R. S. 84-Act 139, 1894

[Duty of Board in Such Cases.]

SEC. 11. It shall be the duty of the State Board in the above described cases to endeavor, by mediation or conciliation to effect an amicable settlement between them, and to endeavor to persuade them, provided a strike or lockout has not actually occurred or has not then continuing to submit the matters in dispute to the State Board of Arbitration and Conciliation; and the State Board shall, whether the same be mutually submitted to them or not, investigate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall make and publish a report finding such cause or causes, and assigning such responsibility or blame. The Board shall have the same powers for the foregoing purposes as are given it by Section 9 of this

act.

[Reports of Board.]

SEC. 12. That said State Board shall make a biennial report to the Governor and Legislature, and shall include therein such statements, facts and explanations as will disclose the actual workings of the Board, and such suggestions as to legislation as may seem to the members of the Board conducive to the relations of and disputes between employers and employees.

[Compensation of Members.]

SEC. 13. The members of the State Board of Arbitration and Conciliation hereby created shall each be paid five dollars a day for each day of actual service, and their necessary traveling and other expenses. The chairman of the Board shall, quarterly, certify the amount due each member, and on presentation of his certificate the Auditor of the State shall draw his warrant on the Treasury of the State for the

amount.

[When Act Becomes Effective.]

SEC. 14. This act shall take effect and be in force from and after its passage.

Const. 1898, Art. 176. Injunction will not lie to control action of Board, unless irreparable injury will result therefrom. Objections to irregularities in bringing proceedings before Board must be urged there before application is made to courts. New Orleans City & L. R. R. Co. vs. State Board of Arbitration, 47 An. 874.

R. S. 85 91

ARREST IN CIVIL CASES.

85, 86. Debtor discharged by cession, by bond. See C. P., Art. 219.

87. No arrest of non-residents, unless absconding. See C. P., Art. 212.

[Bail Discharged by Delivery of Defendant.]

88. In all civil suits instituted by any of the courts of this State, in which the defendant shall have been held to bail, the bail shall be authorized to deliver up the defendant in discharge of his recognizance or bail bond at any time (Act 49, 1855, 42). [Mode of Proceeding for Delivery.]

89. Whenever the bail of any defendant in any suit shall be desirous to deliver up the defendant, he shall apply to the judge of the court in which the suit may be pending for a cepi corpus, or certificate that the defendant has been delivered to him on bail, which certificate shall be a good and sufficient warrant to the bail, or any person duly authorized by him, to arrest the defendant wherever he may be found, for the purpose aforesaid.

C. P. 230-233. Bail may coerce surrender of principal. Fisk vs. Comstock, 2 R. 25.

[How Surety May Be Released.]

90. Whenever any bail shall have arrested such defendant, he may produce his body, and deliver him up to the court in which the suit may be pending, if in session, who shall commit him to the custody of the sheriff, and cancel the bail bond; or, if the court shall not be in session, the bail may tender the body of the defendant to the sheriff of the parish, together with his authority for delivering him up, which sheriff shall be bound to receive such defendant into his custody, to be dealt with in all respects as if he had never been bailed, and shall deliver to the bail his receipt for the body of the defendant, which receipt shall entitle the bail to have his bond canceled, upon exhibiting the same to the court where the suit may be pending.

C. P. 230-233. Surety released by death of debtor. Frey vs. Hebenstreit, 1 R. 565.

[Obstructing Arrest, Rescue, etc.]

91. Whoever shall forcibly oppose, obstruct or prevent any bail, or his agent duly appointed, from arresting any such de

R. S. 92-Act 103 E. S. 1870

fendant, or shall forcibly rescue, or attempt to rescue him after he shall have been arrested, shall be liable, on conviction thereof, to all the pains and penalties that are by law prescribed for opposing, obstructing or preventing sheriffs from executing process, and shall, moreover, be liable to the bail for all damages he may sustain by reason of such forcible opposition, obstruction or rescue.

[Creditor to Pay for Keeping Debtor.]

92. No debtor shall be kept in confinement at the suit of any creditor unless he shall pay the keeper of the jail three dollars and fifty cents a week, in advance, for the use of the debtor.

93. What necessary to obtain order, oath, bond. See C. P., Art. 214.

BONDS, TO WHOM PAYABLE, ETC.

Act 103, E. S., 1870, p. 18, Acts 1871.

AN ACT relative to bonds taken in cases of arrest, attachment, sequestration and provisional seizure, and to suits against joint obligors.

