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Act 52, 1880-R. S. 3540 [Repealing Clause.]

SEC. 6. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Const., Art. 119.

The sheriff must take the same care of property seized by him, as a careful, prudent man would of his own. McKay vs. Scott; Lambeth vs. Joffrion, 41 An. 749. He can not cultivate a plantation held by him under writs of attachment at the expense and risk of the attaching creditor. American Nat. Bank vs. Childs, 49 An. 1359. He is not liable for acts done by direction of a court of competent jurisdiction. Crow vs. Manning, 45 An. 1221. Where a deputy sheriff designedly executes a second writ of attachment, before executing the writ first issued, and so causes the first attaching creditor to lose his claim, the sheriff is liable for dam. ages in the amount the creditor would have recovered, had the officer done his duty. Grabenheimer vs. Budd, 40 An. 107. See State vs. Budd, 30 An. 232.

Where property is in the possession of the sheriff, under one writ, and he subsequently receives another writ levied against the same property, the levy under first writ is sufficient for both, and the receipt of the second is a constructive levy. If the first is superseded, the property may be held under the second. State ex rel. Schwan vs. Judge, 52 An. 568. (The subject is fully considered in the opinion.)

Liability and duty of sheriff as tax collector, 40 An. 234. State vs. Waggoner, 42 An. 54; State vs. Reid, 45 An. 162; State ex rel. District Attorney vs. Sheriff, 47 An. 278. Removal from office. State ex rel. District Attorney vs. Bourgeois, 45 An, 1350.

A sheriff is liable in damages to one whom he arrests without a warrant, on suspicion that the person arrested is a fugitive from justice from another State. Fugitives may be arrested, but only in accordance with R. S., Secs. 1038 and 1039, and the Act of Congress relating to the subject. Want of malice on the part of the sheriff does not justify the act; it is an element which mitigates the act. Wells vs. Johnston, Sheriff, et al., 52 Ar.. 713.

[Suits on Bond, How Instituted.]

3539. The bond may be put in suit against the sheriff and his securities, when in behalf of the State, by the Attorney General, or district attorney of the district, in the name of the Governor for the time being, for the use of the State; and in all other cases in the name, for the use, and at the request of the party injured The bond shall not become void by a first or any other recovery, but may be put in suit and recoveries had, as often as any breach of the conditions thereof shall happen; provided, the securities shall not be liable for more than the penalty of the bond (Act 301, 1855, 366).

[Acting Without Qualifying.]

3540. Any person who shall presume to act as sheriff before he shall have qualified according to law, shall forfeit R. S. 3541- Act 168, 1898 and pay five hundred dollars. Should any sheriff or collector of taxes, after receiving his commission from the Governor proceed to exercise any of the duties, or avail himself of any of the rights appertaining to his office as collector, or as sheriff, before giving all the bonds and security required by law for the collection of taxes, or discharge of duties as sheriff, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than one thousand dollars, and imprisoned not less than six months, at the discretion of the court.

[Shall Attend All Courts, etc.]

3541. It shall be the duty of each sheriff or deputy, to attend every court that shall be held in their respective parishes, to execute all writs, orders, and process of the court or judge thereof that may be issued, to them directed; and do and perform all other duties that may be required of them by law.

Each sheriff shall moreover be keeper of the public jail of his parish, and shall, by all lawful means, preserve the peace and apprehend all disturbers thereof, and other public offenders. They shall also attend on the Supreme Court when sitting in their parish.

R. S., 1034, 1035.. Collection of forfeited bail, fees, pp. 482, 483.


Act 168, 1898, p. 327. An Act requiring sheriffs to attend the sittings of the District Courts,

providing for their compensation and repealing all laws in con flict.

Be it enacted by the General Assembly of the State of Louisiana, That the sheriffs throughout the State shall attend the sittings of the District Courts in their respective parishes, either in person or by deputy, and for each day that he shall actually attend a sitting of the court he shall receive the sum of five dollars, to be paid on the war. rant of the judge out of the parish treasury, except in the parish of Orleans.

Be it further enacted, etc., That all laws in conflict with this act are hereby repealed.


Act 25, 1900, p. 31. An Act to provide for compensation to sheriffs for attendance on the

Courts of Appeal, and the manner in which same shall be paid. SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That the sheriff shall receive for attendance on the sessions of the Court of Appeal, when in actual session in their respective parishes, five dollars ($5) per day, to be paid in the country parishes, out of the parish treasury, and in the parish of Orleans by the city of New Orleans, and the city council of the city of New Orleans is hereby directed to budget for the payment of the civil sheriff in accordance with the provisions of this act.

