collect whatever debts, claims or rights it may have, and to pay the debts of said corporation and finally liquidate the same.

1507. [Sec. 2.] Said receiver shall give bond in such sum as the judge may fix, and he shall administer the affairs of said corporation as promptly as possible.

Right to Foreclose Not Affected by Receivership.

1508. [Sec. 1, Act 25, 1902, p. 33.] Creditors holding special mortgages containing the pactum de non alienando, shall not lose their rights of executory process upon the property of their debtor by reason of the appointment of a receiver, in whose custody and care the property may be for liquidation, but in such cases the right shall continue and be exercised against the receiver, and, when the receiver shall have been appointed after the seizure under executory process, it shall be continued against him.

This act does not apply to foreclosures via ordinaria, Bd. of Missions vs. Craighead, 130 La. 1076.

Proceeds of foreclosure cannot be turned over to receiver for distribution, 'Bank vs. Powell, 128 La. 1004.

Foreclosure Proceedings Not Affected by Receivership.

1509. [Sec. 2.] In all cases when executory process has issued and a receiver has been thereafter appointed the sale under the first process shall be affected the same as if no receiver had been appointed.

COSTS AND FEES.

WHOLE STATE.

Suits for Fees May Be Tried by Jury.

1510. [R. S. 747.] In any suit or proceeding where a fee or compensation is involved, it shall be allowed to either party to pray for a trial by jury, whether the fee or compensation be claimed from an insolvent estate or a succession, whether by way of opposition or otherwise.

Sheriff's Fees to Be Endorsed on Process.

1511. [R. S. 748.] The sheriffs throughout the State shall, whenever they return a paper or process into court, or the clerk's office, indorse thereon the specified items of fees claimed by them

that may have accrued on the process or paper; and in default thereof, or if such fees are overcharged, the same shall be forfeited, and the sheriff forever barred from collecting the item of fees so omitted or overcharged. (Amd. Sec. 4, Act 101, 1870, p. 165.)

Retiring Sheriff or Clerk.

1512. [R. S. 749.] Whenever a clerk or sheriff shall retire from office, he shall cause to be filed in the case and with the proceedings in which he may be entitled to costs, within thirty days, specific bills of their fees, and in default thereof, or if any item should be overcharged, the whole of the costs in the case in which the overcharge is made shall be forfeited, and such clerk or sheriff forever barred from collecting the same, and in the event of the death of the clerk or sheriff, his legal representative must have this requirement attended to on pain of the forfeiture herein stipulated, and he shall be responsible to the estate for any loss resulting from such neglect or forfeiture. (Amd. Sec. 5, Act 101, 1870, p. 165.)

Taxable Costs.

1513. [R. S. 750.] The cost of the clerk, sheriff, witnesses' fees, cost of taking depositions and copies of acts used on the trial and all other costs which the court may legally allow in any case shall be taxed as costs. (Amd. Sec. 5, Act 101, 1870, p. 165.)

Defendant in Suit of State.

1514. [Sec. 2, Act 65, 1884, p. 88.] The defendant shall not be required to give security for costs, or to advance costs in any case in which suit is brought by the State.

Interpreter.

1515. [R. S. 1968.] When an interpreter may be deemed necessary by the judge, he shall receive the sum of two dollars for each suit in which he may be called on to act, to be taxed with the cost.

Clerk's Costs to Be Endorsed on Writ.

1516. [Sec. 6, Act 101, 1870, p. 165.] The clerk of the court shall endorse upon or annex to all writs of execution and orders of seizure issued by him, specific bills of cost.

Bill for Fees to Be Itemized.

1517. [Sec. 9.] No person shall be bound to pay any costs or fees until the officer claiming the same shall deliver to the person against whom the fees may be charged, an explicit fee bill, stating in detail the separate items of such fees, signed with the officer's name in full officially, and on payment the officer shall be bound to give a receipt on said fee bill, if so required; that the amount required to be deposited on filing the suit, by the provisions of this act, shall be credited by the clerk and sheriff on their bills of costs in the case, and for the overplus, if any, execution shall issue when it becomes necessary to issue execution therefor.

Appraisers' Fees for Inventory.

1518. [Act 33, 1870, p. 66.] The fees allowed to experts and appraisers appointed by the court of probate jurisdiction to assist in taking inventories of succession are hereby fixed at, and shall not exceed in any case, the sum of four dollars for each expert or appraiser for each vacation held in taking said inventory.

Experts.

