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R. S. 2549- Act 42, 1890 for that purpose in the Conveyance Office for the parish of Orleans, and upon complying with the requirements of this act (as amended by Act 187, 1902, p. 367).
SEC. 2. Be it further enacted, etc., That all laws and parts of laws in conflic: with the provisions of this Act be and the same are hereby repealed. (Act 187, 1902.)
SEC. 3. Be it further enacted, etc., That this bill shall take effect from and after its passage. (Act 187, 1902.) [Application for Appointment.]
Sec. 7. That every applicant for a commission as notary public for the parish of Orleans, shall give, during ten consecutive days, public notice in one of the daily papers published in the city of New Orleans, of his intention to apply for said commission; and upon producing to the Supreme Court of this State proof of said publication, together with a certificate establishing his citizenship, residence and character as provided above, sworn to and subscribed by at least two reputable citizens of this State, the Supreme Court of this State may proceed to examine said applicant in open court; and if he be found competent and possessed of the necessary qualifications, shall issue to him a certificate accordingly, signed by at least three judges of said Supreme Court. The public examination herein provided for may be dispensed with by the Supreme Court, if the applicant produces proof of his having previously obtained a certificate from the said court. [Commissions, How Issued.]
SEC. 8. That before the Governor of this State shall issue to the applicant a commission of notary public for the parish of Orleans, he shall require of him the production of:
1st. A certificate as above provided for, signed by at least three judges of the Supreme Court of this State.
2d. His oath of office.
3d. His bond, properly executed, approved and registered in the conveyance office, as provided above.
4th. His official signature, and
5th. The impress of his official seal, all of which shall, upon the issuing of said commission, be deposited in the office of the Secretary of State and annexed in the margin of a book to be kept for that purpose by the said Secretary of State to be styled “The Notarial Book of Orleans Parish.” [Bond to be Renewed Every Five Years.]
SEC. 9. That all notaries public for the parish of Orleans shall renew their bonds every five years or whenever one or both sureties on their bonds shall die or become insolvent, and they shall continue to act as such notaries so long as they shall renew their bonds, unless suspended or removed for cause.
R. S. 2549 — Act 42, 1890
Sec. 10. That it shall be the duty of the district attorney of the parish of Orleans to institute proceedings by rule in the Civil District Court of said parish at least once every twelve months, and oftener if he deem it proper and necessary, on all notaries in said parish to test the surety on their official bonds, and should the sureties on said official bonds so tested, be judicially declared not good and solvent as required by law, the notary whose surety has been so declared shall pay costs of said rule, and shall be allowed thirty days within which to give a new bond, and on his failure to do so within that time, shall forfeit his commission and turn over his notarial archives and records to the custodian of notarial records.
Provided, That he shall not be entitled to act as a notary during said period of thirty days; and
Provided further, That should any one ceasing by removal or otherwise to be a notary subsequently again be appointed to that office he shall be entitled to recover and obtain his said notarial records and archives from the custodian of notarial records.
[Manner of Keeping Records.]
Sec. 11. That it shall be the duty of every notary public for the parish of Orleans to keep and preserve in his office and under his custody, the original of all acts, contracts and instruments of writing executed before him with the exception only of affidavits and instruments under private signature, which may be acknowledged or proved before him, and depositions of witnesses, and he shall cause the said acts, contracts and instruments of writing, to be bound in separate volumes for each year, with complete indexes attached to each volume; which together with the protests made by him will constitute the archives of his office. Any notary public failing to cause his acts to be bound and indexed as aforesaid before the first of March of the year following their date, shall on proof thereof before the Criminal District Court for the parish of Orleans, be condemned to turn over all his archives to the custodian of notarial records of said parish and to pay a fine of twenty-five dollars for every year that his said acts shall not have been bound and indexed as aforesaid -- which fine shall be paid to the custodian of notarial records and shall be a fund in his hands for the hinding of said records and other unbound records in his cusR. S. 2550 terrace, and keep the same open for examination of his records, every day from the hours of 10 o'clock a. m. to 3 o'clock p. m., Sundays and legal holidays excepted. [Repealing Clause. ]
SEC. 13. That all laws or parts of laws contrary to or in conflict with the provisions of this act be, and the same are hereby repealed.
A legatee can recover from a notary and the sureties on his bond for failure to inention facts in a nuncupative will which the law requires him to mention. The ineasure of damages is the loss sustained by the legatee. Weintz vs. Kramer, An. 35. The obligations of the bond of a notary in the parish of Orleans are gove crned by R. S. 2521, not 2503, and where loss is caused to any one by the neglect of the notary to perform his duties, there results liability, whether he was employed by such person or not. Id.
