Election of sheriffs.

Sec. 3537. Elections for sheriffs and coroners of the several parishes of this State shall be held at the same time provided for the election of members of the general assembly.

D. Sec. 372, 649, 1381. Act 1868, p. 218.

Sec. 3538. The sheriff of the parish of Orleans shall give Sheriff's bond. bond in the sum of fifty thousand dollars, with two securities as required by law; and in all other parishes the sheriff shall, in like manner, give bond in the sum of six thousand dollars, with the following conditions, to wit :

Bond, how sued on.

"Condition of the above obligation is such, that whereas, the above bound A. B. has been elected or appointed sheriff of the parish of ————————; now, if the said A. B. shall well and faithfully execute and make true returns, according to law, of all such writs, orders and process as shall come into his hands as sheriff aforesaid, and well and truly pay over all sums of money that shall come into his hands as sheriff aforesaid, to the person entitled by law to the same, and shall faithfully do and perform all such other duties as may be required of him by law, then the above obligation to be void, otherwise to remain in full force and virtue."

Sec. 3539. The bond may be put in suit against the sheriff and his securities, when in behalf of the State, by the attorney general, or district attorney of the district, in the name of the governor for the time being, for the use of the State; and in all

other cases in the name, for the use, and at the request of the party injured. The bond shall not become void by a first or any other recovery, but may be put in suit and recoveries had, as often as any breach of the conditions thereof shall happen; Provided, The securities shall not be liable for more than the Provided. penalty of the bond.

24 A. 131.

acting as sher

Sec. 3540. Any person who shall presume to act as sheriff before he shall have qualified according to law, shall forfeit and Penalty for pay five hundred dollars. Should any sheriff or collector of in before qualtaxes, after receiving his commission from the governor, proceed ifying. to exercise any of the duties, or avail himself of any of the rights appertaining to his office as collector, or as sheriff, before giving all the bonds and security required by law for the collection of taxes, or discharge of duties as sheriff, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than one thousand dollars, and imprisoned not less than six months, at the discretion of the court.

Sec. 3541. It shall be the duty of each sheriff or deputy, to attend every court that shall be held in their respective parishes, Their duties. to execute all writs, orders, and process of the court or judge thereof that may be issued, to them directed; and do and perform all other duties that may be required of them by law.

Each sheriff shall moreover be keeper of the public jail of his parish, and shall, by all lawful means, preserve the peace and apprehend all disturbers thereof, and other public offenders. They shall also attend on the supreme court when sitting in their parish.

Sec. 3542. The sheriff is authorized to appoint as many deputies as he may think necessary, to be sworn in by any officer Deputies. vested with the power of administering oaths.

deputies to

Sec. 3543. The sheriffs and their deputies are authorized to administer the oath required by law to all appraisers of prop- Sheriffs and erty under seizure, sequestration, or order of attachment; for swear appraissuch service they shall not be entitled to any compensation, and ers. this privilege shall not extend further than the objects mentioned.

on posse comi

Sec. 3544. Every sheriff shall have the power to call for the aid and command the services of every able bodied inhabitant Power to call of his parish to preserve the peace in cases of riot, to execute tatus. the process of court in cases where resistance is made or threatened; and every person so called, who shall refuse to render Penalty for resuch assistance, may be punished by fine, at the discretion of the court, not exceeding twenty-five dollars.

fusing.

coroners to ex

Sec. 3545. After the sheriffs and coroners newly elected shall have entered upon the discharge of their duties, they shall Sheriffs and have power to carry into execution all writs and judicial orders ecute all writs directed to their predecessors, and not definitely acted upon by their predethem, and to make thereon all necessary returns.

in the hands of

cessors.

Sec. 3546. The sheriffs and their securities shall be able to Prescription in prescribe against their acts of misfeasance, nonfeasance, costs, favor of her offenses, and quasi offenses, after the lapse of two years from the day of the omission or commission of the acts complained of. C. C. 3536 (3501), 3537 (3502); D. Sec. 2816; 23 A. 299.

iffs and securities.

Penalty for acting without authority.

