PLEDGES.

2904 to 2906. Relate to manner of pledging promissory notes, bills of exchange, stocks, etc.; their validity against third persons, and notice due the debtor when the credit is not negotiable. See R. C. C., Art. 3158, Secs. 2, 3, 4.

2907. The pledgor may authorize the sale of the property pledged. See R. C. C. 3165.

OF CROP AND AGRICULTURAL PRODUCTS.

Act 66, 1874, p. 114.

AN ACT to enable planters, farmers, merchants, traders and others to pledge and pawn cotton, sugar and other agricultural products to merchants, factors and others; and to confer a pledge by the transmission of a bill of lading or carrier's receipt by mail or by the carrier.

SECTION 1. Growing Crops by Planter or Farmer. That in addition to the privilege now conferred by law, any planter or farmer may pledge or pawn his growing crop of cotton, sugar or other agricultural products for advances in money, goods and necessary supplies that he may require for the production of the same, by entering into a written agreement to pledge the same and having the agreement recorded in the office of the recorder of mortgages of the parish where said cotton, sugar or other agricultural product is produced, which recorded contract shall give and confer on the merchant or other person advancing money, goods and necessary supplies for the production of the said agricultural product, a right of pledge upon the said crop, the same as if the said crop had been in the possession of the pledgee; provided, that the right of pledge thus conferred shall be subordinate to that of the claim of the laborers for wages and for the rent of the land on which the crop was produced.

SEC. 2. When Pledge Becomes Perfect. That when any merchant, factor, or other person has advanced money, wroperty, or supplies on cotton, sugar or other agricultural products, and the same has been consigned to him by ship, steamboat, vessel, railroad or other carrier, the said agricultural products shall be pledged to the consignee thereof to secure the payment of said advances from the time the bill of lading thereof shall be put in the mail, or put into the possession of the carrier for transmission to the consignee, and the right of pledge shall be perfect, with the right of sale of said property, which shall be fully vested in said consignee, with the right to appropriate the proceeds of sale to the payment of the amount due for such advances as may have been made thereon; provided, that nothing herein shall be so construed as to defeat or lessen the privileges of the laborers and landlords in this State for wages and rent as now existing by law, nor as defeating or lessening any other valid existing privileges or liens (as amended by Act 44, 1882, p. 56).

SEC. 3. Rights of Consignor.—That all merchants, factors and others who may have a general balance of accounts or any sum of money due them by any consignor or other person sending them cotton, sugar or other agricultural products for sale at the port of New Orleans, or at any other town or city in the State, for the purpose of paying such balance of account or sum of money due, shall have a pledge upon all such property consigned or sent to them by ship, vessel, railroad or other carrier, from the time the bill of lading or receipt thereof by the carrier is deposited in the mail or given to the carrier for transmission, which pledge shall be perfect, with the right of sale of said property, which shall be fully vested in said consignee, with the right to appropriate the proceeds of sale to the payment of the amount due such consignee; provided, that nothing herein shall be so construed as to defeat or lessen the privilege of the laborers and landlords in this State for wages and rents as now existing by law, nor as defeating or lessening any other valid existing privileges or liens (as amended by Act 44, 1882, p. 56).

SEC. 4. Repealing Clause.-That this act shall take effect from and after its passage, and all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

See Sec. 2477 et seq.

See Act 27, 1894, and other acts printed at p. 681.

A consignment under a bill of lading vests a perfect pledge in the consignee for any debt due him by the consignor, and the death of the latter will not affect the pledge so created. Allen vs. Nettles, Administrator, 39 An. 788.

A bona fide creditor of a consignor, who holds the latter's drafts, for value, with bills of lading endorsed in blank annexed to them, may be deemed the owner of the goods covered by the bllls of lading; and when the consignee, not aware of the transfer of the bills of lading, disposes of the goods, he becomes liable to the holder for their value. The right of the consignee to be paid any debt which the consignor may owe him is second to that of the holder of the bills of lading. Bank vs. Mayer, 43 An. 1; Lallande vs. Creditors, 42 An. 705. Warehouse receipts, Bank vs. Bryant & Mathers, 49 An. 467.

Negotiability of Bills of Lading. See titles "Negotiable Receipts,” p. 585; "Warehouses." Act 72, 1876, printed at p. 589.

RECORDING SEPARATE BOOK.

Act 51, 1890, p. 43.

AN ACT relative to the recordation of liens, privileges and pledges on crops. SECTION 1. That it shall be the duty of the clerks of the District courts and ex-officio recorders throughout the State, the parish of Orleans excepted, to keep a separate book in the mortgage office for the recordation of liens, privileges and pledges on crops instead of in the mortgage book, and such recordation shall have the same effect as if it was made in the mortgage book as heretofore provided by law; provided that when the same act shall contain a mortgage on real estate and a privilege on crops, it shall be sufficient to record such act in the mortgage book only.

