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COMMUNITY OF ACQUETS AND GAINS.

Property ac

resident mar

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Sec. 627. All property hereafter acquired in this State by quired by non- non-resident married persons, whether the title thereto be in the ried persons to name of either the husband or wife, or in their joint names, shall community of be subject to the same provisions of law which now regulate the community of acquets and gains between citizens of this State.

belong to the

acquets and gains.

The surviving

husband or

wife to have

C. C. 2400; D. Sec. 1709, 8706. Act 1852, p. 200, § 1.

Sec. 628. In all cases hereafter, when either husband or wife shall die, leaving no ascendants, or descendants, and without havthe usufruct of ing disposed by last will and testament, of his or her share in the community property, such share shall be held by the survivor in usufruct during his or her natural life.

the community in certain

cases.

husband or

C. C. 915; D. Sec. 1710, 8707. Act 1844, p. 99, § 1.

Sec. 629. In all cases when the predeceased husband or wife The surviving shall have left issue of the marriage with the survivor, and shall not have disposed by last will and testament, of his or her share the communi- in the community property, the survivor shall hold in usufruct,

wife to have

the usufruct of

ty in certain

cases.

Provided.

during his or her natural life, so much of the share of the deceased in said community property as may be inherited by such issue; Provided, however, That such usufruct shall cease whenever the survivor shall enter into a second marriage.

C. C. 916; D. Sec. 1711, 8708. Act 1844, p. 99, § 2

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Sec. 630. The State of Louisiana is divided into five Congres- Congressional sional Districts, and the qualified electors of each district shall districts. choose one representative to Congress, as follows:

The First Congressional District shall comprise all that portion

of the parish of Orleans on the right bank of the Mississippi river, First district.. and so much of said parish on the left bank of said river as is below and east of Canal street, in the city of New Orleans, comprising the Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Representative Districts of the parish of Orleans and the parishes of St. Bernard, Plaquemines, St. Tammany, Washington, St. Helena, Livingston and Tangipahoa.

The Second Congressional District shall comprise all that portion of the parish of Orleans on the left bank of the Mississippi second disriver above and west of Canal street, in the city of New Orleans, trict. comprising the First, Second, Third and Tenth Representative Districts of the parish of Orleans, and the parishes of Jefferson, St. Charles, St. John the Baptist, St. James, Lafourche and Terrebonne.

The Third Congressional District shall comprise the parishes

of St. Mary, St. Martin, Iberia, Assumption, Ascension, Vermil- Third district. ion, Calcasieu, Lafayette, St. Landry, Iberville, East Feliciana

East Baton Rouge and West Baton Rouge.

The Fourth Congressional District shall comprise the parishes Fourth disof West Feliciana, Pointe Coupée, Avoyelles, Rapides, Sabine, trict. Natchitoches, DeSoto, Caddo, Bossier, Winn and Grant.

The Fifth Congressional District shall comprise the parishes of

Claiborne, Bienville, Jackson, Union, Morehouse, Carroll, Oua- Fifth district. chita, Madison, Caldwell, Franklin, Tensas, Catahoula, Concordia

and Richland.

D. Sec. 1408, 1409, 1410, 1574, 1575, 1576. Act 1868, p. 46. Act 1874, p. 116, No. 68.

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Constables to

be elected for two years. Election,

when held.

THE PARISH OF ORLEANS EXCEPTED.

Sec. 631. At the general election in November, one constable shall be elected for each justice of the peace, for the term of two years, by the qualified electors of the justice's ward. He shall reside in the ward for which he shall have been elected.

C. P. 1157. Act 1855, p. 812.

Sec. 632. Before entering on the discharge of their duties, Oath of office they shall take the oath prescribed by the constitution and laws, and give bond in the sum of five hundred dollars, with security, to be approved according to law.

and bond.

Power of constables to act throughout the parish.

be made.

C. P. 1157; D. Sec. 870.

Sec. 633. They shall have authority to act throughout the extent of their respective parishes.

C. P. 1160.

Sec. 634. From and after the passage of this act, all sales diSales, when to rected to be made by constables under article one thousand one hundred and forty-three of the Code of Practice, shall be made at the office of the justice 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 Provided. 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.

