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R. S. 3408-3410
[Return of Writs.]

3408. All writs of fieri facias issued by the clerks of the several courts throughout this State, shall be made returnable by them in not less than thirty, nor more than seventy days. It shall be the duty of each of the sheriffs of the different parishes in this State to return all writs directed to them to the clerk's office from which they issued on or before the return day mentioned therein, and also to pay over any moneys received thereon to the party entitled to the same, or his attorney; and in default of any of the duties imposed on him in this section, he shall become liable to the party entitled to the benefit of the writ, for the full amount specified therein, which shall be recovered, on motion, before the district or parish court in the parish in which the said sheriff acts and resides, after ten days' notice.


C. P., Art. 642, 700 et seq.

Where the sale is enjoined and the writ is returned into court, the sheriff may proceed under the original writ when the injunction is dissolved; an alias writ is not necessary. Stackhouse vs. Zuntz, 41 An. 415.

3409. Properly certified copy-as evidence-has same effect as authentic act; it may be recorded if original is lost, and affidavit of interested person is sufficient to establish loss. See C. P., Art. 698, part 2.

[Where and When Sales May Be Made.]

3410. Hereafter all sheriffs' and coroners' sales shall be advertised to take place at the court house, or at some other public place in the vicinity of said court house, on any Saturday in the month, commencing at 11 a. m., after the expiration of the time required by law for advertisement of such sales, and the said sheriff or coroner shall have the right to adjourn said sale to the Monday following, and then from day to day, only in case there shall not be time to conclude the same in one day; provided, however, nothing contained herein shall deprive the defendant of the privilege now enjoyed by him of

Act 95, 1894—R. S. 3411 Act 95, 1894, p. 129. An Act regarding the place where judicial sales may be made. [Proceeding Where Change of Place of Sale is Necessary.]

That in all cases where judicial sales have been advertised under order of court, whether by sheriff, constable, auctioneer, or any other officer, at a particular place; and where by destruction of the place, whether by fire or any other cause, or otherwise it becomes impossible to make the sale as advertised, that the sale may be advertised to be made in front of the court house of the parish; and this may be done without commencing the advertisement anew, but by simply changing it in the insertion next after the fire or other circumstances which requires the change; provided, that if the change should be necessitated within less than a week before the date of the sale as advertised, that then same shall not be made for one week after the original date, and the advertisement shall be changed accordingly. [Advertisement, Notice, etc.)

SEC. 2. That before advertising the change of place of sale the sheriff, constable, auctioneer or other officer shall notify the parties to the suit of the place at which the sale shall be made, and of the time when the first advertisement announcing the change shall be published, and in what paper; said notice to be served upon the parties or upon their attorneys of record; and provided, that when instructed in writing by all parties to the proceeding so to do the sheriff shall re-advertise the property de novo.

[Right to Bond Seizure.]

3411. The defendant in execution, whose property has been seized, shall have the right to retain such property in his own possession from the time of such seizure until the day of sale, on condition that said defendant shall execute his bond in favor of the plaintiff in execution, in solido, with one or more good and sufficient securities domiciliated in the parish, for an amount one-half over and above the estimated value of the property seized, conditioned for the faithful delivery of the property at the time of sale, which bond shall be filed in the office from which the writ issued within ten days after the date thereof; and upon a forfeiture of said bond, which fact shall be made to appear by the certificate of the officer charged with the execution of the writ, the same shall have effect as a twelve months' bond, and execution shall issue thereon, on

R. S. 3412-3423

[Notice to Pay Not Necessary Before Execution.)

3412. In no case hereafter shall it be necessary for the sheriff to give notice to the defendant to pay the money on an execution before proceeding to levy by virtue of the same.

C. P., Art. 643. [Return of Writs on Day Named.]

3413. It shall be the duty of sheriffs, coroners, when acting as sheriffs, and constables, to return all writs of fieri facias, to them or any of them directed, on the return days named in said writs, and if any sheriff, coroner or constable shall fail to make due return of such writ, on the return day thereof, such officer and his official sureties shall be held liable to pay to any party the damages sustained in consequence of such failure (Act 109, 1855, 253).

3414, 3415. Return, where no sale made. Copy of writ and proceeding thereunder. See C. P., Art. 642, parts 6 and 7. [Return of Writs—Effect of.]

