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R. S. 3572-3579 is to appear, for a writ to the sheriff to take said accused into his custody, and said clerk shall issue such writ, and the bail, upon the return of said writ by the sheriff that he has the said accused in custody, shall be released from all liabilities on his said bail bond; provided, nothing in this act shall be so construed to prevent said bail from taking said accused and delivering him into the custody of the sheriff without said writ to the said sheriff.
See Sec. 1033.
3572. Coroner acts when office of sheriff is vacant. See Sec. 652.
3573. Commission on execution. See Sec. 1035.
3574. Interdiction of insane persons. Transportation by sheriff to Insane Asylum. Compensation. See Sec. 1768.
3575. Sheriff or coroner may adjourn court in absence of judge, etc. See Sec. 1934.
3576. Justices of the peace may employ sheriff in all cases. See Sec. 2096.
See Act 29, 1896. When justices may employ sheriffs. Printed under Soc. 2096.
3577, 3578. United States prisoners to be received. Compensation for keeping them. See Sec. 2841, 2842.
[Seizure of Property of Third Persons.]
3579. In all cases wherein the sheriffs or constables of this State may have seized or may be required to seize any personal property, by virtue of any mesne or final process issuing from a court of competent jurisdiction, and which property shall be claimed by a third person as owner, either personally or in a representative or fiduciary capacity, it shall and may be lawful for him, upon giving the notice to the plaintiff or his attorney, and allowing due time for the execution thereof, to demand a bond of indemnity, signed by the plaintiff or his attorney, with solvent security in an amount double the value of the property seized, conditioned for the payment of all damages which said sheriff or constable may sustain in case such third person should be adjudged the owner of said property; provided, that before any bond of indemnity can be required
R. S. 3580-3583
of the plaintiff, the third person claiming the property or his attorney having personal knowledge of the facts, shall make affidavit that he is the real bona fide owner of such property, either personally or in such representative or fiduciary capacity as aforesaid, and shall therein fully set forth all the facts on which his title or claim of ownership is based (as amended by Act 37, 1882, p. 50).
Where a third person claims the ownership of the goods seized, the sheriff may exonerate himself from liability, by requiring the third person to make affidavit to the ownership, and then requiring the seizing creditor to give an indemnity bond. His failure to do this exposes him to suit for damages. Macias vs. Sheriff, 41 An. 300. The failure of the claimant to make the affidavit, on her own motion, will not avail the sheriff. Id.
See Act 6, 1894. Civil Sheriff of Orleans may test surety on all bonds, printed at p. 1768. [Assignment of Bond.]
3580. It shall and may be lawful for the said sheriff to assign by his indorsement the said bond to the person or persons claiming the said property, who may maintain an action thereon, and may recover such damages as they may be found to have sustained, and after said assignment no action shall be brought against the sheriff on account of the said seizure unless the obligors of said bond be insolvent (Act 237, 1858, 116). [Failure to Give Such Bond, Consequences.]
3581. In case the plaintiff or his attorney, upon the notice being given required by this act, shall fail or refuse to give said bond of indemnity, then it may be lawful for the sheriff to deliver up said property to the person in whose possession the same was originally seized, and shall not be responsible to the plaintiff for any damages for so doing. [Who May Be Surety.]
3582. Any resident of the State of Louisiana, who shall possess the necessary pecuniary qualifications, shall be received as surety upon any bond of indemnity (Act 118, 1859, 94).
R. S. 3584-3598
to be executed, the solvency and sufficiency of such surety shall be approved of by a judge of the district, or by the recorder of the parish within which the surety resides. [Assignment of Bond to Creditor.]
3584. It shall be lawful for the sheriff to assign, by his indorsement, such bond taken under the provisions of this act, to the person or persons claiming the said property, who may maintain an action thereon, and may recover such damages as they may be found to have sustained, and after such assignment no action shall be brought against the sheriff on account of the said seizure; provided, that the principal and security on such bonds shall be liable to be sued on the same in the parish where the process may have been executed.
[To Make Acts of Sale for Adjudications by Predecessor.]
3585. In all cases where a sheriff shall have adjudicated any real estate to any purchaser, by virtue of a writ of fieri facias or of seizure and sale, and the said sheriff shall die, resign or be removed from office, without having passed an act of sale, to such purchaser, it shall be lawful and the duty of his immediate or other successor in office to pass such act of sale, and to have the same recorded as directed by law (Act 263, 1867).