SEC. 2. That this act shall take effect from and after January 1st, 1891, and that all laws contrary to or inconsistent with the provisions of this act be and the same are hereby repealed.

RANK AND ORDER OF PLEDGES, ETC., ON CROPS.

Act 89, 1886, p. 127.

AN ACT to establish the rank and order of preference of privileges and pledges

on crops.

SECTION 1. That all privileges and pledges on crops, granted by existing laws of this State, shall be ranked in the following order of preference, viz. :

Fourth. Pledges, under Section 1 of Act No. 66 of 1874, in order of record

ation.

Fifth. Privilege of furnishers of supplies and of money, and of the physician.

Advances made on crop must be paid out of the crop for which they were given. Succession of Waddell, 44 An. 361. Privilege exists only for advances made for plantation purposes. Succession of Osborne, 40 An. 615.

PROVISIONAL SEIZURE.

2908. When writ of provisional seizure will issue before rent is due. See C. P., Art. 287.

Conservatory writs will issue on filing of affidavit and bond and before filing suit. C. P., Art. 237, part 2, amended by Act 14, 1880, p. 20. Sec Sec. 1114, Legal Holidays, but conservatory writs may issue. C. P. 207 amended by Act 98, 1890, p. 115.

Act 43, 1882. Clerk of court may issue writ. Printed at p. 101.

2909 and 2910. Provisonal seizure of ships and furniture may be set aside by defendant upon furnishing bond. See C. P., Arts. 298, 287.

2911. Property bonded, how appraised. See C. P., Art. 287. 2912. Additional causes for writ. See C. P., Art. 285.

Act 25. 1874. Suits, how tried. Printed at p. 683.

2913. Additional Causes for Writ.-In addition to the cases in which provisional seizures are allowed by law, the right to such remedy shall be allowed to laborers on farms or plantations where they shall sue for their hire, or may fear that the other party is about to remove the crops, in the cultivation of which they have labored, beyond the jurisdiction of the court (Act, 1867, p. 3).

See Act 25, 1874. Where such suits shall be tried. Printed at p. 683. 2914, 2915. Provisional seizure of ships or other property may be set aside by defendant or intervenor upon furnishing bond. See C. P., Art. 289, parts 3, 4.

See Act 51, 1876, intervenor's right to bond, printed at p. 25.

PROHIBITING THE SEIZURE OF CERTAIN PROPERTY.
Act 63, 1874, p. 112.

AN ACT to prohibit the seizure of certain property for rent.

SECTION 1. That it shall be hereafter unlawful in this State for any landlord, lessee or or owner of any tenement house or houses, or any agent of such landlord, lessee or owner to seize, or cause to be seized, for rent due by the sublessee or inmates of such house or houses, any piano, organ or other musical instrument in said house or houses, which is hired for use from any company or individual, and is not the personal property of the inmates or sub-lessee aforesaid. SEC. 2. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and this act shall take effect from and after itspassage.

PLAINTIFF MAY BOND.

Act 19, 1877, p. 22.

AN ACT to authorize plaintiffs in suits by provisional seizure, to bond property after the expiration of ten days, when the defendant has failed, or neglected to bond the same.

SECTION 1. That in all cases where property has been seized by the Sheriff or Constable, under writs of provisional seizure, and the defendant has failed to

bond the same after the expiration of ten days from said seizure, it shall be lawful for the plaintiff, his agent or attorney in fact to give similar bond and security to the Sheriff as that required by law from the defendant, and to take the property provisionally seized into his possession; provided, that this act shall not be construed as affecting the right of intervenors to bond under existing laws.

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

PUBLIC LANDS.

ACTS OF CONGRESS DONATING SWAMP LANDS TO LOUISIANA.

AN ACT to aid the State of Louisiana in draining the swamp lands therein.

SECTION 1. To aid the State of Louisiana in constructing the necessary levees and drains, to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands which may be or are found unfit for cultivation, shall be and the same are hereby granted to that State.

SEC. 2. As soon as the secretary of the treasury shall be advised, by the governor of Louisiana that the State has made necessary preparation to defray the expenses thereof he shall cause a personal examination to be made, under the direction of the surveyor general thereof, by experienced and faithful deputies, of all swamp lands therein which are subject to overflow and unfit for cultivation, and a list of the same to be made out, and certified by the deputies and surveyor-general, to the secretary of the treasury, who shall approve the same so far as they are not claimed or held by individuals; and on that approval the fee simple to said lands shall vest in the State of Louisiana, subject to the disposal of the legislature thereof; provided, however, that the proceeds of said lands shall be applied exclusively, as far as necessary, to the construction of the levees and drains aforesaid.

