Property may the delivery of property except on surrender and cancellation of the be removed by legal process. original receipt or bill of lading, or endorsement of such delivery thereon in case of partial delivery, shall not apply to property replevied or removed by operation of law. Penalty for de falcation. Penalty for purchasing goods with intent to defraud. SEC. 2488. If any commission merchant, agent or person storing or shipping any goods, wares, merchandise, grain, flour or other produce or commodity in his own name, being in the possession thereof for or on account of another party, and negotiating, pledging or hypothecating the cottonpress receipt or bill of lading received therefor, shall not account or pay over to his principal or owner of the property the amount so received on such negotiation, pledge or hypothecation, he shall be adjudged guilty of fraud, and, upon indictment and conviction thereof, shall be fined a sum not exceeding five thousand dollars, or punished by imprisonment in the penitentiary of the State for a term not exceeding five years, or both. D. sec. 824, 2887. SEC. 2489. Whosoever shall purchase goods, wares, merchandise or other commodity for cash, and shall sell, hypothecato or pledge the same to another, and use the proceeds thereof for any purpose other than the payment of the seller or vendor, with intent to cheat or defraud such seller or vendor, or who shall conceal, ship or otherwise make way with, or deliver to another, goods, wares, merchandise or other commodity so purchased, without paying for the same, with intent to cheat or defraud the seller or vendor thereof, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the penitentiary for a term not exceeding five years, or by both such fine and imprisonment. D. sec. 825. SEC. 2490. (Movable property, how pawned.) See D. 2905. The governor to appoint notaries public. NOTARY PUBLIC. SEC. 2491. The governor of this State be and he is hereby authorized to appoint, by and with the advice and conseut of the senate, as many notaries public in the different parishes of the State as may be deemed necessary. D. sec. 1566; Act 1861, p. 91. SEC. 2492. Notaries public shall have power, within their several Powers of nota parishes, to make inventories, appraisements, partitions; to receive wills, make protests, matrimonial contracts, conveyances, and gener ries. ally all contracts and instruments of writing; to hold family meetings and meetings of creditors; to receive acknowledgments of instruments under private signature; to affix the seals upon the effects of deceased persons, and to raise the same; and all acts executed by them, in conformity with the provisions of article two thousand two hundred and thirty-one of the civil code, shall be authentic acts. D. sec. 326; Act 1855, p. 322; Act 1877, p. 10, No. 7-oaths and acknowledgments. Oaths they may SEC. 2493. They shall have the right to administer oaths quoad the duties of their office, and such oaths as may be necessary to enable administer. citizens of the United States to procure their protection certificates from the regularly authorized officers of the customs of the United States. Act 1877, p. 10, No. 7. SEC. 2494. All notarial acts shall be made and executed in the office Acts to be passed at their of the notary, unless where the illness of the party or some other suffi- office except in certain cases. cient cause shall prevent him from attending in such office. Duty of nota certain acts. SEC. 2495. Whenever they shall pass any acts wherein a married woman or a widow is a party they shall be bound to mention the ries in passing Christian and family name of such woman, adding that she is the wife or widow of, the husband's name. to be inserted. SEC. 2496. They shall insert in their acts the Christian names of the Christan names parties in full, and not with their initial letters alone. lating the two tions. SEC. 2497. All notaries or other persons acting as such contravening Penalty for viothe provisions of the two preceding sections, shall be liable to a fine of preceding secone hundred dollars, to be recovered before any court of competent jurisdiction; one-half for the benefit of the informer. mortgages SEC. 2498. Registers of mortgages shall be bound to refuse their Registers of certificates to persons whose Christian or first names shall not be bound to refuse stated, or whose Christian or first names shall be designated by the initial letters alone. D. sec. 3146. certificates, etc. Certain officers buildings, etc. SEC. 2499. Every notary public or other officer in the city of New to keep their ofOrleans having the custody of public records shall keep his office in fices in brick a brick building covered with tiles, slates or terrace; in default where- Penalty. of he shall be deprived of his office. SEC. 2500. The governor shall be authorized to grant leave of ab- Leave of absence to notaries public for a period not exceeding eight months, to sence, how granted. date from the day of the permission granted by the governor. Notaries public thus permitted to absent themselves shall be required to name and designate another notary public to represent them during their absence. D. sec. 1567. SEC. 2501. It shall be the duty of all notaries public within this Duties of nota ries to deposit originals of all acts passed by them in the of fice of parish recorder. Provided. Penalty for violating preced ing section. Who may State, without the limits of the city of New Orleans, to deposit in the office of the parish recorder of the parish in which they may be respectively commissioned, within fifteen days at farthest after the same shall have been passed, the original of all acts passed before them, and in the order of their respective dates, first making a careful record of said acts in their record books; provided, that the foregoing shall not be so construed as embracing inventories or partitions, or any other act required by law to be performed by them under any order of court; but the original of all such acts, without being recorded, shall be returned to the court from which the order issued. 