See R. S. 3545 and note, p. 1757. 3586, 3587. Adjournment of parish courts and attendance on them. Parish courts abolished by Constitution 1879. * 3588. Appraisement of property, when lessee desires to bond provisional seizure. See Code of Practice, Art. 287.
C. P., Ayt, 287, contains that part of R. S. 3587 which relates to the bonding by the lessee of property provisionally seized, and all of R. S. 3588.
3589 to 3596. Must make arrests forthwith; may call for assistance. Return of writ. Fine for neglect of duty in criminal and civil matters. Supervisory powers of judges. Liability to damages for failure to serve process. Neglect of clerks. Forfeiture of fees. See Secs. 1083 to 1090.
3597, 3598. Compulsory attendance of witnesses to answer commissions to take testimony. Service of subpoenas. See
Secs. 618, 619.
R. S. 3599-3619 3599. Fees for services. See Sec. 759.
3600 to 3607. Assessment of property, census, copies of rolls, affidavit to rolls. Fees. In case of failure, Auditor may appoint. Failure to deliver assessment. Property of unknown persons. See Secs. 3275 to 3282.
3608. Preparation of assessment rolls in parishes where assessment has not been made since 1866. See Sec. 3291.
3609. Closing of drinking saloons on days of election. See Sec. 1395.
3610. Manner of drawing juries, Orleans excepted. Sheriff member of Board.' See Sec. 2127.
3611, 3612. Provisions and clothing which shall be furnished to prisoners. See Secs. 2836, 2837.
3613. Ca. sa. to issue against sheriff or other public officer when judgment for money received in official capacity is returned, “no property found.” See Sec. 3444. C. P. Art. 730.
3614. Copy of any deed of conveyance by sheriff, etc., is as copy of authentic act; how copy may be recorded when original lost. See Sec. 1455.
3615, 3616. Officers authorized to convey real estate shall not execute act, without production of receipt for all taxes. Penalty for violation. See Secs. 2519, 2520.
3617. Sheriff in Orleans must record all judicial sales of real property. See Sec. 3405.
[Lists of Real Estate Sold, to be Furnished Assessors.]
3618. It shall be his duty every month to transmit to the Board of Assessors a list of all the real estate, situated in the parish of Orleans, seized and sold by him, which list shall contain the names of plaintiffs and defendants, the name of the purchaser and the size and situation of the property sold. [Fine for Violation of Section 3618.]
Act 90, 1902–R. S. 3621
Act 90, 1902, p. 142. An Act requiring sheriffs of the parishes comprised within the various
levee districts of this State to furnish quarterly to the secretary of the Levee Board of their respective district duplicates of their reports and settlements with the State Auditor in so far as said
reports and settlements deal with levee taxes. SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That the sheriffs of all parishes comprised within any levee district of this State be and they are hereby required to furnish quarterly to the secretary of the Levee Board of the respective parishes a duplicate copy of their reports to and settlement with the State Auditor in so far as same have reference to any levee taxes in said districts.
SEC. 2. Be it further enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed.
[No Transfer of Real Estate Until Taxes Are Paid.]
3620. Neither the sheriff nor the notaries of the parish of Orleans shall pass or execute any act for the sale, transfer or exchange of any real estate situated within said parish, unless the State, parish and municipal taxes due on the same be first paid, to be shown by the tax collector's receipt, and certificate
to that purpose.
See Act 170, 1898, Sec. 74, printed at p. 1541.
[Penalties for Violation of Section 3620.]
3621. The sheriff or notary public violating the provisions of the preceding section shall, upon conviction thereof, be fined in a sum not less than fifty nor more than two hundred dollars for each violation, to be recovered by the district attorney for the use of the free schools of the parish of Orleans.
See Sec. 2520. c'onst., Art. 198.
The sheriff sold certain property, which he had seized under executory process, and before executing title to the adjudicatee, took a rule on the intervenors and opponents in the case to show cause why he should not make title. Held, that under the circumstances shown on the trial of the rule, it was properly made absolute, but the respective rights of the various defendants in rule, to the proceeds, remain, and the parties can exercise their rights against it, as well as they could against the property. Mendelsohn vs. Blaise, 52 An. 857.
The sheriff has standing in court to set aside an adjudication at a judicial sale, where the adjudicatee fails to pay the price, and he may proceed by rule.