Attorney pro tempore, to test the sufficiency and solvency of the securities of any officer, State or parochial, required to give bond, even after the approval of the bond by those whose duty it is made to pass upon the same.

SEC. 2. That suits to that end shall be brought in any court of competent jurisdiction; shall be tried summarily and in chambers, after ten days notice, and the judgments rendered shall not be susceptible of being suspensively appealed from unless the officers, whose bond has been declared insufficient, or the sureties thereon insolvent, furnish a new bond, approved by the proper officers, and the judge by whom the judgment sought to be appealed from was rendered. SEC. 3. That within ten days after the rendition of final judgment setting aside any bond on account of its insufficiency, or the insolvency of the securities thereon, the party whose bond has been so declared insufficient shall furnish a new bond, or the office shall be declared vacant, and shall be filled by appointment under existing laws; the said bond to be approved by the judge rendering the original judgment.

SEC. 4. That nothing in this act be construed to impair any remedy presently existing for testing official bonds, and that the same take effect from and after its promulgation.

353. Bonds, How Filed, Copies, Fees.-All bonds so taken shall remain on file in the office of the recorder or justice of the peace, and a copy duly certified shall always be admissible in evidence.

It shall be the duty of the recorder or justice of the peace to transmit to the Auditor of Public Accounts certified copies of all bonds of State officers taken by them, with a certificate of registry in the mortgage records, within three months after their execution, under penalty of five hundred dollars, to be recovered on motion of the district attorney, or district attorney pro tempore.

The recorder or justice of the peace shall be entitled to charge for each bond, taken as aforesaid, one dollar, and for each certified copy thereof the same amount and no more, to be paid by the obligor (Act 92, 1855, 81).

Whenever an

354. Property Liable When Execution Issues. execution shall issue, it shall be lawful for the officer to whom it may be directed, to seize and sell, according to law, any lands which may have belonged to the principal obligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever hands the same shall be found.

No sale shall be made of the property of the sureties until that of the principal shall have been discussed.

Act 12, 1877, printed under Sec. 351.

P. C. C., Art. 3051 et seq. Art. 3066.

The State can stand in judgment against a defaulting tax collector for levee taxes. Principal and sureties may confess a valid judgment recognizing the existence of a mortgage on the immovable property of the former, and the mortgage contains the pact de non alienando and is for the amount of levee taxes that are delinquent. Pearce et al. vs. State ex rel. Breazeale. District Attorney, et al., 49 An.

355. Sureties May Limit Liability.-The sureties on all bonds given by sheriffs and collectors of State and parish taxes, and also the sureties on bonds given by all other parish and State officers

(except the State Treasurer and Auditor of Public Accounts), may stipulate the amount for which they will severally become liable, which shall be expressed in the bond.

R. C. C., Art. 3019.

356. Special Mortgage in Lieu of Bond.-All persons who shall hereafter be commissioned by the Governor, and whose duty it shall be to give security, shall be allowed to give a special mortgage on property situated within the parish in which they respectively exercise their functions; the mortgage shall be accepted by the persons appointed by law to accept the bond.

The person proposing to mortgage property shall exhibit his titles thereto, and a certificate of mortgages to the persons authorized to approve the bond, who shall cause the property to be appraised, and shall not receive it unless it be double the amount of security required, after deducting all mortgages. All persons taking the mortgage shall cause it to be inscribed in the office of the recorder of mortgages, as required by law.

357. Same Subject.-All public officers who have heretofore given personal security on their official bonds shall be at liberty at any time to release them by giving a special mortgage, as provided in the preceding section.

358. Effect of Special Mortgage. The effect of the special mortgage shall be to free and release the surplus of the property of the person giving it from all mortgages resulting from his official bond.

359, 360 and 361 were amended and re-enacted by Act 68, 1873, p. 123, and Sec. 362 added. The Sec. 362 supplied by the act is not referred to as supplanting the Sec. 362 already existing, and it would seem that both sections were in force. Act 15, 1877, p. 19, repealed Act 68, 1873, and amended and re-enacted Secs. 359, 360, 361. The act of 1877 was amended and re-enacted by

Act 75. 1888, p. 82.

