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Rights of ac

ART. 6. Prosecutions shall be by indictment or information. The accused shall be entitled to a speedy public trial by an impartial Prosecutions. jury of the parish in which the offense was committed, unless the Trial by jury. venue be changed. He shall not be compelled to give evidence cused. against himself; he shall have the right of being heard by himself or counsel; he shall have the right of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favor. He shall not be tried twice for the same offense. ART. 118. And all deeds of sale made, or that may be made by Collectors of taxes, shall be received by courts in evidence as prima facie valid sales.

Tax Collectors prima facie

Deeds made by

evidence of

valid sales.

The official

1. [SEC. 1436.] It shall be the duty of the several courts of this 1855-208. State to receive the attestation or certificate of any American Con- character of the sul, Consul General, Vice Consul or Commercial Agent, residing in eign countries,

officers of for

how proved.

Variations in

the size of town

lated.

any foreign country, as legal evidence of the attributes and official station or authority of any Magistrate or other civil officer in such foreign country, under the laws thereof; which attestation and seal shall be full and complete proof that it emanated from said Consul, Consul General, Vice Consul or Commercial Agent, as the case may be.

2. [SEC. 1437.] Whenever land, divided into town lots and sold in conformity with a plan, shall not be of the same extent as that lots, how regu- mentioned in said plan, and the difference shall be more than onethousandth part, it shall be the duty of the State Surveyor, commissioned for the parish where said land is situated, to apportion, in conformity with the dispositions of the Civil Code, the surplus or deficit of said land, and to make a plan pointing out, according to such apportionment, the correct dimensions of each square and the breadth of each street; said plan shall be deposited by the Surveyor of the parish in the office of Parish Recorder of the parish where the land is situated; and public notices shall be given by said Surveyor in the State paper, during thirty days, directing all persons interested to present their opposition to the original plan deposited, as aforesaid, with the Parish Recorder, which opposition shall be referred to, and be decided by, the District Courts; and said original Their descrip- plan, when not opposed within the delay aforesaid, or when modified in the opposition filed, shall be registered by said Recorder in his office, and shall be authentic evidence of the description and dimensions of said property.

tion and dimensions, how established.

Convicts may testify for and against each other.

A protest in

New Orleans to

certain cases, of the cause of a fire, etc.

3. [SEC. 1438.] It shall be lawful to receive the testimony of convicts for or against each other, in any suit which may occur in any of the courts of the State.

4. [SEC. 1439.] It shall be the duty of any one of the Recorders of New Orleans, or Justices of the Peace, to whom applicabe evidence, in tion shall be made for that purpose, to visit any building where a fire may have happened, immediately after the fire shall have been extinguished, and inquire into the origin and cause of said fire, examine all witnesses whom the owner or insurers of the property destroyed, may desire to have examined under oath, and make and preserve a true and correct record or proces verbal of their testimony, a copy of which record or proces verbal, certified by such Recorder or Justice, shall be admitted in evidence in any civil action. The party occupying or owning the property, his agent, or any one having the property in charge at the time of the fire, shall be notified by the Recorder or Justice of the examination.

and digests of

5. [SEC. 1440.] The published statutes and digests of other The statutes States shall be received, in the courts of this State, as prima facie other States to evidence of the statute laws of the States from which they purport evidence. to emanate.

be admitted as

inadmissible to show interrup

ledgment of

6. [SEC. 1441.] Hereafter parol evidence shall not be received to prove any acknowledgment and promise to pay any judgment, 1853-148. sentence or decree of any court of competent jurisdiction, either in Parol evidence or out of this State, for the purpose or in order to take such judg- tion by acknowment, sentence or decree out of prescription, or to recover the same prescription after prescription has run or been completed, but, in all such cases ment. 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.

against a judg

of acknowledg

interrupt pre

7. [SEC. 1442.] Hereafter parol evidence shall not be received to prove any acknowledgment or promise of a party deceased, to pay Parol evidence any debt or liability against his succession, in order to take such ment, so as to debt or liability out of prescription, or to revive the same after pre- scription by scription has run or been completed, but, in all such cases, the ceased, inad acknowledgment or promise to pay shall be proven by written evidence, signed by the party deceased or his specially authorized agent or attorney in fact.

8. [SEC. 1443.] Hereafter parol evidence shall not be received to prove any promise to pay the debt of a third person, but, in all such cases, the promise to pay shall be proven by written evidence, signed by the party to be charged or by his specially authorized agent or attorney in fact.

