1855--468. Penalties in case of aссі dents. Formalities gunpowder is re, eived on board. SEC. 2507. In case of any accident, except such as is impossible to be foreseen or avoided, that may happen to any steam-boat from racing, carrying higher steam than may be allowed by law, running into or afoul of another boat, or that may occur whilst the captain, pilot or engineer is engaged in gambling or attending any game of chance or hazard, or whenever an accident happens from the boat being overloaded, the owner of the boat shall be responsible for all loss or damage, and shall be barred from the recovery of freight or insurance; and the officer violating the provisions of this section shall be subject to a fine of not less than five hundred nor more than two thousand dollars, and imprisonment for not less than three months nor more than three years; and in the event of loss of life being the result of such accident, then said officers shall be adjudged guilty of manslaughter. SEC. 2508. When gunpowder is shipped on board of a steamrequired when boat, it shall be stored away at as great a distance as possible from the furnace, and a written notification of the fact shall be placed in three conspicuous parts of the boat; and in the event of such notification not being so exhibited, then for any loss of property or life for which the powder may be deemed the cause, the owner and captain shall be liable to the penalty provided in the preceding section. Penalty for shipping gun. powder without notice. SEC. 2509. Any person who shall ship or put on board, or cause to be shipped or put on board of any steam-boat, within this State, any gunpowder, without giving notice thereof, at the time of making the shipment, to the master or clerk of said boat, shall be liable to a penalty of two hundred dollars, which may be sued for and recovered by the owner, captain or clerk of said boat for his own use and benefit; and in case of any loss of property in consequence of gunpowder being on board of said boat, the shipper that shall have failed to give due notice, as herein required, shall be liable therefor, or for any injury done to any person or to his family; and in the case of loss of life, the person who shall have shipped the same without giving due notice thereof, shall, on conviction, be adjudged guilty of manslaughter. SEC. 2510. It shall be the duty of the captains and owners, or be used as tiller the agent of every steam-boat, under the penalties mentioned in the first section, to substitute an iron chain for the rope now used as a tiller rope. Iron chains to ropes. Penalty for SEC. 2511. Whenever the captain or other person in command taking wood of any steam-boat shall take, or cause to be taken from any without the owner's consent Wood-yard, any cord-wood or wood of any other kind, he shall pay for such wood the price demanded by the owner thereof. In case of refusal or neglect to pay the price so demanded, in the current coin of the United States, the owner of the boat shall pay the price thereof, together with fifty per centum on such price, as damages resulting from the non-payment thereof; provided, That such damages shall in no case exceed fifty dollars, unless on proof of damage to a greater extent. Proviso. Affidavit of owner to be prima facie ovi. dence. SEC. 2512. It shall not be necessary for the owner of wood to furnish proof of his claim against any steam-boat for cord-wood taken, other than his affidavit, setting forth all the material facts connected with the taking of such wood, and refusal to pay therefor, accompanied with a certificate of the judge or of a jus tice of the peace, in case of the absence or death of the judge of the parish in which the affiant lives, that he is of good standing as to veracity, and is a citizen of that parish, which affidavit and certificate shall be prima facie evidence, and any person making such affidavit falsely shall be guilty of perjury, and shall, on conviction, be punished according to law. carried. SEC. 2513. All captains or commanders of steam-boats navi- Lights to be gating lakes, rivers or bayous within the jurisdiction of the State of Louisiana, shall, when running during the night, be compelled to hoist each two lights, both on the hurricane deck, one forward and the other at the stern, which lights shall be kept up without intermission throughout the night, under the penalty of five hundred dollars for every failure or neglect, to be recovered of the captain or other commanding officer of such steamboat, one-half of which penalty shall be for the use of the informer. more than one SEC, 2514. In all cases before any justice of the peace of the 1858-171. State, when a writ or order of provisional seizure, attachment, Vessels, eto.. only liable for sequestration, or final seizure has been issued, under which any costs under the vessel, steamer or other water-craft is being placed in the hands first writ where of any