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To report to

the Senate and

House an an

Senate and Speaker of the House, a list of all persons who are defaulters to the State on account of any public moneys; and if, in such list, the name of any member of the General Assembly a list of de should appear, the House to which he may have been returned shall take such action as may be deemed necessary.

faulters.

SEC. 71. The Auditor shall reside at the seat of the Govern-To resido at the seat of Govment and shall keep his office in the State House. ernment.

SEC. 72. He shall keep a seal of office, to be furnished at the Seal of office. expense of the State, which shall be used to authenticate all writings, papers, documents, etc., certified from his office.

SEC. 73. He shall also keep a letter book, in which shall be copied all official letters which may be written by him.

SEC. 74.

Letter book.

He shall have authority and power to administer Authority to oaths required and allowed by law in all matters touching the duties of his office.

administer oaths.

To haye ac

cess to the

officers.

SEC. 75. He shall have full access to the books of the Treasurer and to all offices of the State for the inspection of all books, books of Tre is accounts and papers which may concern the duties of his office, urer and other SEC. 76. It shall be the duty of the Auditor to submit all of To submit bis his books, accounts, vouchers and other official documents in his books, accounts office to a joint committee of the General Assembly, to be lit a joint appointed immediately after the commencement of each regular the General As session, for examination and settlement.

committee of

sembly.

SEC. 77. In case of death, sickness, absence from the Vacancy temState, removal from office, resignation or impeachment, porarily filled. the Governor shall appoint an Auditor of Public Accounts for the time being, until a successor can be elected according to law, or until such absence or disability shall

cease.

Auditor pro

tempore to give

SEC. 78. The person appointed under the provisions of the preceding section shall give the same bond and security, and bond, etc. receive the same compensation allowed by law to the officer whose duty he is appointed to perform, in proportion to the time he shall hold the office; and in all cases the sum allowed him shall be deducted from the salary of the officer whose office he may have been appointed to fill temporarily.

tenipore to be

SEC. 79. Immediately after the election and qualification of Accounts of the Auditor, or the resumption of his duties, if in the meantime Auditor pro an Auditor pro tempore shall have been appointed, the General settled. Assembly, if in session, if not, the Governor, shall cause a settlement of accounts of the Auditor pro tempore remaining unsettled, and cause a certificate of such settlement to be made out and delivered to the person entitled thereto, showing the balance of money, securities and effects for which he is accountable, and what has been delivered to his successor.

1-69-36.

rants and cou

can

SEC. 80. It shall be the duty of the Auditor of Public Accounts, whenever he shall grant a warrant or certificate of Interest war indebtedness, in settlement of any interest warrant or coupon pons to due by the State, to cause said interest warrant or coupon to be celed and regiscanceled or defaced, by being punched twice in the centre, and pasted in a register, to be called Register of Canceled or Defaced Coupons, which interest warrant or coupon, when so canceled or

tered.

1870--126, ex defaced and pasted in said register, shall be kept as vouchers in his office.

tra session.

Auditor not

without bond

to recognize

filed.

1872-61.

other minister

SEC. 81. The Auditor of Public Accounts shall not recognize any Tax Collector or Assessor until his bond and oath of office shall have been filed in the office of the Auditor of Public Accounts, and his bond recorded in the mortgage office of the parish for which he is appointed.

SEC. 82. Hereafter it shall not be lawful for the Auditor of Auditor, Public Accounts, the State Treasurer, or other ministerial Treasurer and officers of the State, to be or appear in any court of the State, ial officers to either in person or by private counsel, to institute, maintain, by Attorney defend, prosecute, or in any manner interfere, or attempt to conGeneral or Dis- trol any suit, writ, or other legal process (except criminal protrict Attorney. ceedings) which may be brought against them in their official

appear in court

Duties of State Courts.

Auditor

amenable to process of Court.

capacity, or in which the State may be interested, directly or indirectly, or be in any wise a party; but in all such cases the papers shall be served, if the action be instituted in the parish of Orleans, on the Attorney General, and if in any other parish, on the proper District Attorney, and such officer shall thereupon have sole charge of the conduct of such action; provided, that the Governor or the Attorney General may, in any case of necessity, designate an attorney at law to assist the attorney of the State, or in case of his absence or inability to act, or if he be unwilling or interested, to take charge of such case, with power to act. And it shall be the duty of the Auditor of Public Accounts, the State Treasurer and other ministerial officers of the State, or persons charged with the execution of any State contract, or act imposed by law, or pertaining to the duties of his station, on application, or if he have doubt as to the proper course to be pursued, to refer the matter, with all information in his possession, to the Attorney General of the State.