AN ACT to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act to amend and re-enact sections three hundred and fifty-nine, three hundred and sixty and three hundred and sixty-one of the Revised Statutes, and to do away with unnecessary costs and expenses in the cancellation of official bonds, approved March 26, 1873, approved February 27, 1877. SECTION 1. That the Governor be authorized to erase and annul on the application of any interested party all bonds with security and all mortgages which shall have been furnished by any public officer who may have resigned or died, or whose office may have expired by limitation, or when dismissed from office, whenever there shall have been no opposition thereto, after public notice, as provided in the following sections, and when he shall be satisfied that the duties and obligations imposed by law on such public officer, and for the faithful

performance of which the bond and mortgage had been furnished were either by him or his successors or assigns faithfully executed.

SEC. 2. That it shall be the duty of the Governor to give public notice by publication, during thirty days successively in one newspaper printed and published in the parish in which such officer had performed his duties, or if there be no newspaper published in the parish the advertisement shall be made by posting the notice at the court-house door during thirty days, calling upon all persons therein interested and concerned, to show cause in writing at the office of the Secretary of State, within ninety days from and after the last day of publication, why the bond and mortgage for the canceling of which the application is made should not be by him erased, canceled and annulled.

SEC. 3. That after such notice, if any opposition shall be made, it shall be the duty of the Governor to refer the parties to any court of competent jurisdiction, in order that it may decide on their respective rights according to law.

SEC. 4. That the provisions of this act shall not apply to the collector of State taxes and licenses, nor to State tax assessors, whose bonds and mortgages are authorized to be canceled by the Auditor of Public Accounts according to existing laws, nor to official bonds whose cancellation are in course of completion.

SEC. 5. That all laws or parts of laws contrary to or in conflict with this act be and the same are hereby repealed.

362 to 365. Bail discharged on delivering defendant. How bail proceeds when he desires to deliver defendant, who should be delivered in court or sheriff. Penalty for preventing bail from arresting defendant. See Secs. 88 to 91.

366. Auditor to give bond within thirty days. See Sec. 173.

367. Clerks of Supreme Court to give bond. See Sec. 460. 368. Clerks of District Courts. Bond. See Sec. 462, Acts 48 and 58 of 1880, printed under title "Clerks" (Sec. 462).

369. Bonds of tutors, etc., to be recorded. See Sec. 469. What is a sufficient record. Board of School Directors vs. Judice, 39 An. 896.

370. Oath and bond of constables outside New Orleans. See Sec. 632.

371. Bond of constables in New Orleans. See Sec. 643.

372. Coroners, election, oath and bond. See Sec. 649 and acts under title "Coroner."

373. Bonds, When Approved.-No person, whose duty it is to receive or approve the bond of any sheriff or tax collector, shall receive or approve any such bond until he has exhibited a commission from the Governor of the State.

375. Oath and bond of recorder. See Sec. 3070.

Act 58, 1880. Bond of recorder, printed under title "Clerks."

376, 377. Bond of collector (all parishes except Orleans) operates as mortgage on real estate. See Secs. 3239, 3240.

Act 52, 1880, supersedes these sections; printed under title "Sheriff."

378 to 382. Bonds of assessors and collectors in Orleans operates as mortgage on real estate. Failure to give bond vacates office, oath of office. Auditor not to recognize assessor or collector until bond is filed. See Secs. 3244 to 3248.

Act 46, 1880.

Act 41, 1894.

Release of sureties, printed under title "Surety."

Guaranty and Fidelity insurance companies may make official bonds, printed under title "Insurance Companies." Const., Arts. 118, 121.

BRANDS AND MARKS OF ANIMALS.

383. May Be Recorded.-It shall be the duty of the recorders of the several parishes of this State to keep a book for the purpose of recording therein the brands and marks of animals, and upon the request of any person owning cattle or other animals in this parish, to inscribe in the book the brands and marks used by such person (Act 46, 1855, 39).

384. Right to Use of Brand.-It shall be his duty, in case there shall be the same brands or marks belonging to different persons, to give notice to them immediately of the date of recording of each, and the person whose brand or mark shall have been first recorded shall have the right to the same without alteration.