9. [SEC. 1444.] Hereafter parol evidence shall not be received to prove any promise to pay any written obligation, when prescription has already run, but, in all such cases, the promise to pay shall be proven by written evidence.

persons de

missible.

Parol evidence

inadmissible to to pay the debt

prove promise

of a third per

son.

Parol evidence

inadmissible to

prove promise obligation when

to pay written

prescription has already run.

Copy of certifi-
Register, when

cate of patent of

duly recorded, to be admissible in evidence.

10. [SEC. 1445.] Where a patent for land, or the certificate of the Register, or the receipt of the Receiver, whether issued, or to be 1861-41. issued, by the officers of the State of Louisiana, or the General Government, has been, or may, hereafter, be recorded in the office of the Recorder of the parish in which the land may be situated, a copy of such record, 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 exemplification thereof; provided, the party proposing to use such evidence shall make affidavit that the original of such patent or certificate is not in his possession or under his control: and provided further, that Proviso.

1855-78.

Proces verbal of

manner of making advertisements.

the opposite party shall be allowed to disprove the genuineness of such original or registry, as the case may be.

11. [SEC. 1446.] In all auction sales, made by Sheriffs, Auctioneers, or others, authorized to sell at public auction, which are sale to state the required by law to be preceded by advertisement, it shall be the duty of 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.

The sale to be prima facie evi

dence that the

advertisements

were regularly

made.

Proces verbal

to be an authentic act.

1855-44.

12. [SEC. 1447.] When any question shall arise out of any public sale, made by any person authorized to sell at public auction, and 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.

13. [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.

14. [SEC. 1449.] The Governor of the State is authorized to appoint one or more persons of known integrity and learning, as for each State to Commissioners for each one of the States and Territories of the be appointed by Union, who shall reside therein.

A Commissioner

the

Their powers and duties.

To authenticate

acter and acts of officers.

15. [SEC. 1450.] It shall be their duty to take depositions in virtue of commission that any 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.

16. [SEC. 1451.] The Commissioners are authorized and empowered to authenticate and attest the signature, official capacity and the official char official acts of any Judge, Justice of the Peace, or other public 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 their powers.

17. [SEC. 1452.] The power and authority of the Commissioner, except in taking testimony under a commission, shall extend only 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.

commissions, to

laws of this

18. [SEC. 1453.] The Commissioners, in executing commissions, shall conform in all respects to the legislation of this State in refer- In executing ence thereto, and shall sign every verbal process of deposition taken conform to the by them, and affix thereto their seal of office, bearing the impress of State. their names, official capacity, and the name of the State or Territory, within the jurisdiction of which they shall be authorized to act. 19. [SEC. 1454.] Every acknowledgment or proof of any deed, conveyance, mortgage, sale, transfer, or assignment, oath or affirma- Acknowledgtion, taken or made before a Commissioner, Minister, Chargé Commissioners d'Affaires, Consul General, Consul, Vice Consul or Commercial evidence. Agent, 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.

ment before

to be authentic

of certain pa

20. [SEC. 2398.] Copies of all the books and records, kept by the several railroad companies in this State, including extracts from 1856-205. the stock books and minutes of the proceedings of the Directors, Certified copies certified by the Secretaries of said companies, under the seal of the pers may be recompany, shall be received in all the courts of this State as evidence dence. in place of the originals.

ceived in ev.

presiding Judges, how

taken.

21. [SEC. 1962.] In every case now pending, or which may hereafter be instituted in any of the courts of this State, which are by 1855-352. law provided with Clerks, in which the Judge of the court may be a Testimony of material witness, the Clerk of the court shall administer the oath to the Judge, and shall take down his evidence in writing if required by either party in the cause; and in such courts as may not be provided with Clerks, it shall be lawful for any officer authorized by law to administer oaths to administer the oath to and take down the evidence of the Judge in writing, and the Clerk or other officer shall certify and sign the evidence, and the same shall be filed and used as evidence in the cause; provided, however, that the above formalities may be dispensed with by consent of parties in all cases, and the evidence of the Judge taken in any other manner and form that may be agreed upon by them.

1859-87. Harboring or

secreting sea

men who have signed shipping

22. [SEC. 3486.] It shall be and is hereby made a penal offense, for any person, either on shipboard or on shore, to harbor or secrete a seaman who shall have signed shipping articles to proceed on a voyage, or to inveigle or procure such seaman to desert or disregard the articles which he has signed; any person or persons so offending regarding them, shall on conviction be punished by fine and imprisonment at the offense.

articles, or aid

ing them in dismade a penal

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