3620. No Transfer of Real Estate Until Taxes Are Paid.— Neither the sheriff nor the notaries of the parish of Orleans shall pass or execute any act for the sale, transfer or exchange of any real estate situated with said parish, unless the State, parish and municipal taxes due on the same be first paid, to be shown by the tax collector's receipt, and certificate to that purpose.

See Sec. 2519.

3621. Penalties for Violation of Section 3619.-The sheriff or notary public violating the provisions of the preceding section shall, upon conviction thereof, be fined in a sum not less than fifty nor more than two hundred dollars for each violation, to be recovered by the district attorney for the use of the free schools of the parish of Orleans.

See Sec. 2520.

3622, 3623. Sheriff and notaries in Orleans to demand production of non-alienation certificate, before passing act of sale of real estate; penalty for violation. See Secs. 2528, 2529.

3624. Conditions of Credit Sales Made by Sheriff.-Whenever the sheriff of any of the parishes of this State, shall advertise any property to be sold on a twelve month's bond, he shall in the printed advertisements of said sale, notify the public that out of the price of adjudication the purchaser shall have to deduct and pay, in cash, the amount of printing, the sheriff's and clerk's fees, as well as the State, parish and municipal taxes, and the sheriff shall, as near as possible, specify what the said costs and taxes amount to (as amended by Act 22, 1884, p. 27).

3625. Seizure of Real Estate, Description.-Whenever a party to any judicial proceeding whatsoever shall desire the sheriff or other officer of the parishes of Orleans or Jefferson, to whom any order or writ may have been directed, ordering said sheriff or other officer to seize, under mesne or final process, any tract of land, lot or parcel of ground, whether vacant or improved, which shall be situated in said parish of Orleans or Jefferson, the party desiring such seizure shall annex to such writ or order at the time it is issued, or give to the sheriff, or other officer to whom such writ or order may have been directed, an exact and complete description, with metes and bounds of the property (Act 189, 1857, 185).

3626. Manner of Executing Seizure. The sheriff or other officer to whom such writ or order may have been directed shall make or cause to be made three notices containing the title of the suit, the number upon the docket and name of the court from which the writ or order issued, and the amount of the claim specified in said

order or writ, also an exact copy of the description given him, and of the metes and bounds of the property to be seized.

3627. Service of Notice and Recording.-The said sheriff or other officer shall serve or cause to be served upon the party whose property is to be seized, one of the notices mentioned in section three thousand six hundred and twenty-six, and shall also cause to be recorded, in the office of the recorder of mortgages of the parish where the property may be situated, another of said notices.

3628. Further Duty of Sheriff.-As soon as said notices shall have been recorded, as provided for in the three thousand six hundred and twenty-seventh section of this act, the sheriff or officer shall enter upon a book in his office, to be known as the "Seizure Book," the description given of the property seized, together with the day and hour of its recordation in the office of the recorder of mortgages, and shall, upon the notice remaining in his hand, make due return of the service and date and hour of its recordation.

3629. Recording Description, Effect.-The recording of the description and notice mentioned in the three thousand six hundred and twenty-seventh section, shall be deemed and considered as the seizure and possession by the sheriff of the property therein described, and it shall be unnecessary to appoint a keeper thereof.

3630. Fees of Recorder and Sheriff.-The fee of the recorder of mortgages, for recording the notice delivered to him by the sheriff, shall be one dollar for each notice, to be paid by the sheriff, and the sheriff shall not be obliged to make any seizure, in the manner prescribed by this act, unless the plaintiff advances to him, in cash, the sum of one dollar, which is to be taxed as part of the costs of suit, and the sheriff shall also be entitled to a fee of fifty cents for each seizure recorded in the seizure book kept in his office.

3631. Fees of sheriff and constable for serving process. See Sec. 623.

3632 to 3634. Appraisement of property to be sold. See Secs. 67 to 6.

3635 to 3638. Duties of sheriffs in Metropolitan Police districts. Repealed. See Secs. 2305 to 2308.

3639. Vagrants, preliminary examination, etc. Repealed. See Sec. 2299.

FEES FOR KEEPING PRISONERS, ORLEANS.

Act 55, E. S. 1877, p. 86.

AN ACT relative to the compensation and fees of the Criminal Sheriff of the parish of Orleans, and to repeal all laws inconsistent herewith.