SEC. 3. In making out a list of these swamp lands, subject to overflow and unfit for cultivation, all legal subdivisions, the greater part of which is of that character, shall be included in that list; but when the greater part of a subdivision is not of that character the whole of it shall be excluded therefrom; provided, however, that the provisions of this act shall not apply to any lands fronting on creeks, bayous, water courses, etc., which have been surveyed into lots or tracts under the acts of third of March, eighteen hundred and eleven, and the twentyfourth of May, eighteen hundred and twenty-four; provided, further, that the United States shall in no manner be held liable for any expense incurred in selecting these lands and making out the lists thereof, or for making any surveys that may be required to carry out the provisions of this act.

Approved March 2, 1849.

AN ACT to enable the State of Arkansas and other States to reclaim the swamp lands within their limits.

SECTION 1. To enable the State of Arkansas to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be and the same are hereby granted to said State.

SEC. 2. It shall be the duty of the secretary of the interior, as soon as may be practicable after the passage of this act, to make out an, accurate list and plats of the lands described as aforesaid, and transmit the same to the governor of the State of Arkansas; and at the request of said governor cause a patent to be issued to the State therefor; and on that patent the fee simple to said lands shall vest in the State of Arkansas, subject to the disposal of the legislature thereof; provided, however, that the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary,

to the purpose of reclaiming said lands by means of the levees and drains aforesaid.

SEC. 3. In making out a list and plats of the land aforesaid, all legal subdivisions, the greater part of which is wet and unfit for cultivation," shall be included in said list and plats; but when the greater part of a subdivision is not of that character the whole of it shall be excluded therefrom.

SEC. 4. The provisions of this act shall be extended to and their benefits be conferred upon each of the other States of the Union in which such swamp and overflowed lands, known and designated as aforesaid, may be situated.

Approved September 28, 1850.

2916 to 2928, 2935, 2936, 2970 to 2975 were superseded by Act 38, E. S. 1870, p. 89, and this act has in turn been superseded by

Act 75, 1880, p. 85.

AN ACT entitled an act to readjust the State Land Office; appointment of a register; to fix his salary and the time and manner of paying said salary; to define the powers and prescribe the duties of the register; to fix the fees for certificates and patents, and disposition thereof; the price of lands and disposition of the proceeds; duties of the Auditor of Public Accounts, State Treasurer, Attorney General and the Governor; to provide for the payment of salary and expenses incurred in the State Land Office; to repeal all conflicting laws.

SECTION 1. Location of Office for Sale of Lands. That there shall be established, under the provisions of this act, an office for the sale of public lands donated to the State by Congress, which office shall be administered by a register; said office to be located at the seat of government of the State of Louisiana.

SEC. 2. Appointment of Register-Term, etc.-That the Governor, by and with the consent of the Senate, shall appoint, under the provisions of this act, a register, who shall hold his office for the term of four years, whose annual salary shall be fifteen hundred dollars, in full compensation for his services as register, payable quarterly by the Treasurer of the State, on the warrant of the Auditor of Public Accounts, said salary to be paid out of the swamp land fund only. He shall take the oath prescribed by the Constitution and laws, and give bond in favor of and to be approved by the Governor of Louisiana, with one or more good and sufficient sureties, in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, which bond so approved shall be filed by the register in the office of the Secretary of State.

SEC. 3. Duties of Register.—That it shall be the duty of the register to keep accounts of the sales of lands donated to the State, in well bound books, with the number of the certificate issued therefor, setting forth the section, parts of sections, township and range, district and parish. to whom and when sold, and for what price, and shall cause to be marked on the official plats or maps on file in his office the number of certificate, which books and maps shall be preserved as official records. It shall be the duty of the said register to furnish annually to the Auditor of Public Accounts, on or before the twentieth day of December of each year, a descriptive list, by parish, of all lands sold during the preceding year, together with all data that may be afforded by his records.

SEC. 4. Purchase Price, to Whom Paid.-That all money arising from the sale of warrants or public land shall be paid by the purchaser to the State Treasurer, on the warrant of the Auditor of Public Accounts, whose duty it shall be to warrant at once on the Treasurer of the State to receive said money within forty-eight hours after the issuance of the same by the Auditor.

SEC. 5. Duties of Register-Sale of Lands.-That the Register of the State Land Office shall, on the sale of lands or warrants, describe the same in his order on the Treasurer of the State to receive the money for said lands, and in no case shall an entry be made upon the books, maps or other official record until the receipt of the Treasurer, also describing the land or warrants, has been submitted and filed in his office; a violation of this section shall be deemed a felony, and upon conviction the party offending shall pay a fine of five thousand dollars and be imprisoned for a term not exceeding ten nor less than two