To sustain a suit against the succession of a notary and his bond for failure to record a mortgage, another having been recorded in the meantime, it must be alleged that the debt has not been paid, that the property is insufficient to pay both claims, that the maker of the note and the succession of the notary are insolvent and that loss has been sustained. Dwyer vs. Woulfe, 40 An. 46.
One who deposits with a notary valuable securities as a guaranty that he will procure the erasure of a general mortgage on property which he is about to sell, must stand the loss if the notary embezzles the securities. Saloy vs. Hibernia National Bank, 39 An. 90. It is not the official duty of a notary to receive money to erase mortgages. Id.
OATHS. [Duty of Officers.]
2550. The oath required by article one hundred of the Constitution shall be taken by all officers of the State before entering on the duties of their office; it may be administered by the Governor of the State, any judge or justice of the peace or clerk, and shall be subscribed by the party taking it, and be certified in his commission by the person administering it.
The said oath or affirmation thus subscribed shall be deposited in the office of the Secretary of State, to be by him iecorded in a book, kept for that purpose, and those of all parish officers shall also be recorded in the clerk's office of the parish where the same may have been administered, to be recorded by the said clerk in a book kept for that purpose: and the said oath or affirmation shall be thus deposited within
R. S. 2551-2579
2551. The Governor and judges, and all other civil and military officers elected or appointed under the authority of this State, shall, before they act in their respective offices, take and subscribe the oath or affirmation required by article one hundred of the Constitution.
2552 to 2558 relate to oath of officers, its form, before whom taken, how filed, etc. See Secs. 2585 to 2591.
2559. Oath of attorney at law. See Sec. 115. 2560. Auditor authorized to examine under oath. See Sec. 191.
[Authority to Administer.]
2561. He shall have anthority and power to administer oaths required and allowed by law, in all matters touching the duties of his office (Act 119, 1855, p. 129).
2562 to 2566. Accounts and oaths of auctioneers, settlement and auditing of their accounts, etc. See Secs. 147 to 151.
2567, 2568. Oath by attorney or agent in certain cases, before whom taken in certain cases. See Secs. 528, 529.
2569. Attachment may issue before maturity of debt in certain cases. See Sec. 104.
2570, 2571. Oath where debtor absents or conceals himself -of agent or attorney may be to the best of knowledge and belief. See C. P.. Arts. 243, 244.
2572. Garnishment under writ of fieri facias-answer of garnishee under oath, etc. See C. P., Art. 246.
2573. Right to writ of provisional seizure whether rent is due or not due, etc. See C. P., Art. 287.
2574. Oath of members and officers of General Assembly, by whom administered. See Sec. 1531.
2575. Power of either house to send for persons and papers. Chairman of committee authorized to administer oaths. See Sec. 1536.
2576. Foremen of grand juries may administer oaths. See Sec. 2137.
2577, 2578. Oath of parish treasurer, of tax collectors in certain cases. See Secs. 2645, 2646.
2579. Secretary of State may administer oath. See Sec. 3520.
R. S. 2580-2592
OFFENSES AND QUASI-OFFENSES. [Liability of Municipal Corporations.]
2550. The different municipal corporations in this State shall be liable for the damages done to property by mobs or riotous assemblages in their respective limits.
Municipal corporations are liable for the damages inflicted upon property by mobs. Williams vs. City, 23 An. 507; Folsom Bros. vs. City, 28 An. 936, and see State ex rel. Folsom vs. Mayor et als., 109 U. S. 285; Same vs. Same, 35 An. 709.
It is not liable for damages caused by the taking of human life by a mob. Gianfortone vs. City of New Orleans, 61 F. R. 64; City of New Orleans vs. Abbagnato, 62 F. R. 240. The cases mentioned discuss fully and learnedly the preceding jurisprudence on the subject.
A parish is an involuntary corporation vested with a portion of the political powers of the State. It is not liable in damages for torts or trespasses committed upon property of individual citizens, through incb violence. In this respect the parochial differs essentially from the municipal corporation. Fischer, etc., Co. rs. Bordelon, etc., 52 An. 429; Sherman vs. Parish of Vermilion, 51 An. 880. (The subject is fully considered.)
2581. Where a corporation may be sued for damages. See C. P., Art. 165, Sec. 9.
2582. Survival of right of action, when death results from act. See R. C. C. 2315, as amended by Act 71, 1884. n. 94.
2583. Client or other person not responsible for slanderous words uttered by his attorney at law, etc. See Sec. 123.
2584. Co-trespassers liable in solido. See R. C. C., Art. 2324.
Const., Arts. 170, 172, 180, 182, 191, 209-210, 217, 223. 2585 to 2592 provide that commissions shall not issue, and that no officer shall be permitted to occupy his office until he has shown his “eligibility” by taking the form of oath there prescribed-i. e., that affiant did not serve “the Confederate States of America,” or that he now acknowledges “the late