Act 140, 1888-R. S. 3723

SEC. 2. That the production by the purchaser of an order of an administrator, executor, tutor or syndic to transfer said bonds and shares or certificates of stock, and of a certified copy of the order of court ordering said sale, shall be sufficient warrant for the transfer thereof.

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 That all laws or parts of laws in conflict herewith be and are hereby repealed.

Transfer of balance in bank. Act 112, 1894, printed at p. 119.

COPIES OF INVENTORIES.

Act 140, 1888, p. 197.

AN ACT relative to inventories of successions in the parish of Orleans.

SECTION 1. That duly certified copies of original inventories of a succession taken in the parish of Orleans may be returned into the court having jurisdiction of the settlement of the succession, and when returned may be admitted as proof in courts of justice.

SEC. 2. That all laws or parts of laws contrary or inconsistent with the provisions of this act be and the same are hereby repealed.

Act 33, 1870. Fees of experts and appraisers in taking inventories of successions, printed at p. 318, title "Costs and Fines.''

The act is not applicable to appraisers in insolvencies. Mullen vs. His Creditors, 39 An. 398.

See Act 11, 1884. Failure of administrator, etc., to file account when ordered declared a misdemeanor, printed under title "Tutor."

See Act 15, 1882. Orders relative to successions which district judges may make in chambers, printed at p. 940.

66

See titles "Administrator,'' Executor," " "Minor, "Women," "Tutor.' See Act 60, 1898. Deposit of funds, discharge of administrator, printed under title "Insolvent Laws,

p. 829.

SURETY.

3720 to 3722. When sureties residing out of parish may. be received. Judge to pass on sufficiency. Jurisdiction of suits on such bonds. See R. C. C., Art. 3042.

[Subrogation of Surety on Twelve Months' Bond.]

3723. Whenever a person bound as security upon a twelve months' bond, has paid the same, he shall be subrogated to all the rights which the original creditor had at the time such bond was given, or at the time the bond is paid by such security; provided, however, that this section shall only apply

R. S. 3723-3736

where the property has been adjudicated to the defendant in the judgment, and he is the principal upon such twelve months' bond.

R. C. C., Art. 1261.

3724. Suits against sureties on bonds of appeal, tutor, etc., shall not be instituted until the necessary steps have been taken against principal. See R. C. C., Art. 3066.

Before suit can be brought on the bond of an administrator, the necessary steps to compel payment by the principal must be exhausted. These steps include the record of the final judgment, the return of execution nulla bona after diligent effort, and calls on all the parties. Hayes et als. vs. Dugas et als., 51 An. 447. (The earlier cases are cited in in the opinion.)

3725, 3726. Execution on official bonds. Property of surety shall not be proceeded against, until that of principal is discussed. Sureties may stipulate amount of liability. See Secs. 354, 355.

3727 to 3729. Cancellation of official bond. given. Proceedings when opposition is made. to 361.

Notice to be See Secs. 359

3730. Amending Art. 227, C. P., so as to make term for excepting to surety twenty, instead of ten days, etc., now incorporated in C. P., Art. 227.

3731. Liability of surety to be tried summarily and without intervention of jury, unless surety deny signature. See C. P., Art. 235.

3732. Defendant may bond attachment. Sequestration. Provisional seizure. Return of bond into court-objection to sufficiency, etc. See C. P., Art. 259.

See note to Sec. 3553, which is like Sec. 3732.

3733. Clerk and sheriff may demand costs every six months. See Sec. 753.

3734. Appearance of accused not to exonerate surety, who can be released only by surrender of accused. See Sec. 1033.

3735. On trial of injunctions. Judgments may be rendered against principal and surety, etc. See Secs. 1754, 1755.

3736. Liability of surety on appeal bond. See Sec. 1908. which has been superseded by acts printed there.

R. S. 3737-Act 46, 1880

3737. How sureties on bond of administrator may be released. See R. C. C., Art. 3069.

3738. Principal shall first file new bond, etc. See R. C. C., 3070.

3739. Widows and unmarried women may bind themselves as sureties. See Sec. 3084.

RELIEF FOR SURETIES ON OFFICIAL BONDS.
Act 46, 1880, p. 46.

AN ACT for the relief of securities on official bonds in all cases where good and sufficient cause is shown, and authorizing courts to require new bonds.

