Penalties. Provided. Forfeiture of fees. service, who has made the proper deposit and complied with the requirements of law authorizing them to demand such service from the clerk, such clerk shall, on such facts being brought to the attention of the court in writing, sworn to by the party making it, which shall be served with the order made thereon by the judge, fixing the time for trial thereof, not exceeding two days from the date of the order; and on such trial, which shall be summary and without jury, if such clerk shall be found guilty of the charge, he shall be considered in contempt of court, and be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, or suspended from office, either one or all, and the clerk and his securities on his official bond shall be responsible to any party for any damage that may result from his failure, refusal or neglect to perform any duty required of him by law. If such clerk is suspended from office it shall be the duty of the district judge to appoint a clerk to act in his place, who shall take the oath and give the bond required of clerks, and who shall receive all the fees and emoluments of the office during the time he acts as clerk. When any judge shall suspend any clerk from office; he shall transmit to the governor the proceedings, evidence and judgment of suspension, who shall lay the same before the legislature at its next session, to the end that the legislature may ratify or reject such suspension from office. If the suspension should be ratified, then such office shall be considered vacant, and be filled as provided by law. If the legislature shall fail to ratify such suspension from office, then such officer is to be restored to his office, but shall be liable for any contempt or delinquency thereafter committed, as in the first instance. A failure of the legislature to act at the first session after such suspension shall leave the suspension in force; provided, that the legislature may act on the case at any subsequent session, and the consequence of their action shall be as above set forth. D. sec. 486, 1955, 3595. SEC. 1090. Any failure of the clerk of any court to comply with any legal formality in issuing citation, petition or other process, or if the same is not a true copy, or legal in form or substance, no fee shall be charged by the clerk for issuing such copy or process; and he shall moreover be responsible to the sheriff for any costs he may incur in executing or attempting to execute any such process, and the parties to such suit shall not be charged with any of the clerk's or sheriff's costs above referred to; and any costs that may be incurred by any sheriff in executing or attempting to execute or serve any writ or paper, or other process which has not been executed or served in the manner pointed out by law, shall not be charged against any party in any suit, but all such costs and the expenses incident thereto shall be borne by such sheriff. D. sec. 487, 1956, 3596; C. P. 781. DUTIES OF CORONER IN CRIMINAL PROCEEDINGS. SEC. 1091. (Testimony in writing.) See D. 662. SEC. 1092. (Verdict of coroner's jury.) See D. 663. SEC. 1091. (Power to arrest accused persons.) See D. 665. CURATOR. An under-curapointed to interdicted per tor to be ap SEC. 1095. In every curatorship to an interdicted person there shall be an under-curator, whom it shall be the duty of the judge to appoint at the same time the letters of curatorship are certified for the sons whenever curator. C. C. 406; Act 1861, p. 195. a curator is appointed. Duties of SEC. 1096. It shall be the duty of the under-curator to act for the interdicted person whenever the interest of the interdicted person is under curator. in opposition to the interest of the curator. C. C. 407. Cannot be a member of a family meeting, but must be present to aid SEC. 1097. The under-curator cannot be a member of family meetings, but must be present for the purpose of advising; and when he is of opinion that the determination of the family meeting is injurious to the interest of the interdicted person, it shall be his duty to oppose and advise. the homologation of the proceedings. C. C. 408. How yacancy ship shall be SEC. 1098. The curatorship shall not devolve upon the undercurator when the same shall become vacant; but when it shall become in the curatorDecessary to appoint another curator, it shall be the duty of the un- filled. der-curator, under his responsibility, to cause such an appointment to be made. C. C. 409. SEC. 1099. The duties of the under-curator shall be at an end at Duties of underthe same time with the curatorship. curator and curator to cease at the same time. C. C. 410. SEC. 1100. (When to take effect. Recording of bonds of curators.) See D. 2383. C. C. 1677 (1670); C. P. 924; D. sec. 1433, 1460, 1477, 3088, 3710; Act 1869, p. 114. SEC. 1101. (Recording of inventory.) See D. 2384. C. C. 3315 (3283), 3385; D. sec. 2361, 3868; Act 1869, p. 114. SEC. 1102. Article eleven hundred and sixteen shall be amended and reënacted so as to read as follows: "If several persons claim the curatorship the judge shall appoint one of them to act as curator; provided he have the requisite qualifications and offers sufficient security." C. C. 1123 (1116); D. sec. 428; Act 1854, p. 51. SEC. 1103. (Proceedings in case of absence for more than ten years.) See D. 1. C. C. 53; C. P. 995, 996; D. sec. 3693; Act 1855, p. 3. SEC. 1104. (Suits against administrators, etc., to be continued against the heirs by making them parties.) See D. 3694. C. C. 1426 (1375); C. P. 21, 113, 120; D. sec. 6, 1462; Act 1855, p. 78. SEC. 1105. (Executors, etc., to deposit money collected by them in bank. Penalty for failing to do so.) See D. 3695. C. C. 1150; D. sec. 7, 1463, 1820. SEC. 1106. (Account of funds on hand whenever required.) See D. 3696. C.C. 1151; D. sec. 8, 1464, 1821. SEC. 1107. (To render an account once in twelve months.) See D. 3697. 