SEC. 83. Hereafter it shall not be lawful for any court of the State to entertain, or maintain or recognize any action, suit, writ or other legal process, or any pleading in any case wherein the Auditor of Public Accounts, the State Treasurer, or any other ministerial officer, shall appear as a party to the record, either in person or by private counsel, but all such proceedings shall be refused or dismissed (either ex-officio or on motion) as in case of non-suit, without prejudice to the rights of parties interested; provided, that in every such case the officer thus unlawfully appearing shall be condemned to pay the costs of suit therein; and provided further, that notice of such dismissal shall be served on the Attorney General, or proper District Attorney, who may, on motion, re-instate and maintain such action as it stood at the moment of dismissal, without prejudice to the rights of parties interested, if he deem it expedient so to do.

SEC. 84. In every case in which process issues from any court against the Auditor of Public Accounts, or any other ministerial officer of the State, service shall also be made on such officer, and he shall, be amenable, as heretofore, to all process of court, and subject to punishment for any violation of any order, writ or judgment, as now provided by law, and such further punishment as the court may deem necessary to maintain its jurisdiction and enforce its mandates.

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1855-214.

authorized.

ed

SEC. 85. Any person or association of persons, or corporaFree banking tion formed in compliance with the following provisions, may transact the business of banking in this State, and establish offices of discount, deposit and circulation for that purpose upon the terms and conditions, and. subject to all the liabilities and penalties herein described.

Powers grant

Amount of capital stock.

1-2--102.

SEC. 86. Bankers and banking corporations, carrying on the business of banking, shall have power to discount bills, notes and other evidences of debt, to receive deposits, to buy and sell gold and silver bullion, foreign coins and bills of exchange, to lend money on real and personal security, and to exercise all incidental powers necessary to carry on the business; but the aggregate amount of the capital stock of the banker or corporation shall not be less than one hundred thousand dollars; except that banks may be organized in any incorporated town, the population of which does not exceed two thousand inhabi tants, with a cash capital of ten thousand dollars; where the population does not exceed four thousand inhabitants, with a cash capital of fifteen thousand dollars; where the population

does not exceed six thousand inhabitants, with a cash capital of twenty thousand dollars; where the population does not exceed ten thousand inhabitants, with a cash capital of twenty-five thousand dollars; where the population does not exceed fifteen thousand inhabitants, with a cash capital of thirty thousand dollars, and where the population does not exceed twenty-five thousand inhabitants, with a cash capital of fifty thousand dollars.

SEC. 87. Any person or persons, more than five, associating 1855-214. themselves for the purpose of banking, may constitute themselves a corporation, with power and authority:

Number of persons necessary for bank

ing corpora

First-To have and enjoy succession by a corporate name, to be ing. selected by themselves, for a period that shall be expressed and Powers of limited in the articles of association, not exceeding twenty years, tions. and by that corporate. name to sue and be sued, plead and be impleaded, appear, answer and prosecute, in any and all courts of justice and elsewhere.

Second-To hold, receive, purchase and convey, by and under their corporate name, such property, real and personal, as may be indispensable to the objects of the association. The real estate which such corporation may lawfully purchase, hold and convey, shall be:

I. Such as may be necessary for the proper transaction of their business;

II. Such as shall have been mortgaged to them in good faith as security for loans;

III. Such as shall have been conveyed to them in satisfaction of debts previsusly contracted bona fide in the course of their business; and

IV. Such as they may purchase at sales under judgments of mortgages held by themselves, or in which they may have an interest, by being subrogated to rights, according to article two thousand one hundred and sixty-one of the Civil Code; but they shall not have power to hold any real estate, acquired in any way, except such as may be required for the transaction of their business, for a longer time than five years.

Third-To make and use a corporate seal, to be described in the articles of association.

Fourth-To name and appoint such managers and directors to administer the affairs of the corporation as they may think necessary and proper, the number and style of such directors or managers being described in the articles of association, and to fix the compensation of all persons in their employment. All the managers and directors shall be citizens of the State.

Fifth-To make and ordain such by laws for the proper management of the affairs of the corporation as may be necessary and proper, and in conformity with the provisions of law, the articles of association and such by-laws, to repeal, alter and amend at pleasure.

tion, how exe

SEC. 88. They shall be organized by written articles of asso- Written articiation, executed by a notarial act, and recorded in the office of cles of associa the Recorder of Mortgages, or other officer exercising the func- cuted and pub. tions of Recorder of Mortgages, at the place named in the act as Act to be rethe place of business or domicile of the corporation; a certified corded. copy of the same shall be deposited in the office of the Auditor

lished.

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