REVISED LAWS.

ABSENTEES.

[Curator of Absentee, Duties, etc.]

1. That whenever the curator or attorney in fact of an absentee shall apply to the court, by a petition made under oath to the best of his knowledge and belief, setting forth that the absentee has not been heard from for the space of ten years, and that he has no heirs known to him residing in the State; or when such facts relative to any absentee shall be known to the judge of the court, or due and satisfactory proof of the facts aforesaid shall be made to him by any other person than the curator or attorney in fact, it shall be his duty in all such cases to order the sale of the property of such absentee in the same manner, and on the same conditions, and the funds to be paid into the State treasury in the same manner, as in cases of vacant successions (Act 2, 1855, 2).

R. C. C. 53, 1049, 1195, 1653; C. P. Arts. 254, 994, 995.

R. S. 2810 and Act 148, 1898, p. 262, printed there.

Laws relating to absentees must be strictly construed, and all formalities observed. Stockton vs. Hasleech, 10 M. 474; Hill vs. Barlow, 6 R. 142.

Representative of absentee may prosecute partition suit, sell portion allotted, paying proceeds into State Treasury. Wilson vs. Smith, 14 An. 368.

A curator ad hoc may be appointed to represent an absent heir, in a suit for partition by another heir in which he attacks a transfer of immovable property made by the common ancestor, as a simulation. Wunzel vs. Landry, 39 An. 312. See also Mason vs. Benedict, 43 Án. 397; Young vs. Upshur, 42 An. 362; Durruty vs. Mussachia, 42 An. 357;-in all of which cases the absentee was represented by a curator ad hoc, as the action was held to be in rem. Where the absentee owns immovable property situated in this State, attachment thereof is not a prerequisite to bringing him into court. Penn vs. Evans, 28 An, 576 (where the earlier cases are cited); O'Hara vs. Booth and Connell, 29 An. 820; Bartels vs. Souchon, 48 An. 783. He is properly represented by a curator (ibid), who need not take an oath. Wolverton vs. Stevenson, 52 An. 1147. Return of service. State vs. Reid, 50 An. 170. Residents of France inheriting property in this State are represented by the French consul or his delegate; the court need not appoint any one to represent them. Suc. of Rabasse, 47 An. 1452. Service in attachment proceedings against absentees. Elder vs. Ludeling, 50 An. 1077.

2. Prescription as to non-residents and absentees. See Sec. 2810.

3. In absence of principal; agent, etc., may make oath, etc. See C. P., Art. 216, part 2.

R. S. 3-Act 23, 1900

JURISDICTION OVER ABSENTEES.

Act 23, 1900, p. 29.

AN ACT to confer upon the courts of this State, jurisdiction over absent defendants; and to provide for the citation and service thereof upon defendants beyond the limits of the State.

[When Jurisdiction is Given.]

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That whenever any person shall do or transact any business, of any nature whatsoever, in this State, either personally or through an agent or other representative, and a cause of action shall arise or grow out of said business, in favor of any other party, and the person against whom such cause of action shall arise should afterwards leave the State, he may be sued thereon in any court of the parish in which said business was had or transacted, having jurisdiction as to the amount sued for. [How Citation Shall Issue.]

SEC. 2. Be it further enacted, etc., That in any suit or action brought or instituted under the provisions of section one of this act, citation shall issue to the defendant therein in manner and form as now provided by Article No. 179 of the Code of Practice save that it shall allow thirty days for the delivery of defendant's answer if service be made upon him within the United States, and sixty days after he be served with citation, if in any foreign country.

[How Service May Be Made.]

SEC. 3. Be it further enacted, etc., That in any suit brought or instituted under the provisions of this act, service of citation may be made upon the defendant by the delivery to him of the petition and citation by any person over the age of twenty-one years; the party making such service to make due return of the same to the court from which the citation issued, which shall set forth the date and place of the service, with the express declaration that it was made by delivering the petition and citation to the defendant in person; the said return to be sworn to before any Notary Public of the State of the Union in which service shall have been made, or before any Minister, Consul, Vice Consul Charge d'Affaires, or Commercial Agent of the United States, exercis ing the functions of his office, in the foreign country in which such ser vice has been made.

Const., Art. 264. C. P., Art. 165, as amended by Act 22, 1894, p. 25.

Act 105, 1898, Art. II, Sec. 1. Service on foreign insurance companies is made on Secretary of State, printed under title "Insurance Companies." Effect of act on right to attach property of non-residents. Gilmer, 110 La.

Hornbeck VS.

4. The money accounts of this State shall be expressed in dollars or units, cents or hundredths and mills or thousandths; and all accounts in banks and public offices, and all proceedings in the courts of this State, shall be kept in conformity herewith (Act 45, 1855,39).

Judgments for money should be expressed in dollars and cents-one for a certain amount in francs is erroneous. Erlanger vs. Avegno, 24 An. 77; see Marshall vs. Railroad, 5 An. 360; Galliaro vs. Pierce, 18 An. 10; Olanyer vs. Blanchard, ld. 615.

On an obligation payable in guilders, the value may be recovered in our money. Albert vs. Blank, 5 An. 720.

Monthly statements as estoppel to question correctness of account. Irving vs. Edrington, 41 An. 671; Allen, etc., vs. Nettles, 39 An. 788; Flower vs. O'Bannon, 43 An. 1042. And interest charges not objected to at the time. Ibid; Brodnax vs. Steinhardt, 48 An. 682.

5. Accounts of merchants are prescribed in three years. See Sec. 2811, R.C.C., Art. 3538, amended by Act 78, 1888, p. 86.

ADMINISTRATORS.

6. Suits against Administrators, etc., may be continued against heirs by making them parties. See Sec. 3694. C. P. Art. 120.

7. Administrators, etc., must deposit money collected in bank. Penalty for failure to do so. See R. C. C., Art. 1150. 8. Must exhibit an account of funds on hand, whenever required. See R. C. C., Art. 1151.

9. Must render an account at least once in twelve months. Penalty for failure to do so. See Sec. 3697. R. C. C., Arts. 1191, 1674.

10. To remain in office until estate is wound up. Must furnish additional security whenever required. See Sec. 3698. R. C. C., Arts. 1195, 1673.

11. Must qualify within ten days after appointment, or at least begin inventory; otherwise appointment is void. See

Sec. 3699.