DOMICILE OF CORPORATIONS. SEC. 740. Every corporation organized or which may hereafter be Corporations to organized under and by virtue of any law of this State, shall establish establish their its domicile at some place within the State of Louisiana, and not else- Louisiana. where. C. C. 33 (42,) 433 (424); D. sec. 1205; Act 1857, p. 61. domicile in held at the place of domi. cile. SEC. 741. Every such corporation shall, from and after the passage of this act, hold all its meetings for the transaction of business apper- tions, etc., to be Meetings, electaining to its corporate purposes or capacity, whether of its stockholders at large, for election of officers, or other purposes, or of its directors, managers, trustees or other officers charged with the direction of its affairs, at the place of domicile of said corporation; and any such meeting held elsewhere, and any business transacted at any meeting held elsewhere, shall be unlawful and of no effect. D. sec. 1206. CORPORATIONS RECEIVING MONEY ON DEPOSIT, OR DECLARING Sections 742, 743, 744 and 745 are repealed by Act 1874, No. 111, as follows: companies, du SEC. 1. It shall be the duty of the several banks and the various insurance companies incorporated in this State, on the third Monday of April, 1874, and annually thereafter, to cause to be published in the official journal of the State, printed in the city of New Orleans, once a Incorporated week for four weeks in succession, a full and complete list of the names ties of. of all parties who may have in such institution any unclaimed or uncalled for sums of money, specifying also the several amounts thereof, Publication. beginning from the dates of their respective incorporation, whenever how mɛi the same are of three years' standing or more at the time of such publication; whether the same arise from deposits, dividends, interest scrip, or result from the non-payment of any drafts, bills of exchange, certificates of deposit issued payable to bearer, and which have not been presented for payment or been paid, or otherwise; or drafts, bills of exchange, or certificates of deposit, drawn in favor of such persons, or any other parties, and not subsequently paid by such institution; or, as in the case of certificates of scrip, not subsequently paid or delivered to the owner thereof; also all interest on scrip due and unpaid for more than three years since the same became demandable, and generally all indebtedness of such institutions, in any manner whatever, of more than three years standing, or where the evidence of the fact or of the indebtedness is exclusively in possession of such institutions. how verified. SEC. 2. The said duty of publication, according to the provisions of Publication, the first section hereof, is hereby imposed upon all incorporated institutions of this State receiving deposits or declaring dividends on money, scrip or other evidences of indebtedness; and the same shall be verified by the affidavits annexed thereto of the president and cashier when they are made by a bank, and of the president and secretary when made by an insurance company. SEC. 3. Each and every omission to advertise, in accordance with Omission to ad the provisions of this act, shall subject the corporation so offending to vertise, penalty a penalty of one thousand dollars, recoverable before any court of for. tered. competent jurisdiction, at the domicile where such corporation is established, in the name and for the benefit of the charity hospital of New Orleans; provided, the publication herein directed is only required when the sum exceeds ten dollars; and that it shall be the duty of the public administrator to institute all such suits; and in case such bank or other incorporated institution shall, after the institution of such suit, still omit to make the publication herein required, such bank or institution, for such failure or omission, shall be subjected to a further penalty of two thousand dollars, during each and every month thereafter, to be sued for and recovered in the same manner as provided for the first omission. SEC. 4. In all cases when it shall appear that dividends of money or of scrips, or deposits, or drafts, bills of exchange, certificates of deDividends, etc., how adminis. posit or otherwise, have remained uncalled for for a period of seven years or more, and such dividends or scrip, or interest of scrip, or drafts, bills of exchange, certificates of deposit or otherwise, have remained uncalled for during a period of seven years or more, and such dividends or scrip, or interest of scrip, drafts, bills of exchange, certificates of deposit or otherwise, shall stand in the names of persons who are absent and unrepresented, and have not been heard from within the period of seven years, the public administrator shall proceed to administer upon the same in the manner now provided by law for the administration of vacant estates. Legal proceed ings, how tried. SEC. 5. All legal proceedings instituted by the public administrator under this and other acts shall be trird by preference in the district courts and in the supreme court. SEC. 6. All laws and parts of laws upon the subject matter contained in this act, and contrary to the provisions of this act, are hereby repealed, and this act shall take effect from and after its passage. D. sec. 303, 728, 1877; Act 1859, p. 142; Act 1874, p. 162, No. 111; Act ciations receiv tions from the State. RELATIVE TO INSTITUTIONS AND ORGANIZED COMPANIES RE- SEC. 746. Those institutions, organized companies and associations, for whose benefit appropriations in money have been or may hereafter Duty of insti- be made by this State, shall, on or before the first Monday of January tutions, companies and asso. of each year, report to the auditor of the State a full and complete ing appropria- Statement of their condition, exhibiting the kind and character of their property, and the revenue arising therefrom, the names of the officers attached to the institution, number of children, their ages, sex, place of nativity and date of admission, how instructed, whether a student in mechanics or trades, the disposition of the funds appropriated by the State, and the purposes for which any additional sums may be required. Act 1857, p. 243. [N. B. For parish of Orleans, see Act of 1880, p. 187, No. 136.] SEC. 747. In any suit or proceeding where a fee for compensation is Suits for fees to involved, it shall be allowed to either party to pray for a trial by a jury, be tried by jury. whether the fee or compensation be claimed from an insolvent estate or a succession, whether by way of opposition or otherwise. process return SEC. 748. The