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R. S. 3639— Act 156, 1894 in existence in the State, or that may hereafter be adopted, said sheriff shall have the right before accepting the surety, to have his solvency and qualifications passed upon by the court, contradictorily with the parties in interest, which proceeding may be heard by the court either in open court or at chamber3, and after three days' notice.

SEC. 2. That if the court finds that the surety is solvent and possessed of the qualifications prescribed by law, the bond shall then be made in favor of the parties to the case, and said sheriff be relieved of all responsibility.

Sec. 3. That the sheriff may accept the surety without referring the matter to the court, in which case the provisions of existing laws in reference to the assignment of the bond, its return into court and proceedings to impose liability upon the sheriff shall apply.


Act 156, 1894, p. 196. An Act providing that the sheriffs of the several parishes of the State

of Louisiana, the parish of Orleans excepted, may keep constantly on hand track or trailing dogs, not to exceed four in number, for the purpose of tracing and pursuing fugitives from justice, and

to provide for the purchase and maintenance of the same. SECTION 1. That the sheriffs of the several parishes of the State, the parish of Orleans excepted, may with the approval of the District Judge keep constantly on hand track or trailing dogs, not to exceed four in number, for the purpose of tracing and pursuing criminals and fugitives from justice.

SEC. 2. That the said dogs shall be purchased and furnished by the sheriff's at the expense of the parish at a price not to exceed forty dollars per dog ; each sheriff shall be allowed by the parish four dollars per month for the keeping, maintenance and training of said pack of dogs.

Act 11, 1880. Not permitted to be bondsman, printed at p. 1190.
Act 33, 1880. Deposit of money, etc., printed at p. 186.
Act. 111, 1880. Office building, etc., printed at p. 938.
Act 132, 1880. Stationery, how supplied, printed at p. 1389.
Act 135, 1880. Removal from office, printed at p. 1193.
Act 136, 1880. Fees in Orleans, printed at p. 308, et seq.
Act 106, 1884. Not to hold certain offices, printed at p. 1196.
Act 57, 1888. Extortion in office, printed at p. 1191.
Act 25, 1892. Transportation of lepers, printed at p. 1013.
Act 33, 1894. To list for taxation property which came into parish after

completion of rolls, printed at p. 1598. Act 36, 1894. To make reports of public funds disbursed, printed at p. 1197.

R. S. 3640-Notes

SLANDER AND LIBEL. [Defense in Civil Suits.]

3640. Whenever any civil suit for slander, defamation, or for a libel, shall be instituted in any court of this State, it shall be lawful for the defendant to plead in justification the truth of the slanderous, defamatory or libelous words or matter, for the uttering or publishing of which he may be sued; and in the trial of the issue in such suit, to maintain and prove his said plea by all legal evidence (Act 311, 1855, 394).

3641. Defense in criminal prosecutions, truth may be urged. See Sec. 989.

Const., Art. 179. 3642. Clients are not liable for slanderous words uttered by attorney, but attorney is. See Sec. 123.

3643. Penalty for slander, etc. See Sec. 804.


Beginning with Act 3, 1874, the Legislature has enacted many acts relating to this subject. There are also constitutional provisions in existence. The force and effect of the legislation has largely, at least, been exhausted, and, at best, it was of interest to comparatively few individuals. The acts are, therefore, not printed in full. It is, however, proper in a work like is, to make some reference to the legislation on the subject, and a short synopsis of the acts is given. Those which establish a permanent rule of conduct for the Board of Liquidation, etc., are printed in full.

Act 3, 1874, p. 39, as amended by Act 58, 1877, p. 77, and Act 77, E. S. 1877, p. 113, created the Board of Liquidation of the State Debt; provided for the issue of Consolidated Bonds," at the rate of 60 cents on the dollar, for the outstanding warrants and bonds; limited the amount of the debt to $15,000,000, etc., and repealed all previous laws on the subject.

