Provided. Provided. sue and be sued, even in the case provided for by the said article; Provided, she acts under the authority and with the consent of her husband, though himself a minor; and, in such case, it shall not be necessary to appoint to her a curator ad litem. C. P. 958, 999; D. Sec. 2348, 3827, 3989; 3 L. R. 516; 9 L. R. 571; 2 A. R. 553. Act 1828, p. 154. Sec. 588. Article one thousand and sixty-eight shall be amended by striking out the words "or the right of imposing a tax or toll which exist in the article. C. P. 1068. Act 1826, p. 174. Sec. 589. Articles eleven hundred and twenty-nine, eleven hundred and thirty, eleven hundred and thirty-six, and so much of article eleven hundred and thirty-five as relates to the statement of facts to be made by a justice of the peace, are repealed; in future, all appeals from judgments rendered by justices of the peace shall be tried de novo, except the parties mutually agree before the justice of the peace to send up the appeal upon a statement of facts which they shall make. C. P. 1129, 1130, 1135, 1136; D. Sec. 38. Act 1828, p. 158. Sec. 590. Article one thousand one hundred and thirty-eight shall be amended so as to read as follows: Whenever the appellate court reverses the judgment, it shall render such a one as the justice of the peace should have rendered, and sentence the party failing on the appeal to pay costs; and the appellate court may, in its discretion, sentence the party appealing to pay not more than ten per cent. as damages on the amount of the judgment appealed from, over and above any interest the judgment may bear, if it shall appear that the appeal was frivolous or taken for delay. C. P. 907, 1138; D. Sec. 39. Act 1852. Sec. 591. From and after the passage of this act all sales directed to be made by constables under article one thousand one hundred and forty-three of the Code of Practice, shall be made at the office of justices of the peace who issued the writ under which said property was seized, except towns in which sales shall be made at the place where the sheriff is in the habit of making sales of property under execution; Provided, That in all cases the defendant shall have the right to have the sale made at his own place of residence within said parish; and provided, this act shall not be applicable to the parish of Orleans. C. P. 1143; D. Sec. 8406. Act 1860, p. 119. Sec. 592. In case the Code of Practice should contain any provisions contrary or repugnant to those of the Civil Code, the provisions of the former shall prevail. D. Sec. 412, 514, 3990. Act 1824, p. 178. States for benefit of colleges, . . 593 Commissioners to receive land scrip, 595 grant of land States for Sec. 593. An act of Congress of the United States, approved July second, A. D. eighteen hundred and sixty-two, entitled Accepting "An Act donating public lands to the several States and Terri- by United tories which may provide colleges for the benefit of agriculture benefit of coland the mechanic arts," and the grant of land and land scrip thereby made, be and the same is hereby accepted on the part of the State of Louisiana. Act 1869, p. 62. leges. ed on condi Sec. 594. The said grant of land and land scrip hereby accepted for the purposes and upon the conditions in said act of Grant acceptCongress specified, and the assent of the State of Louisiana to tions specified. the several conditions and provisions in said act contained is hereby signified and expressed. Commission land scrip. Sec. 595. The governor of the State, together with the chief justice of the supreme court and a commissioner to be duly appointed by them, are hereby appointed commissioners to receive ers to receive from the secretary of the interior, or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of Congress aforesaid, and to sell and dispose of the same, and upon said sale being made by said commissioners, they are authorized to appoint one person to assign said land scrip in accordance with the rules of the department of the interior. COMMISSIONERS TO TAKE TESTIMONY IN Sec. 596. The governor of the State is authorized to appoint one or more persons of known integrity and learning as commissioners for each one of the States and Territories of the the governor. Union, who shall reside therein. A commissioner for each State to be appointed by Their powers and duties. D. Sec. 1449. Act 1855, p. 44. Sec. 597. It shall be their duty to take depositions in virtue of any commission that may be directed to them by the courts of this State. They are also authorized and empowered to take the acknowledgment and proof of any deed, mortgage or conveyance of any lands, tenements or real property, lying and being in the State of Louisiana, and to take the acknowledgment and proof of the execution of any instrument of writing for the sale, transfer or assignment of any property, movable or immovable, and of rights and debts, and also of any power of attorney, or other writing to be used or proved in this State, before any court or public officer, and to administer an oath or affirmation for like purposes to any person desirous to make the same. D. Sec. 1450. cate the official acts of officers. Sec. 598. The commissioners are authorized and empowered to authenticate and attest the signature, official capacity and of- To authentificial acts of any judge, justice of the peace, or other public offi- character and cer holding a commission or acting under the authority of the State or Territory in which he shall reside, and for which he shall have been appointed. C. P. 437-439; D. Sec. 