Imágenes de páginas
PDF
EPUB

BOARD OF CURRENCY.

Preamble.

Preamble,

Acts repealed, .

Reports, to whom made,

SECTION.

SECTION.

349
849

Books, papers, etc., to be turned over to the State treasurer, . . 350

WHEREAS, The Board of Currency, now existing, was created for the exclusive purpose of regulating and controlling the issue of the banks, so as to secure a sound and specie-paying currency to the State; and

Whereas, The United States laws, now in force, virtually prohibit any issue of circulating notes by the banks of the State, and render the further existence of said Board of Currency superfluous, and its maintenance a useless expense; therefore,

Sec. 349. Be it enacted by the Senate and House of Repre Acts repealed. sentatives of the State of Louisiana, in General Assembly convened, That an act entitled An Act to authorize and require the State treasurer and secretary of State to perform the duties heretofore required of the Board of Currency in supervising the operation of the banks, approved March 12, 1865, and all supplementary acts thereto, further defining the duties and powers thereof, and an act entitled An Act to appoint a secretary of the Board of Currency and define the duties of his office, approved March 18, 1858, be, and the same is hereby repealed, except so much thereof as requires the regular monthly reports of the banks under oath, of their condition, which said reports shall be made to the State treasurer.

Reports, to whom made.

etc., to be

Act 1867, p. 53.

Sec. 350. Be it further enacted, etc., That all the books, paBooks, papers, pers and records of said Board of Currency shall be turned over turned over to to the State treasurer, and for the services of an additional treasurer. clerk, the State treasurer shall be allowed the sum of one thousand dollars per annum, to be paid to him monthly, pro rata, by the banks.

the State

[merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small]

Sec. 351. All bonds given by the tax collectors of the State, and by persons charged with the collection of the parish taxes, and by all public officers, whether State or parish, (except the

Bonds of

officers, how approved.

Securities.

may act in

treasurer of the State, auditor of public accounts, parish recorders and clerks of the district courts,) who by existing laws, or those to be hereafter enacted, may be required to give bonds, shall, when the securities given on such bonds reside in the parish where the officer is to exercise his office, be accepted by the parish recorder, the clerk of the court and the president of the police jury of the parish for which such officers have been elected or appointed and in which the securities reside.

If the securities on such bonds reside out of the parish for which such officer was elected or appointed, such bond shall be approved by the parish recorder, the clerk of the court and the president of the police jury of the parish in which such securities reside.

In either of the above cases, if either the parish recorder, Parish judge clerk of the court, or president of the police jury should be absent from the parish, or unable to act, then the parish judge of the parish in which the security may reside, or the judge of the district court of the district in which such security may reside, shall act in place of such absent officer.

place of recorder or clerk.

When sureties reside in the city of New Orleans.

Sureties must

When the securities on such bonds reside in the city of New Orleans, such bonds shall be approved by the recorder of the district where the security resides, and the recorder of mort gages of the parish of Orleans; and in that part of the parish of Orleans lying on the right bank of the Mississippi river, by the justice of the peace for that district, and three members of the police jury, to be designated by the president thereof; said bonds in all cases to be executed within thirty days from the date of the commission, and before entering into the discharge of the duties of the office.

All such persons required to give bonds as State or parish be residents of officers as above provided for, shall be required to furnish security residing in some parish in the State.

the State.

Bonds to be witnessed and registered.

Bonds to oper

All such bonds shall be authenticated by the attestation of two witnesses and the signature of the recorder of the parish in which the securities reside, and shall be marked in a separate book kept for that purpose, and also be registered in the mortgage book of judicial mortgages of the parish where the officer giving the bond exercises his office.

Bonds when registered as above provided shall operate from and after the date of the registry as a mortgage upon all the ate as a mort- real estate of the principal obligor therein, in the parish where he exercises his office. The bonds of all State officers to be made payable to the governor of the State, and those of the parish officers to the president of the police jury of the parish.

gage.

If it becomes necessary to enforce the collection of any of the Jurisdiction of bonds that may be taken under and in pursuance to this act, and forcing collec- the securities reside out of the parish in which the officer exertion of bonds. cises the duties of his office, the court of the parish in which

process in en

the officer exercises or may have exercised the duties of the office for which the bond was given, shall have jurisdiction over

the securities, it matters not in what parish they may reside. Each and every security on any of the bonds provided in this act shall make oath that he has property over and above his liabilities sufficient to respond to the amount for which he obligates himself in said bond.

C. C. 3314 (3282), 3311 (3279); D. Sec. 379, 499, 2405, 2412, 2764, 2769, 3127, 3123, 3245. Acts 1868, p. 17.

of the sureties

Sec. 352. For the acceptance of the sureties offered upon the bond, the assent shall be unanimous, and on refusal to accept The approval any surety, the district or parish judge shall have the power, to be unaniupon application in vacation as well as in term time, to compel mous. them to show cause why they do not accept such sureties, and in all such cases the parties whose duty it is to judge of the When a surety sureties offered shall, on demand of the party complaining, cer- party offering tify to the judge their decision and the evidence upon which it him may ap was based, whose duty it shall be to decide immediately there- district court. on, and from his decision and order in the premises there shall

be no appeal.

