Sec. 559. Article four hundred and thirty-six shall be so amended that it shall be sufficient for a party wishing to take testimony of witnesses residing out of the State to apply for the same to any judge having jurisdiction of the cause, and not in open court, and it shall be sufficient simply to swear to the materiality of the testimony.

C. P. 436; D. Sec. 605, 3973; 4 A. R. 557; 7 A. R. 733; 14 A. R. 608; 15 A. R. 392; 16 A. R. 100. Act 1826, p. 172.

Sec. 560. Article four hundred and sixty-six of the Code of Practice shall be so amended that the party who opposes a continuance, shall not be bound to admit the facts which the adverse party may have sworn he expected to prove by such witness, but merely that such witness would, if present, swear to such facts.

C. P. 466; D. Sec. 126, 3974; 24 A. R. 231. Act 1839, p. 164. Act 1840, p. 124. Sec. 561. All suits against makers and indorsers of promissory notes, drawers, indorsers and acceptors of bills of exchange, and generally all suits brought on unconditional obligations to pay a specific sum of money, shall be tried without a jury, unless the defendant shall make oath that his signature to the note, bill, or other obligation, is not genuine; or that he expects to prove that the same had been obtained through fraud or error, or want or failure of consideration; or in cases when the defendant in his answer may set up a plea of compensation or reconvention, and make oath to the truth of all the allegations in said plea or answer.

C. P. 494; D. Sec. 333, 747. Act 1839, p. 172.

Sec. 562. As soon as any number of the jurymen, whose names shall be on the list made out for the term, shall have met together, the court may proceed to cause the jurymen who are present to be called and sworn, without complying with the formality of drawing a jury for each case, as prescribed by the article four hundred and ninety-six of the Code of Practice.

C. P. 496; D. Sec. 2135; 11 A. R. 79. Act 1826, p. 46.

Sec. 563. In all cases appealable to the supreme court, it shall be the duty of the judge to deliver his charge to the jury in writing, if the counsel of either party require the same.

C. P. 485-488, 515; D. Sec 28, 2133; 5 R. R. 78. Act 1881, p 14. Sec. 564. Article five hundred and forty-six shall be so amended that hereafter all motions for new trials shall be made and determined, and all final judgment signed before the adjournment of the court for the term at which such causes were tried, and whether three judicial days shall have elapsed or not. This amendment shall not apply to the parish of Orleans.

C. P. 543, 546; D. Sec. 564, 566; 24 A. R. 259, 518. Act 1839, p. 154. Sec. 565. Article five hundred and fifty-four of the Code of Practice is hereby repealed.

C. C. 1936 (1930), 2054 (2049), 2924 (2985); C. P. 554; D. Sec. 565, 1883; 12 A. R. 409, 756. Act 1889, p. 168.

Provided.

Provided.

Sec. 566. Articles five hundred and seventy-three and seventy-four shall be so amended that the party intending to appeal may do so, either by petition or by motion in open court, at the same term at which the judgment was rendered; in which last case the judge shall fix the security, and cause the same, with the order granting the appeal, to be entered upon the minutes of the court; and when an appeal has been granted on motion in open court, no citation of appeal or other notice to appellee shall be necessary.

C. P. 573, 574, 593; D. Sec. 29; 23 A. R. 375; 24 A. R 289, 442, 518. Act 1843, p. 40. Act 1871, No. 49.

Sec. 567. The act approved the twenty-ninth of September, eighteen hundred and sixty-eight, entitled "An Act to amend and re-enact article five hundred and seventy-five of the Code of Practice of Louisiana," being number one hundred and twenty-five of the session acts of the Legislature of the year eighteen hundred and sixty-eight, be and the same is hereby amended and re-enacted so as to read as follows:

If the appeal has been taken within ten days, not including Sundays, after the judgment has been notified to the party cast in the suit, when such notice is required by law to be given, it shall stay execution and all further proceedings, until definitive judgment be rendered on the appeal; Provided, The appellant gives his obligation, with good and solvent security, residing within the jurisdiction of the court, in favor of the clerk of the court rendering the judgment, for a sum exceeding by one-half the amount for which the judgment was given, if the same be for a specific sum, as security for the payment of the amount of such judgment, in case the same is affirmed by the court to which the appeal is taken. Appeal bonds, in all cases of appeal, shall be made payable to the clerk of the court which rendered the judgment appealed from, and any appellee interested in the appeal shall have recourse on such appeal bond against the appellant and the securities on the appeal bond, for any liability that may accrue in favor of the appellee on account of such appeal; Provided, That all appeals taken subsequent to the twenty-ninth of September, eighteen hundred and sixtyeight, and prior to the passage of this act, in conformity to the provisions of any law in force prior to that date, shall be as valid as if taken conformably to the act to which this is an amendment.

