parish for which such officer was elected or appointed, such bond Securities. shall be approved by the parish recorder, the clerk of the court and the president of the police jury of the parish in which such securities reside.

may act in

In either of the above cases, if either the parish recorder, clerk of the court, or president of the police jury should be Parish judge absent from the parish or unable to act, then the parish judge of place of rethe parish in which the security may reside, or the judge of the corder or clerk. district court of the district in which such security may reside, shall act in place of such absent officer.

D. Sec. 351, 499, 2406, 2407, 2765, 2766.

reside in the

Sec. 3129. When the securities on any such bonds reside in the city of New Orleans, such bonds shall be approved by the When sureties recorder of the district where the security resides, and the re- city of New corder of mortgages of the parish of Orleans; and in that part Orleans, of the parish of Orleans lying on the right bank of the Mississippi river, by the justice of the peace for that district and three members of the police jury, to be designated by the president thereof; said bonds in all cases to be executed within thirty days from the date of the commission and before entering into the discharge of the duties of the office.

D. Sec. 351, 499, 2408, 2767.

be residents of

Sec. 3130. All such persons required to give bonds as State Sureties must or parish officers, as above provided for, shall be required to the State. furnish security residing in some parish in the State.

D. Sec. 351, 499, 2409, 2768.

registered.

Sec. 3131. All such bonds shall be authenticated by the attestation of two witnesses and the signature of the recorder of Bonds to be the parish in which the securities reside, and shall be marked witnessed and in a separate book kept for that purpose, and also be registered in the mortgage book of judicial mortgages of the parish where the officer giving the bond exercises his office.

D. Sec. 351, 499, 2410, 2769.

ate as a mort

Sec. 3132. Bonds when registered as above provided shall operate from and after the date of the registry as a mortgage Bonds to operupon all the real estate of the principal obligor therein, in the gage. parish where he exercises his office. The bonds of all State officers to be made payable to the governor of the State, and those of the parish officers to the president of the police jury of the parish.

D. Sec. 351, 499, 2411, 2769.

process in en

Sec. 3133. If it becomes necessary to enforce the collection of any of the bonds that may be taken under and in pursuance Jurisdiction of of this act, and the securities reside out of the parish in which forcing collecthe officer exercises the duties of his office, the court of the tion of bonds. parish in which the bond was given shall have jurisdiction over the securities, it matters not in what parish they may reside. Each and every security on any of the bonds provided in this act shall make oath that he has property over and above his

Bond to remain on file,

liabilities sufficient to respond to the amount for which he obligates himself in said bond.

D. Sec. 351, 499, 2412, 2769.

Sec. 3134. All bonds so taken shall remain on file in the copy to be fur- office of the recorder or justice of the peace, and a copy duly certified shall always be admissible in evidence.

nished and

transmitted to auditor.

It shall be the duty of the recorder or justice of the peace to transmit to the auditor of public accounts certified copies of al bonds of State officers taken by them, with a certificate of reg istry in the mortgage records, within three months after their execution, under penalty of five hundred dollars, to be recovered on motion of the district attorney.

The recorder or justice of the peace shall be entitled to charge Fees of record- for each bond, taken as aforesaid, one dollar, and for each certier and justice of the peace. fied copy thereof the same amount and no more, to be paid by the obligor.

er to keep a book for re

Act 1885, p. 81,

Sec. 3135. It shall be the duty of the recorders of the sevParish record- eral parishes of this State to keep a book for the purpose of recording therein the brands and marks of animals, and upon coring marks the request of any person, owning cattle or other animals in his parish, to inscribe in the book the brands and marks used by such person.

and

Duty of re

corder to noti

Act 1855, p. 39.

Sec. 3136. It shall be his duty, in case there shall be the same brands or marks belonging to different persons, to give fy persons hav- notice to them immediately of the date of the recording of each, and the person whose brand or mark shall have been first recorded shall have the right to the same without alteration.

ing brands alike.

Recorder's fees.

Bonds of adetc., not to be

ministrators,

registered.