34 A. 533; C. C. 356, 1191 (1179), 1674 (1666); C.P. 1053; D. sec 9, 1465, 3851, 3852. SEC. 1108. (To remain in office until the estate is finally settled. May be compelled to give new security.) See D. 3698. C. C. 1195 (1183), 1673; D. sec. 1, 10, 1466. SEC. 1109. (To make sales or employ the sheriff or an auctioneer.) See D. 1467. C. C. 1171, 2622 (2600); D. sec. 18, 3396, 3397, 3548, 3702, 3860. SEC. 1110. (To qualify within ten days after their appointment.) See D. 3699. C. C. 1126 (1119), 1132 (1125), 1678 (1671); D. sec. 11, 1468. SEC. 1111. (The heir or surviving partner in community, or in an ordinary partnership, authorized to buy at sales of estates represented by them as executors, etc.) See D. 3700. C. C. 1146 (1139), 1343 (1265), 1790 (1784); D. sec. 12, 1469, 3400, 3836. SEC. 1112. See D. 3688. C. C. 358 (351), 1154 (1145); D. sec. 14, 430, 1471, 2349, 3828; Act 1847, SEC. 1113. (Foreign heirs and legatees to pay a tax of ten per cent. on estates inherited by them. Representatives of estates to retain the tax in their hands.) Repealed by Act 1877, Ex. S., p. 125, No, 86. See D. 3683. C. C. 1221-1223; D. sec. 13, 1470, 3345; Act 1855, p. 38; Act 1877, No. 86. DAYS OF PUBLIC REST. Days of public SEC. 1114. The following shall be considered as days or public rest in this State, and no others, namely: The first of January, the eighth rest. of January, the twenty-second of February, Mardi Gras, the fourth of March in New Orleans, the fourth of July, the twenty-fifth of December, Sundays and Good Friday; and all promissory notes, bills of exBills when paychange and commercial paper which, by law or commercial usage, are able on the second day of required to be protested for non-payment, shall be due and payable grace. the day following the third or last day of grace, if the third or last day of grace be a Sunday or legal holiday; and should the day succeeding the last or third day of grace also be a Sunday or legal holiday, then such promissory note, bills of exchange or commercial paper shall be payable on the following day, not a Sunday or legal holiday; grace. and in computing the delay allowed for giving notice of non-acceptance or non-payment of a bill of exchange or promissory note, or other commercial paper, the days of public rest or legal holidays shall not be counted; and if the day or two days next succeeding the protest for non-acceptance or non-payment shall be days of public rest or legal holidays, then the day next following shall be computed as the first day after the protest. (As reënacted by Act 1880, p. 16, No. 9.) C. P. 207. 237; Act 1855, p. 47, sec. 6; Act 1870, p. 98, No 44; Act 1872, No. 42, p. 95; Act 1874, p. 64, No. 28; Act 1876, p. 27, No. 12; D. sec. 101, 324, 525, 3536. When payable on first day of DEAF, DUMB AND BLIND INSTITUTION. SEC. 1115. There shall be established an institution for the deaf, Institution for dumb and blind in the town of Baton Rouge. Act 1855, p. 356; Act Ex. S. 1878, p. 251, No. 18. deaf and dumb and blind established at Baton Rouge. of five administrators. SEC. 1116. The governor of the State shall appoint every two years, Appointment of by and with the advice and consent of the senate, five resident citizens of the State of Louisiana, who shall manage the institution of the deaf, dumb and blind, and be known under the name and style of the board of administrators of the Louisiana institution for the deaf, dumb and blind, at Baton Rouge, in this State. Place of meet. ing of said administrators. President of the board. Quorum. Duties of the board. Conditions of admission. Powers of the board. Election of a treasurer; his duties. D. sec. 1618; Act 1866, p. 124. SEC. 1117. The board of administrators shall have a room appropriated for their exclusive use in the institution, where they or a majority of them shall meet monthly, and as much oftener as they may deem expedient for the transaction of business. They shall keep a correct journal of their proceedings, and make annual reports to the general assembly of the affairs and condition of said institution, during the first week of each regular session of the legislature. SEC. 1118. They shall elect from among their members one member to act as president of the board. SEC. 1119. Three members of said board shall constitute a quorum for the transaction of business, and shall have power to choose from among themselves one member to act as president pro tempore in the absence of the president. SEC. 1120. The board shall have general superintendence and control of the institution, make all laws necessary for its management, and adopt such rules and regulations as may be required for the proper management of the institution and government of the pupils. SEC. 1121. They shall receive, instruct and support in the asylum all persons deaf, dumb and blind, who reside within the State of Louisiana, and are in indigent circumstances and unable to pay, or whose parents or guardians are unable to pay for the same; and the board shall have power to receive such other deaf, dumb and blind on such terms and conditions as may be determined on by the board. SEC. 1122. The board shall have power to appoint and to remove the necessary superintendents, matrons, physicians, teachers and such other officers as they deem proper for the good management of the asylum, and to fix their compensation; to accept any donation or legacy for the sole or exclusive use of the asylum; to sue and be sued. SEC. 1123. They shall elect annually a treasurer, who shall give bond and security for the faithful performance of his duty, and be approved by a majority of the board. It shall be his duty to receive quarterly, upon the warrant of the president of the board, whatever appropriations may be made by the State, and all other money or donations whatever for the benefit of the institution; to pay out on |