the same after prescription has run or been completed, but in all such cases the acknowledgment and promise to pay shall be proven by written evidence, signed by the debtor himself, or his specially authorized agent or attorney in fact. C. C. 2278; D. Sec. 2818. Act 1858, p. 148. of acknowl to interrupt prescription Sec. 1442. Hereafter parol evidence shall not be received to prove any acknowledgment or promise of a party deceased, to Parol evidence pay any debt or liability against his succession, in order to take edgment, so as such debt or liability out of prescription, or to receive the same after prescription has run or been completed, but in all such cases by persons dethe acknowledgment or promise to pay shall be proven by written missible. evidence, signed by the party deceased or his specially authorized agent or attorney in fact. 23 An. R. 109, 172, 184, 193. D. Sec. 2819. ceased, inad to prove prom Sec. 1443. Hereafter parol evidence shall not be received to Parol evidence prove any promise to pay the debt of a third person, but in all inadmissible such cases the promise to pay shall be proven by written evi- Ise to pay the dence, signed by the party to be charged or by his specially person. authorized agent or attorney in fact. C. C. 2278; D. Sec. 2818, 2820, 2822. debt of a third inadmissible Sec. 1444. Hereafter parol evidence shall not be received to Parol evidence prove any promise to pay any written obligation when prescrip- to prove promtion has already run, but in all such cases the promise to pay shall be proven by written evidence. D. Sec. 2821. ten obligation ise to pay writ when prescription has already run. cate of patent corded, to be evidence. Sec. 1445. From and after the passage of this act, where a patent for land, or the certificate of the register, or the receipt of the receiver, whether issued, or to be issued, by the officers Copy of certifiof the State of Louisiana, or the general government has been, of register, or may hereafter be recorded in the office of the recorder of the when duly reparish in which the land may be situated, a copy of such record admissible in properly certified by the said parish recorder, shall be admissible in evidence in all causes pending before any of the courts of this State, in the same manner, and shall be entitled to the same credit as the original of such instruments, or as exemplication thereof; Provided, The party proposing to use such evidence Proviso. shall make affidavit that the original of such patent or certificate is not in his possession or under his control; And, provided, further, That the opposite party shall be allowed to disprove the genuineness of such original or registry, as the case may be. Act 1861, p. 41. Proces verbal the manner of Sec. 1446. In all auction sales made by sheriffs, auctioneers, or others authorized to sell at public auction, which are required by law to be preceded by advertisement, it shall be the duty of of sale to state the officer making the sale, in his proces verbal or act of sale, to state the manner, time and place of making such advertisements; which statement, when so made, shall be proof of the manner, time and place of making the advertisement. D. Sec. 165, 387, 3390. Act 1855, p. 76. making adver tisements. Sec. 1447. When any question shall arise out of any public The sale to be sale, made by any person authorized to sell at public auction, and prima facie evidence that the which sale was required by law to be preceded by advertisements, the sale being proved, it shall be prima facie evidence that the legal advertisements were regularly made. advertise ments were regularly made. Proces verbal to be an authentic act. C. C. 2232 (2229); D. Sec. 166, 3391. Sec. 1448. All proces verbals of sales of succession property signed by the sheriff or other person making the same, by the purchaser and two witnesses, are declared to be authentic acts. D. Sec. 165, 166, 3703, 3704. Sec. 1449. The governor of the State is authorized to appoint A commission- one or more persons of known integrity and learning, as com State to be ap- missioners for each one of the States and Territories of the pointed by the Union, who shall reside therein. er for each governor. Their powers and duties. character and C. P. 487. D. Sec. 596, Act 1855, p. 44. Sec. 1450. 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 im movable, 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. 