385. Fees of Recorder, etc.-The recorder shall be entitled to demand and receive twenty-five cents for each and every brand and mark, or brand or mark alone, when only one is used; and whenever a certificate of the recorder is required, he shall be entitled to demand and receive twenty-five cents for the same.

These provisions shall not be so construed as in any manner to interfere with the central office for the recording of marks and brands for certain parishes, heretofore established at Vermilionville, in the parish of Lafayette.

Act 49, 1886. Plantation brands shall not be used to brand adulterated sugar or molasses; printed under title “Quarantine," sub-title "Adulteration of Food."

Act 104, 1892. Not to alter brands on logs, printed under Sec. 817, title “Crimes and Offences," sub-title "Offences Against Property."

Act 120, 1896. Names and marks on soda water bottles, printed under Sec. 832, title "Crimes and Offences," sub-title "Offences Against Property."

BUILDING AND LOAN ASSOCIATIONS.

Act 115, 1888, p. 178.

AN ACT to provide that the capital stock of building or homestead associations, societies and companies shall not be less than twenty thousand dollars; to require the secretary and the treasurer of such associations, or officers acting as such, to furnish bond and security for the faithful discharge of their duties: to provide for statements being made to the shareholders of such associations; to authorize such associations to bay, improve, repair and build upon real estate, and to sell real estate; to authorize such associations to agree to purchase property from any person and to sell the same to such person; to provide that such agreements shall be valid, even though made at one and the same time; to provide in such cases that such associations shall have all the rights, privileges and securities, now accorded to the vendor of property; to authorize shareholders of any such association to pledge installments on their stock paid in and to be paid in, for the security of debts due such association, and to repeal all laws contrary to this act.

SECTION 1. That the capital stock of all building or homestead associations, societies or companies, such as are now organized and carried on in this State, both those which have been already incorporated and those which may hereafter be incorporated under the laws of this State, providing for the organization of corporations for works of public improvement, etc., may be divided into shares and may be payable in installments as may be provided in the respective charters of such associations: provided that no such association shall carry on business in this State until, at least, the sum of twenty thousand dollars shall have been subscribed to its capital stock, and that the instalments upon such stock shall amount to, at least, twenty-five cents a share a month; and provided further, that every such association now carrying on business with a capital stock of less than twenty thousand dollars shall be permitted to increase its capital stock to said amount, as provided by existing laws.

SEC. 2. That the secretary and treasurer of every such association or the officers acting as such, shall each file in the office of the recorder of mortgages, in the parish where said association is domiciled, a bond with good and solvent surety or sureties for a sum to be fixed by resolution, of the board of directors, provided it be not less than one thousand dollars, such bonds to secure the faithful discharge of the duties of such secretary and of such treasurer; that the surety or sureties upon such bonds shall not be deemed sufficient, unless they shall be accepted and approved by the board of directors of such associations and by the judge, or one of the judges, of the district court of the parish in which such association may be domiciled, and that said bonds shall be made in favor of the association to which said officers belong, and shall enure to the benefit as well of such association as of any shareholder thereof, or person interested therein, who may be damaged or injured, or may suffer any loss by reason of such officers failing to perform the duties incumbent upon them, or performing such duties improperly. SEC. 3. That there shall be held annually a general meeting of the shareholders of every such association, and, at said meeting, the board of directors, through the secretary or other officer whom they may designate, shall make to the shareholders a full and complete statement, detailing and setting forth all the assets and liabilities of such association, and all its transactions during the previous year.

SEC. 4. That it shall be lawful for such associations to purchase from any shareholder, or other person, any real estate, improved or unimproved, and to sell the same, either in the same condition or after improving, repairing or building upon the same, to any shareholder or other person; provided, that such associations may make sales of property, real or personal, either for cash or on terms of credit: that such associations shall have power to improve, repair and build upon real estate, and to make all contracts and do all acts and things necessary and proper in connection therewith; that in case any such association shall purchase property from any person, and shall afterwards sell the same property to the same person, then such association shall have the vendor's lien and privilege upon the property so sold, for the security of the payment of the money due by such