3416. Hereafter the return of any writ of fieri facias, on the return day thereof, shall in no case operate as a release of the seizure of property made under such writ, or as a discharge

of any lien acquired by service of such a writ, unless the property so seized shall have been duly sold, or unless such seizure shall have been released by order of the party in whose favor it was made, or by order of a court of competent jurisdiction (Act 109, 1855, 253).

3417. Several writs may issue at same time to different parishes. Reduction of seizure. See C. P., Art. 642, parts 4 and 5.

3418. Rights of personal servitude, etc., exempt from seizure. See C. P., Art. 644.

3419 to 3421. Corn, hay, etc., exempt. Other exemptions. See C. P., Art. 645.

3422. Property belonging to public schools or employed by municipal corporations for that purpose, exempt from seizure. See Sec. 1320.

3423. Cemeteries, etc., exempt from tax and seizure. See Sec. 386.

R. S. 3424-3127

3424. Application for appraisement does not prevent sale. See Sec. 63, C. P., Arts. 652, 653. [Advertisement to contain Title of Suit.]

3425. In all advertisements of sales of property under execution the sheriff shall be bound to insert the title to the suit in which the writ issued.

[Notice to Parties to Appoint Appraisers.]

3426. Two days' notice, given to the plaintiff and defendant by the sheriff, to appoint men to value property under execution, shall be sufficient, any law to the contrary notwithstanding.

3427. Oath of appraisers. See Sec. 65, C. P., Art. 673.

3428. At second adjudication sale shall be for highest bid, on twelve months' credit. See C. P., Art. 682.

3429. Credit sales in Jefferson and Orleans. This section is like Sec. 3624, which was amended by Act 22, 1884. See Sec. 3624.

3430. Execution on twelve months' bond, etc. See C. P., Art. 721. [Repeal of C. P. Art. 721.]

3431. The article seven hundred and twenty-one is repealed (Act 1826, Sec. 14, p. 174). [Writ of Ca. Sa.]

3432. The writ of capias ad satisfaciendum is abolished (Act 1840, Sec. 1, p. 131).

3433. Holder of judgment obtained in another State can not proceed by executory process. See Sec. 1478.

3434. Sheriff may administer oath to appraisers. See C. P., Art. 770.

3435. Judicial advertisement, except in Orleans, to be made in official journal, etc. Repealed by Act 49, 1877, Sec. 20, p. 68.

3436. When sheriff who adjudicated property fails to pass act, successor in office shall do so. See C. P., Art. 691, part 2. [Provisions Applicable to Sales Antedating Act.]

3437. The provisions of the above section of this act shall apply to all cases as described in the said section that may have occurred previous to the passage of this act.

R. S, 3+38-3457

3438. Sheriff seizing personal property under mesne or final writ, may ask for indemnity bond. See Sec. 3579 (amended Act 37, 1882).

3439 to 3443. Failure to give indemnity bond, qualification of bondsman; solvency of surety, how tested; assignment of bond to claimant, etc. See Secs. 3580 to 3584.

3444. When fi. fa. issues on judgment against sheriff or cther officer for money received in official capacity, writ of ca. sa, may issue. See C. P., Art. 730.

3445 to 3450. Monitions, when granted; description of property; clerk may issue monition; judgment, effect thereof, etc. See Secs. 2370 to 2376.

3451 to 3454. Division and survey of lands seized, fees of surveyors, etc. Repealed, Act 32, 1877, p. 33.

3455. Sale of property of vacant estate on application of creditors. See R. C. C., Art. 990.

3456. Suits on bonds when persons charged with collecting tax fail to pay over, etc. See Sec. 3321.


[Sheriff's Sales, How Made and Advertised.]

3457. The fourth section of an act entitled “An Act relative to sheriffs' sales and writs of fieri facias," approved March fifteenth, eighteen hundred and fifty-five, which reads thus: “That hereafter all sheriffs' and coroners' sales skall be advertised to take place, and shall take place at the courthouse, or at some other public place in the vicinity of said courthouse, on the first Saturday in each month, commencing at eleven o'clock, after the expiration of the time required by law for the advertisement of such sales; and the said sheriffs or coroners shall have the right to adjourn said sale to the Monday following, and then from day to day, only in case there should not be time to include the same in one day; provided, however, that nothing in this section shall deprive the defendant of the privilege now enjoyed by him of having his plantation, when it is under seizure, offered for sale at his domicile, upon giving notice to the proper officers, within three days after notice of seizure,” is hereby repealed, so far as it is applicable to the parish of Jefferson. In said parish of Jefferson, hereafter, all

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