Page images
PDF
EPUB

R. S. 3493-3506

SECRETARY OF STATE.

CONSTITUTIONAL PROVISIONS.

Art. 61.

Member of Executive Department.

Art. 62. To receive election returns.

Art. 65.

Act 79.

To act as Governor in certain contingencies.

Art. 66. Compensation he shall receive when acting as Governor.
Election. Term of office. Assistant Secretary of State.
Salary.

Art. 81.
Art. 82.

Clerical expenses.

Art. 83. To countersign commissions.

Art. 217. Liability to impeachment.

3493. To number all legislative acts; keep a register of them; delivery to State Printer, etc. See Sec. 2169.

3494 to 3503. Appointment of State Librarian, bond, duties, inventory of books, catalogues, rules of library; duty to attend every day; Librarian may make exchanges; duties and responsibilities of Secretary of State, etc. See Secs. 2180 to 2183, 2185, 2186, 2189, 2191, 2192.

3504, 3505. Public seal, keeper, fees, etc. See Secs. 3471, 3472.

[Affixing Seal-Copying Instruments, Certificates to Insurance Companies-Fees.]

3506. It shall be lawful for the Secretary of State to charge and receive and receive for his own benefit, fees as follows:

Whenever the seal of the State shall be affixed to any instrument of writing other than civil and military commissions, to reprieves and pardons, or to proclamations issued by the Governor, one dollar for each and every impression thereof, to be paid by the person desiring the same.

For each and every certificate to any instrument of writing, or otherwise, when the seal of his office is affixed, one dollar. For recording or copying, twenty-five cents per one hundred words. And in the Insurance Department of his office:

For each and every certificate of authority, or compliance, to a company or association, ten dollars ($10.00). For each agent's certificate (a firm being considered as one), two dollars ($2.00); filing annual statement, fifteen dollars ($15.00); filing any additional paper required by law, twenty-five cents (25c). Every company organized under the laws of any other State, and admitted to transact business in this State, and each agent of every such company, shall pay the same fees to the Secretary

R. S. 3507-3526

of State as are imposed or would be required by such other State of any similar companies incorporated by or organized under the laws of this State, or upon the agents of any such companies transacting business in such other State (as amended by Act 124, 1898, p. 183).

3507 to 3512. To procure certain books; distribution, preservation; marking and recording; exchange with other governments; disposition of books not distributed, etc. See Secs. 2193 to 2198.

3513, 3514. Certain books to be stereotyped; sale of books. See Secs. 3002, 3003.

3515. Oath of eligibility to be filed by persons with Secre tary of State within thirty days of election or appointment, etc. Repealed, Act 19, 1878, printed title "Office."

3516. Failure to deposit oath of eligibility nullifies official acts, etc. See Sec. 2591.

3517, 3518. All officers to take Constitutional oath, etc. See Secs. 2550, 2551.

3519. To keep register of legislative acts; evidence of publication, etc. See Sec. 2169.

[Authorized to Administer Oath.]

3520. The Secretary of State of the State of Louisiana is hereby authorized and empowered to administer oaths in all cases where it is legal to do so under the laws of this State (Act 45, 1868, 53).

3521. Oath of office of Commissioners of Metropolitan Police. Repealed.

3522 to 3524. Assistant Secretary of State and page; compensation of Assistant Secretary and page.

See Act 26, 1877, p. 28; Act 7, 1878, p. 33; Act 11, E. S. 1878, p. 243, and Const., Art. 78. As to Assistant Secretary, see State vs. Clark, 45 An. 1412;Const., Art. 79.

[Copying Legislative Acts, No Compensation.]

3525. The Secretary of State shall not receive extra compensation for the copying of the laws passed by the Legislature.

3526. To compile election returns. See Sec. 1394.

See title "Election." Duties of Secretary of State are purely ministerial. State ex rel. Hootsel vs. Secretary of State, 44 An. 1067, and see State ex rel.. Barbin vs. Secretary, 32 An. 584.

R. S. 3527-3536

The power granted him to accept the bonds of guaranty companies, and issue certificates based thereon, is purely ministerial, and his signature, admitted without objection, proved the signature on the surety bond. Holmes vs. Coal, etc., Co., 49 An. 1465.

3527, 3528. Compilation of returns. See Secs. 1402, 1403. 3529. Certificates of members of Congress. See Sec. 1574. 3530. Printing laws and distribution. See Sec. 2993. 3531, 3532. State printer to deliver printed copies of Journal of Legislature; distribution; compensation to printer. See Secs. 2993, 2994.

DISTRIBUTION OF PRINTED ACTS, ETC.

Act 11, 1886, p. 21.

AN ACT to authorize the Secretary of State to forward to each clerk of each District Court in the State a copy of the acts of each session of the General Assembly, bound in leather.

SECTION 1. That the Secretary of State shall forward to each clerk of each District Court in the State a copy of the acts of each session of the General Assembly, bound in leather, beginning with the acts of the session of 1886.