constable, the said vessel, steamer, or other water-craft writ has issued shall not be subject to any other costs than those accrued on the against them. first writ so issued; and any other writ or order of provisional seizure, attachment or final seizure, shall be levied on the first writ or order in the hands of the said constable without any other costs whatever. SEC. 2515. So long as any vessel, steamer or other watercraft shall remain in the hands of the constable, the court shall not allow costs for more than one or two keepers, if the case require it; and the cost of said keeping, in case of the dissolution of the writ or order under which the vessel, steamer, or water-craft was seized, shall be borne in proportion by the parties having wrongfully prayed for the same. SEC. 2516. The same privilege shall attach to ships and other vessels for towage, as is now allowed for pilotage, wharfage and anchorage by existing laws, and be subject to the same prescription. Sale and mort SEC. 2517. In addition to the conveyances and securities now 1869-35. allowed by the laws of this State, all bills of sale, mortgages, gage of ships hypothecations and conveyances of ships, steam-boats and other authorised." vessels, or parts thereof, made in good faith and for a valuable consideration, shall be valid, and the record thereof, if of vessels of the United States, according to the laws of the United States, or if of a foreign State, according to the laws of such State, shall be notice to all persons. 1855-398. of the court in which suceession has been opened. ated out of the State to fur General powers.. SEC. 2518. The court in which the succession was opened Jurisdiction shall have exclusive cognizance of all suits against sureties on bonds of appeal, and all others which they are bound by law to receive or exact from appellants and administrators, tutors, curators and executors, generally, and no such suit shall be instituted against the security, until the necessary steps have been taken to enforce payment against the principal. Penalty for sion of a vacant succession without being authorized to do 80. SEC. 2519. In case any person shall take possession of a taking possest vacant estate, or a part thereof, without being duly authorized to that effect, with the intent of converting the same to his own use, he shall be prosecuted by information, and on conviction thereof shall be fined not exceeding two thousand dollars to the benefit of the State, and shall be, moreover, liable to pay all the debts of the said estate, exclusive of the damages to be claimed by the parties who may have suffered thereby. 1884-19. Penalty against representatives of successions for failure to account. Judge to ⚫harge spe ⚫ially. 1855-78. Adminis trators, execu tors, curators SEC. 2520. Whenever any administrator, tutor, executor, syndic of an insolvent estate, or others holding fiduciary trusts, shall neglect, fail or refuse, after having been ordered by a court of competent jurisdiction to file in the court where such trust is exercised, once between the first day of January and the thirtyfirst day of December, of each calendar year, a full and complete account and statement of such trust, shall be guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding five hundred dollars ($500), and in default of payment, imprisoned not exceeding six months. SEC. 2521. Judges exercising criminal jurisdiction shall give this act specially in charge to grand jurors. SEC. 2522. Administrators, executors, curators and syndics, shall continue in office until the estate shall be finally wound up. Any creditor or person interested shall have the right to require remain in office that they shall give new or additional security for the faithful finally settled. performance of their duties, as often as once in every twelve and syndics to till estate is months, and oftener, if the court, on motion to that effect, may judge it to be necessary. May be com pelled to give new security. To qualify SEC. 2523. Whenever the testamentary executor, or any other administrator of a succession, shall suffer ten days to elapse, within ten days after his confirmation or appointment, without having either after appoint qualified or caused an inventory to be at least begun, the judge shall, forthwith and ex officio, appoint a successor in office, as if no such officer had been confirmed or appointed. ment. Testamen SEC. 2524. Whenever the testamentary executor named in the 1855-309. will shall be present in the State, but be domiciled out of it, the tary executors judge shall only grant him the letter on the execution of his bond domiciled out of with a good and solvent security for such a sum and under such the State to furconditions as are required by law from dative testamentary ex- security. ecutors. nish bond and SEC. 2525. The fees allowed to experts and appraisers ap- 1870-66. pointed by the court of probate jurisdiction to assist in taking Fees of appraisers and exinventories of successions are hereby fixed at, and shall not ex-perts in taking inventories. ceed in any case the sum of four dollars for each expert or appraiser for each vacation held in taking said inventory. 