C. P. 575, 596, 624; D. Sec. 43, 1921; 23 A. R. 31, 279, 870, 875; 24 A. R. 828, 477, 555. Act 1869, p. 11. Act 1871, No. 49.

Sec. 568. Articles five hundred and seventy-five and six hundred and twenty-four shall be so amended that whenever an answer has been filed in a suit in which the defendant has had personal service made upon him to appear and file his answer, or when a judgment has been rendered in a case after answer filed by the defendant or by his counsel, the party cast in the suit shall be considered duly notified of the judgment by the

fact of its being signed by the judge; Provided, That in the Provided. country parishes, no execution shall issue in cases where an appeal lies until fifteen days after the adjournment of the court by which the judgment was rendered, within which delay a party may take a suspensive appeal on filing petition and appeal bond as now provided by law.

C. P. 575, 624; D. Sec. 30, 43, 568; 24 A. R. 555. Act 1843, p. 40. Sec. 569. Article five hundred and eighty-six is repealed. C P. 586; D. Sec. 49-51. Act 1846, p. 34.

Sec. 570. In all cases of appeal to the supreme court or other tribunal in this State, if the judgment appealed from be affirmed, the plaintiff may, on the return of the execution that no property has been found, obtain a decree against the surety on the appeal bond for the amount of the judgment, on motion, after ten days' notice; which motion shall be tried summarily and without the intervention of a jury, unless the said 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. C. 617 (612). 3066 (3035); C. P. 575, 596; D. Sec. 37, 1908, 3736; 23 A. R. 485. Act 1839, p. 170.

Sec. 571. Article six hundred and fifteen shall not be taken or construed to imply the nullity of a judgment where a minor has been regularly represented in a suit according to law.

C. C. 362 (356); C. P. 615. Act 1826, p. 172.

Sec. 572. Besides the effects mentioned in articles six hundred and forty-four and six hundred and forty-seven, the sheriff shall in no case seize the rights of personal servitude, of use and habitation, of usufruct to the estate of a minor child, nor the income of dotal property.

C. C. 617 (612); C. P. 644–647, 1140; D. Sec. 386, 387, 1695, 2888, 2889. Act 1842, p. 380.

Sec. 573. Article six hundred and forty-five of the Code of Practice shall be so amended, that in addition to the articles therein exempted from seizure in certain cases, shall be included the corn, fodder, hay, provisions, and other supplies necessary for carrying on the plantation to which they are attached, for the current year.

C. P. 645, 1140; D. Sec. 3419. Act 1843, p. 45.

Sec. 574. Articles six hundred and fifty-two and six hundred and fifty-three shall be so amended that, unless the application for the appraisement of the property be made before the day of sale, it shall in no case have effect to prevent the sale on the day fixed by the advertisement.

C. P. 652, 653; D. Sec. 63, 3424. Act 1826, p. 172.

Sec. 575. In all advertisements of sales of property under execution, the sheriff shall be bound to insert the title of the suit in which the writ is issued.

C. P. 668. Act 1889, p. 168.

Sec. 576. Two days' notice given to the plaintiff and defendant by the sheriff, to appoint men to value property under execution, shall be sufficient, any law to the contrary notwithstanding. D. Sec. 64, 69, 3426 Act 1828, p. 154.

(N. B.-In conflict with C. P. Art. 671, which requires ten days.)

Sec. 577. Article six hundred and seventy-three shall read as follows:

"The appraisers thus named shall, before proceeding to make an appraisement, take an oath before the sheriff of the parish, or before a judge or a justice of the peace, to make a just and true appraisement of the property seized, whether for cash or for the time of credit designated by the parties, as provided above."