sheriffs throughout the State shall, whenever they re- Sheriff's fees to turn a paper or process into court, endorse thereon the specified items be endorsed on of fees claimed by them that may have accrued on the process or ed into court. paper; and in default thereof, or if such fees are overcharged, the same shall be forfeited, and the sheriff forever barred from collecting the item of fees so omitted or overcharged. D. sec. 3557; Act 1870, No. 101, sec. 4. SEC. 749. Whenever a sheriff or clerk shall retire from office he shall cause to be filed with the proceeding in which he may be entitled to costs, within twenty days, specific bills of his fees; and in default thereof, or if any item shall be overcharged, the same shall be forfeited, and such sheriff or clerk forever barred from collecting the same. D. sec, 481, 3558; Act 1870, No. 101, sec. 5. Sheriff and clerk on leav ing office to file bills for fees due them. What shall be costs. SEC. 750. The costs of the clerk, sheriff, witness' fees, costs of tak- deemed taxed ing depositions and copies of acts used on the trial, and all other costs allowed by the court, shall be taxed as costs. D. sec. 3559; Act 1870, No. 101, sec. 6. Clerks to en SEC. 751. The clerks of the district courts shall endorse upon or dorse costs on annex to all writs of fieri facias issued by them specific bills of the fieri facias. taxed costs. delivered. SEC. 752. No person shall be bound to pay any costs or fees until Fee bill to be the officer claiming the same shall deliver to the person against whom the fees may be charged an explicit fee bill, signed with the officer's name in full, officially; and on payment the officer shall be bound to give a receipt on said fee bill if so required. Act 1879, No. 101, sec. 9. Costs may be every six SEC. 753. Every six months after a suit shall have been instituted in any of the courts of this State, the clerks thereof shall have the demanded right to demand from the plaintiff the amount of his costs, including months. the sheriff's costs; and on neglect of the plaintiff to pay such bill, detailed by separate items and sworn to by the clerk, and approved by the judge, execution shall issue against the plaintiff, as in cases of fieri When execu tion may issue ✓ for costs. Sheriff in New Orleans may demand his costs in sixty days. Clerks may require security.. Clerks of su preme court, their fees. facias upon judgments, after ten days' notification by the sheriff. Whenever the plaintiff does not reside in the parish in which the suit is instituted the clerk and sheriff shall have the same remedy against the surety for costs, and such surety shall not be entitled to the benefit of discussion. D. sec. 3733; 30 A. 83; Act 1870, No. 101, sec. 7; Act 1877, Ex. S., No. 15, p. 20-cash deposit. SEC. 754. The sheriff of the parish of Orleans is empowered to require security for his fees, which shall be demandable from the plaintiff sixty days after the commencement of each suit, on his detailed certificate, approved by the judge or clerk of the court in which the costs originated. SEC. 755. The clerk shall have the right to require security to cover all costs to be taxed. Act 1970, No. 101, sec. 8. SEC. 756. The clerks of the superme court shall be entitled to demand and receive the following fees, and no more: For every certificate of admission of any attorney or counselor at law, ten dollars. For filing and registering record from inferior court, two dollars. For recording motion in court, one dollar. For entering appearance of parties, one dollar. For copying all instruments of writing, each hundred words, twenty cents. For issuing citation, with seal and certificate, one dollar. For issuing writ of certiorari, with seal, one dollar and fifty cents. For issuing writ of prohibition and seal, one dollar and fifty cents. For issuing writ of mandamus and seal, one dollar and fifty cents. For issuing writ of distringas and seal, one dollar and fifty cents. For issuing writ of subpoena duces tecum and seal, one dollar and fifty cents. For issuing notice of judgment and seal, ifty cents. For every continuance, twenty cents. For issuing attachment to bring persons into court, eighty cents. For entering final judgment, one dollar and fifty cents. For entering every interlocutory judgment, fifty cents. For each order of court entered on the minutes not otherwise provided for, thirty cents. For copy of same, with seal and certificate, fifty cents. For filing and registering, returns on all writs, twenty cents. For affixing certificate and seal of court to all records or documents other than those specified, sixty cents. For taking and filing bond in all cases required by law, one dollar For recording the judgment of the court, for each hundred words, twenty cents. For setting cause and calling the same for trial, twenty cents. For every other service rendered by the clerks a reasonable compensation shall be made by the party and determined by the court, according to the nature and equity of the case, having regard to the fees herein allowed; provided, the fees in no case shall exceed fifteen dollars, unless by the express sanction of the court. And in criminal cases the following fees, and no more; For entering appearance, one dollar. For recording motions in court, one dollar. For copy of judgment to be recorded in lower court, fifteen cents for every one hundred words; provided, that the costs of the clerk of the supreme court shall in no criminal case exceed the sum of ten dollars. Provided. Fees in criminal cases. Provided. Fees of clerks SEC. 757. The clerks of the several district courts throughout this State shall be entitled to demand and receive the following fees of of district office: For endorsing, registering and filing petition, ten cents. courts. For endorsing, registering aad filing answers, ten cents. For copying all instruments of writing, not otherwise provided for, each one hundred words, ten cents. For issuing citation, with seal and certificate, fifty cents. 1 For copy of citation, with seal and certificate, forty cents., For issuing attachment and seal, seventy-five cents.. For copy of attachment and seal, forty cents. For issuing fieri facias, with seal, one dollar. For issuing order of seizure, with seal, one dollar, For issuing order of sequestration, with seal, one dollar. For issuing writ of certiorari, with seal, seventy-five cents. For issuing injunction, with seal, seventy-five cents. For issuing writs of habeas corpus, with seal, and the proceedings thereon, no charge shall be made by the clerk or sheriff, except in civil cases. For issuing writ of mandamus, with seal, seventy-five cents. |