cancy ministered by tain cases. for, or will be willing to accept the curatorship, or when a va- Small succesexists in such appointment, to which no one demands the sions to be adnomination, the clerk shall assume the administration of such clerks in cersuccession. He shall cause the effects to be sold, and the proceeds to be applied to the payment of its debts; the whole to be done in as summary a manner as possible to diminish costs; provided that this section is not to apply to successions amounting to more than five hundred dollars. C. C. 1172 (1160), 1190 (1178); D. Sec. 3691; 12 L. 118; 1 R. R. 559; 8 A. R. 140; 18 A. R. 729. sent to the au Sec. 473. It shall be their duty to send, at the end of every List of vacant year, a list, certified under their hands and seals, of all the va- estates to be cant estates which were opened in their respective parishes ditor. during the year, with mention of the name and surname of the deceased, the time of his death, the name and surname of the curator or executor of the estate, to the auditor of public ac counts. C. C. 1198; D. Sec. 8684, 3692. Act 1855, p. 400, § 8. ceedings to be Sec. 474. It shall be the duty of the clerks, within six months after the rendition of a final judgment, in all causes to record, in Judicial proa well bound book, the petition, answer, orders of court and in- recorded withterlocutory judgments, together with the final judgment of the court rendered thereon. C. P. 544, 775-779, 1045; 4 R. R 52; 11 A. R. 521. in six months. when made. of appeal, Sec. 475. In case of appeal, it shall be their duty to record Record, in case the pleadings and judgments as aforesaid, together with the judgment of the parish, district and appellate court, within six months from the filing of the judgment of the appellate court. See. 476. In case no judgment shall be rendered in the appellate court, by reason of the appeal being dismissed, it shall made, in case be the duty of the clerks to record the pleadings and judgment, as directed by the preceding section, within six months from the notice of the dismissal or discontinuance being filed in the court. Record, when of dismissal of appeal. olating the Sec. 477. Any clerk neglecting or refusing to comply with the provisions of the three preceding sections shall be consid-Pay for vi ered as guilty of a breach of good behavior, and on due proof three precedthereof, shall be removed from office. ing sections. Sec. 478. When a fine shall be imposed by any court of justice for the non-attendance of any witness or juror, or for any Fines, how Imtwo judicial days, a writ of fieri facias at the suit of the State, other cause, it shall be the duty of the clerk to issue, within posed and colagainst the person on whom the fine shall have been imposed; Fines not to be tines shall not be imposed without a rule on the party to show out a rule to cause, unless the circumstances of the case should, in the discre- ' tion of the court, require no delay. D. Sec. 881. imposed with show cause. keeping his ofplace provided for the clerk of any court at the seat of justice, it shall be his fice in the Sec. 479. Whenever any parish shall provide a suitable office Fine for not duty to keep his office in the building so provided; and, failing therefor. case of official so to do, he shall be fined in a sum not exceeding ten dollars for every month he shall keep his office elsewhere. Sec. 480. Whenever a complaint in writing shall be made Proceedings in against the clerk of a District Court, it shall be the duty of the misconduct or Court to appoint a day for hearing the evidence, when the court breach of good shall render such judgment as may be proper; and in the meantime the court may suspend the clerk, and appoint another pro tempore. behavior. bills of his fees on retiring from office. Sec. 481. Whenever a clerk shall retire from office, he shall To file specific cause to be filed with the suits or proceedings in which he may be entitled to costs, within twenty days, specific bills of his fees, and in default thereof, or if any item shall be overcharged, the same shall be forfeited, and such clerk forever barred from collecting the same. specific bill of D. Sec. 749, 3558. Sec. 482. It shall be the duty of every clerk, upon the appliTo furnish a cation of any person interested, to furnish such person with a the taxed costs specific bill of the taxed costs of suit; and any item of fees due when required. the clerk, that may be overcharged, shall be forfeited. Nothing contained in this section shall be construed as repealing the laws of this State punishing clerks for extortion in office. Clerks of district courts deputies. Provided. Sec. 483. Clerks of district courts shall have the right to apmay appoint point as many deputies as they may deem advisable, who shall perform ministerial acts only, and who shall take the oath prescribed by the constitution of the State, and who shall discharge the duties imposed upon them as such by law; Provided, That it shall be the duty of the clerk of each district court in this State to appoint a deputy competent to discharge the duties of a minute clerk to such court when the clerk does not perform this duty, and no such deputy clerk shall act as clerk until his appointment