SECTION 1. That the Criminal Sheriff for the parish of Orleans shall be entitled to demand and receive for the keeping and maintenance of every prisoner

confined in the Parish Prison of said parish forty cents a day, which shall be in full for all expenses attending the same, including medicines, blankets, clothing. turnkey's fees, fuel, brooms, buckets, sand, etc., and cost of transportation of convicts to the Penitentiary, it being understood, except for the fees above established, that the city of New Orleans shall be liable only for the payment of lights and repairs of said building, "upon estimates to be made by the Administrator of Water Works and Public Buildings;" provided, that if the Common Council of the said city of New Orleans shall not cause the bills of the said Criminal Sheriff to be paid to him in cash, within thirty days after they shall be rendered as hereinafter provided, then the said Criminal Sheriff shall be entitled to charge and receive forty-eight cents per day instead of forty cents for the keeping and maintenance of each prisoner charged for in said bill or bills.

SEC. 2. That the Criminal Sheriff shall be entitled to receive for his services as Sheriff of the Criminal Courts the fees as now established by law.

SEC. 3. That the city of New Orleans shall pay the Criminal Sheriff monthly for his fees as aforesaid, on bills to be rendered by him, giving the date, number and title of suit, and his charges in detail, to be certified by the oath of said Sheriff, and to be approved by the clerk and judge of the court in which the services are performed; provided, such certificate and approval shall be only prima facie proof of the correctness of said bills.

SEC. 4. That no fees and costs, nor any other compensation other than those hereinbefore specified, shall be claimed by or allowed the Criminal Sheriff under any pretense.

SEC. 5. That all laws or parts of laws inconsistent or in conflict with the terms and provisions of this Act be and are hereby repealed, and that this act shall take effect from and after its passage.

Act 73, E. S. 1877, p. 110.

AN ACT to allow the police juries of the various parishes of this State to fix the compensation of sheriffs for keeping and maintaining prisoners in the common jail.

SECTION 1. That the police juries throughout the State be and they are hereby authorized and empowered by ordinance to fix and regulate the fees and compensation of the sheriffs of their respective parishes relative to the keeping and maintaining of the prisoners in jail; provided, that such compensation shall in no case exceed the sum of fifty cents nor less than twenty-five cents per diem for each prisoner.

SEC. 2. That this act shall take effect from and after its passage, and that all laws in conflict herewith be and the same are hereby repealed.

SALARIES OF DEPUTIES, ORLEANS.

Act 37, 1884, p. 43.

AN ACT fixing the salaries of the deputies to the Criminal Sheriff for the parish of Orleans, and providing for the budgeting for and payment of the salaries of the said Criminal Sheriff and of such deputies to the Criminal Sheriff by the city of New Orleans.

WHEREAS, Evidence has been exhibited that due public notice has been given in conformity with Article 48 of the Constitution, of the intention to apply to the Legislature for the passage of this act.

SECTION 1. That the salaries of the deputies to the Criminal Sheriff for the parish of Orleans are hereby fixed as follows: One chief deputy, fifteen hundred dollars per annum; one deputy in charge of parish prison, twelve hundred dollars per annum; two deputies, as criers in Criminal District Court, each, one thousand dollars per annum; each other deputy eight hundred and forty dollars per annum.

SEC. 2. That the salaries of the Criminal Sheriff for the parish of Orleans and of his deputies, shall be paid by the city of New Orleans.

SEC. 3. That it shall be the duty of the Council for the city of New Orleans, immediately after the passage of this act, to so amend the budget of revenues and expenses, and cause such amendment to be published in the manner provided by Section 64 of Act No. 20 of the General Assembly, approved June 23, 1882, that

the necessary appropriation may be made for the payment of the amount of salaries required to be paid by the city of New Orleans to the Criminal Sheriff for the parish of Orleans and his lawful deputies.

SEC. 4. That yearly hereafter the Council of the city of New Orleans shall include the necessary amounts for the payment of the salaries of the Criminal Sheriff of the parish of Orleans and of his lawful deputies, in the budget of revenues and expenses made by the said council, in conformity to the provisions of Section 64 of Act No. 20 of the General Assembly of the State, approved June 23, 1882.

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

See Act 115, 1880, p. 141.

SURETIES ON BONDS.

Act 6, 1894, p. 6.

AN ACT in reference to the acceptance of sureties on bonds, taken by the Civil Sheriff of the parish of Orleans.