Dispensing

Sec. 3137. The recorder shall be entitled to demand and receive twenty-five cents for each and every brand and mark, or brand or mark alone, when only one is used; and whenever a certificate of the recorder is required, he shall be entitled to demand and receive twenty-five cents for the same.

These provisions shall not be so construed as in any manner to interfere with the central office for the recording of marks and brands for certain parishes, heretofore established at Vermilionville, in the parish of Lafayette.

Sec. 3138. Hereafter no notary, parish recorder, or register of mortgages, in making a certificate of mortgage, shall mention in his certificate, the fact of registration of the bond of any administrator, curator of vacant successions, or of absent heirs. The proper construction of the article one thousand one hundred and twenty-four not giving to such bonds, when registered, the force of a mortgage.

C. C. 1124; D. Sec. 429, 2424, 3687. Act 1884, p. 113.

Sec. 3139. The parties to a notarial act may, by written clause in the act, dispense with the certificate of mortgage reof mortgage. quired by article three thousand three hundred and twenty

with certificate

eight of the Civil Code, and the notary or parish recorder shall not in such case be entitled to charge for such certificate.

C. C. 3328; D. Sec. 449, 2394, 2514. Act 1845, p. 55, § 4.

of mortgages.

Sec. 3140. Article three thousand three hundred and thirtythree is hereby amended so that the rule requiring the reinscrip- Reinscription tion of mortgages, at the expiration of ten years from date of their registry, shall not apply to the mortgages which have been or may be given by the stockholders of the various property banks of this State.

C. C. 3333; D. Sec. 450, 727, 2340, 2399. Act 1842, p. 232.

Sec. 3141. Article three thousand three hundred and thirtythree of the Civil Code shall be so amended that it shall be the Cancellation of mortgages. duty of the recorder of mortgages, or person acting as such, to cancel and erase, on the simple application in writing to that effect, by the owner, creditor of the owner, or other party interested, all inscriptions of mortgages which have existed, or may exist on their record for a period exceeding ten years, without a renewal of such inscription; Provided, however, That this section shall not apply to mortgages, against husbands for the dotal and other claims of their wives, to mortgages against tutors and curators, in favor of minors, interdicted or absent persons, nor to mortgages in favor of the property banks.

D. Sec. 450, 727, 2340, 2399. Act 1843, p. 52.

not applicable

cases.

Sec. 3142. The reinscription of mortgages required by article three thousand three hundred and thirty-three of the Civil Code, Reinscription shall not apply to mortgages now recorded, or which may here- to certain after be given and recorded in favor of the commissioners of the Poydras legacy, out of the funds bequeathed by the late Julien Poydras to the indigent girls of the parishes of West Baton Rouge and Pointe Coupée.

Act 1853, p. 159.

rics and re

Sec. 3143. Every notary public, recorder of mortgages, and Fees of notaparish recorder acting as notary public or recorder of mortgages, corders. in this State, shall be entitled to demand and receive the following fees of office, and no more, to wit:

For writing original acts of any kind, including recording the same, for every hundred words, twenty-five cents.

For every necessary seal and certificate to every notarial act, seventy-five cents.

For making copies of all official documents, ten cents for every hundred words.

For seal and certificate to any copy, fifty cents.

For proving up an act under private signature, fifty cents. For recording an act under private signature, ten cents for every hundred words.

For certificate of record and seal to an act under private signature, fifty cents.

For recording acts under private signature, which have been

When to issue marriage li

cense.

be released

upon present

ry's certificate.

proved up otherwise than before the parish recorder or notary, ten cents for every hundred words.

For certificate of mortgage with seal, one dollar, and for every
hundred words after the first four hundred, twenty cents.
For canceling a mortgage, one dollar.

For fixing seal on effects of intestates, two dollars.
For removing the same, with proces verbal, one dollar.
For swearing each appraiser or expert, twenty-five cents.
D. Sec. 770. Act 1855, p. 162.

Sec. 3144. Whenever the clerk shall be a party to a marriage, the license shall be issued by the parish recorder.

Act 1855, p. 310.