shall be approved by the judge of such court. Duties of ish courts. C. P. 782. Act 1868, p. 106; 2 L. R. 313; 3 L. R. 54; 4 L. R. 495; 15 L. R. 83; 2 A. R. 247. Sec. 484. The clerks of the several district courts of this clerks in par- State shall perform all the clerical duties to be performed in and for the parish courts of the several parishes, such as issuing citations, copies of petitions, executions, writs of seizure and sale, injunctions, attachments, provisional seizures, arrests and all other writs or orders of every kind ordered to be issued by the parish court in session or in chambers, and to give official copies of all records or papers of any and every kind from the parish court, whether in ordinary or probate proceedings, as well as the issuance of all writs and orders in probate proceedings not required by law to be issued by the parish judge; for such services said clerk of the district court shall have such fees as are now or may hereafter be provided by law for such services, in both ordinary, probate and criminal cases or proceedings; and the clerk of the district court, or his deputy, sha always be in attendance on the parish court at all its terms and sittings, and be always ready out of term time to perform any of the services required of such clerk by the parish judge. The said clerks of the district courts of the several parishes shall keep in separate bound books, prepared for the purpose, three dockets for the parish courts-one for probate suits or cases, one for ordinary civil suits, and one for criminal cases cognizable in the parish courts; and at each term of the parish courts for the trial of all classes of causes of which such courts may have jurisdiction, the said clerks of the district courts of the respective parishes shall prepare, for the use of said courts, duplicate abstracts from such dockets of all causes undisposed of, with an abstract of all rules and orders made in each of said causes at any previous term of court; and at the term of the parish court at which probate causes only are to be tried, the said clerks shall prepare for the parish courts duplicate abstracts of all probate causes undisposed of, with an abstract of all rules and orders made at any previous term of the parish court; on the failure of the clerk to attend such parish courts, by himself or deputy, as aforesaid, and to have such dockets and abstracts prepared and ready at the commencement of each term of court, as is herein required, such clerk shall be subject to a fine of twenty-five dollars per day, or any fraction of a day, he may be so in delay, which fine shall be entered on the minutes of the court, and be collected by execution issued by the judge to the sheriff of such parish. The said clerks, or their deputies, whilst in attendance on the parish courts, as aforesaid, shall obey all legal orders of the parish judge, and a failure or refusal to obey or execute any legal order of the parish judge, in or out of term time, shall be held to be a contempt of court, and the judge may, for such contempt, fine such clerk or his deputy in the sum of one hundred dollars and imprisonment in jail, not exceeding ten days for each offense, which fine or order of imprisonment, or both, shall be entered on the minutes of the court by the judge, and shall be executed by the sheriff of such parish on the written order of the judge, and after the fine and written order of imprisonment provided by this section shall be entered on the minutes of court, it shall not be legal for the judge to remit the same or any part of them; and the parish court shall not be entitled to a clerk of the parish court. This section or any provisions in it shall not apply to any proceedings in cases of appeals from justices of the peace courts to the parish courts; in all such cases the parish judge shall be his own clerk, and issue all such orders and writs of any kind pertaining thereto, and shall be entitled to all fees resulting therefrom, the same that are now fixed by law for clerks or may be hereafter so fixed; And provided further, That parish judges may perform the Provided. issued by the clerks of the district courts in their respective ceremony of marriage, but that all marriage licenses shall be parishes. D. Sec. 2020, 2207. Act 1869, p. 140. Sec. 485. The clerks of the courts in each parish shall obtain Style of seal. a seal, to be paid for by the parish, which shall contain a vignette of the State seal, with the words "Seal of the clerk of the fusal of clerks. Penalties. parish of ," which seal shall be used by the clerk of such C. P. 774; D. Sec. 2021, 3474. Act 1868, p. 60. Sec. 486. Any clerk of the court who shall neglect, fail or refuse to issue any copy, paper, citation, writ or other process when so required to do by any party or their counsel authorized Neglect or re- to require such service, who has made the proper deposit and complied with the requirements of law authorizing them to demand such service from the clerk, such clerk shall, on such facts being brought to the attention of the court in writing, sworn to by the party making it, which shall be served with the order made thereon by the judge, fixing the time for trial thereof, not exceeding two days from the date of the