1826-172. Art. 720.

1823-174.

1826-174. Art. 721.

1840-131. Art. 729.

1846-166.

Arts. 746 and 747

1847-55. Art. 770.

1826-174. Art. 959.

1860-126. Art. 969.

1868-120. Art. 990

the thing seized shall be adjudged to the highest and last bidder for whatever it will bring, on twelve months' credit, according to the terms mentioned in article six hundred and eighty-one.

SEC. 579. The following words in article seven hundred and twenty, to wit: "After the advertisements directed above, but with modifications contained in the following article," are repealed.

It shall be the duty of the clerk who issues the execution according to the provisions of article seven hundred and twenty, to indorse thereon, that the same issued on a twelve months' bond and that the property to be seized, under the same, shall be sold for whatever it will bring in cash; and it shall be the duty of the sheriff to execute the same by seizing the property of the principal or security, or both, and to sell the same for whatever it will bring in cash, after making the advertisement required by law.

SEC. 580. The article seven hundred and twenty-one is repealed.
SEC. 581. The writ of capias ad satisfaciendum is abolished.

SEC. 582. So much of articles seven hundred and forty-six and seven hundred and forty-seven, as authorizes a creditor having obtained a judgment in another State of the Union, or in a foreign country, to proceed by executory process on the judgment, is repealed.

SEC. 583. Article seven hundred and seventy shall read as follows: "When the sheriff causes property to be appraised, which has been seized or distrained by him, the sheriff, or any judge or justice of the peace may administer the oath to the appraisers; but the sheriff shall receive no fee or compensation for the administration of the oath; nor shall he administer an oath in any other case than the one now mentioned, or in such others as the law shall make provision for."

SEC. 584. The English text of article nine hundred and fifty-nine shall correspond with the French part, by substituting the word above," to the word "under," in the first line in the article.

SEC. 585. Article nine hundred and sixty-nine of the Code of Practice and article eleven hundred and nine of the Civil Code of this State, are hereby repealed and abrogated.

SEC. 586. Article nine hundred and ninety of the Code of Practice be and the same is hereby amended and re-enacted, so as to read as follows: It shall be the duty of the several judges of probate, on the application of the creditors or any creditor of a vacant estate, to cause, on the requisite advertisement being made, so much of the property of the said estate as is necessary to pay the debts of the same which may be due, to be offered for sale, and sold at public auction to the highest bidder for cash, if the creditors require it, and if on thus offering said property for sale, the appraised value should not be bid and obtained, then the same, in not less than fifteen nor more than twenty-five days from the time it is thus offered, be sold at public auction, and, after public advertisement, to the highest bidder, for what it will bring on a credit of twelve months; Provided, however, That in all sales of effects belonging to successions, minors, or interdicted persons, on a credit, the purchaser shall give a twelve months' bond with good security, to be approved by the representative of the estate, miuor or interdicted person, and a mortgage retained on the property sold; if it be mortgaged property, the bond to be duly recorded so as to operate a mortgage, such bond to have force and effect as twelve months'

bonds taken in sales under writs of fieri facias, and the collection of such twelve months' bonds shall be enforced in the same manner as twelve months' bonds taken in accordance with articles seven hundred and nineteen and seven hundred and twenty of the Code of Practice, upon execution issued upon such twelve months' bond by the clerk of the court which issued the order for sale of the property, and such clerks are hereby authorized and required to issue such executions on the demand of any person having the legal right to control such bond.

Art. 999.

SEC. 587. The nine hundred and ninety-ninth article shall be so amended as to authorize a married woman, who is a minor, to sue 1828-154. and be sued, even in the case provided for by the said article; provided, she acts under the authority and with the consent of her husband, though himself a minor; and, in such case, it shall not be necessary to appoint to her a curator ad litem.

SEC. 588. Article one thousand and sixty-eight shall be amended 1826-174. by striking out the words "or the right of imposing a tax or toll" Art. 1068. which exist in the article.

1135 and 1136.

SEC. 589. Articles eleven hundred and twenty-nine, eleven hundred and thirty, eleven hundred and thirty-six, and so much of 1828-158. article eleven hundred and thirty-five as relates to the statement of Arts. 112, 1134, facts to be made by a justice of the peace, are repealed; in future, all appeals from judgments rendered by justices of the peace shall be tried de novo, except the parties mutually agree before the justice of the peace to send up the appeal upon a statement of facts which they shall make.

1852.

SEC. 590. Article one thousand one hundred and thirty-eight Art. 1138. shall be amended so as to read as follows:

Whenever the appellate court reverses the judgment, it shall render such a one as the justice of the peace should have rendered, and sentence the party failing on the appeal to pay costs; and the appellate court may, in its discretion, sentence the party appealing to pay not more than ten per cent. as damages on the amount of the judgment appealed from, over and above any interest the judgment may bear, if it shall appear that the appeal was frivolous or taken for delay.

Art. 1143.

SEC. 591. From and after the passage of this act, all sales directed to be made by constables under article 1143 of the Code 1860-119. of Practice, shall be made at the office of justices of the peace who issued the writ under which said property was seized, except towns in which sales shall be made at the place where the sheriff is in the habit of making sales of property under execution; Provided, That in all cases the defendant shall have the right to have the sale made at his own place of residence within said parish; and provided, this act shall not be applicable to the parish of Orleans.

SEC. 592. In case the Code of Practice should contain any 1824-178. provisions contrary or repugnant to those of the Civil Code, the Art. 1159. provisions of the former shall prevail.

