injured seriously by his conduct, and praying that he shall be required to give new security. C. C. 3059 (3028), 3069; D. Sec. 1473, 3716, 3737, 3858. Act 1859, p. 174. istration, prin furnish new Sec. 17. On due proof being made of maladministration by on proof made such administrator, executor, curator or tutor thus cited, the of maladmincourt shall require him to give a new bond, with other sufficient cipal bound to security for the faithful administration of the said estate, and bond; otherupon failure to do so, within three days after such order, he wise another administrator, shall be forthwith removed from the administration thereof, and etc., appointed in his place. the judge shall proceed at once to the appointment of another administrator, executor, curator or tutor, who shall be required to give security in manner and form as now required by law, and this being done, the former securities on the bond shall be Release of the released from all liability for any maladministration of such ad- it takes place. ministrator, executor, curator or tutor, from and after the execution of the new bonds with security as aforesaid. C. C. 1158 (1149), 3070; D. Sec. 1474, 3717, 3738, 3859. sureties when tor's sales, by Sec. 18. All sales of property of succession, of property belonging to minors, or in which minors are interested, of property of interdicted persons and property surrendered, made pursuant Extra session. to an order or decree of any court of this State, may be made Administra either by the sheriff or by an auctioneer of the parish or city in whom made. which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale, to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, or the syndic of the insolvent, as the case may be. C. C. 1171; D. Sec. 1171, 1475, 2701, 3397, 3702, 3860. Act 1865, p. 20. Sec. 19. No suit shall be instituted against any security on Suits against any appeal bond, nor on the bond of any administrator, tutor, sureties of adcurator, executor, or syndic, until the necessary steps shall have when instibeen taken to enforce payment against the principal. C. C. 3051 (3020); D. Sec. 1476, 2354, 3715, 3724, 3857. Act 1866, p. 42. ministrators— tuted. ADVERTISEMENT. SECTION. Designation of the official journals, 20 Title of suit to be inserted, All parochial and judicial printing and advertising to be made in IN NEW ORLEANS. SECTION. 24 Compensation for advertisements, the official journals. Sec. 20. In any of the parishes of this State other than Designation of the parish of Orleans, the governor, lieutenant governor, and speaker of the house of representatives, or a majority of them, shall select and contract with journals published in such parishes to publish either the laws of the State, or the journals of the general assembly, or both, as may be deemed necessary and proper, and also be and hereby are empowered to designate certain journals to perform and publish the parochial and judicial printing and advertising of the parishes respectively in which such journals may be published. In case no paper is published in any parish of this State, such publication may be authorized to be made in a paper published nearest thereto. Such selection and contract shall be for the same period prescribed by the second section of this act. Each paper so contracted with shall be advertising to the official journal of the parish wherein it shall be published, and all parochial and judicial printing and advertising for or in said parish shall be done by and published in said journal, and after such selection and contract, and notice thereof to the police jury, clerk of court and sheriff of said parish, every publication and advertisement in any other paper than the one so selected shall, during the term of such selection and contract, be null and void for any legal purpose. All parochial and judicial printing and be made in them. Compensation C. P. 668, 669; D. Sec. 3000, 3435, 3718. Act 1868, p. 8. Sec. 21. For all matter published in the official journal in obedience to the provisions of this act, the State printer shall be for advertise- allowed one dollar per square for each insertion. A square shall consist of the space of ten lines solid agate. ments. Sec. 22. It shall be the duty of the sheriff or other officer making the advertisement, to publish it in the English language ments in only, except when the defendant in the judicial process, or the Advertiseperson directing the sale, shall request it to be published in the French and French language, also, except in the parishes of St. Landry, English. Calcasieu, Lafayette, Vermilion, St. Martin, St. Mary, St. Bernard, West Baton Rouge, St. Charles, Lafourche, Avoyelles, Natchitoches, Plaquemines, St. James, Assumption, Ascension, Terrebonne, Point Coupée, Iberville and St. John the Baptist, in which parishes they shall be published in both the English and French languages. C. P. 668. Act. 1855, p. 80. Sec. 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 Publication in insertions shall be as valid when made in supplements to news- to a paper papers, as if the same had been made in the newspaper sheets. C. P. 668, 669. Act 1855, p. 80. a supplement valid. Sec. 24. In all advertisements of sales of property under Title of suit to execution, the sheriff shall be bound to insert the title of the be inserted. suit in which the writ is issued. C. P. 668. Act 1860, p. 168, § 14. IN NEW ORLEANS. Sec. 25. In addition to the other duties herein imposed upon the State printer, he shall be required to publish in his official journal all judicial advertisements required by law to be published in the parish of Orleans, including sheriffs' and constables' Parochial and sales, notices of elections, succession notices, and all proceed- vertisements. ings and orders of any court that may be ordered published in said parish, whether in the English or French language, or both; also all municipal advertisements of every description whatsoever of the corporation of the city of New Orleans, whether the same may be authorized by a law of the State, an ordinance of the common council, or by any officer or department of the city government; and any such publication or advertisement, whether parochial or municipal, shall be utterly null and void, unless so published in the official journal; Provided, That ad- Proviso. vertisements in the city of New Orleans may be published in one or more additional papers, whenever, in the opinion of the common council, the public interest may demand such additional publication. And the sheriff of the parish of Orleans is hereby authorized to insert notices of elections in one or more papers in addition to the official journal. D. Sec. 2996. Act 1868, p. 8. dering Sec. 26. The State printer shall render once in each month, to the auditor of public accounts, a detailed statement of all the Manner of renprinting and advertising done for the State, for either house of coung.acthe general assembly, or any officer or department of the State government, and the said auditor shall examine the same, and, if he find it to be correct, shall audit the said account, and draw Municipal printing. his warrant on the State treasurer for the payment of the same. It shall be the duty of the State printer, upon the payment of the printer's fee, to file in the clerk's office of the court having jurisdiction, his affidavit, with a copy of any judicial advertisement ordered by said court to be published appended, together with his receipt for the payment of the printer's fees, paid by the party at whose instance or for whose benefit such advertisements shall have been made, to be collected as other costs, which affidavits shall give the dates of the paper in which the advertisements appeared, and be filed and recorded by the clerk as the legal evidence of the publication of the same, to be read, or a certified copy thereof, in all courts of law or equity; and no other evidence of such publication shall be required or allowed. The State printer shall render once in each month to the controller of New Orleans a detailed statement of all advertising done for the corporation of New Orleans, or any department or officer thereof; and it shall be the duty of the said controller to examine the same, and if found correct he shall immediately give his warrant on the city treasurer in payment; and it shall not be necessary for any other officer or department of the city government to examine or approve said account. D. Sec. 2997. Sec. 27. It shall be the duty of the State printer to perform all printing of every description for which the city of New Orleans may be chargeable, at the rates fixed by section twenty-two of this act, and he shall be paid therefor in the manner prescribed in the preceding section for the payment for municipal advertisements. D. Sec. 2998. |