order, on such trial, which shall be summary and without jury, if such clerk shall be found guilty of the charge, be considered in contempt of court, and be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, or suspended from of fice, either one or all, and the clerk and his securities on his official bond shall be responsible to any party for any damage that may result from his failure, refusal or neglect to perform any duty required of him by law. If such clerk is suspended from office, it shall be the duty of the district judge to appoint a clerk to act in his place, who shall take the oath and give the bond required of clerks, and who shall receive all the fees and emoluments of the office during the time he acts as clerk. When any judge shall suspend any clerk from office, he shall transmit to the governor the proceedings, evidence and judgment of suspension, who shall lay the same before the legislature at its next session, to the end that the legislature may ratify or reject such suspension from office. If the suspension should be ratified, then such office shall be considered vacant, and be filled as provided by law. If the legislature shall fail to ratify such suspension from office, then such officer is to be restored to his office, but shall be liable for any contempt or delinquency thereafter committed as in the first instance. A failure of the legislature to act at the first session after such suspension shall leave the suspension in force; Provided, That the legislature may act on the case at any subsequent session, and the consequence of their action shall be as above set forth. Provided. fees. D. Sec. 1089, 1955, 3595. Act 1868, p. 161. Sec. 487. Any failure of the clerk of any court to comply with any legal formality in issuing citation, petition, or otherprocess, or if the same is not a true copy, or legal in form or Forfeiture of substance, no fee shall be charged by the clerk for issuing such copy or process; and he shall, moreover, be responsible to the sheriff for any costs he may incur in executing, or attempting to execute, any such process, and the parties to such suit shall not be charged with any of the clerk's or sheriff's costs, above re ferred to, and any costs that may be incurred by any sheriff in executing or attempting to execute or serve any writ or paper, or other process which has not been executed or served in the manner pointed out by law, shall not be charged against any party in any suit; but all such costs, and the expenses incident thereto, shall be borne by such sheriff. D. Sec. 1090, 1956, 3596. courts may Sec. 488. In the several parishes of this State (the parish of Orleans excepted), the clerks of the several district courts of Clerks of the several parishes of the State be, and they are hereby, con- take deposistituted commissioners for the taking of depositions of witnesses cases. to be used in any of the courts of this State. C. P. 424; D. Sec. 614, 2532. Act 1868, p. 114. tions in certain shall apply to Sec. 489. Whenever any party to a suit pending in any of the courts of this State desire to have the depositions of witnesses, on whose testimony he relies, taken in writing, said party shall apply to the clerk of the court in which said suit is pend- Applicant ing, to take the testimony of his witnesses in writing, and there- the clerk. upon said clerk shall proceed to take the testimony of such witnesses in writing, either by himself or some other disinterested person in his presence, after giving to the opposite party or parties, or their attorneys, at least two days' previous notice of the time and place specified in said notice; and if the party or his counsel reside out of the parish, ten days' notice shall be given, to date from the service of notice; which depositions, when so reduced to writing, as aforesaid, shall be sworn to and signed by each witness, if they know how to write; if not, by their ordinary mark, attested by the clerk taking the same, which depo- Testimony, sitions, when so taken, shall be certified to by the clerk taking how verified. the same, under the seal of the court attached thereto, and forthwith filed in the records of the suit. D. Sec. 615, 2533. ing objections Sec. 490. Should any objection be made by either of the parties, or their attorneys, to the taking any part or the whole of the deposition of any witness, it shall be the duty of the clerk Parties makto take down the question of the party, the answer of the wit- to testimony. ness thereto, as well as the objections made to the same, stating by whom such objection is made, as a part of the proceedings had, the regularity of which or any part of which objection shall be determined by the court in which the depositions are to be made on the trial of the cause. D. Sec. 616, 2534. Sec. 491. All depositions of witnesses, taken as aforesaid, shall be evidence for either party desiring to use the same on the trial of the suit in which they are taken, subject to the rejec- Depositions to the court of such portion or the whole thereof, as may be used as tes have been objected to at the taking of the same, or such other trial." legal objection as may be made to the introduction thereof at tion by the trial of the cause. D. Sec. 617, 2535. timony on |