Costs in

certain cases, how paid.

Accusations pending at the time of adjournment,

accusation shall be brought, should resign his office pending the inquest which shall have been ordered by the house, he shall be bound to pay all the costs which shall have been incurred until that time, to be recovered in the manner provided by section 1743.

Sec. 1745. All accusations pending before the legislature at the time of their adjournment, shall be prosecuted and continhow disposed ued by the next legislature.

of.

junctions.

Sec. 1746. The district judges shall have authority to administer oaths; to grant, at chambers, all orders relating to sur- District judge renders by insolvent debtors, and the appointment and adminis- to grant intration of syndics; orders of arrest, attachment, sequestration, provisional seizure and injunction, and all orders relating thereto; writs of habeas corpus, orders of seizure and sale on executory process, orders for commissions to take testimony; and generally all orders not required by law to be granted in open court, in cases of which they have jurisdiction.

D. Sec. 1936. Act 1855, p. 491.

to grant

Sec. 1747. The several parish judges shall have the power, in the absence of the district judge from the several parishes, or Parish judges when he is interested, to act in cases before the district court injunctions in in granting orders of arrest, attachment, sequestrations, provis- absence of the ional seizures and orders of seizure and sale; to issue writs of possession and distringas; to grant orders setting aside sequestrations, and fixing the amount of the bonds therefor; to grant injunctions in all cases where it is legal to do so; to grant appeals and fix the amount of bonds thereof when the same is not fixed by law; to issue commissions to take testimony of witnesses residing out of the parish, and to appoint a commissioner to execute the same; and to fix the return day thereof; and to appoint tutors or curators ad hoc in all cases; and parish judges are empowered to grant these orders or writs when application is made to them in proper form according to the laws of this

State therefor, and when the party or his attorney makes oath that the district judge is absent from the parish, or that, being interested, he is unable to give the orders.

D. Sec. 2027. Act 1868, p. 12.

Sec. 1748. When the sale of specific property is enjoined by Bond to be re- the defendant or any third party, the bond shall be for an amount one-half over and above the estimated value thereof, as certified to by the officer making the seizure.

quired by

them.

D. Sec. 1752. Act 1855, p. 324.

Sec. 1749. Injunctions may be granted on the application of any purchaser, whose property is seized for the payment of the in which in- price of a thing sold to him, whenever suit has been instituted against him for the recovery of the property.

Certain cases

junctions may be granted.

Cases in which injunctions

may be granted.

Certain cases in which injunctions can

C. P. 298, § 9.

Sec. 1750. Injunctions may be granted in all cases to stay execution when payment is alleged to have been made after judgment rendered, when compensation is pleaded against the judgment, or where the sheriff is proceeding on the execution contrary to some provision of law, upon the petitioners making affidavit of the facts alleged, in order to obtain the injunction, and upon complying with the requisites prescribed by law. C. C. 2208; C. P. 298, § 10.

Sec. 1751. No judgment or execution shall be enjoined on an allegation of compensation, set-off, or subsequent payment, not be granted except for the amount of such sum plead in compensation, setfor the whole off, or payment, as shall be established by the defendant, according to law. And such judgment for any surplus that may exist, shall be executed in all respects, as if no such injunction had been granted.

amount of

judgment.

Bond to be

der preceding section.

Sec. 1752. Whenever an injunction is granted in any case furnished un- provided in the preceding section, it shall be the duty of the judge to require from the person claiming such injunction, a bond and security in double the amount of the sum alleged to have been paid, conditioned for the payment of damages, in case the injunction shall have been wrongfully sued out.

Bond to be fur

D. Sec. 1748.

Sec. 1753. It shall be the duty of the several clerks of the nished before district courts, before they issue any writ of injunction, to take injunction can from the party requiring the same a bond, with one or more good securities, in the amount fixed by the judge granting the order, conditioned as the law requires.

which may be

rendered against princi

C. P. 301; D. Sec. 463.

Sec. 1754. On the trial of injunctions, the surety on the Judgment bond shall be considered as a party plaintiff in the suit; and in case the injunction be dissolved, the court, in the same judg pal and surety. ment, shall condemn the plaintiff and surety, jointly and sever ally, to pay to the defendants interest at the rate of eight per cent. per annum, on the amount of the judgment, and not more than twenty per cent. as damages, unless damages to a greater

amount be proved; and the sureties in such cases shall not be allowed to avail themselves of the plea of discussion.

C. P. 304; D. Sec. 3735.

a third person

Sec. 1755. If a third person shall obtain an injunction to arrest the execution of a judgment between other parties, and Damages when it shall be dissolved, the plaintiff in injunction and his security enjoins. shall stand in the same situation and be subject to all the responsibilities and penalties imposed by the preceding section on the plaintiff and his security; and a similar judgment may be given against them on the dissolution of the injunction.

D. Sec. 3735; Act 1871, No. 4, § 3.

sale of proper

in certain

Sec. 1756. In case of refusal or neglect of property owners to pay their taxes, the tax collector shall, after twenty days' Seizure and written notice in any city or corporate town, and thirty days' in ty by collector any parish, to the owner of the property assessed, his agent or cases. attorney in fact, seize and sell any property, real or personal, rights or credits, belonging to such defaulting tax payer without process of court, and all costs of such seizure and sale shall be borne by the defaulting tax payer; and all courts are prohibited and restrained from enjoining or otherwise interfering with State collectors in the discharge of their duties, in collecting licenses or taxes under this law.

D. Sec. 249, 3295, 3460. Act 1869, p. 146.

third district

Sec. 1757. The third district court for the parish of Or- cConcurrent leans shall have equal and concurrent jurisdiction with the jurisdiction of fourth, fifth, sixth and seventh district courts for the parish court. of Orleans, in all suits, matters and proceedings in which a judgment in money is not demanded.

D. Sec. 2005. Act 1869, p. 145.

risdiction of

Sec. 1758. The said third district court shall have exclusive jurisdiction and authority to restrain and enjoin seizures Exclusive jumade under orders issued by justices of the peace for said par- third district ish, whether the same are made under mesne process or execu- court. tion, when the value of the property seized exceeds one hundred

dollars.

D. Sec. 2006.

Sec. 1759. So much of the article three hundred and four as makes it the duty of the judge to take security in cases of in- Repeal. junctions, or in any other case in which judges are required to take securities in cases of injunctions, is repealed.

C. P. 304; D. Sec. 544. Act 1838, p. 150, § 3.

Sec. 1760. There shall be established in the town of Jackson, Insane asylum parish of East Feliciana, an asylum for the insane, to be called created. the "Insane asylum of the State of Louisiana."

Board of

Act 1855, p. 453.

Sec. 1761. The governor, by and with the advice and conadministrators sent of the senate, shall appoint five persons, who shall constithe governor tute a board of administrators under the name and style of the "Board of administrators of the insane asylum of the State of

appointed by

for the term of two years.