Sec. 3145. Hereafter the recorder of mortgages for the parish Mortgages to of Orleans, and the parish recorders of the several parishes of the State, are authorized and required to cancel from their recation of nota- ords any mortgages for which a release may have been granted by an authentic act, upon the mere presentation of the certifi cate of the notary public before whom such act was executed, or of his successor in office, stating by said act a release was granted and the erasure allowed; which certificate shall be filed in the office of the recorder of mortgages when such canceling was asked for.

Registers of mortgages

bound to refuse certificates to persous whose Christian

names are not fully stated.

be passed un

Act 1855, p. 311.

Sec. 3146. Registers of mortgages shall be bound to refuse their certificates to persons whose Christian or first names shall not be stated, or whose Christian or first names shall be designated by the initial letters alone.

D. Sec. 2196, 2498. Act 1855, p. 322.

Sec. 3147. Hereafter neither recorders, sheriffs or notaries Act of sale of throughout the State, nor other persons authorized to convey property not to real estate by public act, shall pass or execute any act for the less all taxes sale, transfer or exchange of any real estate situated within said parish, unless the State, parish and municipal taxes due on the same be first paid, to be shown by the tax collector's receipt, or certificate to that purpose.

due thereon have been

paid.

Penalty for vi

pre

D. Sec. 2519, 3615. Act 1855, p. 320.

Sec. 3148. The recorders, sheriffs, notaries public, or other lation of persons violating the provisions of the preceding section shall. ceding section. upon conviction thereof, be fined in a sum of not less than fifty nor more than two hundred dollars for each violation, to he recovered by the district attorney, for the use of the free schools. before any competent tribunal.

Duty of record

er to obtain abstracts of

D. Sec. 2520, 3616.

TO PROVIDE FOR THE MORE EFFECTUAL ASSESSMENT OF LANDS
BELONGING TO NON-RESIDENTS.

Sec. 3149. It shall be the duty of the recorders of each parish throughout the State, to procure from the United States and

the land
offices.

State land offices a correct abstract of all lands lying in their lands sold in respective parishes which have been disposed of, giving the name and date, to whom and when sold.

Act 1855, p. 180.

to be used by

Sec. 3150. When such abstract or descriptive list shall have said abstract been procured, it shall be filed in the recorder's office for the assessor in aspurpose of enabling the assessors to make a full and correct sessing nonreturn of all lands which may be held or claimed by nonresidents.

residents.

paid.

Sec. 3151. All expenses which may be incurred in procuring such abstracts and legal fees of the recorders, shall be paid out Expenses, how of the State treasury upon the affidavit of such recorder before any justice of the peace of the parish, that the account filed is correct.

REGISTER OF CONVEYANCES FOR THE PARISH OF ORLEANS.

Conveyances to

Sec. 3152. There shall be appointed by the governor, by and Register of with the advice and consent of the senate, an officer with the be appointed title of register of conveyances for the parish of Orleans, whose every fourth appointment shall be renewed every fourth year.

D. Sec. 1672. Act 1855, p. 345.

year.

bond.

Sec. 3153. He shall furnish the governor of the State a bond, in a sum of fifteen thousand dollars, with good and sufficient Register's security of two freeholders in the parish of Orleans, for the faithful performance of the duties that are imposed upon him by law.

He may appoint a deputy, provided, however, that he shall be responsible for his acts. The deputy shall take the oath Deputy. prescribed by the constitution and laws.

D. Sec. 1673.

Sec. 3154. It shall be his duty to keep his office in as central

kept.

a situation as possible, and in a brick house, and to keep his office of regisrecord books open to the inspection of all persons, and to deliver ter, where to them certificates of the inscriptions that may have been made, if they require the same; which certificates, when signed by the register, and sealed with the seal of office, which it shall be the duty of said register to keep, shall be received in courts of jus- ter. tice in evidence in the same manner as all other public acts.

C. C 2257.

Duty of regis

authorized to

Sec. 3155. The register is authorized to open as many records at a time as may be necessary; they shall be numbered and Register paraphed by a judge of the district. He shall register all acts open several of transfer of immovable property, passed in the city and parish records. of Orleans, which shall be presented to him, in the order in His duties. which said acts shall have been delivered to him, to be registered, and in the following manner:

C. C. 2258.

Sec. 3156. When said acts of transfer of property shall have