Изображения страниц
PDF
EPUB

accounts, the prescription of which is ten years under existing laws, shall be prescribed by five years.

C. C. 3538 (3503); D. sec. 5, 453; Act 1850, p. 90, sec. 1, 2.

promissory

SEC. 2812. All promissory notes, whether the same are negotiable or Prescription of otherwise, shall be prescribed by five years.

notes.

C. C. 3540 (3505); D. sec. 334, 454; Act 1852, p. 90, sec. 3. SEC. 2813. Hereafter all judgments for money, whether rendered Prescription of within or without the State, shall be prescribed by the lapse of ten judgments. years from the rendition of such judgment; provided, however, that Provided. any party interested in any judgment may have the same revived at any time before it is prescribed, by having a citation issued according to law, to the defendant or his representative, from the court which rendered the judgment; and if he be absent the court may appoint a curator ad hoc to represent him in the proceedings, upon whom the citation shall be served, unless the defendant or his representative shows good cause why the judgment should not be revived. Any judgment revived as provided above shall continue in full force for ten years from the date of the order of court reviving the same; and any Reviving judg judgment may be revived as herein provided for as often as the party interested may desire.

C. C. 3544 (3508), 3547; D. sec. 455; Act 1853, p. 250. sec. 1, 2, 3; Act 1876, p. 129, No. 84; 29 A. 69.

SEC. 2814. (Limitation of time within which prosecution may be carried on.) See D. 986.

Act 1855, p. 151.

SEC. 2815. All suits for the redhibitory defects of animals must be instituted within two months after the date of the sale thereof.

ments.

Suits, when to be brought.

favor of sheriffs

C. C. 2535 (2513); D. sec. 3196; Act 1828, p. 160, sec. 22. SEC. 2816. The sheriffs and their securities shall be able to pre- Prescription in scribe against their acts of misfeasance, nonfeasance, costs, offences and securities. and quasi-offences, after the lapse of two years from the day of the omission or commission of the acts complained of.

C. C. 3536 (3501); D. sec. 3546.

Term of pre

SEC. 2817. The term of prescription of privileges against ships, scription of steamboats and other vessels shall be six months.

C. C. 3237 (3204); 3534 (3499); D. sec. 2891, 3671; Act 1858, p. 111.
SEC. 2818. (Parol evidence inadmissible to show interruption by
acknowledgment of prescription against a judgment.) See D. 1441
C. C. 2278; Act 1858, p. 148.

SEC. 2819. (Parol evidence of acknowledgment, so as to interrupt prescription by persons deceased, inadmissible.) See D. 1442.

C. C. 2278; C. P. 985.

privileges

against ships,

etc.

Prescription

in certain cases

SEC. 2820. (Parol evidence inadmissible to prove promise to pay the debt of a third person.) See D. 1443.

C. C. 2278.

SEC. 2821. (Parol evidence inadmissible to prove promise to pay written obligation when prescription has already run.) See D. 1444. C. C. 2278.

SEC. 2822. All actions for the enforcement of any contract entered into with the corporation of the city of New Orleans for work and against actions against the city labor to be performed, and for the recovery of any damages alleged to have arisen in favor of the contractors for any breach thereof on the part of the said corporation, shall be prescribed if not instituted within one year after the expiration of the time within which such contract is required to be performed or such damages are alleged to have arisen.

Act 1858, p. 64.

PRESIDENTIAL ELECTORS.

ACTS OF CONGRESS.

The electors of the president and vice-president shall be appointed in each State on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed; provided, that each State may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote; and provided also, when any Time of holding State shall have held an election for the purpose of choosing electors, president.

election for

and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law provide.

Except in case of an election of a president and vice-president of the United States, prior to the ordinary period as hereinafter specified, electors shall be appointed in each State for the election of president and vice-president of the United States within thirty-four days preceding the first Wednesday in December, one thonsand seven hundred and ninety-two, and within thirty-four days preceding the first Wednesday in December in every fourth year succeeding the last election, which electors shall be equal to the number of senators and representatives to which the several States may by law be entitled at the time when the president and vice-president

electors.

thus to be chosen should come into office; provided, always, that Number of where no apportionment of representatives shall have been made after any enumeration, at the time of choosing electors, then the number of electors shall be according to the existing apportionment of senators and representatives.

Electors shall meet and give their votes on the said first Wednesday

in December, at such place in each State as shall be selected by the leg- Time and place of meeting. islature thereof; and the electors in each State shall make and sign three certificates of all the votes by them given, and shall seal up the same, certifying on each that a list of the votes of such State for president and vice-president is contained therein; and shall, by writing under their hands or under the hands of a majority of them, appoint a person to take charge of and deliver to the president of the senate, at the seat of the government, before the first Wednesday in January then next ensuing, one of the said certificates; and the said electors shall forthwith forward by the postoffice to the president of the senate, at the seat of government, one other of the said certificates; and shall forthwith cause the other of the said certificates to be delivered to the judge of that district in which the said electors shall assemble. The executive authority of each State shall cause three lists of the names of the electors of such State to be made and certified, and to be electors to be delivered to the electors on or before the first Wednesday in Decem- made.

ber, and the said electors shall annex one of the said lists to each of

the lists of their votes.

United States statutes, Act approved January 23d, 1845, vol. 5, p. 721
Act approved March 1st, 1792, vol. 1, p. 239; vol. 1, p. 239, sec. 2;
vol. 1, p. 240, sec. 3.

SEC. 2823. (Time for holding the election for electors.) Repealed.
Act 1877, Ex. S., p. 89, No. 58, sec. 6, 46.

