courts to number all papers filed in any suit, under a penalty of To number all fifty dollars, to be imposed by the court. C. P. 775, 1045; D. Sec. 466-469, 474-477; 4 R. R. 52. papers filed in any suit. of first district Sec. 509. The clerk of the first district court of New Or- Salary of clerk leans shall receive an annual salary of six thousand dollars, as court. provided by the following section: ary shall be Sec. 510. His salary shall be paid out of the ordinary fees fixed by the general fee bill, and out of the fines and forfeitures Manner in for violation of the criminal laws of the State; the deficiency re- which his salmaining to be paid by the treasurer of the State, upon an ac- paid. count rendered by the clerk, under oath, countersigned by the judge, showing the precise amount collected by him from fees, fines and forfeitures, to be signed by the judge only on his being satisfied that the clerk has used diligence in making collections. The clerk shall pay his deputies out of the salary thus allowed him. lator abol ished. Sec. 511. The office of translator of the first district court of the city of New Orleans is abolished, and the duty shall here- office of transafter be performed by the clerk of the court; or in case of his inability to perform that duty, by any competent person appointed by the court, to be paid out of the fees or emoluments due the clerk, such sum as may be directed by the court according to the services rendered. C. P. 784. clerks in the sioners. Sec. 512. Within the parish of Orleans, any notary public or clerk of a district court is hereby appointed commissioner to take testimony of witnesses in suits pending in the courts of the Notaries and parish of Orleans, before either of whom the parties to any suit parish of Orleans appointpending in any court of the parish of Orleans may proceed to ed commishave the testimony of witnesses taken in the mode and manner hereinbefore specified; and said commissioners shall be vested with all the powers herein granted to the clerks of the courts out of the parish of Orleans; and provided that said commissioners, or either of them, may proceed to take such deposition, on giving twenty-four hours' notice to the opposite party, or his counsel, of the time and place of taking the deposition; for this purpose notaries public are authorized to administer oaths and to execute commissions, to take testimony issued from other States or parishes of this State in the manner required by law. C. P. 424, 489, 467; D. Sec. 488, 621, 2539; 6 N. S. 280; 5 R. R. 17, 127. Act 1668, p. 114. Sec. 513. The Code of Practice which the legislature has adopted and passed this session under the title of "Code of Practice in civil cases for the State of Louisiana," shall be printed in the same number of copies, and shall be promul gated in the same manner and at the same time as the Civil Code.* D. Sec. 8990. Act 1824, p. 178. Sec. 514. In case the said Code of Practice should contain Its provisions any provisions contrary or repugnant to those of the Civil Code, the latter shall be considered as virtually repealed or thereby amended in that respect. to prevail. Repeal of former rules of Code of Praetice declared to have the force of law. D. Sec. 592, 3990. Sec. 515. All the rules of proceeding which existed in this State before the promulgation of the Code of Practice, except those relative to juries, recusation of judges and other officers and of witnesses, and with respect to the competency of the latter, be and they are hereby abrogated; and all the civil laws which were in force before the promulgation of the Civil Code lately promulgated, be and are hereby abrogated, except so much as is embraced in its third chapter, which treats of the dissolution of communities or corporations. Act 1828, p. 160. Sec. 516. The Code of Practice, such as it has been sent to the several courts in this State in the year eighteen hundred and twenty-five, shall be considered as having full force of law, though its provisions are not preceded by these usual words, "Be it enacted," and it had been omitted to mention, at the end of said Code, the names of the president of the senate, the speaker of the house of representatives, and of the governor who signed the same, and of the date when the said Code was approved. The Code of Practice received legislative sanction on the twelfth April, 1824, and was promulgated throughout the State on the second October, 1825. 2 La. 345; 11 ib. 517. Sec. 517. Article one hundred and five shall be amended so as to make the English correspond with the French text, by inserting after the words, "bed and board," the words, or for the separation of property. C. P. 105. Act 1826, p. 166. Sec. 518. It is a general rule in civil matters that one must be sued before his own judge, that is to say, before the judge having jurisdiction over the place where he has his domicile or residence, and shall not be permitted to elect any other domicile or residence for the purpose of being sued, but this rule is subject to those exceptions expressly provided for by law. C. C. 38 (42); C. P. 162; D. Sec. 725, 1202-1206, 2353, 3714, 3722, 3856; 23 A. Sec. 519. Number five of article one hundred and sixty-five C. P. 169. Act 1839, p. 162. Sec. 521. Oyer. So much of article one hundred and seventy-five as requires the original of an act or note under private signature to be annexed to the petition, is repealed; Provided, Provided. That if the defendant pray a view or oyer of the document declared upon, the court shall order the same to be filed within a reasonable delay, and in default of the plaintiff's complying with the order, his petition shall be dismissed. C. P. 175; D. Sec. 2623, 2636. Act 1826, p. 161. Sec. 522. The following days shall be considered as days of public rest in this State, namely: The First of January, Eighth of January, Twenty-second of February, Fourth of July, Twenty-fifth of December, Sundays, and Good Friday. C. P. 207, 237, 318; D. Sec. 324, 1114, 3536. Act 1838, p. 44. Act 1870, p. 98. Act 1872, No 42. Sec. 523. So much of article two hundred and eleven as exempts from arrest emancipated minors for debts legally contracted by them after emancipation, is repealed. C. P. 211, 1037 ; D. Sec. 94, 2321. Act 1826, p. 