SECTION 1. That whenever a surety or sureties on any official bond, either State or parochial, shall have good cause to fear that the officer upon whose bond he or they may be sureties will render them liable upon said bond by reason of his misfeasance, malfeasance or neglect of official duties, it shall be and is hereby declared the privilege of said surety or sureties, by rule upon said officer, to cause him to appear before any court of competent jurisdiction to show cause why said surety or sureties should not be released from further liability upon said bond. Said officer shall be allowed ten days after service of said rule within which to answer the same, and upon the trial of said rule, if the court should be satisfied that the apprehensions of the said surety or sureties are well founded, then and in that event a decree shall be entered up requiring said officer to execute, within a time to be fixed by the court, which time shall not be less than ten nor more than twenty days after final judgment, a new bond to be made and executed according to existing laws, and further decreeing the release from all liability of said surety or sureties upon said bond from and after the expiration of the time allowed to give a new bond.

SEC. 2. That in case the said officer fails or refuses to give a new bond, with good and sufficient security, within the time prescribed by the court, he shall be ipso facto deprived of said office.

SEC. 3. That all suits brought by any surety or sureties, under this act, shall be preference cases and tried summarily and without the intervention of a jury.

See Act 136, 1880.

Defendants may demand surety for costs (Sec. 4), printed at p. 301; Act 203, 1898, printed at p. 290.

See Act 41, 1894. Guaranty companies may be surety, etc., printed at p. 896. "Appeal," "Attachment," "Bonds," "Sequestra

See titles "Sheriff,''

tion."

R. S. 3740-3742

SURVEYOR.

[Appointment, Bond, etc.]

3740. There shall be a surveyor nominated, and by and with the advice and consent of the Senate, commissioned by the Governor, for each parish of the State, who shall reside in the parish of his appointment. The one appointed for the parish of Orleans shall be ex-officio Surveyor General of the State. Before they enter on the duties of their office, they shall take the constitutional oath well and truly to execute and perform the duties of their office; and, moreover, shall give bond, with good and sufficient security, to be approved according to law; the Surveyor General in the sum of six thousand dollars, and the other surveyors in the sum of two thousand dollars, payable to the Governor and his successors in office, and conditioned for the due performance of the duties of their office (Act 328, 1855, 456).

PARISH SURVEYOR-DEPUTY.

Act 146, 1874, p. 262.

AN ACT to allow each parish surveyor to employ a deputy surveyor.

SECTION 1. That each parish surveyor may employ a deputy surveyor, who shall be empowered to do all acts which the parish surveyor is empowered to perform, and be liable to the same penalties as the parish surveyor.

SEC. 2. That all acts and parts of acts which are contrary to the provisions of this act are hereby repealed, and that this act shall take effect from and after its passage.

[Qualification of Surveyor General.]

3741. Besides the scientific knowledge requisite for the profession, the Surveyor General shall possess a thorough knowledge of the English, French, and Spanish languages; he shall keep his office in New Orleans in a fireproof house (Act 328, 1855, 456).

[His Salary.]

3742. The Surveyor General shall receive an annual salary of six hundred dollars. He may appoint one or more deputies at his own expense and responsibility.

R. S. 3743-Act 108, 1890
[Duties of Parish Surveyor.]

3743. It shall be the duty of the said surveyors faithfully to execute all orders of survey directed to them by any of the courts of this State, and to make all surveys of land lying in their respective parishes, and to which the United States have no claim, at the request of the owners or proprietors thereof, and generally to do whatever in surveying, measuring and dividing of lands may be required of them by any person, wishing the same done; and in all their measurements they shall be governed by the English perch or pole; provided, however, that in the plans and certificates of survey which they shall make out, they shall be bound to add to every designation of an English measure the relation it bears with the measure formerly used in this State.

[Fees, by Whom Paid, etc.]

3744. The fees chargeable by the surveyors shall be paid by the party desiring their services; and where the services shall be rendered in obedience to an order of a court in a suit therein depending, the surveyor shall make and state an account of his fees for service, written in words at the full length on the back of one of the plats returned by him to the court, and the same shall be allowed in the bill of costs to be taxed against the losing party as other costs; but where it shall appear that the survey, or any part thereof, was made at the instance of the party cast in the suit, so much of the said fees as accrue on the work done by the surveyor for such party shall not be taxed.

MAY DO WORK OUTSIDE OF PARISH.

Act 108, 1890, p. 143.

AN ACT to authorize and empower parish surveyors to perform work

SECTION 1.

in parishes outside of their territorial limits.

ish of Orleans excepted, are hereby authorized and empowered to do any work pertaining to their office in any of the parishes of the State, whether they reside in the parish where such work is done or not. That where any surveying or work pertaining to the office

That any of the parish surveyors of the State, the par

SEC. 2.

of parish surveyor is done by any parish surveyor outside of the parish where such surveyor resides or holds his office such work shall be as legal and binding as if done by the surveyor residing and holding his office in such parish.