There is much jurisprudence on the subject. The leading cases decided since 1885, and citing almost all previous cases, are Adams vs. Board, 39 An. 689; Jardet vs. Board, 40 An. 379; Buckingham vs. Board, 39 An. 343; Id. 327; Id. 654; Charles vs. Board, 41 An. 240; Hope vs. Board, 43 An. 783; State er rel. R. S. 3642-Notes legal, etc. The power granted to the court is limited to this investigation, which it must make, whether they are in the hands of the original payees or in those of third innocent purchasers. The bonds ed by the State under Act 31, 1870, are not legal and valid, because the New Orleans, Mobile and Chattanooga R. R. Co., in aid of which they were issued, defaulted in its undertaking, and the default was judicially declared. Wright vs. Board of Liquidation, 49 An. 1213.

Act 4, 1874, p. 42, proposed to submit an amendment to the Constitution, declaring that the issue of the consolidated bonds provided for in Act 3 should constitute a contract between the holder and the State. This amendment was adopted.

Act 11, E. S. 1875, p. 110, supplemented Act 3, 1874, in various ways; prohibited the funding of certain bonds, and provided that the validity of others should be passed on by the Supreme Court.

See Charles vs. Board, 41, An. 240; Adams vs. Board, 39 An. 689; Jardet vs. Board, 40 An. 379.

Act 28, E. S. 1878, p. 10 of Acts 1879, provided for reimbursement of the "F'iscal Agent” for the loans made under Acts 58 and 77 of 1877, amending Act 3, 1874.

Const. 1879. "State debt ordinance."

The interest on consolidated is fixed at 2 per cent. for five years, 3 per cent. for fifteen years, and 4 per cent thereafter. Holders of bonds are, however, given the option to exchange - Consolidated Bonds” for another class of bonds to be issued at the rate of 75 cents on the dollar—the new bonds to bear 4 per cent. net from date of issue.

See cases supra.

Act 76, 1882, p. 96, submitted an amendment, adopted at the election of 1884, by which the rate of interest for five years, from January 1, 1880, was fixed at 2 per cent., and 4 per cent. thereafter. In the original ordinance, and in the amend. ment, it is provided that not exceeding three mills shall be levied as an annual tax to meet the interest on the bonds; provided, that the bonds shall have the changed rates of interest stamped on them, etc.

Act 121, 1880, p. 154, contains provisions to carry into effect the "State Debt Ordinance" of the Constitution of 1879.

Act 65, 1892, provides for the issue of newly engraved bonds, their exchange for valid consolidated bonds, “the object of the act being to provide a bond free from alterations stamped thereon, and to exclude from circulation” certain invalid bonds. A board of audit is created to carry into effect the provisions of the act.

See Act 16, 1875, p. 47.

For the payment of interest, various provisions have been made from time to time in the followirig acts:

Act 16, 1879, p. 31. An Act to provide pro rata payments of the interest tax fund to the

holders of all coupons of consolidated bonds, in cases where said interest tax fund is insufficient to pay said coupons in full.

Act 3, E. S. 1882, p. 50. An Act relative to the interest on consolidated State bonds, and pro

viding for the payment thereof, from the first day of January, one thousand eight hundred and eighty, to January first, one thousand eight hundred and eighty-five, inclusive, as the same matures.

R. S. 3643- Acts Act 77, 1882, p. 98. AN Act to provide for the funding of the interest fund now in the

hands of the fiscal agent of the State, and to accrue, into bonds of the United States government, and to provide for the payment of the reduced interest due or to become due on the bonds of the State.

Levy of tax for payment of interest and transfer of remaining balances, to-
Act 77, 1880, Sec. 4, p. 88, to “Free Public Schools.'
Act 91, 188%, Sec. 87, p. 244, to “General Fund.”
Act 107, 1884, Sec. 5, p. 138, to “Current School Fund.”
Fisber vs. Steele, 39 An. 447.
Act 98, 1886, Sec. 92, p. 161, to General Fund.
Act 89, 1888, Sec. 89, p. 140, to “General Fund."
Act 178, 1894, Sec. 1, p. 221, amends Sec. 89 of 1888.

