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cancellation herein provided for, shall not exempt the officer himself, his executors, heirs or assigns from personal suit as in case of debt or damage, if brought before the period of prescription thereto applying in law.

SEC. 362. Whenever, according to the certificate of the secretary of State, opposition shall have been made, it shall be the duty of the governor, on the demand of either party, to refer the matter to any court of competent jurisdiction, that it may decide on their respective rights according to law. In the absence of such demand and reference, if the party opposing or stating cause fail to bring suit or cause, the same to be brought within the period of prescription applicable to claims in question, or to notify the secretary of State that he has so done, then the bond and mortgage shall be raised and annulled, notwithstanding the opposition or statement of cause previously filed or given.

its

SEC 2. Be it further enacted, etc., That this act shall have force and effect from and after passage, and all laws or parts of laws are hereby repealed, as far as so conflicting.]

Sec. 360. It shall be the duty of the governor to give notice

in French and English, by publication during thirty days con- Public notice secutively in the official paper, to all persons interested, to show to be given. cause in writing, at the office of the secretary of State, within ninety days from the last publication, why the bond and mortgage, for the canceling of which application was made, should not be by him raised and canceled.

D. Sec. 1599, 2422, 3728.

(Amended and re-enacted by No. 68. An Act to amend and re-enact sections 359, 360 and 361 of Revised Statutes, and to do away with unnecessary costs and expenses in the canceling

of official bonds. Approved March 26, 1873. (See section above.)

Sec. 361. Whenever after such notice any opposition shall Proceedings be made, it shall be the duty of the governor to refer the par- when opposities to any court of competent jurisdiction, that it may be de- tion is made. cided on their respective rights according to law.

D. Sec. 1600, 2423, 3729.

[Amended and re-enacted by No. 68. An Act to amend and re-enact sections 359, 360 and 361 of Revised Statutes, and to do away with unnecessary costs and expenses in the canceling

of oficial bonds. Approved March 26, 1873. (See section above.)

Bail authorized to give up

Sec. 362. In all civil suits instituted in any of the courts of this State, in which the defendant shall have been held to bail, defendant. the bail shall be authorized to deliver up the defendant in charge of his recognizance or bail bond at any time.

C. P. 230, 730; D. Sec. 88, 3734. Act 1855, p. 42.

dis

Mode of pro

Sec. 363. Whenever the bail of any defendant in any suit shall be desirous to deliver up the defendant, he shall apply to ceeding. the clerk of the court in which the suit may be pending for a cepi corpus, or certificate that the defendant has been delivered to him on bail, which certificate shall be a good and sufficient warrant to the bail, or any person duly authorized by him, to arrest the defendant wherever he may be found, for the purpose aforesaid.

C. P. 230-233; D. Sec. 89, 3734.

Sec. 364. Whenever any bail shall have arrested such defendant, he may produce his body and deliver him up to the court in which the suit may be pending, if in session, who shall commit him to the custody of the sheriff and cancel the bail bond; or if the court shall not be in session, the bail may tender the body of the defendant to the sheriff of the parish, together with his authority for delivering him up, which sheriff shall be bound to receive such defendant into his custody, to be dealt with in all respects as if he had never been bailed, and shall deliver to the bail his receipt for the body of the defendant, which

The

body of delivered in

defendant to

be

court or to the sheriff.

Punishment

bail from arresting de

fendant.

receipt shall entitle the bail to have his bond canceled, upon exhibiting the same to the court where the suit may be pending. C. P. 230-233; D. Sec. 90, 3734.

Sec. 365. Whoever shall forcibly oppose, obstruct or prevent any bail, or his agent duly appointed, from arresting any for preventing such defendant, or shall forcibly rescue, or attempt to rescue, him after he shall have been arrested, shall be liable, on conviction thereof, to all the pains and penalties that are by law prescribed for opposing, obstructing or preventing sheriffs from executing process, and shall moreover be liable to the bail for all damages he may sustain by reason of such forcible opposition, obstruction or rescue.

within thirty days.