168. Sec. 524. Articles two hundred and twelve and two hundred and fourteen of the Code of Practice, shall be so amended, that to enable the creditor to arrest a debtor, it shall be necessary for the creditor, his agent or attorney, to swear that he verily believes that the debtor is about to depart permanently from the State, without leaving in it sufficient property to satisfy his demands; and lastly, that he does not take this oath with the intention of vexing the defendant. C. P. 212, 214; D. Sec. 87, 93, 96, 532, 584; 28 A. R. 165; 24 A. R. 330. Act 1840, p. 181. Act 1871, No. 103, p. 18. Sec. 525. In all cases where attachments, arrests and sequestrations are demandable, the plaintiff, his agent or attorney, having made affidavit and given bond in conformity to law, and having filed the same in court, it shall be the duty of the judge to order, forthwith, the process required, without any petition being then presented; but the usual petition shall be filed on the day succeeding that on which the process shall have issued, except in cases where a day of public rest shall be the succeeding day; then on the day next succeeding such day of public rest, and the sheriff shall proceed immediately to execute process according to its tenor. C. P. 237, 276; D. Sec. 101, 3536. Act 1828, p. 150. Sec. 526. The affidavit required by the two hundred and fourteenth article of the Code of Practice, may be written either at the foot of plaintiff's petition, or annexed to said petition. C. P. 214; D. Sec. 95; 24 A. R. 330. Act 1828, p. 150. Sec. 527. Article two hundred and fourteen of the Code of Practice is amended and re-enacted so as to read as follows: "Previous to obtaining an order of arrest against his debtor to compel him to give sufficient security that he shall not depart from the State, the creditor must swear in the petition which he presents to that effect, to any competent judge, that the debt or damages which he claims, and the amount of which he specifies, is really due to him, and that he verily believes that the defendant is about to remove from the State permanently, without leaving in it sufficient property to satisfy his demand, and that he does not take this oath with the intention of vexing the defendant, but only in order to secure his demand. The creditor, his agent, or attorney in fact, praying such arrest, must besides annex to his petition his obligation in favor of the defendant for a sum exceeding by one-half the amount of that which he claims, with the surety of one good and solvent person, residing within the jurisdiction of the court, as a security for the payment of such damages as the defendant may recover against him, in case it should be decided that the arrest was wrongfully sued out. C. P. 214; D. Sec. 93, 95. Act 1856, p. 80. Sec. 528. In all cases where, by any provision of the Code, an oath of a party is required, it may (in case of the absence of said party) be made by his agent or attorney; and in such case it shall be sufficient for the agent or attorney to swear to the best of his knowledge and belief. C. P. 216, 217; D. Sec. 3, 98, 130, 2567. Act 1839, p. 168. Sec. 529. The oath required by articles two hundred and sixteen and two hundred and seventeen, may be taken before any judge or justice of the peace, or clerk of court, and all oaths required to be taken in case of arrest of the debtor, or in order to obtain the orders of attachment, provisional seizures, sequestration of the debtor's property, or injunction, shall be administered by the persons above mentioned. C. P. 216, 217; D. Sec. 3, 97, 2568. Act 1826, p. 168. Sec. 530. The time given by article two hundred and twenty-seven shall be twenty, instead of ten days, for excepting to the securities taken by the sheriff; and, out of the first judicial district, instead of moving for a rule of court, the plaintiff may make his exceptions before the judge in chambers. C. P. 227; D. Sec. 99, 3730. Act 1826, p. 168. Sec. 531. Article two hundred and thirty-five of the Code of Practice shall be so amended, that the surety therein mentioned, against whom a motion shall have been made to render him liable for the amount of the judgment given against the debtor, shall be tried summarily, and without the intervention of a jury, unless the surety shall allege, under oath, that the signature to the bond, purporting to be his, is not genuine, or that the judgment has been satisfied. C. P. 235; D. Sec. 100, 3731. Act 1839, p. 162. Sec. 532. Article two hundred and forty of the Code of Practice shall be so amended, that the words "never again to return," be stricken out, and the word "permanently" inserted in lieu thereof. C P. 240; D. Sec. 103, 524, 534; 24 A. R. 352. Act 1839, p. 162. Sec. 533. Articles two hundred and forty-two, two hundred and forty-three, and two hundred and forty-four, of the Code of Practice, shall be so amended, that in cases where the debt or obligation is not yet due, it shall be lawful for a writ of attachment to issue, whenever the judge shall be satisfied by the oath of the creditor or his agent of the existence of the debt, and upon the creditor or his agent taking oath to either of the requisites in number one, two or three of article two hundred and forty, and complying with article two hundred and fortyfour, and moreover swearing that the debtor is about to remove his property out of the State before the debt becomes due, it shall be sufficient for the oath required to be taken by the agent, to be to the best of his knowledge and belief; and it shall be deemed sufficient for the creditor, in order to obtain an attachment, to make the oath required to be taken by him in conformity to any of the requisites of number one, two or three, of article two hundred and forty. C. P. 242, 243, 244; D. Sec. 104, 2569, 2570. Act 1826, p. 170. Sec. 534. Article two hundred and forty-three shall be so amended, that in lieu of the oath prescribed by that article, it shall be sufficient for the creditor to swear to the existence of the debt demanded by him, and that he verily believes that the debtor has left the State permanently, or that he resides out of the State, or conceals himself so that citation can not be served on him. C. P. 243; D. Sec. 105, 524, 582, 2570. Act 1889, p. 164. |