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R. S. 3458-3167 sheriffs' and coroners' sales shall be advertised to take place at the courthouse, commencing at eleven o'clock a. m., after the expiration of the time provided by law for the advertisement of such sales, and the said sheriff or coroner shall have the right to adjourn said sale to the following day, and then from day to day, only in case there shall not be time to conclude the same in one day; provided, however, that nothing contained 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 his giving notice to the proper officer within three days after notice of seizure.
See Sec. 3410; C. P., Art. 664.
3458 to 3466. Notice of collection; unpaid taxes; curator ad hoc for absentees; redemption of property; annual sale of forfeited lands. See Secs. 3293 to 3302, and acts under title “Revenue."
Act 124, 1890. Public carriers may sell goods, etc., printed at p. 1497.
Act 167, 1898. Warehousement may sell goods, etc., printed under title “Warehouse,” at p. 1825.
Act 28, 1896, p. 35. Keeper of hotel, inn, etc., may sell, etc. Amending R. C. C., Art. 3236.
SALVAGE. [On Cotton Found Floating.]
3467. Any person who shall recover, save and place upon the bank or land, any bale of cotton found floating in any of the waters of this State, and not in possession or under the actual control of the owner or carrier thereof, shall be entitled to demand and receive, from the owner, his agent, consignee or
R. S. 3468-3470
3468. The master of the boat or vessel from which such floating cotton may have been lost or thrown overboard, the shipper, consignee and insurers of such cotton or any of them, shall be entitled to demand and receive the possession of the same, after first paying the salvage fees as provided in the preceding section.
[Salvor's Duty Where Cotton is Not Claimed.]
3469. If the owner, his agent, or consignee, or insurer, should not demand such cotton from the salvor, within ten days after it shall have been recovered from the water, then it shall be the duty of the salvor within the further term of ten days, to ship the same to the city of New Orleans; and the merchant there receiving the same, shall cause it to be advertised for five days in a newspaper published in that city, as cotton found, describing each bale by its original marks or brands, and if after the expiration of the said five days the owner, his agent, consignee or insurer shall not claim said cotton, it shall then be the duty of the merchant to sell the same, and deposit the proceeds, after deducting the salvage fees, freight and charges, in the hands of the treasurer of the Charity Hospital, in the city of New Orleans, together with an account of said sale and charges; and the salvor failing to ship such cotton, as directed herein, shall forfeit all right to demand and receive compensation for salvage.
[Salvor's Failure to Deliver Cotton Claimed.]
3470. Any person who shall fail or refuse to surrender or deliver to the owner, his agent, consignee, or insurer, any bale or bales of cotton which may have been recovered or saved in the manner hereinbefore mentioned after the salvage fees shall have been paid or tendered to him; and any person who shall secrete, convert to his own use, or sell, otherwise than allowed by this act, any bale or bales of cotton so saved by him from the water, or which may have been placed in his charge by the salvor, shall be deemed to be guilty of a felony, and, upon conviction thereof, shall be fined in a sum not exceeding one thousand dollars, and shall be confined at hard labor in the penitentiary for a term not exceeding one year.
R. S. 3471-3476
SEAL. [Seal of State.]
3471. For the purpose of authenticating the acts of the Government of the State of Louisiana there shall be a public seal, with such device or inscription as the Governor may direct (Act 281, 1855, 340).
[Secretary of State is Keeper.]
3472. The Secretary of State shall be keeper, and shall affix the public seal to all official acts, the laws alone excepted.
3473. Affixing seal by Secretary of State ; fees, etc. See Sec. 3506, as amended by Act 124, 1898, p. 183.
3474. Style of seal the various courts shall use. See Sec. 485.
[Certificates of Discharge.]
3475. The master of every vessel arriving from sea, at any port of this State, shall give to every person shipped on board such vessel, who shall be entitled to his discharge, or who shall be discharged there, a certificate in the following form: “A. B., one of the crew of the ship or vessel called the of on her voyage from to
is hereby discharged.
Dated of. in the year of (Signed)
C. D., Commanding said vessel.'
[Desertions to be Reported.]
of the ports of this State, or in the voyage from the sea up
to either of them, the master of the vessel shall, within twelve hours after his arrival, if such desertion shall have taken place before his arrival, or within twelve hours after the desertion, if it shall happen in the port, make out an advertisement, containing the name of the seaman and of the vessel to which he belonged, together with a description of the person of the
R. S. 3477-3479
deserter, which advertisement shall be signed by the master, and, within the time aforesaid, put up in the office, of the Mayor of the city of New Orleans (Act 296, 1855, 358).
[Advertisements Outside New Orleans.]
3477. In all seaports in this State, other than the city of New Orleans, the advertisements required by law shall be made at the courthouse of the parish in which the port may be situated; and the legal proceedings herein provided for shall be had before and determined by any of the justices of the peace of the port.
[Shipping Seamen Not Exhibiting Discharge.]
3478. No master of a vessel, nor any person for him, shall ship any seaman who shall not produce such discharge, unless he shall previously thereto give twelve hours' notice that such seaman has applied to be shipped without a discharge to all the masters of vessels then in port, who have, within two months next before, advertised any deserter from their vessels, until the expiration of which twelve hours, the master of any vessel to whom such seaman may apply to be shipped is authorized to detain him on board his vessel, to the end that he may be reclaimed if he is a deserter; but if such seaman be not so reclaimed, it shall then be lawful to engage him without producing any such certificate. And if any master of a vessel shall ship any seaman contrary to the provisions of this section he shall forfeit fifty dollars, to be recovered by any person who will sue for the same.
[Proceedings, Where Discharge Refused.]
3479. The justice of the peace, on the verbal complaint of any person that he is entitled to receive his discharge, and that the same is denied by the master of the vessel to which he belonged, shall issue a citation, directed to the master, commanding him to appear before him, to show cause why such certificate should not be granted. The justice shall examine, in a summary way, into the circumstances of the case, and if he finds that the seaman is entitled to his discharge, he shall give judgment to that effect; and if the discharge has been previously demanded and refused, he shall add to the judgment an
R. S. 3480-349:
order that the defendant pay to the complainant ten dollars for his damages, and pay the costs of the proceedings; and a copy of so much of the judgment as orders the discharge shall be given to the complainant, which shall have all the effects of a legal discharge.
3480. If the keeper of any tavern, lodging, or boarding house, shall knowingly receive, harbor, or lodge or conceal any deserter from any merchant vessel, he shall, on conviction, pay a fine of one hundred dollars, or be imprisoned not exceeding thirty days (Act 120, 1855, 145).
See Sec. 939.
3481 to 3490. Causing desertion, arrest of offenders, sunimoning witnesses, trial, right to counsel, harboring seamen who have signed shipping articles, search warrant, copy of articles as evidence, interference, intimidation, etc. See Secs. 934 to 941, 944, 945.
[Detaining Seamen's Baggage, etc.]
3491. No keeper of a public or lodging house for seamen in this State shall withhold or detain any chest, bed or bedding, clothes or tools, or other effects of any seamen, for any debt alleged to be due by the seaman; and, on examination, any magistrate may, by warrant, cause the detained property to be seized and delivered to the seaman.
[Amount of Recovery Against Seamen, etc.]
3492. No keeper of a public or lodging house for seamen in this State shall, at any time recover from a seaman any debt exceeding one dollar, and no other person shall be entitled to recover from any seaman a debt exceeding one dollar, after he has signed articles to proceed to sea until the voyage for which