See also Act 75, 1882, p. 96, transferring excess of tax to pay interest collected for certain years to the general fund of those years, “to be used in the payment of unpaid warrants drawn on the general fund” for those years.

In General.—Bonds fraudulently issued and put into circulation by the State Treasurer do not impose liability on the State (Pugh vs. Moore, 44 An. 209; Herwig vs. Richardson, Id. 703), even if it be in the hands of an innocent purchaser (State vs. Hart, 46 An. 40 [cases supra), and purchaser must refund interest collected on such bond. Id.)

Act 52, 1896, p. 85, submitting to the voters the issue whether a constitutional convention should be held, provided (Sec. 1) that the election, etc., should be had upon the following ierms and conditions:




"Sec. 3.

provided, however, that the said convention shall be, and is hereby prohibited from, making, ordaining or framing any article or ordinance:

Whereby the bonded indebtedness of the State, or of any parochial, municipal, levee or other political corporation thereof, shall be affected, impaired or sealed [scaled), or the principal or interest thereof remitted, reduced, suspended or abolished, without the consent of the holders of such bonds or security."

In State ex rel. Fortier vs. Capdevielle et als., 104 La. 564, the court held: "The people, when they voted for the holding of the convention, voted for it to be held in accordance with Act 52 of 1896,! thus instructing their delegates, elected at the same time, to observe the limitations placed upon the power of the convention by the act of the Legislature."



Act 97, 1884, p. 124. An Act to authorize the Board of Liquidation to contract with and

require the fiscal agent or agents to pay the warrants of the State and the interest upon the consolidated and constitutional bonds of the State, and limiting the rate of interest to be allowed upon

such advances. SECTION 1. That in addition to the authority conferred by existing laws the Board of Liquidation be and are hereby authorized to contract

R. S. 3643— Act 15, 1886 with and require the fiscal agent or agents of the State to advance such sums as may be necessary to pay all warrants issued for the expenses of the General Assembly, constitutional officers of the State, public and charitable institutions of the State and warrants for the general expenses of the State government drawn against the general fund for the first six months of each year. · Also, such sums as may be required to pay the interest upon the consolidated and four per cent. Constitutional bonds of the State, maturing on the first of July and the first of January of each year. The rate of interest to be paid on said advances shall not exceed five per cent. per annum, and shall only be allowed upon such sums as may be advanced in excess of the cash balances at the credit of the respective accounts that may require said advances.

SEC. 2. That said board is hereby further authorized, if found practicable, to extend the provisions of this act so as to provide for the prompt payment of all warrants which may be issued for each fiscal year in conformity with law.

Sec. 3. That the Board of Liquidation shall have power to select as fiscal agent one or more incorporated banks in the State, not exceeding four in number, which, should there be more than one such bank selected, the State deposits shall be partitioned as near as may be by accounts. The proportion to the respective capital of banks so selected and the obligations imposed by this act shall be assumed by said banks in same proportion.


Act 15, 1886, p. 23. An Act to authorize the Board of Liquidation to contract with any

bank or banks, or capitalist, to pay the interest on the consolidated or Constitutional bonds of the State and the warrants drawn

against the general fund and expenses of the General Assembly. SECTION 1. That, in addition to the authority conferred by existing laws, the Board of Liquidation be and is hereby authorized to contract with any bank or banks, or capitalist, to advance such sums as may be necessary to pay the interest on consolidated and Constitutional bonds maturing on the first of July and January of each year, and to advance such sums as mayy be necessary to pay the expenses of the General Assembly and warrants drawn against the general fund.

SEC. 2. That all laws or parts of laws in conflict with this act are hereby repealed.

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