SEC 2. That payment for the binding in leather of a sufficient number of copies of the acts of each session of the General Assembly to carry out the requirements of the first section of this act shall be made out of the appropriation for the State printing.

SEC. 3. That all laws or parts of laws in conflict herewith are hereby repealed.

SEQUESTRATION.

3533, 3534. Writ may be obtained whenever there exists lien, or where there is fear that party will conceal, etc. See C. P., Art. 275, Secs. 7 and 8.

3535. Plaintiff may bond. See C. P., Art. 279, part 2.

See Act 51, 1876. Intervenor may bond, printed at p. 43.

See Act 94, 1900. Sale of perishable property, printed at p. 1344.

3536. Sequestration, etc., may issue before filing of petition. See C. P., Art. 237, amended by Act 14, 1880, p. 20.

See Act 65, 1884. State need not give bond, printed at p. 55.

See Act 41, 1894. Bond may be signed by certain guaranty insurance companies, printed at p. 896.

See Sec. 1114. Legal holidays, but conservatory writs may issue. C. P. 207, amended by Act 98, 1890, p. 115.

[blocks in formation]

3537. Election. Superseded by Const., Arts. 119, 142. 3538. Bond. Superseded as to Orleans by Const., Art. 142, and outside Orleans by

SHERIFFS AS TAX COLLECTORS.

Act 52, 1880, p. 50.

AN ACT relative to sheriffs, ex officio tax collectors, and to the bonds to be furnished by them, the parish of Orleans excepted.

[Sheriffs Declared Ex Officio Tax Collectors.]

SECTION 1. That the sheriffs of the several parishes of the State. the parish of Orleans excepted, shall be ex officio collectors of State and parish taxes, under such rules and regulations as may be provided by State or parochial laws.

[Bonds They Shall Give.]

SEC. 2. That in all the parishes of the State, the parish of Orleans excepted, the sheriff shall give bond in the sum of six thousand dol lars, with at least two good and solvent sureties, with the following conditions, to-wit: "Condition of the above obligation is such that whereas the above bound A. B. has been elected or appointed sheriff of the parish of ; now, if the said A. B. shall well and faithfully execute and make true returns, according to law, of all such writs, orders and process as shall come into his hands as sheriff aforesaid to the person entitled by law to the same, and shall faithfully do and perform all such other duties as may be required of him by law, then the above obligation to be null and void, otherwise to remain in full force and virtue."

[-as Ex Officio Tax Collectors.]

SEC. 3. That as ex officio tax collectors of State and parish taxes the sheriff's of the several parishes of the State, the parish of Orleans excepted, shall each before commencing the discharge of their duties give bond, with at least two good and solvent sureties, for their term of office, in a sum which shall be one thousand dollars over the full

R. S. 3538-Act 52, 1880

amount of the State and parish taxes levied, according to the last filed assessment roll of the parish; provided, that in no parish shall the bond exceed twenty thousand dollars. Said bonds to be given by ex officio tax collectors of State and parish taxes shall be conditioned for the faithful performance of their duty in said capacity, and for the just and full payment into the State and parish treasuries of all sums of money that may come into their possession as tax collectors aforesaid.

[Qualification of Sureties-Approval and Recording of Bond.]

SEC. 4. That the sureties on all bonds given by sheriffs and ex officio collectors of State and parish taxes, the parish of Orleans excepted, shall reside within the parish wherein such officers shall exercise the functions of their office; and each of said sureties shall make oath that he has property over and above his liabilities and exemptions and homestead sufficient to respond to the amount for which he obligates himself in said bond. Said bonds shall be approved and accepted by the president of the police jury and the clerk of the District Court of the parish, if they deem the same good and sufficient, and shall be authenticated by the attestation of two witnesses and the signature of the clerk of the District Court of the parish, and shall also be recorded in a separate book to be kept for that purpose, and be also registered in the mortgage records of the several parishes where the principal obligor may own immovables. The bonds, when so registered, shall operate from and after the date of the registry, as a mortgage on all the real estate of the principal obligors therein, in favor of the State, parish and all persons interested. Said bonds shall be made payable to the Governor of the State of Louisiana. Before any sheriff and ex officio collector of State and parish taxes shall commence the discharge of his duties or be recognized he shall make affidavit and have the same recorded in the mortgage records of the parish in which he is to discharge his official functions, that he has caused his official bonds aforesaid to be recorded, as above. provided, in all the parishes of the State in which he owns immovables, and he shall transmit to the Auditor of Public Accounts duly authenticated copies of said bonds, with due certificates of their registry and also a duplicate of said affidavit.

[When Bond Must Be Given.]

SEC. 5. That the sheriffs and ex officio collectors of State and parish taxes throughout the State, the parish of Orleans excepted, shall give bond and security, in accordance with the provisions of this act, within thirty days from the promulgation thereof, in default. of which the office shall be vacant ipso facto, and the Governor shall appoint for the remainder of the term.

« PreviousContinue »