of courts.

Sec. 55. As soon as such transcript is filed, together with ant accompanying petition, in which the alleged errors of the regis- Duty of clerks ter must be set forth, it shall be the duty of the clerk to issue citation to the other party according to existing laws, and all proceedings had subsequent thereto, shall be the same as in ordinary cases.

D. Sec. 1976, 2978.

jury. Appeals

Sec. 56. In all appeals taken before the district court, the Appeals may parties shall be entitled to trial by jury as in other cases; and, he tried by from judgment rendered by said district court, they shall have to the supreme the right to appeal to the supreme court, upon strict compli- etc. ance with existing laws on the subject.

D. Sec. 1977, 2979.

court granted,

clerk after

Sec. 57. As soon as a final judgment shall have been rendered by the district or supreme court, upon appeal, it shall be the Duty of the duty of the clerk of the said district court to forward a certi- final judgment fied copy of said judgment to the register, and the same shall has been renbe filed in the office of such register, and when so returned and filed it shall be final and conclusive between the parties.

D. Sec. 1978, 2980.

dered.

Sec. 58. In all cases wherein any person or persons may appeal from the decision of any of the justices of the peace of the Deposit of $10 be made in parish of Orleans, the said person or persons so appealing shall, cases of appeal from justices' at the time of filing the appeal in the third district court of New Orleans, deposit the sum of ten dollars, as costs of the clerk of said court.

C. P. 1128, 1131, 1132; D. Sec. 2000. Act 1861, p. 139.

courts.

pellant liable

Sec. 59. Should the costs in the case so appealed amount to more than the sum so deposited, the said appellant or appellants Clerk and apshall be liable to said clerk for the difference, and in the event for difference of the costs of appeal in any case not amounting to the said posits and acsum of ten dollars, the said clerk shall be liable to refund to the tual costs. person making the deposit the balance of said sum.

D. Sec. 2001.

Sec. 60. In the second judicial district court for the parish

between de

parish of Jef

of Jefferson, no execution shall issue in cases where an appeal Appeals in the lies until ten days, not including Sundays, after the judgment ferson. has been notified to the party cast in the suit, or until ten days, not including Sundays, after the signing of the judgment where no other notice is necessary, within which delay a party may take a suspensive appeal on filing petition and appeal bonds, as provided by law.

C. P. 575; D. Sec. 1959. Act 1868, p. 59. Act 1876, No. 24.

the intrusion

Sec. 61. Appeals to the supreme court may be taken from any of the actions provided for in the foregoing sections, the Appeals under same as in other cases. But all such cases shall take preference act. when they come before the supreme court over all other cases in the order of trial, and shall be made returnable to the

dered by the

in New Or

supreme court, either in New Orleans or at one of its sessions in the country, on motion of either of the parties.

C. P. 583, 879; D. Sec. 1161, 1911, 2604. Act 1868, p. 199.

Sec. 62. From and after the passage of this act, judgments Judgment ren- rendered by the supreme court at New Orleans shall be final, supreme court and the clerk shall deliver a copy to every person requiring it, leans to be after six judicial days shall have elapsed from the rendering of lapse of six ju- the judgment, and the parties shall have a right, at any time within said delay, to apply for a rehearing according to existing

final after the

dicial days.

laws.

C. P. 911; D. Sec. 1926. Act 1858, p. 65.

Sec. 63. 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 Appraisement sale, it shall in no case have effect to prevent the sale on the fore the day of day fixed by the advertisement.

to be made be

sale.

Notice of ap

C. P. 652, 653, 671; D. Sec. 574, 3424. Act 1826, p. 172, § 13. Sec. 64. Two days' notice given to the plaintiff and defendant by the sheriff, to appoint men to value property under exe- praisement. cution, shall be sufficient, any law to the contrary notwithstanding.

C. P. 652, 653, 671; D. Sec. 576, 3426. Act 1828, p. 154, § 10. Sec. 65. Article six hundred and seventy-three shall read as follows:

praisers.

"The appraisers thus named shall, before proceeding to make an appraisement, take an oath before the sheriff of the parish, Oath of apor 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. 577, 3427. Act 1847, p. 55, § 2. Sec. 66. Article seven hundred and seventy shall read as follows:

Oath, by whom

"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; administered. but the sheriff shall receive no fee or compensation for the administration of the oath; nor shall he administer an oath in any

Parties to suits

appraisers

other case than the one now mentioned, or in such others as the law shall make provision for."

C. P. 770; D. Sec. 583, 3554. Act 1847, p. 55, § 3.

IN THE PARISHES OF ORLEANS AND JEFFERSON.

Sec. 67. In all cases, in the parishes of Orleans and Jefferson, of property seized under execution, or in pursuance of an order of court, where, under existing laws, an appraisement is or their nomi- required previous to sale, it shall be sufficient that the plaintiff nees may be in the suit shall be one appraiser, the defendant another, or such sheriff or auc- person as the plaintiff or defendant may designate; and in the umpire-no event of their disagreement the sheriff or auctioneer making the allowed. sale shall constitute the umpire, whose decision shall be final, and no fee shall be allowed to any officer or other person for appraising property.

appraiser's fee

In succession

trator, etc.,

sheriff or auc

D. Sec. 3632. Act 1869, p. 18.

Sec. 68. In all cases where property belonging to a succession is to be sold in pursuance of an order of court, where appraisesales adminis- ments are required previous to sale, it shall be sufficient that the administrator, executor, tutor, or other person representing the appraisers succession, shall constitute and be one appraiser, and the credtioneer umpire itor on whose application the property is sold, or one of the lowed apprais- heirs, if sold to effect a partition, shall be and constitute the other, and the sheriff or auctioneer making the sale shall be the umpire, whose decision shall be final, and no fees whatever shall be allowed to any of the aforementioned persons, or to any persons whatever for appraising property.

-no fees al

ers.

When several

parties, court

to designate

D. Sec. 3633.

Sec. 69. In the event there are several plaintiffs or several defendants, several creditors or several heirs, as aforesaid, then the court shall designate which one of the respective parties appraisers, un- shall be and constitute one appraiser and which one the other, unless the parties agree among themselves by whom they shall be represented, and in the event any party shall neglect or reproperty to be fuse to qualify under the provisions of this act, then the propappraisement. erty to be sold shall be sold without any appraisement whatever.

less parties agree-appraisers not qualifying, sold without

D. Sec. 3634.

Sec. 70. Any person who may bind himself, or be bound as an apprentice or indented servant, in any art, mystery or occupation, or as a servant for the purpose of ordinary labor, shall Apprentices be bound to serve the time expressed in his indenture, subject servants to to the following provisions and exceptions:

C. C. 165; 170 (164); D. Sec. 3823. Act 1855, p. 33.

and indented

serve out their time.

bound.

Sec. 71. If the party so bound be under the age of twentyone years, he must be bound by and with the assent of his Minors how parent or tutor, or in case there be no such person in the parish where he resides, then by the mayor of the city of New Orleans, if in the parish of Orleans, or by the parish judges of their respective parishes throughout the State.

D. Sec. 3824.

See. 72. If the party bound be a female, the term of appren- Apprenticeticeship shall expire at the age of eighteen years; if a male, at ship when to the age of twenty-one years, unless an earlier period be stipu

lated.

(Conflict with C. C.) C. C. 166 (159); D. Sec. 418.

expire.