1869-62.

of land by United States

SEC. 593. An act of Congress of the United States, approved July second, A. D. eighteen hundred and sixty-two, entitled "An

Accepting grant Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," and the grant of land and land scrip thereby made, be and the same is hereby accepted on the part of the State of Louisiana.

for benefit of colleges.

on conditions

SEC. 594. The said grant of land and land scrip hereby accepted Grant accepted for the purposes and upon the conditions in said act of Congress specified, and the assent of the State of Louisiana to the several conditions and provisions in said act contained is hereby signified and expressed.

specified.

to receive laid scrip.

SEC. 595. The Governor of the State, together with the Chief Commissiones Justice of the Supreme Court and a commissioner to be duly appointed by them, are hereby appointed commissioners to receive from the Secretary of the Interior, or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of Congress aforesaid, and to sell and dispose of the same, and upon said sale being made by said commissioners, they are authorized to appoint one person to assign said land scrip in accordance with the rules of the Department of the Interior.

COMMISSIONERS TO TAKE TESTIMONY IN AND OUT OF THE STATE,
AND ACKNOWLEDGMENT OF DEEDS, ETC.

1855-44.

SEC. 596. The Governor of the State is anthorized to appoint one A commissioner or more persons of known integrity and learning as commissioners for each State to for each one of the States and Territories of the Union, who shall be appointed by reside therein.

the Governor.

SEC. 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 Their powers State. They are also authorized and empowered to take the and duties. 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.

SEC. 598. The commissioners are authorized and empowered to

authenticate and attest the signature, official capacity and official To authenticate acts of any judge, justice of the peace, or other public officer acter and acts holding a commission or acting under the authority of the State or of officers. Territory in which he shall reside, and for which he shall have been appointed.

SEC. 599. The power and authority of the commissioner, except

in taking testimony under a commission, shall extend only to cases Limitation of in which the party or person making the acknowledgment or their powers. proof, oath or affirmation, shall reside within the State or Territory

in which the commissioner resides, and for which he has been

appointed.

conform to the

State.

SEC. 600. The commissioners in executing commissions shall conform in all respects to the legislation of this State in reference In executing thereto, and shall sign every verbal process of deposition taken by commissions, to them, and affix thereto their seal of office, bearing the impress of laws of this their names, official capacity, and the name of the State or Territory within the jurisdiction of which they shall be authorized to act. Duplicates of SEC. 601. The duplicate original of the signature and seal of office the signatures of each commissioner appointed in the different States and Terri- and seal to be tories of the Union shall be deposited in the office of the Secretary the Secretary of of State of Louisiana.

deposited with

State.

SEC. 602. All American Ministers, Chargés d'Affaires, Consuls General, Consuls, Vice Consuls and Commercial Agents, in any Certain officers foreign country, are authorized to act as commissioners under this authorized to act, and empowered to use their respective seals of office instead sioners. of the commissioner's seal hereinbefore described.

act as commis

Acknowledg

ment before commissioners

SEC. 603. Every acknowledgment or proof of any deed, conveyance, mortgage, sale, transfer or assignment, oath or affirmation, taken or made before a Commissioner, Minister, Chargé d'Affaires, to be authentic Consul General, Consul, Vice Consul, or Commercial Agent, and every attestation or authentication made by them, when duly certified as above provided, shall have the force and effect of an authentic act executed in this State.

evidence.

Attendance of

enforced.

SEC. 604. Whenever it shall be necessary to take the deposition of witnesses in this State under commission from any other State or witnesses, how Territory, to be used as evidence in suits depending therein, it shall be lawful for any justice of the peace within this State, on the application to that effect made by the commissioner of such State or Territory, to use, if necessary, the same compulsory process to cause witnesses to appear and depose as in cases arising under the jurisdiction of any of the courts of this State.

1826-172-11.

SEC. 605. Article four hundred and thirty-six shall be so amended that it shall be sufficient for a party wishing to take the testimony of witnesses residing out of the State to apply for the same to any judge having jurisdiction of the cause, and not in open court, and from witnesses it shall be sufficient simply to swear to the materiality of the

Art. 436, C. P. Mode of obtaining testimony

out of the State.

1828-152-7.

Art. 426, C. P. Service of notice on opposite party.

1839-168-17,

C. P.

Rule to show cause, how

taken.

1843-14-1. Art. 352, C. P.

Time of filing answer to interrogatories.

1828-152-8. Art. 425, C. P. To whom directed,

testimony.

SEC. 606. In all cases where a party to a suit is required to submit the interrogatories to be put to witnesses whose testimony is to be taken under commission, it shall be the duty of the party submitting the same to have them served on the adverse party, or his counsel, three days previous to having them forwarded."

SEC. 607. Commissions to take testimony may issue at any time after the service of petition and citation; whenever a commission to take testimony shall have been returned, the party intending to use the depositions taken under the same, may, on filing them in the clerk's office, file a notice or take a rule, which must be served on the opposite party or his counsel, to show cause why the same should not be used as evidence in the cause; whereupon the party on whom the rule is taken shall be bound to urge any objections, if any he have, to the admission in evidence of the depositions founded on any irregularity in the execution of the commission; and if he fail so to do before the cause is called up to trial on its merits, all such objections shall be considered as waived; Provided, That no objections to the deposition, except such as are founded on irregularity in executing the commission, shall be decided on in such rule.

SEC. 608. Article three hundred and fifty-two is repealed, and in lieu thereof, the following article is substituted: "In all cases where a party interrogated resides out of the parish where the suit is pending, and whether within or without the State, it shall be his duty to file his answer to the interrogatories propounded to him within such period as shall be fixed by the court, on the motion of the party interrogating; notice of which order, fixing the delay, together with a copy of the interrogatories propounded, shall be served on the attorney representing the party interrogated; Provided, That when the party interrogated resides out of the parish, his answers shall be taken by commission."

IN THE STATE.

SEC. 609. In any case where commissions are obtained to take depositions of witnesses in civil matters, as mentioned in the four hundred and twenty-fifth article, the commissions may be directed