SEC. 2. Be it further enacted, etc., That all or parts of laws in conflict with or contrary to the provisions of this act be and the same are hereby repealed.

Sec. 3. Be it further enacted, etc., That this act shall take effect from and after its passage.



Act 22, 1902, p. 31. An Act to provide for compensation to sheriffs for attendance on the

Circuit Courts of Appeal and District Courts and the manner in

which same shall be paid. SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That the sheriff's in the country parishes shall receive for attendance on the Circuit Courts of Appeal and District Courts. when in actual session in their respective parishes, five dollars ($5) per day, payable out of the treasury of the parish ; and civil sheriff of the parish of Orleans shall receive two dollars and fifty cents ($2.50) per day for each day's actual session of each division of the Civil District Court for the parish of Orleans, to be paid by the city of New

R. S. 3542-3547
[May Appoint Deputies.]

3542. The sheriff is authorized to appoint as many deputies as he may think necessary, to be sworn in by any officer rested with the power of administering oaths.

Const., 142. Appointment of deputies in Orleans.
C. P., Art. 764.

A minor appointed a deputy sheriff is a de facto officer, and service made by him is not illegal. Irving vs. Edrington, 41 An. 671. [May Administer Oath to Appraisers.]

3543. The sheriffs and their deputies are authorized to administer the oath required by law to all appraisers of property under seizure, sequestration, or order of attachment; for such service they shall not be entitled to any compensation, and this privilege shall not extend further than the objects mentioned.

C. P., Art. 770. [May Call for Posse Comitatus.]

3514. Every sheriff shall have the power to call for the aid and command the services of every able bodied inhabitant of his parish to preserve the peace in cases of riot, to execute the process of court in cases where resistance is made or threatened; and every person so called, who shall refuse to render such assistance, may be punished by fine, at the discretion of the court, not exceeding twenty-five dollars.

C. P., Art. 762.

[Executing Writ of Predecessor.]

3545. After the sheriffs and coroners newly elected shall have entered upon the discharge of their duties, they shall have power to carry into execution all writs and judicial orders directed to their predecessors, and not definitely acted upon by them, and to make thereon all necessary returns.

See R. S., 3585.

A sheriff who, under executory process, had sold property, went out of office before its delivery to the purchaser. Held: That it devolved upon his successor to complete the transaction. Marx et al. vs. Sheriff, 108 La. 140.

3546. Against what sheriffs and sureties may prescribe. See Sec. 2816.

3547. Who may sell at auction. Sheriff may when no auctioneer in parish. Penalty for violation. See Sec. 144.

R. S. 3548-3571 3548 to 3552. Who may make judicial sales. Proces rerbal is authentic act. Recording thereof. Judicial sales in certain parishes, when made. See Secs. 3396 to 3398, 3401, 3402.

Sheriff's deed, what is sufficient description. Bryant et al. vs. Wisner, 44 An. 832; and see McCall vs. Irion et als., 41 An. 1126; Alexander et al. vs. Bour. dier & Bellesein, 43 An. 321.

3553. Defendant may bond attachment. Return of bond into court. Objection to sufficiency, etc. See C. P., Art. 259.

C. P., Art. 259. Objection may be made in same time as to bail bonds. R. S., 3553 says twenty days. See C. P., Art. 226

C. P., Art. 259. Grants right to bond only in attachment R. S., 3553, in sequestration and provisional seizure. But see C. P., 279, 287.

See Act 19, 1877. Plaintiff may bond provisional seizure, printed at p. 1343. 3554. May administer oath to appraisers of property seized. See C. P., Art. 770.

3555. Coroner acts when office of sheriff is vacant. See Sec. 662.

3556. Service of process, when sheriffs and coroners are interested. See Sec. 641.

3557 to 3559. Fees to be endorsed on process returned into court. Sheriff and clerk on leaving office to file bills for fees due them. What are taxed costs. See Sec. 748 to 750.

3560 to 3566. Costs and fees, mileage. Commissions when there is no sale. Posting fee bill. Compensation in criminal matters. Mileage for conveying prisoners, how computed. Accounts, how made out and presented. See Secs. 762 to 768.

3567. Convicts sentenced to hard labor to be taken to penitentiary. See Sec. 2847.

3568 Duty of clerk and sheriff when change of venue has been awarded. See Sec. 1024.

3569, 3570. Appearance of accused not to exonerate surety, who can be released only by surrender of accused to sheriff. Judgment and execution on bond as in civil cases. See Secs. 1033, 1034. [Surrender of Principal by Bail.]

3571. Whenever any bail shall desire to surrender his prin

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