C. P. 230, 233; D. Sec. 91, 866.

Sec. 366. It shall be the duty of the auditor, within thirty To give bond days after being officially informed of his election, to execute. and security and deliver to the governor his bond for ten thousand dollars ($10,000), payable to the governor of the State of Louisiana, and his successors in office, with not less than five good and sufficient securities, to be approved of by the governor, who shall be bound in solido. The condition of the bond shall be, that he will faithfully perform all the duties required, or that may be required of him by law. Should he fail to give such fice to be va- bond and security, within the time required, the office shall be considered vacant, and the governor shall immediately order a new election.

Otherwise of

cant.

Clerks of the to give bond.

supreme court

Bond to be

given by clerks of district courts.

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D. Sec. 173. Act 1855, p. 125.

Sec. 367. There shall be a clerk of the supreme court at the city of New Orleans, and one at each other place at which it may sit. They shall be appointed by the supreme court, and shall give bond and security as follows: the one at New Or leans, in the sum of ten thousand dollars, and the others in the sum of five thousand dollars each, conditioned for the faithful discharge of their duties. The bonds shall be accepted and approved by the supreme court.

D. Sec. 460, 1923. Act 1855, p. 54.

Sec. 368. Before entering upon the discharge of the duties of their office, clerks of district courts shall give bond in the sum of five thousand dollars, with at least two good securities, for the faithful discharge of their official duties; the securities thereon shall be approved by the judge of the court.

For the parish of Orleans, the bond shall be deposited and recorded in the office of the recorder of mortgages, and in other parishes, in the office of the parish recorder, as the conventional mortgage, and shall operate as a mortgage from the date of the registry, upon the real estate of the principal obligor therein. A certified copy of the same, with a certificate of registry, shall be transmitted to the auditor of public accounts.

D. Sec. 462, 2425, 2426.

Sec. 369. It shall be the duty of the clerks of the district

recorded in a

courts to record in a bound book, all bonds, particularly those Bonds to be given by tutors, administrators of successions, and curators, and book to be kept to record all oaths of tutors, appraisers, and other oaths of office pose by clerks required by law.

D. Sec. 469.

for that pur

of district

courts.

constable out

Sec. 370. Before entering on the discharge of their duties, oath of office constables shall take the oath prescribed by the constitution and bond of and laws, and give bond in the sum of five hundred dollars, side of New with security to be approved according to law.

D. Sec. 632. Act 1855, p. 318.

Sec. 371. Constables in the parish of Orleans shall give bond,

Orleans.

Orleans.

with one or more good and solvent sureties, in the sum of five Bond of conthousand dollars, conditioned for the faithful performance of stable in New their duties, and for the legal adjustment of all claims against them incurred in their official capacity, which bond may be sued upon by any person damaged in any way by the constables in the discharge of their official duties.

D. Sec. 643.

One coroner

ish except Or

ing election

Sec. 372. A coroner shall be elected in each parish by the qualified electors thereof, except in the parish of Orleans, in for each parwhich there shall be two coroners so elected, one to perform leans. the duties of coroner on the left bank, below the middle of Canal street, in the said parish, and the other to perform the duties of coroner on the left bank, above the middle of Canal, and also in that part of the parish known as Orleans, right bank; said coroners shall hold their offices for the term of two years respectively; an election for said coroners shall be held Time for holdon the first Monday of November, eighteen hundred and sev- for coroner. enty, and every two years thereafter; every coroner shall take the oath prescribed by the constitution and laws, and shall give bond and security according to law in the parish of Orleans, in the sum of twenty-five thousand dollars, and in the other parishes of the State, in the sum of two thousand dollars, for the due performance of the duties of his office. Should a vacancy occur subsequent to an election, it shall be filled by the governor, and the person so appointed shall continue in office until his successor shall be elected and qualified.

