[What Report Should Contain.] R. S. 132-136 To include in his report an abstract of the annual reports of the several District Attorneys, with such observations and statements as, in his opinion, the criminal jurisprudence and the proper and economical administration of the criminal law of the State shall warrant and require. Act 6, 1880, p. 14. Relieving the Attorney General of the prosecution of criminal cases in the parish of Orleans before the Criminal Courts thereof. SECTION 1. That the Attorney General be and he is hereby relieved of the prosecution of all criminal causes before the Criminal Courts of the parish of Orleans; provided, he shall act in all cases when requested so to do by the Governor or either branch of the General Assembly of this State. The Attorney General may prosecute an appeal from an adverse judgment in a case involving intrusion intc office, though it may be that he could not institute the suit. State ex rel. District Attorney vs. Sheriff, 45 An. 166; see State ex rel. District Attorney vs. Judge, 18 An. 109; id. 140. In civil cases, only the Attorney General can represent the State before courts. State ex rel. Hart vs. Burke, 33 An. 510; and see State ex rel. Nixon vs. Graham, 25 An. 434; State ex rel. Baldwin vs. Dubuclet. 27 An. 30. [To Attend Legislature, When.] 132. He shall attend the Legislature during its session, and shall give his aid and advice in the arrangement and preparation of legislative acts and documents when required by either branch thereof. [Books He Shall Keep.] 133. He shall keep two sets of books or journals, which shall constitute the records of that office: one set shall contain a fair transcript of all the legal opinions given by him, and the other a statement of all the suits brought by him on behalf of the State: each set shall have an index. 134. When informed of crime or misdemeanor and no complaint has been made before judge or justice, he shall make inquiries and take depositions. See Sec. 1018. 135. Duties in relation to quarantine. See Sec. 3052. 136. He shall prosecute State Collectors in certain cases. See Sec. 967. K. S. 137-Acta 137. Fees in criminal cases. See Sec 1146. [Fees for Collection, Preference, etc.] 138. The Attorney General shall receive five per cent. on all amounts collected by him; and all suits brought by him and all appeals prosecuted by him shall be tried by preference. Act 10, E. S. 1877, p. 12. AN ACT to authorize the Governor to appoint an Assistant Attorney General, defining his duties and fixing his compensation, to fix the commissions which shall be paid the Attorney General upon all sums collected by him, in litigated cases, and paid into the State Treasury, and to repeal Act No. 35, approved March 3, 1874. SECTIONS 1 to 5 (No. 2 was amended by Act 66, E. S. 187, p. 106), 8, 9, relate to appointment and duties of Assistant Attorney General; but see Const., Arts. 54, 97. SEC. 6. That there shall be allowed a commission of 2 per centum upon the amounts collected in litigated cases only, where issue has been joined, which the Attorney General or Assistant Attorney General is required to prosecute, or to defend by law, to be paid by the delinquent creditor, which commission shall be equally divided between the Attorney General and Assistant Attorney General. SEC. 7. That all laws or parts of laws authorizing the Auditor of Public Accounts or Treasurer of the State to employ special counsel, at the expense of the State, be and the same are hereby repealed. Act 65, 1884, p. 87 (paged as 71). AN ACT to empower the Attorney General to institute and prosecute suits without security or advance costs, and without bond. SECTION 1. That the Attorney General be, and he is hereby authorized and empowered, to institute and prosecute any and all suits he may deem necessary for the protection of the interests and rights of the State; and no court of this State, nor officer thereof, shall demand of the State, or the Attorney General, any security for costs, or any advance costs; but all costs for which the State may become liable shall be paid by the Attorney General out of the proper appropriation therefor. That in any and all cases where bond is required by law in legal proceedings, the State and the Attorney General shall be dispensed from giving such bond. SEC. 2. That the defendant shall not be required to give security for costs, or to advance costs in any case in which suit is brought by the State. The State neel not give security for costs (State vs. Taylor, 33 An. 1271); nor furnish an appeal bond. State ex rel. Howell vs. Escheveria, etc., 33 An. 712; R. S. 139-140 Merchants' Mutual Ins. Co. vs. Board, 40 An. 371. She cannot, in any case, be held liable for costs in her own court. State vs. Taylor, 34 An. 978; Succession of Townsend. 