Sec. 3547. No other person than an auctioneer, or a civil officer acting under the authority of some court of the United States or of this State, or the legal representative of a succes sion of minors, or the sheriff, when there is no auctioneer in the parish, shall exercise the trade or business of an auctioneer, by selling or offering for sale at auction, any property, real or personal, within this State, under a penalty of five hundred dollars for each offence, one-half of the penalty for the informer when recovered.

D. Sec. 144. Act 1855, p. 106.

Sec. 3548. All judicial sales throughout the State, made in Judicial sales pursuance of any order, judgment or decree of any court of this to be made by State (except that of justices of the peace), shall be made by the sheriff of the parish where such sale is made, except in the cases hereinafter provided.

sheriff.

Proces verbal

to be an

authentic act.

ed by the re

corder.

D. Sec. 1109, 3396. Act 1855, p. 76.

Sec. 3549. All sales of property of succession, of property belonging to minors, or in which minors are interested, of property of interdicted persons, and property surrendered, made pursuant to an order or decree of any court of this State, may be made either by the sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succes sion, the tutors of the minors, the curator of interdicted persons, and the syndic of the insolvent, as the case may be.

D. Sec. 18, 1475, 3397, 8702, 3860. Act 1855, p 20. Extra Session. Sec. 3550. 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, 1448, 3703. Act 1855, p. 76.

Sec. 3551. On the registering of such proces verbal of sales To be paraph in the office of the recorder or register of conveyances of the parish where the property so adjudicated may be situated, the recorder or register shall be authorized to identify with the sales, the notes or bonds received, as above stated, by his paraph, in order that he may cancel the mortgage when they shall have been paid.

D. Sec. 8115, 3401, 3705.

Sec. 3552. In all cases where judicial sales of property are required to be made in the parishes of St. Bernard, Plaquemines

Bernard, Pla

and Jefferson, it shall be lawful to cry and adjudicate the prop- Sales in St. erty in the city of New Orleans, if thereto requested by the quemines and party at whose instance the order of sale was issued; and in be made in case of sales under writs, if thereto requested by all parties New Orleans. interested.

D. Sec. 3402.

Jefferson may

surety bonds.

Sec. 3553. Article two hundred and fifty-nine of the Code of Practice shall be so amended that, in case of attachment, Proceedings in when the defendant has given his obligation with security, as by the article provided, and fails to satisfy the judgment rendered against him, the plaintiff may, on the return of the sheriff that no property has been found, and on exhibiting to the court the obligation duly transferred to him, obtain judgment against the surety on the obligation, upon motion, after ten days' previous notice to the surety, which motion 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.

turn bond into

In all cases where property attached, sequestered or provisionally seized, shall be released on the defendant executing a Sheriff to rebond with security, the sheriff shall be bound to return the bond court. so taken by him into court.

insufficiency

The plaintiff shall have the right to object to the insufficiency of the security on such bonds only within twenty days after the Right of plainbond is filed in the clerk's office; and in case the security on tiff to object to the bonds should be declared insufficient, the sheriff shall be lia- of bond. ble as security on the bonds. The bond shall be assigned by the sheriff to the plaintiff.

Article two hundred and fifty-nine of the Code of Practice shall be amended so as to read thus:

"The defendant, if he appear, either in person or by his attorney, may, moreover, in every stage of the suit, have the property attached released by delivering to the sheriff his obligation for a sum exceeding by one-half the value of the property attached, with the surety of a good and solvent person residing within the jurisdiction of the court where the action was brought, that he will satisfy such judgment to the value of the property attached, as may be rendered against him in the pending suit."

C. P. 259; D. Sec. 107, 537, 8732. Act 1839, p. 162, § 3. Act 1839, p. 168, § 18. Act 1852, p. 155, § 1.

Sec. 3554. Article seven hundred and seventy shall read as follows:

Bond by de

fendant for reerty attached.

lease of prop

tion of oath to

"When the sheriff causes property to be appraised, which has been seized or distrained by him, the sheriff, or any judge or Administrajustice of the peace may administer the oath to the appraisers; 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, 583. Act 1847, p. 55, § 3.