SECTION 1. That in all cases, where the Civil Sheriff of the parish of Orleans is required to accept bonds; whether forthcoming bonds, indemnity bonds or bonds of any other character under any law now in existence in the State, or that may hereafter be adopted, said Sheriff shall have the right before accepting the surety, to have his solvency and qualifications passed upon by the Court, contradictorily with the parties in interest, which proceeding may be heard by the Court either in open Court or at Chambers, and after three days' notice.

SEC. 2. That if the Court finds that the surety is solvent and possessed of the qualifications prescribed by law, the bond shall then be made in favor of the parties to the case, and said Sheriff be relieved of all responsibility.

SEC. 3. That the Sheriff may accept the surety without referring the matter to the Court, in which case the provisions of existing laws in reference to the assignment of the bond, its return into Court and proceedings to impose liability upon the Sheriff shall apply.

TRAILING DOGS.

Act 156, 1894, p. 196.

AN ACT providing that the sheriffs of the several parishes of the State of Louisiana, the parish of Orleans excepted, may keep constantly on hand track or trailing dogs, not to exceed four in number, for the purpose of tracing and pursuing fugitives from justice, and to provide for the purchase and maintenance of the same.

SECTION 1. That the sheriffs of the several parishes of the State, the parish of Orleans excepted, may with the approval of the District Judge keep constantly on hand track or trailing dogs, not to exceed four in number for the purpose of tracing and pursuing criminals and fugitives from justice.

SEC. 2. That the said dogs shall be purchased and furnished by the sheriffs at the expense of the parish at a price not to exceed forty dollars per dog; each sheriff shall be allowed by the parish four dollars per month, for the keeping, maintenance and training of said pack of dogs.

Act 11, 1880.

Act 33, 1880.
Act 111, 1880.

Act 132, 1880.

Act 135, 1880.

Act 136, 1880.

Act 106, 1884.

Act 57, 1888.

Not permitted to be bondsman, printed at p. 609.
Deposit of money, etc., printed at p. 110.
Office building, etc., printed at p. 487.
Stationery, how supplied, printed at p. 712.
Removal from office, printed at p. 610.
Fees in Orleans, printed at p. 181 et seq.
Not to hold certain offices, printed at p. 612.
Extortion in office, printed at p. 609

Act 25, 1892. Transportation of lepers, printed at p. 530.

Act 33, 1894. To list for taxation property which came into parish after completion of rolls, printed at p. 816.

Act 36, 1894. To make reports of public funds disbursed, printed at p. 613.
Act 169, 1894. Duties in connection with lotteries, printed at p. 530.

Act 118, 1896. Suspension of defaulting tax collectors, printed at p. 612.
See titles "Police Juries," "Prisons,"
66
'Sales," Elections,"

Works,"

Sales," "Municipal Corporations,'
"" Officers."

"Public

SLANDER AND LIBEL.

3640. Defense in Civil Suits. Whenever any civil suit for slander, defamation, or for a libel, shall be instituted in any court of this State, it shall be lawful for the defendant to plead in justification the truth of the slanderous, defamatory or libelous words or matter, for the uttering or publishing of which he may be sued; and in the trial of the issue in such suit, to maiutain and prove his said plea by all legal evidence (Act 311, 1855, 394.)

3641. Defense in criminal prosecutions, truth may be urged. See Sec. 989.

Const.. Art. 168.

3642. Clients are not liable for slanderous words uttered by attorney, but attorney is. See Sec. 123.

3643. Penalty for slander, etc. See Sec. 804.

STATE DEBT

Beginning with Act 3, 1874, the Legislature has enacted many acts relating to this subject. There are also constitutional provisions in existence. The force and effect of the legislation has largely, at ieast, been exhausted, and, at best, it was of interest to comparatively few individuals. The acts are, therefore, not printed in full. It is, however, proper in a work like this to make some reference to the legislation on the subject, and a short synopsis of the acts is given. Those which establish a permanent rule of conduct for the Board of Liquidation, etc., are printed in full.

Act 3, 1874, p. 39, as amended by Act 58, 1877, p. 77, and Act 77, E. S. 1877, p. 113, created the Board of Liquidation of the State Debt; provided for the issue of "Consolidated Bonds," at the rate of 60 cents on the dollar, for the outstanding warrants and bonds; limited the amount of the debt to $15,000,000, etc., and repealed all previous laws on the subject.

There is much jurisprudence on the subject. The leading cases decided since 1885, and citing almost all previous cases, are Adams vs. Board, 39 An. 689; Jardet