D. Sec. 649. Act 1868, p. 207.

Coroner's

bonds.

Sec. 373. No person, whose duty it is to receive or approve No bond to be the bond of any sheriff or tax collector, shall receive or approve received until any such bond until he has exhibited a commission from the commission is governor of the State.

Act 1855, p. 268.

exhibited.

Bonds of har

Sec. 374. Each of the harbor masters shall give bond, payable to the governor and his successors in office, with two or master. sureties, in the penal sum of twenty-five hundred dollars, conditioned for the faithful performance of the duties required of

him by law.

D. Sec. 1640, 1680. Act 1856, p. 206.

Bond of

Sec. 375. The recorder shall, before entering upon the discharge of his duties, take the oath prescribed by the constiturecorder. tion. He shall execute, before the clerk of the district court, his bond in favor of the State, in the sum of five thousand dollars, with two good and solvent securities, who shall be bound with him in solido, in order to secure the faithful performance of his duties.

Bond of col

parishes, ex

D. Sec. 3070. Act 1865, p. 140.

Sec. 376. The State collectors in all the parishes, except Orleans, shall, before commencing the discharge of their duties, lector in all the give bond and security according to law for their term of office, cept Orleans. in a sum which shall be one thousand dollars over the full amount of the taxes levied, according to the tax roll of their several parishes; Provided, That in none of said parishes shall the bond exceed twenty thousand dollars.

Provided.

Bond a lien.

Bonds of as collectors in

sessors and

Orleans.

D. Sec. 2413, 3239. Act 1869, p. 146.

Sec. 377. All bonds given by said collectors shall operate as a legal mortgage on all the real estate of each collector in favor of the State for the amount of their bonds, and shall be conditioned for the faithful performance of their duty and for the just and full payment into the State treasury of all sums of money that may come into their possession as collectors aforesaid.

C. C. 1395 (1432), 3311 (3279); D. Sec. 351, 379.

Sec. 378. The assessors and tax collectors for the city and parish of Orleans shall, before commencing the discharge of their duties, give bond and security according to law, for their term of office, in the following sums, to-wit: the assessors for the city in the sum of twenty thousand dollars; the assessors for the right bank, ten thousand dollars; the tax collector for the first district, fifty thousand dollars; for the second district, forty thousand dollars; for the third district, twenty thousand dollars; for the fourth district, twenty-five thousand dollars; for the right bank, ten thousand dollars.

D. Sec. 2415, 3244.

Sec. 379. All bonds given by said assessors and tax collectors shall operate as a legal mortgage on all the real estate of each of Bond a mort- said assessors and tax collectors in favor of the State for the

gage.

Failure to give

amount of their several bonds; and shall be conditioned for the faithful performance of their duties, as assessors or tax collectors, and for the just and full payment of all sums of money into the State treasury that may come into their possession as tax collectors aforesaid.

D. Sec. 351, 377, 3245.

Sec. 380. In case any State collector, assessor or tax collector shall fail, refuse, or neglect to give bond and security, as above bond vacates required, within thirty days after date of his appointment, his office shall be deemed vacant, and such vacancy shall be filled by the governor, by and with the advice and consent of the

office.

senate, if the senate be in session; if not, then the appointment to continue until the adjournment of the next meeting of the general assembly, or until his successor is appointed and qualified, but such an appointment shall not exonerate the assessor or collector failing to qualify from any liabilities incurred by him.

D. Sec. 3246.

Sec. 381. Every State collector, assessor and tax collector shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution and laws of this State, and file the same with the auditor of public ac

counts.

D. Sec. 223, 3247.

Oath of office.

recognize tax

assessors until

Sec. 382. The auditor of public accounts shall not recognize Auditor not to any State collector, assessor, or tax collector until his bond and collectors or oath of office are filed in the auditor's office, and his bond re- bond filed. corded in the mortgage office of the parish for which he is appointed.

D. Sec. 224, 3102, 3248.

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