Con. 1879, art. 191: "Presidential electors and members of congress shall be chosen or elected in the manner and the time prescribed by law."

D. sec. 1410; Act 1868, p. 245.

Three lists of

SEC. 2824. Every qualified voter in the State shall vote for electors as follows: Two persons shall be selected from the State at large, Manner of and one person shall be chosen from each congressional district in voting. this State, and in case any ticket shall contain two or more names of persons residing in the same district (except the two chosen from the State at large), the first of such names only shall be considered as duly voted for.

SEC. 2825. No person shall be considered a qualified elector who is not a qualified voter in the district for which he is chosen, or, in case of being selected for the State at large, then of some parish of the State.

Qualifications of electors.

Records pre

served by sec

SEC. 2826. (Examining the returns.) Repealed.

Act 1877, Ex. S., p. 89, No. 58, sec. 6, 46; D. sec. 1564.

SEC. 2827. One of the returns from each parish, endorsed by the retary of State, governor, shall be placed on file and preserved among the archives of the secretary of State.

on the first

D. sec, 1565.

SEC. 2828. (Publication of names of electors chosen.) Repealed.

Act 1877, Ex. S., p. 89, No. 58, sec. 6, 46.

SEC. 2829. The electors shall meet at the seat of government on the Electors to vote day appointed for their meeting by the act of congress (the first WedWednesday in nesday in December), and shall then and there proceed to execute the duties and services enjoined upon them by the constitution of the United States in the manner therein prescribed.

December.

Vacancy in electoral col. lege, how filled.

Compensation.

New parish

when created,

SEC. 2830. If any one or more of the electors chosen by the people shall fail from any cause whatever to attend at the appointed place, at the hour of four P. M. of the day prescribed for their meeting, it shall be the duty of the other electors immediately to proceed by ballot to supply such vacancy or vacancies.

SEC. 2831. Each elector shall receive the same daily compensation and allowance which at that time shall be allowed by law to members of the general assembly, to be paid by the treasurer of the State on warrants signed by the governor.

SEC. 2832. When a new parish shall be established it shall form a to what district part of the district to which it belonged previous to its change of orit shall belong.

ganization.

Act 1855, p. 481.

PRISONS.

Sheriff keeper of jail

SEC. 2833. Each sheriff shall be keeper of the public jail of his parish, and shall by all lawful means preserve the peace and apprehend all disturbers thereof, and other public offenders.

D. sec. 3541; Act 1855, p. 366.

SEC. 2834. The police juries in each and every parish of this State, Police juries to and the common council of New Orleans, shall have power to pass such regulate the police of jails. by-laws and regulations as they may deem expedient for the police and good government of the jails and public prisons in their parishes respectively.

D. sec. 2789; Act 1816, p. 24, sec. 1.

SEC, 2835. A physician shall be annually appointed by the police

jury in each and every parish, who shall attend such prisoners as are Physicians to be appointed. at the charge of the State whenever they are sick. His salary shall be fixed by the police jury.

D. sec. 2790; Act 1817, p. 206, sec. 4; Act 1852, p. 188, sec. 1.

SEC. 2836. The sheriffs, jailers, prison keepers and their deputies

be furnished

shall furnish to each and every prisoner the following per diem allow- Provisions to ance of sound and wholesome provisions, to-wit: one pound of beef, prisoners. or three-quarters of a pound of pork; one pound of wheaten bread; one pound of potatoes or one gill of rice, and at the rate of four quarts of vinegar and two quarts of salt to every one hundred rations.

D. sec. 3611; Act 1814, p. 38, sec. 2, 3; Act 1877, Ex. S., p. 110, No. 73. SEC. 3837. In addition to the nourishment allowed by law to snch Clothing to be prisoners as are confined for crimes and misdemeanors, they shall, at furnished. the beginning of the winter season, be allowed each one blanket capot, one shirt, one pair of woolen trousers and one pair of coarse shoes, and a shirt and pair of trousers of coarse linen for summer; and twelve and a-half cents per day shall further be allowed to the keeper of the jail for each and every prisoner who is sick, in order that the said sick prisoners may be taken care of as their situation may require.

D. sec. 3612; Act 1817, p. 206, sec. 3.

SEC. 2838. The sheriffs of the different parishes of the State shall Compensation for keeping be allowed fifty cents a day for the maintenance of every prisoner con- prisoners fined in the prison of the parish of which he is sheriff.

Act 1867, p. 341.

SEC. 2839. Whenever it shall be established to the satisfaction of

any judge or justice of the peace, exercising jurisdiction in any parish Prisone rs may of this State, that the jail of the parish is unsafe or unfit for the secur- be transferred to the jail of ity of the prisoners; it shall be the duty of the judge or justice of the another parish. peace to issue his writ to the sheriff or other officer of the parish, commanding him to convey any prisoner whom he may have in custody to the nearest jail in any adjoining parish, in a safe condition, the prisoner there to remain until the jail of the first mentioned parish shall be repaired until trial or until he may be discharged by due course of law; and it shall be the duty of the sheriff of the parish to which the prisoner shall be conveyed to keep the said prisoner safe and secure, and subject to all judicial orders or decrees issuing from the parish from which the prisoner may have been sent, for which the said sheriff shall receive the same compensation as is allowed by law in other cases, to be paid by the parish from whence the prisoner was sent. Act 1850, p. 86, sec. 1.

SEC. 2840. Each sheriff for conveying a prisoner to any other par

« ПредыдущаяПродолжить »