SECTION 1. That in all cases of arrest, attachment, sequestration and provisional seizure, in which bonds are required to be given by the plaintiff previous to the issuing of the writ, the bond so given shall be made payable to the clerk of the court which issues the writ, and the defendant, as well as every person party to the suit, or injured by the issuing of the said writ, shall have recourse thereon against the principal and securities on the bond for any damage they may sustain in case such writs should have been wrongfully issued, and in case the plaintiff should cause the writ to issue against certain specified property, the bond shall inure to the benefit of any and all persons interested in such property; provided, that this act shall not be so construed as to release the Sheriff, in any manner, from the duties, responsibilities and liabilities now devolved upon him by law.

SEC. 2. That hereafter in all suits against joint obligors it shall be necessary to make all the cbligors parties to the suit, but each of the joint obligors may be sued and judgment obtained against them separately for the proportion of the debt or obligation due by them respectively, whether all are joined in the suit or not.

SEC. 3. That all laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act shall take effect. from and after its passage.

Act 41, 1890. Bond may be signed by certain guaranty insurance companies, printed under the title "Insurance Companies.'

Act 65, 1884. State need not give bond nor security for costs in suits insti

tuted by Attorney General, printed under title "Attorney General.'' Co. vs. Assessors, 40 An. 371.

R. S. 94-102

Insurance

Act 173, 1902. Public bodies and Boards generally need not furnish bonds, printed under title "Appeals.''

94. Emancipated minors may be arrested for debts contracted after emancipation. See C. P., Art. 211.

[Affidavit, How Made.]

95. The affidavit required by the two hundred and fourteenth article of the Code of Practice may be written either at the foot of the plaintiff's petition or annexed to the said petition (Act 83, 1828, 150).

[Conservatory Writs, by Whom Issued, etc.]

96. The orders of arrest, attachment, sequestration, provisional seizure, and injunction, as well as the commissions to take the deposition of witnesses in civil matters, shall be issued by the judge before whom the case is brought; Provided, That the parties applying for the same comply with the formalities prescribed by law to obtain any of the above mentioned orders.

C. P. 162-168, 214, 243, 269, 284, 304.

97. Before whom oath may be made. See Sec. 529.

Act 7, 1877, p. 10, before Notary Public, printed under that title.

98. When principal absent, oath may be made by agent or attorney. See Sec. 528, C. P., Art. 216.

99. Time within which to except against sureties. See C. P., Art. 227.

100. Proceedings to render surety liable, shall be summary and without intervention of jury. See C. P., Art. 335.

101. Conservatory writs may issue on filing affidavit and bond, and before filing petition. See C. P., Art. 237, part 2, as amended by Act 14, 1880, p. 20.

Sec. 1114. Legal holidays, but conservatory writs may issue. C. P. 207, as amended by Act 98, 1890, p. 115.

102. Other causes for arrest. See Sec. 1805.

By reference to Act 322, 1855, Sec. 22, p. 436, embodied in Secs. 102 and 1805, it will be seen that these sections allude to fraud in insolvency matters alone. C. P. 238.

P. S. 103-Act 51, 1876

ATTACHMENT.

103. Directing the insertion of "permanently" in lieu of "never again to return," in C. P., Art. 240. See that article.

104. Directing the amendment of C. P., Arts. 242, 243 and 244, so that attachment will issue "when the debt or obligation is not yet due," where the debtor complies with certain conditions, etc., now embodied in those articles.

"

The words and moreover swearing" have been replaced by the disjunctive phrase "or swears, ," C. P., Art. 240. See Bank vs. McKellar, 44 An. 940. 105, 106. Creditor must make oath to certain allegations. Where principal is absent, writ will issue upon oath of agent, etc., "to the best of his knowledge and belief." See C. P. 243, 244, 216.

107. Directing the amendment of C. P., Art. 259, so that defendant in all conservatory writs may bond. Fixes the requisites of the bond, its return into court, and prescribes the proceedings against the surety-all embodied in C. P., Art. 250.

INTERVENOR MAY BOND.

Act 51, 1876, p. 92.

AN ACT giving to intervenors the right to bond property attached, sequestrated or provisionally seized, and prescribing the character of such bond.

SECTION 1. That in all suits in which property, real or personal, is attached, sequestrated or provisionally seized in the actual or constructive possession of one not a party to the suit in which said process issued, the said third party may, on intervening in the suit and on prima facie showing to the court that he is the bona fide owner, pledgee or consignee of said property, have the same restored to him until the final determination of the suit on executing a forthcoming bond in the same manner and amount, within the same delay, and with the same effect as a defendant in the suit now allowed.

SEC. 2. That when the sheriff shall return said forthcoming bond into court he shall assign it to both plaintiff and defendant, and said bond shall be available to either or both of them in the same manner and by the same proceedings now provided by law for forthcoming bonds given by defendants.

SEC. 3. That either the plaintiff or the defendant, or both of them, may object to the sufficiency of the surety on such bond, or to the suf