C. P. 1143; D. Sec. 591, 8406. Act 1860, p. 118.

made by con

Sec. 635. It shall be their duty to return forthwith every process to them directed, together with their proceedings thereon, to Returns to be the justice issuing the same, except writs of fieri facias, which stables. shall be returned within thirty days from the date thereof.

C. P. 1147. Act 1855, p. 319.

praising and

Sec. 636. All property seized under execution by constables Manner of apshall be appraised and sold in the same manner as property seized selling propand sold under execution by sheriffs.

C. P. 1145.

erty.

Justice au

Sec. 637. The justices of this State, without the limits of New Orleans, shall have power to appoint constables pro tempore, thorized to apwhenever there shall be no such officer elected for their respective bles pro tem. districts, in the manner directed by law.

D. Sec. 2051. Act 1855, p. 479.

point consta

Sec. 638. 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, Vessels, etc.. only liable for shall not be subject to any other costs than those accrued on the first writ, first writs so issued; and any other writ or order of provisional where more seizure, attachment or final seizure, shall be levied on the first than one writ writ or order in the hands of the said constable without any other against them. costs whatever.

C. P. 289; D. Sec. 542, 779, 2914. Act 1858, p. 171.

costs under the

has issued

Sec. 639. So long as any vessel, steamer, or other water-craft shall remain in the hands of the constable, the court shall not Relative to allow costs for more than one or two keepers, if the case require keepers. it, and the costs of said keeping, in the 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.

D. Sec. 780.

Power of all

the constables

Sec. 640. All the constables in the different parishes of the State shall have the power to seize and sell movable and immov- in the parishes property, under writs of justices of the peace, the same as the sheriffs may do.

able

C. P. 648-655, 1144. Act 1864, p. 18.

of the State.

how served

Sec. 641. Whenever the sheriff and coroner of any parish shall be interested in any suit or other legal process, or when Legal process, there shall be no sheriff and coroner in office in any parish, or the when sheriffs sheriff or coroner shall be disqualified by law, from interest or are interested.

and coroners

the parish of

otherwise, from serving any legal process, it shall be served by any regular constable of the parish, or by any officer appointed by the court; and such constable or officer shall have in such suit all the powers, receive all the emoluments, and be liable to all the responsibilities of the sheriff.

D. Sec. 676, 1939, 3556. Act 1855, p. 491.

CONSTABLES FOR THE PARISH OF ORLEANS.

Sec. 642. There shall be one constable for each justice's court Constables in in the parish of Orleans, who shall hold his office for the term of Orleans, their two years. He shall be elected by the qualified voters residing within the sectional limits within which each justice is required to hold his court.

number and how elected.

Bond.

C. P. 1156. Act 1855, p. 110.

Sec. 643. They shall give bond with one or more good and solvent sureties, in the sum of five thousand dollars, conditioned for the faithful performance of their duties, and for the legal adjustment of all claims against them, incurred in their official сарасity, 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. 371.

Sec. 644. They shall serve and execute all process to them diTheir duties. rected by the justice of the peace, and shall attend the courts held by them to keep order therein.

Powers.

May appoint deputies.

mandable.

Sec. 645. They shall have power to seize and sell movable and immovable property, rights and credits, in the same manner as sheriffs may do.

Sec. 646. Each constable shall have the right of appointing as many deputies as may be necessary, for whose acts he shall be responsible. The deputies, before entering on their duties, shall take the oath required by the constitution and laws.

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Sec. 647. Three months after the institution of any suit, they Fees, when de- may demand their fees from the plaintiff, or party by whom they are due, and, upon failure to pay, the justice may, after proof has been adduced of the correctness of the account contradictorily with the party against whom the motion is made, issue a fieri facias in favor of the constable; but nothing herein contained shall be so construed as to prevent any constable from collecting How collected. his fees from the defendant at any time, after judgment against such defendant.

ed.

Sec. 648. It shall be their duty to pay over or deliver to the To pay over all parties entitled to the same, all money, bonds or obligations, which money collect- they hold in their official capacity, on the first demand; and in case of neglect or refusal to comply, the party aggrieved may proceed by motion against the constable and his sureties, of which reasonable notice shall be given; and if it appear that the constable has neglected or refused to pay over any funds, or deliver How proceed- any bonds or obligations in his possession to the party entitled failure to do to the same, without any legal cause, the justice shall render judgment in solido against such constable and his sureties.

ed against on

80.

D. Sec. 3725.

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