R. S. 512-Acts CLERKS OF CITY COURTS. Const., Art. 144. Bond, salary, deputies. APPOINTMENT, NUMBER AND SALARY OF DEPUTIES. Act 108, 1886, p. 204. AN ACT to amend and re-enact Act 131 of the General Assembly of 1880, in regard to employees and the salaries of the clerks of the city courts of New Orleans. Whereas, Due and public notice has been published in accordance with Article 48 of the Constitution, of the intention to apply for this act; therefore, SECTION 1. That Act 131 of the General Assembly of 1880 be amended and re-enacted so as to read as follows: "That each clerk of the city courts of the city of New Orleans be and he is hereby authorized to employ, with the consent of the judge of the court of which he is clerk, one chief deputy, at a salary of twelve hundred dollars ($1200) per annum, payable monthly." SEC. 2. That this act shall take effect from and after the first day of August, 1886. SALARIES, HOW PAID. Act 12, 1880, p. 19. AN ACT to provide for the payment of the salaries of the clerks of the city courts of the city of New Orleans, and their deputies and assistants. SECTION 1. That the salaries of the clerks of the city courts of the city of New Orleans shall be paid to them monthly upon the warrants of the Auditor of Public Accounts on the State Treasurer, who shall pay the same out of the Judicial Expense Fund of the parish of Orleans. SEC. 2. That the salaries of the deputy and assistant clerks of the city courts of the city of New Orleans shall be paid monthly upon the warrants of the clerk of the court wherein they are employed, approved by the judge of said court, on the Auditor of Public Accounts, who shall warrant on the State Treasurer, who shall pay the same out of the judicial expense fund of the parish of Orleans. Act 132, 1880, to provide stationery for the various judicial and other officers of the parish of Orleans, printed under title "Public Printing.'' See title "Fees and Costs" and Index, verbo Clerk. R. S. 513-517 CODE OF PRACTICE-AMENDMENTS. Act 98, 1870, p. 131. Code adopted as revised. [Promulgation.] 513. The Code of Practice which the Legislature has adopted and passed this session under the title of "Code of Practice in civil cases for the State of Louisiana," shall be printed in the same number of copies, and shall be promulgated in the same manner and at the same time as the Civil Code (Act 1824, 178). It originally received legislative sanction on the 12th day of April, 1824, and was promulgated throughout the State on the 2d day of October, 1825. Mayot et al., vs. Ripley et al., 2 La. 345. The Code of Practice went into effect in September, 1825; Williams et al. vs. Holloway, 11 La. 515. [Code of Practice Prevails, When.] 514. In case the said Code of Practice should contain any provisions contrary or repugnant to those of the Civil Code, the latter shall be considered as virtually repealed or thereby amended in that respect. Secs. 592, 3990; Covas et al. vs. Bertoulin et al., 44 An. 688. Act 50, 1870, p. 80. Acts passed during third session of first Legislature have precedence over R. S., C. P. and R. C. C., all adopted at that session. 515. Repeal of former rules of proceeding and former laws. See Secs. 2166, 2167. [Shall Have Force of Law.] 516. The Code of Practice, such as it has been sent to the several courts in this State in the year eighteen hundred and twenty-five, shall be considered as having full force of law, though its provisions are not preceded by these usual words, "Be it enacted," and it had been omitted to mention, at the end of said Code, the names of the President of the Senate, the Speaker of the House of Representatives, and of the Governor who signed the same, and of the date when the said Code was approved (Act 1824, 178). 517. To insert "or for the separation of property" after "bed and board" in C. P., Art. 105, now inserted. Act 190, 1894, p. 242, amends C. P., Art. 131. R. S. 518-528 518. Suits must be instituted before judge having jurisdiction over domicile of defendant, except in cases mentioned by law. See C. P., Art. 162. Act 64, 1876, p. 106, amends C. P., 106. 519. Repealing paragraph No. 5 of C. P., Art. 165. The entire act was amended and re-enacted by Act 22, 1894, p. 25. [Amicable Demand on Non-Residents.] 520. When the defendant resides out of the State, or when the suit is commenced by arrest or attachment, an amicable demand shall in no case be necessary (Act 1839, 162). C. P., Art. 169. 