597. Sec. 1451. The commissioners are authorized and empowered To authenti- to authenticate and attest the signature, official capacity and cate the official official acts of any judge, justice of the peace, or other public acts of officers. officer 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. Limitation of D. Sec. 598. Sec. 1452. The power and authority of the commissioner, except in taking testimony under a commission, shall extend their powers. Only to cases in which the party or person making the acknowl edgment or proof, oath or affirmation, shall reside within the State or territory in which the commissioner resides, and for which he has been appointed. commissions D. Sec. 599. Sec. 1453. The commissioners, in executing commissions shall conform in all respects to the legislation of this State in In executing reference thereto, and shall sign every verbal process of deposi to conform to tion taken by them, and affix thereto their seal of office, bearing the impress of their names, official capacity, and the name of the State or territory within the jurisdiction of which they shall be authorized to act. the laws of this State. D. Sec. 600. commissioners Sec. 1454. Every acknowledgment or proof of any deed, conveyance, mortgage, sale, transfer or assignment, oath or affirm- Acknowledg ation, taken or made before a commissioner, minister, chargé ment before d'affaires, consul general, consul, vice-consul or commercial agent, to be authentic and every attestation or authentication made by them, when duly certified as above provided, shall have the force and effect of an authentic act executed in this State. D. Sec. 603. evidence. A duly certi from the to be evidence. Sec. 1455. A copy of any sale or deed of conveyance, heretofore made and executed, or which may hereafter be made and executed, by any sheriff or any other person exercising and per- fed copy of a forming the duties of sheriff in this State, certified to be a cor- sheriff's deed reet copy from the record by the clerk or deputy clerk of the clerk's record court in whose office such sale or deed of conveyance is or may be recorded, shall be received as evidence in the same manner and have the same effect in every respect as a duly certified copy of an authentic act; and if the original of any such sale or deed of conveyance has been lost or mislaid, without the same having been recorded in the office of the parish recorder of the parish in which such sale or deed of conveyance has been made and executed, then a copy of the same, certified as aforesaid, being recorded in such office, shall have the same effect in every respect from the time the same shall be recorded as if the original had been recorded; Provided, however, That the affidavit Provided. of any person interested in having such sale or deed of conveyance recorded shall be deemed sufficient to establish that the same has been lost or mislaid, and authorize the recording of the same as aforesaid. terrogatories adverse testi C. C. 1445 (1398), 1455 (1408); D. Sec. 3409, 8614. Act 1855, p. 477. Sec. 1456. Article three hundred and fifty-four of the Code of Practice which reads as follows: "The answers of the Answers to inparty interrogated are evidence, but do not exclude adverse do not exclude testimony, and may be destroyed by the oaths of two witnesses, mony. or of one single witness, corroborated by strong circumstantial evidence or by written proof," be and the same is hereby amended and re-enacted to read as follows: "The answers of the party interrogated are evidence, but do not exclude adverse testimony, and shall be weighed by the judge as other testimony." C. P. 354; D. Sec. 550. Act 1868, p. 243. kept by the Sec. 1457. The secretary of State shall keep a register in which he shall write down the title of all the laws passed by Register to be the legislature, together with the date when they shall have secretary of been respectively published in the State paper; and the register State. thus kept or the certificate delivered from the same by the secretary of State under his official signature and seal, shall be evidence of the publication of the laws; and whenever the promulgation of any law is contested, the person contesting the same shall be held to prove the fact. D. Sec. 2169, 3493, 3519. Act 1855, p. 841. Sec. 1458. No bill of exchange, promissory note, or other obligation for the payment of money, made within this State, notes, how to shall be received as evidence of a debt, when the whole sum Bills and be written. shall be expressed in figures, unless the same shall be accompa nied by proof that it was given for the sum therein expressed. The cents or fractional parts of a dollar may be in figures. C. C. 2243; D. Sec. 819. Act 1855, p. 47. EXECUTOR. SECTION. SECTION. Representatives of estates to retain Release of the sureties, when it 1470 1471 1472 1473 1474 1465 1474 mentary exec Sec. 1459. In testamentary successions, whenever the executor named by the testator will not or can not perform the Dative testaduty, or be dead or absent, the judge shall appoint one or more utors to be apdative testamentary executors, as is provided by the nine hun- pointed in cerdred and twenty-fourth article, No. 7, of the Code of Practice, the judge. tain cases by |