C. P. 673; D. Sec. 65, 3427; 18 A. R. 74. Act 1847, p. 55.

Sec. 578. The proviso and exception contained in article six hundred and eighty-two are repealed, and at the second adjudication, the thing seized shall be adjudged to the highest and last bidder for whatever it will bring, on twelve months' credit, according to the terms mentioned in article six hundred and eighty

one.

C. P. 682; D. Sec. 3428. Act 1826, p. 172.

Sec. 579. The following words in article seven hundred and twenty, to wit: "After the advertisements directed above, but with modifications contained in the following article," are repealed.

It shall be the duty of the clerk who issues the execution according to the provisions of article seven hundred and twenty, to indorse thereon, that the same issued on a twelve months' bond, and that the property to be seized, under the same, shall be sold for whatever it will bring in cash; and it shall be the duty of the sheriff to execute the same by seizing the property of the principal or security, or both, and to sell the same for whatever it will bring in cash, after making the advertisement required by law.

C. P. 720; D. Sec. 496, 580, 3430. Act 1826, pp. 172, 174.

Sec. 580. The article seven hundred and twenty-one is repealed.

C. P. 682, 721; D. Sec. 579, 3431. Act 1826, p. 174. Sec. 581. The writ of capias ad satisfaciendum is abolished. C. P. 729; D. Sec. 3432, 3444, 3613. Act 1840, p. 131.

Sec. 582. So much of articles seven hundred and forty-six and seven hundred and forty-seven, as authorizes a creditor having obtained a judgment in another State of the Union, or in & foreign country, to proceed by executory process on the judg ment, is repealed.

C. C. 2286 (2265), 3326 (3294); C. P. 746, 747 ; D. Sec. 1478, 3433. Act 1846, p. 166. Sec. 583. Article seven hundred and seventy shall read as follows:

"When the sheriff causes property to be appraised, which has

been seized or distrained by him, the sheriff, or any judge or justice of the peace may administer the oath to the appraisers; but the sheriff shall receive no fee or compensation for the administration of the oath; nor shall he administer an oath in any other case than the one now mentioned, or in such others as the law shall make provision for."

C. P. 770; D. Sec. 66, 3334, 3554. Act 1847, p. 55.

Sec. 584. The English text of article nine hundred and fiftynine shall correspond with the French part by substituting the word "above," to the word "under," in the first line in the article.

C. C. 363, 364; C. P. 108, 116, 959. Act 1826, p. 174.

Sec. 585. Article nine hundred and sixty-nine of the Code of Practice and article eleven hundred and nine of the Civil Code of this State, are hereby repealed and abrogated.

C. P. 669, 969; D. Sec. 427. Act 1860, p. 126. Act 1868, p. 12.

Sec. 586. Article nine hundred and ninety of the Code of Practice be and the same is hereby amended and re-enacted, so as to read as follows: It shall be the duty of the several judges of probate, on the application of the creditors or any creditor of a vacant estate, to cause, on the requisite advertisement being made, so much of the property of the said. estate as is necessary to pay the debts of the same which may be due, to be offered for sale, and sold at public auction to the highest bidder for cash, if the creditors require it, and if on thus offering said property for sale, the appraised value should not be bid and obtained, then the same, in not less than fifteen nor more than twenty-five days from the time it is thus offered, be sold at public auction, and, after public advertisement, to the highest bidder, for what it will bring on a credit of twelve months; Provided, however, Provided. That in all sales of effects belonging to successions, minors, or interdicted persons, on a credit, the purchaser shall give a twelve months' bond with good security, to be approved by the representative of the estate, minor or interdicted person, and a mortgage retained on the property sold; if it be mortgaged property, the bond to be duly recorded so as to operate a mortgage, such bond to have force and effect as twelve months' bonds taken in sales under writs of fieri facias, and the collection of such twelve months' bonds shall be enforced in the same manner as twelve months' bonds taken in accordance with articles seven hundred and nineteen and seven hundred and twenty of the Code of Practice, upon execution issued upon such twelve months' bond by the clerk of the court which issued the order for sale of the property, and such clerks are hereby authorized and required to issue such executions on the demand of any person having the legal right to control such bond.

C. C. 1170 (1203); C. P. 990; D. Sec. 2043, 3455, 3711, 3837; 23 A. R. 239; 24 A. R. 372, 431, 453. Act 1868, p. 120.

Sec. 587. The nine hundred and ninety-ninth article shall be so amended as to authorize a married woman, who is a minor, to