D. Sec. 1979. Act 1855, p. 81.

is rejected, the

peal to the

Bond to re

copy to be fur

Sec. 353. All bonds so taken shall remain on file in the office main on file,. of the recorder or justice of the peace, and a copy duly certified shall always be admissible in evidence.

It shall be the duty of the recorder or justice of the peace to transmit to the auditor of public accounts certified copies of all bonds of State officers taken by them, with a certificate of registry in the mortgage records, within three months after their execution, under penalty of five hundred dollars, to be recovered on motion of the district attorney, or district attorney pro tempore.

nished and transmitted to the auditor.

of the peace

The recorder or justice of the peace shall be entitled to charge Fees of recordfor each bond, taken as aforesaid, one dollar, and for each certi- or and justice fied copy thereof the same amount and no more, to be paid by for taking the obligor.

D. Sec. 774.

bonds.

cuting writ.

Sec. 354. Whenever an execution shall issue, it shall be lawful for the officer to whom it may be directed, to seize and sell, Mode of exeaccording to law, any lands which may have belonged to the principal obligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever hands the same shall be found.

that of the principal shall have been discussed.

No sale shall be made of the property of the sureties until

C. C. 3051 (3020); C. P. 304; D. Sec. 19, 37, 107, 1476, 2354, 2417, 3715, 8724,

3857. Act 1871, No. 4.

Sureties not to.

against until the principal is discussed.

Sec. 355. The sureties on all bonds given by sheriffs and be proceeded bonds given by all other parish and State officers (except thei collectors of State and parish taxes, and also the sureties on the property of the amount for which they will severally become liable, which stipulate the State treasurer and auditor of public accounts), may stipulate In what bonds.

shall be expressed in the bond.

D. Sec. 8726.

sureties may

amount of their liability..

mortgage may

Sec. 356. All persons who shall hereafter be commissioned Manner in by the governor, and whose duty it shall be to give security, which special shall be allowed to give a special mortgage on property situated be substituted within the parish in which they respectively exercise their func tions; the mortgage shall be accepted by the persons appointed by law to accept the bond.

for security on bond.

Personal security heretofore

The person proposing to mortgage property shall exhibit his titles thereto, and a certificate of mortgages to the persons authorized to approve the bond, who shall cause the property to be appraised, and shall not receive it unless it be double the amount of security required, after deducting all mortgages. All persons taking the mortgage shall cause it to be inscribed in the office of the recorder of mortgages, as required by law.

C. C. 3037 (3006). D. Sec. 2418.

Sec. 357. All public officers who have heretofore given pergiven may be sonal security on their official bonds shall be at liberty at any substitution of time to release them by giving a special mortgage, as provided special mort- in the preceding section.

released by

gage.

D. Sec. 2419.

Sec. 358. The effect of the special mortgage shall be to free Effect of spe- and release the surplus of the property of the person giving it cial mortgage. from all mortgages resulting from his official bond.

Official bonds

nor.

D. Sec. 2420.

Sec. 359. The governor is authorized to raise and annul, on the application of any interested party, all bonds with security to be canceled and all mortgages which have been furnished by any public by the gover- officer who may have resigned or died, or whose office may have expired by limitation, or when dismissed from office, whenever there shall be no opposition thereto, after public notice, as provided in the following section, and when he shall be satisfied that the duties and obligations imposed by law on such public officer, and for the faithful performance of which the bond and mortgage had been furnished, were either by him or successors or assigns faithfully executed.

D. Sec. 1598, 2421, 8727.

[No. 68. An Act to amend and re-enact sections 359, 360, and 361 of Revised Statutes, and to do away with unnecessary costs and expenses in the canceling of official bonds. Approved March 26, 1873.]

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Lovin ana in General Assembly convened, That sections 359, 360 and 361 of the Revised Statutes of the State of Louisiana be amended and re-enacted so as to read as follows:

SEC. 359. The governor is authorized to raise and annul, on the application of any interested party, all bonds with security, and all mortgages which have been furnished by any public officer who may have resigned or died, or whose office may have been expired by lim Itation, or when dismissed from office, whenever there shall be no opposition thereto received in the office of the secretary of State within one hundred and twenty days after the retirement in any manner as aforesaid, or before the application or demand made for such raising or annulment.

SEC. 360. Any person, firm or corporation, or public officer, having any claim, debt or cause of action, or official cause or reason against the annulment of such bond and mortgage, shall furnish the secretary of State, in writing, with such reason or statement of cause within one hundred and twenty days after the retirement from office of the officer, for the faithful performance of whose duties the bond in question was given.

SEC. 361. The governor shall call upon the secretary of State in case of any demand for the raising and annulment of a bond and mortgage, and upon the certificate of the secretary of State that no written opposition or statement of cause has been received by him, the governor shall order the raising and annulment accordingly. No bond of any tax-collector or assessor shall be raised or annulled until the certificate of the auditor of public accounts of full pay ment and faithful collection of moneys, or faithful performance of all duties as required by law, shall have been furnished. But the annulment of the bond and mortgage, and their

« AnteriorContinuar »