and sufficient security, in a sum to be fixed by the said Justice of the Peace, sufficient to pay costs; but in this case the appeal shall not stay execution. (Amd. Act 46, 1910, p. 71.)

Citation of Appeal.

1207. [Art. 1134.] The Justice of the Peace after receiving the appeal bond and security of the appellant shall issue a citation to the appellee directing him to appear before the appellate court on or before the day on which the appeal has been made returnable, provided that when the judgment is rendered and the order of appeal is granted in the presence of the parties or their attorneys, no citation of appeal shall be required. (Amd. Act 226, 1908, p. 343.)

Transcripts of Appeal.

1208. [Art. 1135.] The Justice of the Peace shall transmit to the office of the Clerk of the appellate Court on or before the return day an exact copy certified to by him of all the proceedings had in the case, and of his judgment, together with the statement of fact if any has been agreed on by the parties, and of the original citation issued to the appellee, together with the return thereon. (Amd. Act 226, 1908, p. 343.)

Failure of justice to transmit transcript before return day is not an abandonment of the appeal by appellant, Abraham vs. Wallenberg, 130 La.

1096.

Seizure by Constable.

1209. [Art. 1142.] In all cases where the constable seizes movable property under process from the magistrate's court, he shall either keep actual possession of the property seized or shall appoint a keeper to take care of it, and the possession of such keeper shall be that of the constable appointing him.

The charges for keeping said property under seizure in any case shall not exceed fifty (50c) cents per day for the whole seizure. (Amd. Act 19, 1896, p. 17.)

COMMISSIONERS TO TAKE TESTIMONY AND OF DEEDS. OUT OF THE STATE.

Louisiana Commissioners.

1210.

[R. S. 596.] The Governor of the State is authorized to appoint one or more persons of known integrity and

learning as commissioners for each one of the States and Territories of the Union, who shall reside therein.

Powers and Duties.

1211. [R. S. 597.] It shall be their duty to take depositions in virtue of any commission that may be directed to them by the courts of this State. They are also authorized and empowered to take the acknowledgment and proof of any deed, mortgage or conveyance of any lands, tenements or real property, lying and being in the State of Louisiana, and to take the acknowledgment and proof of the execution of any instrument of writing for the sale, transfer or assignment of any property, movable or immovable, and of rights and debts, and also of any power of attorney, or other writing to be used or proved in this State, before any court or public officer, and to administer an oath or affirmation for like purposes to any person desirous to make the same.

May administer oaths, Tunstall vs. Madison Parish, 30 A. 477.

1212. [R. S. 598.] The commissioners are authorized and empowered to authenticate and attest the signature, official capacity and official acts of any judge, justice of the peace, or other public officer holding a commission or acting under the authority of the State or Territory in which he shall reside, and for which he shall have been appointed.

1213. [R. S. 599.] The power and authority of the commissioner, except in taking testimony under a commission, shall extend only to cases in which the party or person making the acknowledgment or proof, oath or affirmation, shall reside within the State or Territory in which the commissioner resides, and for which he has been appointed.

1214. [R. S. 600.] The commissioners in executing commissions shall conform in all respects to the legislation of this State in reference thereto, and shall sign every verbal process of deposition taken by them, and affix thereto their seal of office, bearing the impress of their names, official capacity, and the name of the State or Territory within the jurisdiction of which they shall be authorized to act.

Presumption as to genuineness of seal, Tunstall vs. Madison Parish, 30 A. 471.

Must Deposit Signature and Seal.

1215. [R. S. 601.] The duplicate original of the signature and seal of office of each commissioner appointed in the different States and Territories of the Union shall be deposited in the office of the Secretary of State of Louisiana.

Who May Acknowledge Instruments.

1216. [Act 164, 1898, p. 321.] Every deed, conveyance, mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument whatsoever, and every oath or affirmation, made or taken in any foreign country, before any ambassador, minister, charge d'affaires, secretary of legation, consul general, consul, vice consul or commercial agent, and every acknowledgment, attestation or authentication of any of said instruments, oaths or affirmations made by any of said officers under their official seals and signatures, shall have the full force and effect of an authentic act executed in this State; and it shall not be necessary that the officer be assisted by two witnesses, as in the case of a notary executing an authentic act in this State, but the attestation, seal and signature of the officer shall of themselves be sufficient; nor shall it be necessary that the person appearing before the officer to execute any of said instruments or to take any oath or affirmation, be a resident of the place where the officer is located. Whenever any such original deed or other instrument or any such original oath or affirmation has been deposited in the office of a notary in this State such notary is authorized to make copies of the same, which shall have the same force and effect as copies of authentic acts executed in this State. Werner vs. Marx, 113 La. 1002; Jerman vs. Tenneas, 44 A. 620; Sucn. Wedderburn, 1 R. 263.

An American consul is without authority to certify to copies of such documents as must themselves be offered in evidence, Williams vs. Ins. Co., 15 A. 651.

Powers of Louisiana Commissioners.

1217. [Sec. 1, Act 117, 1894, p. 156.] Any Commissioner for the State of Louisiana, for any one of the States or Territories of the Union shall within the State or Territory for which he is appointed, have all the powers of a notary public, whether the party or person making any acknowledgment, proof, oath, affirmation, or passing any act before him reside within such State or Territory or not.