1877-125, extra C. C. 1221-2-3. SEC. 2526. Articles 1221, 1222 and 1223 of the Civil Code, imposing a tax of ten per cent on successions falling to foreign session. heirs, legatees and donees, are repealed; provided, That the re- Repeal of tax peal of the said articles of the Civil Code shall not affect the on successions right of the State to collect the said tax in successions opened foreigners. prior to April 20th, A. D., 1877. SEC. 2527. Article 3042 of the Revised Civil Code be amended and re-enacted so as to read as follows: falling to 1876-109. be received. C. C. 3042. The debtor obliged to furnish security must offer a person able the parish may to contract, having property liable to seizure within the State sufficient to answer for the amount of the obligation, and whose domicile is in the jurisdiction of the court where it is to be given. Whenever it shall be made to appear to the satisfaction of the judge having jurisdiction thereof, that any person who has been appointed to discharge the duties of administrator, executor, tutor, curator, or of any fiduciary trust whatever, is unable to give security in the parish, the judge shall have power to order that sureties residing in any other parish be received. Where surety is tendered of persons residing out of the parish, the judge shall pass on the sufficiency thereof, and shall require such proof as he may deem necessary. All actions on bonds against the sureties aforesaid may be instituted in the court having original jurisdiction of the subject matter; and the parties thereto, when legally cited, shall be subject to the jurisdiction of such court. PUBLIC ADMINISTRATOR IN THE PARISH OF ORLEANS. session. ministrator to SEC. 2528. The Governor of the State of Louisiana shall ap- 1870-120. point a suitable person, to be known as the public administra- 1877-111, extra tor for the parish of Orleans, whose duties and powers shall be Public adas follows: In all intestate successions when there is no surviv- be appointed ing husband or wife or heir present or represented in the State, for parish of the public administrator shall be appointed by the judge of the proper court to administer the same. Orleans. Public ad ministrator to act in certain sions. SEC. 2529. In all testate successions, in the parish of Orleans, when from any cause the executor cannot discharge the duties testate succes- of his office, the judge shall appoint the public administrator dative testamentary executor, when there is no surviving husband or wife or heir present or represented in the State who is qualified to assume and who claims the right to assume the duties of the said office. SEC. 2530. All vacant successions shall be administered by the public administrator of the parish in which the deceased died, until the heirs present themselves and are recognized by the court and put in possession; and if no heirs present themselves within one year, the funds resulting from said estates shall be paid into the treasury of the State. SEC. 2531. Before entering upon the duties of his office, the said public administrator shall file with the Governor a bond, with good and solvent security, to be by him approved, for the faithful discharge of his duties; which bond shall be for the benefit of, and may be sued upon by, any party interested in any estate upon which he may administer. In the parish of Orleans said bond shall be in the sum of fifty thousand ($50,000) dollars, and in the other parishes in the sum of ten thousand ($10,000) dollars; and this amount may be increased from time to time on the application of any creditor on showing the same to be necessary. SEC. 2532. The public administrator shall hold his office for the term of four years, and until his successor shall be appointed and duly qualified. SEC. 2533. He shall receive as a compensation two and onehalf per cent. on the inventory of estates administered by him, and two and one-half per cent. on all collections, and all necessary expenses in looking after and preserving the property of estates. SEC. 2534. In all other respects, not inconsistent with this act, he shall have the same powers and duties now possessed by administrators under existing laws. SURETY. 1855-365. in favor of security on SEC. 2535. Whenever a person, bound as security upon a Subrogation twelve months' bond, has paid the same, he shall be subrogated to all the rights which the original creditor had at the time such twelve months' bond was given, or at the time the bond is paid by such security; provided, however, That this section shall only apply where the property has been adjudicated to the defendant in the judgment, and he is the principal upon such twelve months' bond. bond. |