40 An. 66; see especially State ex rel. Cunningham vs. Lazarus, 40 An. 356; State ex rel. Leche vs. Wagner 42 An. 60. Act 21, 1872, p. 62. Has sole charge of suits instituted in New Orleans by or against Auditor and other officers, etc. 26 An. 68; 27 An. 30; 33 An. 510. Act 84, 1873, p. 156. Shall prosecute all violators of the civil rights of citizens. Act 126, 1898. To enjoin sale and manufacture of fertilizers, unless law has been complied with. Printed under title "Agriculture and Immigration,'' sub-title "Inspection of Fertilizers.'' Act 66, 1894. To sue for fines incurred by effecting insurance in companies not authorized by law. Printed under title "Insurance Companies." Act 169, 1894. To sue for fines incurred in conducting lotteries. Printed under title "Lotteries." Act 90, 1892. To suppress trusts. Printed under title "Trusts." Duties in connection with elections. Acts printed under title "Elections.'' Act 170, 1898, Sec. 57. Shall appoint attorney at law to aid the tax collectors of New Orleans. Printed under title "Revenue."' Act 214, 1902, Sec. 1. Member of State Board of Education. Printed under title "Education." Allowed clerk Act 26, 1877, Sec. 3, p. 28. Printed under title "Governor." and fixing his salary. See Const., Art. 54, Sec. 2583 et seq. Intrusion in office. Other duties imposed upon the Attorney General are referred to in index. Verbo Attorney General. AUCTIONEER. [Who May Become, Requisites.] 139. Any citizen of the State may become an auctioneer for the parish in which he is a qualified voter, and be authorized to sell any real or personal property at public auction, upon giving bond and security, according to law, and taking the oath prescribed by law (Act 104, 1855, 106). [Must Execute Bond.] 140. Before entering on the discharge of his duties, he shall execute his bond according to law, with good and solvent securities, conditioned for the faithful performance of all the duties required by law, toward all persons who may employ him as auctioneer, and for the prompt payment of the taxes or commissions payable to the State, and of all the sums which he shall receive in his official capacity belonging to other persons. Estoppel of surety to plead illegality of bond. Lyons Bros. & Co. vs. Layman, 110 La. R. S. 141-146 [Amount of Bond.] 141. The bonds to be given shall be in the following amounts: Ten thousand dollars for the city and parish of Orleans and two thousand dollars for the other parishes of the State. [Annual License.] 142. Every auctioneer shall take out an annual license from the Auditor of Public Accounts authorizing him to do and perform all the business properly belonging to an auctioneer. [Who Shall Not Be, etc.] 143. No person shall act as an auctioneer who is indebted to the State or any municipal. corporation for any tax as an auctioneer, or any license or commission which he has neglected to pay after final judgment rendered against him therefor. [Who May Act as, Violations.] 144. No other person than an auctioneer or a civil officer acting under the authority of some court of the United States or of this State, or the legal representative of a succession of minors, curators of interdicted persons, syndics of insolvents, or the sheriff, where there is no auctioneer in the parish, shall exercise the trade or business of an auctioneer by selling or offering for sale at auction any property, real or personal, within the State, under penalty of five hundred dollars for each offense, one-half of this penalty for the informer when recovered. [Taxes on Property Sold.] 145. All property, rights or credits, which shall be sold at public auction or at private sale by an auctioneer (except such as are or may be exempted by law) shall be subject to a duty of one-half of one per centum of the value or price at which it shall be sold, to be paid by the person who shall sell the same, to be subject each and every time it shall be stricken off to duties at the above rates. Act 53, 1882. Tax is appropriated exclusively to Charity Hospital of New Orleans, and must be paid direct to the Board of Administrators. Printed under Sec. 410. [Neglect and Refusal to Pay Tax.] 146. Any auctioneer who shall neglect to pay into the State treasury the duties required by law upon auction sales made by R. S. 147-149 him, shall forfeit his license, and in case he refuses to return the same, the Auditor of Public Accounts shall give public notice in the official gazette of the cause for which the license of such auctioneer has been forfeited, and that his license has been withdrawn from him. [Accounts to be Rendered, New Orleans.] 147. Every auctioneer in the city of New Orleans shall make out in writing a quarterly account, dated on the last days of March, June, September and December, and shall therein state minutely and particularly: First. The sums for which any goods or affects shall have been sold at every auction held by him from the date of his last quarterly account. Second. The days on which sales were made and the amounts of each day's sale. Third. The amount of all private sales made by himself or any of his partners in commission, and the days on which such sales were made. Fourth.-The amount of duties chargeable on all sales, public or private, mentioned in the account. [Outside New Orleans.] 148. The auctioneers throughout the State, those in the parish of Orleans excepted, shall settle their accounts with the Treasurer annually. Act 53, 1882, printed under Sec. 410. [Form of, etc., Oath.] 149. Every such account shall be made in duplicate, and within ten days after the day on which it is dated, shall be sworn to before any person authorized to administer oaths, and one copy thereof transmitted to the Auditor and the other to the Board of Administrators of the Charity Hospital of New Orleans. The form of oath thereto shall be substantially as follows: I do solemnly swear (or affirm) that the account exhibited by me, and to which I have subscribed my name, contains a just and true account of all property of every description, sold or struck off at public sale, or sold by me at private sale on commission, whether subject to duty or not, and the day on which the same was respectively sold; that I have |