28 A. 27; C. C. 2251, 2255; D. sec. 2524, 3165; Act 1882, No. 50-bind their acts. SEC. 2502. All notaries without the limits of the city of New Or leans who may contravene the provisions of the preceding section shall be liable to a fine of one hundred dollars for each infraction of the same, to be recovered before any court of competent jurisdiction; one-half for the benefit of the informer, SEC. 2503. C. C. 2251. Any male citizen of the State may be appointed a notary be appointed public in and for the parish in which he resides and has been a resinotary public. dent for five years, upon giving bond, with good and solvent security, Bonds of notary in the sum of five thousand dollars for the parish of Orleans, and one thousand dollars for the other parishes of the State, conditioned for the faithful performance of all duties required by law toward all persons who may employ him in his profession of notary; and after being Examination of examined by the judge of supreme court, district or parish court of competency, etc. Bonds to be the State, and after having received a certificate of having been found competent on such examination to exercise the profession of notary public. Act 1868, No. 208; Act 1868, p. 114, No. 84; p. 233, No. 176. SEC. 2504. Said bond shall be executed before the clerk of any of the district courts, and, with the certificate of examination by any auditor of pub- judge of the supreme court, district or parish courts of the State, be filed with the auditor of public accounts. filed with the lic accounts. newed every five years. SEC. 2505. All notaries shall renew their bonds every five years; Bonds to be re- and may be suspended by any judge of the supreme court or district courts of the State for failure to pay over money entrusted to them in their professional character, for failure to satisfy any final judgment rendered against them in such capacity, or for just cause. 29 A. 84. Their suspen. sion for just causes. Present nota ries to act on Ienewal of bonds. SEC. 2506. All notaries now exercising functions as such, as well as those to be qualified under the provisions hereof, are authorized and shall continue to act as such so long as they shall renew their bonds, unless suspended by the supreme court. 29 A. 84. SEC. 2507. (Notaries to keep a record of protests and notices.) See D. 325. D. sec. 3116; Act 1855, p. 47. SEC. 2508. (Protests, how made and notices given.) See D. 326. SEC. 2509. See D. 327. (Notices of protests, when to be put in the postoffice.) D. sec. 3118. SEC. 2510. (Notice, how given when the residence is unknown.) See D. 328. D. sec. 3119. SEC. 2511. (Stealing, destroying, etc., notarial records, etc.) See D. 876. Act 1855, p. 130. SEC. 2512. And it shall likewise be the duty of notaries public and other officers performing their duties to cause marriage contracts and other acts which are executed before them, and from which any legal mortgage is derived in favor of a married woman on the property of her husband, to be recorded in the same manner as aforesaid. Act 1855, p. 311; C. C. 3370 (3334). Also, all acts who fail to have certain mort SEC. 2513. The judges, clerks and notaries who shall fail to cause Liability of judges, clerks the legal mortgages which exist in favor of minors, interdicted or ab- and notaries sent persons, or in favor of married women, to be recorded as herein provided for, shall be liable in damages towards any person who shall suffer thereby, and shall be subject to be removed from office. D. sec. 486, 1081. SEC. 2514. The parties to a notarial act may, by written clause in the act, dispense with the certificate of mortgage required by article three thousand three hundred and twenty-eight of the civil code, and the notary or parish recorder shall not in such case be entitled to charge for such certificate. C. C. 3139 (3106), 3328 (3296); D. sec. 449, 2394, 3139; Act 1845, p. 55, sec. 4; C. C. 3364 (3325). SEC. 2515. (Notices may be delivered by notaries.) See D. 1497. SEC. 2516. See D. 3188. C.C. 288; Act 1855, p. 310. (Notarial acts to be recorded to affect third persons.) C. C. 2264; Act 1855, p. 335. SEC. 2517. (Recording of notarial and public acts, of private written acts, of private unwritten acts.) See D. 2388. C. C. 3348; D. sec. 3093; Act 1869, p. 114. SEC. 2518. (Manner in which married women may renounce in favor of third persons.) See D. 1717. C. C. 129; D. sec. 3985; Act 1855, p. 254, SEC. 2519. (Act of sale of property not to be passed unless all taxes due thereon have been paid.) See D. 3615. D. sec. 3147, 3395; Act 1855, p. 325 gages recorded. Number of notaries to be appointed for the parish of Orleans. SEC, 2520. (Penalty for violation of preceding section.) See D. 3616. D. sec. 3148. IN NEW ORLEANS AND PARISH OF ORLEANS. SEC. 2521. The governor shall, by and with the consent of the senate, appoint not less than forty notaries for the parish of Orleans, Who, besides the qualifications previously required by law, shall give bond, with one or more solvert sureties, in the sum of five thousand dollars, subscribed in favor of the governor of the State, and conditioned as the law directs, for the faithful performance of his duties; Bond to be giv which bond shall be recorded in the office of the register of conveyances, in a special book kept to that effect, after having been duly approved by any one of the judges of the civil district court for the parish of Orleans. (As reënacted by Act 1880, p. 12, No. 4.) en by notaries. D. sec. 1569; Act 1857, p. 84; 28 A. 26; 29 A. 27. SEC. 2522. The recorder of mortgages of the parish of Orleans be, and he is hereby authorized and required, on the application in writRelease of mortgages furnished ing, of any notary or legal representative of any notary, in said parby notaries. ish, where bond furnished under the second section of the act of the generally assembly of this State, entitled "an act relative to notaries in New Orleans," approved March 14, 1855, may have been recorded in the office of gaid recorder of mortgages, to erase and cancel from his books the mortgage resulting from said inscription; provided, it shall be made to appear to the said recorder, by a certificate of the register of conveyances of said parish, that such notary has furnished and recorded in the office of the said register of conveyances a bond, as required by the second section of the act of the general assembly of this State, entitled "an act relative to notaries public in and for the parish and city of New Orleans," approved March 12, 1857. Provided. Fees allowed. D. sec. 3173; Act 1866, p. 206; C. C. 3374. SEC. 2523. For the services required by this act the said recorder of mortgages and register of conveyances shall receive from the party applying therefor the fee established by law for issuing a certificate or erasing a mortgage, and no more. Con. 1879, art. 145; D. sec. 3174; Act 1880, p. 26, No. 24. SEC. 2524. (Duty of notaries to have conveyances recorded.) See D. 3165. C. C. 2251, 2255, 2525 (2501); D. sec. 407; Act 1855, p. 320; 28 A. 27. SEC. 2525. The governor shall not appoint or commission any notary public in or for the parish and city of New Orleans who shall fail |