1519. [Act 19, 1884, p. 25.] Witnesses called to testify in court only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required.

Egan vs. Hotel, 129 La. 163; Stern vs. Lanng, 106 La. 738.

A witness called on to give opinion evidence as to divisibility vel non of property involved in a partition suit is not an "expert," Southon vs. Laws, 132 La. 207.

Premium Paid to Surety Company.

1520. [Act 76, 1900, p. 127.] Any executor, administrator, curator, tutor, liquidator, receiver, syndic, or other similar officer appointed or confirmed by any court of the State of Louisiana, who is required to give a bond, shall be entitled to charge among the expenses of his administration the premium paid to any regularly incorporated surety company authorized to do business in this State, for the bond so given, provided that the amount of said premium shall not exceed (1-2) one-half of one per centum upon the amount of the said bond.

Fees for Recordation of Marks and Brands.

1521. [R. S. 773.] The recorder shall be entitled to demand and receive twenty-five cents for each and every brand and mark, or brand or mark alone, when one only is used; and whenever the certificate of the recorder is required, he shall be entitled to demand and receive twenty-five cents for the same.

So far as the country parishes are concerned, it seems that this section has been repealed by Sec. 6, Act 203, 1898, p. 491; and, as to New Orleans, by Sec. 18, Act 136, 1880, p. 194.

Vessel Under Seizure Not Liable for Costs of Subsequent Writ.

1522. [R. S. 779.] In all cases before any justice of the peace of the State, where a writ or order of provisional seizure, attachment, sequestration, or final seizure, has been issued, under which any vessel, steamer, or other water craft, is being placed in the hands of any constable, the said vessel, steamer, or other water craft, shall not be subject to any other costs than those accrued on the first writ so issued; and any other writ or order of provisional seizure, attachment, or final seizure, shall be levied on the first writ or order in the hands of the said constable without any other costs whatever.

Keeper's Fees.

1523. [R. S. 780.] So long as any vessel, steamer, or other water craft, shall remain in the hands of the constable, the court shall not allow costs for more than one or two keepers, if the case require it, and the costs of said keeping, in case of the dissolution of the writ or order under which the vessel, steamer, or water craft, was seized, shall be borne in proportion by the parties having wrongfully prayed for the same.

SMALL SUCCESSIONS.

Attorney for Absent Heirs.

1524. [Sec. 4, Act 153, 1900, p. 235.] [In all successions which do not amount to over five hundred dollars in value] The fee of the attorney appointed to represent heirs shall not exceed five per cent on the amount of the gross assets of the estate, unless special services resulting in special benefit to the absent heirs are proven to have been rendered. (Amd. Act 70, 1906, p. 109.)

Advertisements.

1525. [Sec. 5.] The cost of the publication of the monitions for application and tableau of administration and adver

tisements of sale of said property shall not exceed, except in the parish of Orleans, the sum of ten dollars.

Court Costs; Fee of Administrator.

1526. [Sec. 8.] All court costs in these proceedings, except the commission of the administrator, are hereby fixed at one-half the court costs in similar proceedings in larger successions, and it is hereby made the duty of the district judge to rigidly enforce the provisions of this Act. The commission of the administrator shall be five per cent on the amount of the gross assets of the estate. (Amd. Act 70, 1906, p. 109.)

Sending Into Possession.

1527. [Sec. 9.] The costs of the clerk of court where the parties are sent in possession by ex parte judgment of court shall not exceed the sum of five dollars for each case.

Jurors' Fees.

EXPROPRIATION SUITS.

1528. [Sec. 1, Act 101, 1908, p. 159.] In all expropriation by private corporations for rights of way and other purposes, the fees of the jurors drawn and summoned to serve therein shall form part and be taxed as costs in said suit as in all other civil

cases.

1529. [Sec. 2.] Said jurors shall be entitled to demand and receive two dollars per day and five cents per mile for the distance necessary and actually traveled.

1530. [Sec. 3.] The plaintiff in said proceedings shall deposit in cash with the Clerk of the Court the necessary amount to pay said jurors, which amount shall be estimated by and required paid by the Clerk before filing the suit. In default of the Clerk requiring said cash payment he shall be liable for the payment of said fees.

Curator ad Hoc Fee.

ATTACHMENT.

1531. [R. S. Sec. 129.] Advocates appointed by the Judge to represent absent defendants, in cases of attachments, shall be entitled to the sum of ten dollars as a fee, to be taxed as costs, which, upon application and proof to the court, may be increased in proportion to the services rendered.