521. Prayer for oyer, how complied with; original act need not be annexed to petition. See C. P., Art. 175. 522. Days of public rest. See C. P., Art. 207, as amended by Act 98, 1890, p. 115. Sec. 1114. C. P., Art. 237, as amended by Act 14, 1880, p. 20. 523. Arrest of emancipated minors. See C. P., Art. 211. 524. Oath necessary to obtain arrest of debtor under C. P., Arts. 212 and 214, embodied in C. P., Art. 214. 525. Consevatory writs may be obtained in proper cases without presenting petition, which must, however, be filed on the following day; but if that day be a day of public rest, petition may be filed on the succeeding day. See C. P., Art. 237, as amended by Act 14, 1880. Sec. 1114. Days of public rest. [Affidavit, How Written, etc.] 526. The affidavit required by the two hundred and fourteenth article of the Code of Practice, may be written either at the foot of plaintiff's petition, or annexed to said petition (Act 1828, 150). 527. Requisites of affidavit for obtaining arrest of debtor. See C. P., Art. 214. 528. Oath by agent. See C. P., Art. 216. C. P., Art. 217. [Oath, Before Whom.] R. S. 529-541 529. The oath required by articles two hundred and sixteen and two hundred and seventeen, may be taken before any judge or justice of the peace, or clerk of court, and all oaths required to be taken in case of arrest of the debtor, or in order to obtain the orders of attachment, provisional seizures, sequestration of the debtor's property, or injunction, shall be administered by the persons above mentioned (Act 1826, 168). Act 7, 1877, before notary public, printed under that title. 530. Twenty instead ten days given the plaintiff to except to surety accepted by the sheriff. See C. P., Art. 227. 531. Surety to be tried summarily without jury, unless it is alleged under oath, that signature is not genuine or that the judgment has been satisfied. Now embodied in C. P. 235. A'ct 14, 1880, p. 20, amends Art. 237. 532. Substituting "permanently" for "never to return" in C. P. 240. See that article. 533. Requisites for attachment where debt is not yet due (C. P., Arts. 242, 243, 244). See Sec. 104. 534. Oath creditor must take, now included in C. P. 243. 535. Oath where debt is due may be made by agent or attorney in fact (C. P., Art. 244). See Sec. 106. Act 17, 1880, p. 21, amends Art. 245. 536. Proceedings in garnishment under writ of fieri facias. See C. P. 246. 537. Writs of attachment, how bonded. Proceedings against surety, where defendant fails to satisfy judgment rendered. See C. P. 259. 538. Additional ground for sequestration. See C. P., Art. 275, Sec. 7. 539. Additional ground for sequestration. See C. P., Art. 275, Sec. 8. 540. Plaintiff may bond sequestration. See C. P., Art. 279, part 2. 541. When writ of provisional seizure will issue. See C. P. Art. 287. R. S. 542-556 542. Provisional seizure of ships. How bonded by defendant. See C. P., Art. 289, part 3. 543. Intervenor may bond provisional seizure of ships. See C. P. 289, part 4. 544. "Security in cases of injunctions." See Sec. 1759. Aet 77, 1896, p. 109, amends C. P., Art. 308. Act 102, 1902, p. 156, amends C. P., Art. 313. 545. Confirming default. See C. P., Art. 312, amended by Act 31, 1890, p. 25. 546. Dilatory exceptions; when allowed. See C. P., Art. 333, part 2. 547. Repealing part 4, C. P. 338, relative to recusation of judges. See C. P. 338, amended by Act 35, 1882, p. 48. See Act 40, 1880, as amended by Act 185, 1898, p. 430, printed under title "Recusation."' 548. Proceedings to have women answer interrogatories on facts and articles in open court. See C. P. 349, part 2. 549. Duty of non-residents to file answers to interrogatories; service on opponent. See, C. P., Art. 352. 550. Answers are testimony, and may be rebutted. C. P., Art. 354. 551. Reconventional demand against residents of other parish or State. See C. P. 375, part 2, as amended by Act 50, 1886, p. 84. 552. Decree against warrantor. See C. P. 385. 553. Intervenor may, when his interest requires it, oppose both plaintiff and defendant. See C. P. 389, 390. Act 46, 1886, p. 65, amends C. P., 398. 554. Commissions to take testimony to issue any time after service of petition. Irregularities in execution, how they may be disposed of. See C. P., Art. 439. 555. Commissions, to whom directed. See C. P., Art. 425. 556. Interrogatories must be served on opponent. See C. P., Art. 426. |