1451. their powers. Sec. 599. The power and authority of the commissioner, except in taking testimony under a commission, shall extend only Limitation of to cases in which the party, or person making the acknowledgment or proof, oath or affirmation, shall reside within the State or Territory in which the commissioner resides, and for which he has been appointed. D. Sec. 1452. In executing to conform to Sec. 600. The commissioners in executing commissions shall conform in all respects to the legislation of this State in reference thereto, and shall sign every verbal process of deposition commissions, taken by them, and affix thereto their seal of office, bearing the the laws of impress of their names, official capacity, and the name of the this State. State or Territory within the jurisdiction of which they shall be authorized to act. D. Sec. 1453. the signatures Sec. 601. The duplicate original of the signature and seal of Duplicates of office of each commissioner appointed in the different States and and seal to be Territories of the Union shall be deposited in the office of the the secretary Secretary of State of Louisiana. deposited with of State. cers author Sec. 602. All American ministers, chargés d'affaires, consuls general, consuls, vice consuls and commercial agents, in any for- Certain offieign country, are authorized to act as commissioners under this ized to act as act, and empowered to use their respective seals of office in- commissionstead of the commissioner's seal hereinbefore described. D. Sec. 1436. con ers. ment Sec. 603. Every acknowledgment or proof of any deed, reyance, mortgage, sale, transfer or assignment, oath or affirmation, taken or made before a commissioner, minister, chargé d'af- Acknowledgfaires, consul general, consul, vice consul, or commercial agent, commissioners and every attestation or authentication made by them, when duly evidence. certified as above provided, shall have the force and effect of an authentic act executed in this State. D. Sec. 1454. to be authentic enforced. Sec. 604. Whenever it shall be necessary to take the deposition of witnesses in this State under commission from any other State or Territory, to be used as evidence in suits depending Attendance of therein, it shall be lawful for any justice of the peace within witnesses, how this State, on the application to that effect made by the commissioner of such State or Territory, to use, if necessary, the same compulsory process to cause witnesses to appear and depose as in cases arising under the jurisdiction of any of the courts of this State. See. 605. Article four hundred and thirty-six shall be so Mode of ob taining testi mony witnesses out of the State. amended that it shall be sufficient for a party wishing to take the 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. 559, 3973. Act 1826, p. 172, § 11. Sec. 606. In all cases where a party to a suit is required to submit the interrogatories to be put to witnesses whose testimony is to be taken under commission, it shall be the duty of Service of no- the party submitting the same to have them served on the adverse party, or his counsel, three days previous to having them forwarded. tice on oppo site party. C. P. 426; D. Sec. 8971, 3972; 15 A. 683; 16 A. 100. Act 1828, p. 152, § 7. Sec. 607. Commissions to take testimony may issue at any time after the service of petition and citation; whenever a commission to take testimony shall have been returned, the party intending to use the depositions taken under the same, may, on filing them in the clerk's office, file a notice or take a rule, which Rule to show must be served on the opposite party or his counsel, to show cause, how taken. Provided. cause why the same should not be used as evidence in the cause, whereupon the party on whom the rule is taken shall be bound to urge any objections, if any he have, to the admission in evidence of the depositions founded on any irregularity in the execution of the commission; and if he fail so to do before the cause is called up to trial on its merits, all such objections shall be considered as waived; Provided, That no objections to the deposition, except such as are founded on irregularity in executing the commission, shall be decided on in such rule. C. P. 424-428; D. Sec. 554, 613, 3969. Act 1839, p. 168, § 17. Sec. 608. Article three hundred and fifty-two is repealed, and in lieu thereof, the following article is substituted: "In all cases where a party interrogated resides out of the parish where the suit is pending, and whether within or without the State, it Time of fling shall be his duty to file his answer to the interrogatories proanswer to in- pounded to him within such period as shall be fixed by the court, on the motion of the party interrogating; notice of which order, fixing the delay, together with a copy of the interrogatories propounded, shall be served on the attorney representing the party interrogated; Provided, That when the party interrogated resides out of the parish, his answers shall be taken by commission." Provided. rected. C. P. 352; D. Sec. 549, 8968; 6 R. 354; 9 R. 125; 14 A. 81; 15 A. 612. Act 1843, p. 14, § 1. IN THE STATE. Sec. 609. In any case where commissions are obtained to take depositions of witnesses in civil matters, as mentioned in the four hundred and twenty-fifth article, the commissions may be directed to any justice of the peace, or to any other person authorized by law to administer oaths. C. P. 425; D. Sec. 555, 8970; 2 A. 138; 14 A. 608; 15 A. 892; 16 A. 88. Act 1828, p. 152, § 8. |