in the State paper, during thirty days, directing all persons interested to present their opposition to the original plan deposited as aforesaid with the parish recorder, which oppositions shall be referred to and be decided by the District Courts; and said original plan, when not opposed within the delay aforesaid, or when modified in the opposition filed, shall be registered by said recorder in his office, and shall be authentic evidence of the description and dimensions of said property.

1438. Testimony of Convicts.-It shall be lawful to receive the testimony of convicts for or against each other, in any suit which may occur in any of the courts of the State.

Act 29. 1886. Who are competent witnesses in criminal proceedings, printed at p. 276. See note at p. 277.

1439. Proces Verbal in New Orleans-Fires.-It shall be the duty of any one of the recorders of New Orleans, or justice of the peace, to whom application shall be made for that purpose, to visit any building where a fire may have happened, immediately after the fire shall have been extinguished, and inquire into the origin and cause of said fire, examine all witnesses whom the owner or insurers of the property destroyed may desire to have examined under oath, and make and preserve a true and correct record or proces verbal of their testimony, a copy of which record or proces verbal, certified by such recorder or justice, shall be admitted in evidence in any civil action. The party occupying or owning the property, his agent, or any one having the property in charge at the time of the fire, shall be notified by the recorder or justice of the examination.

1440. Published Statutes, etc., of Other States. The published statutes and digests of other States shall be received in the courts of this State as prima facie evidence of the statute laws of the States from which they purport to emanate.

1441 to 1444, inclusive, prohibit the introduction of parol testimony for certain purposes. See R. C. C., Art. 2278, as amended by Act 121, 1886, p. 219.

1445. Patents for Land -Certificate, etc.-From and after the passage of this act, where a patent for land, or the certificate of the register, or the receipt of the receiver, whether issued or to be issued by the officers of the State of Louisiana, or the general government, has been, or may hereafter be recorded in the office of the recorder of the parish in which the land may be situated, a copy of such record properly certified by the said parish recorder, shall be admissible in evidence in all causes pending before any of the courts of this State, in the same manner, and shall be entitled to the

same credit as the original of such instruments, or as exemplification thereof; Provided, the party proposing to use such evidence shall make affidavit that the original of such patent or certificate is not in his possession or under his control; and, provided, further, that the opposite party shall be allowed to disprove the genuineness of such original or registry, as the case may be (Act 55, 1861, 41).

1446, 1447. Proces verbal of sales at public auction to state manner of making advertisement. Proof of sale is prima facie evidence that advertisements were regularly made. See Secs. 3390, 3391.

1448. Proces verbal of succession sales, declared authentic act, where properly signed and witnessed. See Sec. 3398.

1449 to 1454, inclusive, relate to appointment of commissioners in States and territory; their powers and duties and manner of executing commissions. Force and effect of acknowledgments. See

Secs. 596 to 600.

1455. Certified Copy of Sheriff's Deed.-A copy of any sale or deed of conveyance, heretofore made and executed, or which may hereafter be made and executed by any sheriff or any other person exercising and performing the duties of sheriff in this State, certified to be a correct copy from the record by the clerk or deputy clerk of the court in whose office such sale or deed of conveyance is or may be recorded, shall be received as evidence in the same manner and have the same effect in every respect as a duly certified copy of an authentic act; and if the original of any such sale or deed of conveyance has been lost or mislaid, without the same having been recorded in the office of the parish recorder of the parish in which such sale or deed of conveyance has been made and executed, then a copy of the same, certified as aforesaid, being recorded in such office, shall have the same effect in every respect from the time the same shall be recorded as if the original had been recorded; provided, however, that the affidavit of any person interested in having such sale or deed of conveyance recorded shall be deemed sufficient to establish that the same has been lost or mislaid, and authorize the recording of the same as aforesaid (Act 337, 1855, 478).

1456. Answers to interrogatories do not exclude adverse testimony. See C. P., Art. 354.

1457. Register of titles of acts of Legislature to be kept by secretary of State. See Sec. 2169.

1458. Bills and notes, how written. See Sec. 319.

CERTIFIED COPIES OF INVENTORIES IN ORLEANS.

Act 140, 1888, p. 197.

AN ACT relative to inventories of successions in the parish of Orleans.

SECTION 1. That duly certified copies of original inventories of a succession taken in the parish of Orleans may be returned into the court having jurisdiction of the settlement of the succession, and when returned may be admitted as proof in courts of justice.

SEC. 2. That all laws or parts of laws contrary or inconsistent with the provisions of this act be and the same are hereby repealed.

See Sec. 1015 and title "Witnesses."

Acts 94, 1876, and 104, 1884, Shorthand Reporters in Civil and Criminal Dis trict Courts of Orleans, and under certain conditions for other parishes, printed under title "Judiciary Department," subtitle "Criminal and Civil District Courts for New Orleans."

Act 28, 1890, Shorthand Reporters for District Courts, printed under title "Judiciary Department," subtitle "District Courts;" and

Act 3, 1894. When testimony is taken in shorthand original may be taken to Supreme Court in appeals, printed under same title.

Act 70, 1886. Loss of stock killed or injured by railroad companies, see title "Railroads."

RECORDS OF COURTS.

Act 43, E. S. 1870, p. 98.

AN ACT to provide for using the records of the courts of this State in evidence.

SECTION 1. That whenever, during the trial of any suit or process, whether civil or criminal, before any of the district or parish courts of this State, either party may desire to offer in evidence any record, paper or document belonging to the files or records of either the district or parish court of the parish in which the trial is proceeding, the presiding judge shall, at the request of such party, direct the clerk of the district court to produce such record, document or paper, in order that the same may be used in evidence; and it shall not be necessary for the clerk in any such case to make a copy of any such record, document or paper, unless the case in which the same is offered is appealed to the Supreme Court, in which case the transcript of appeal shall be made up from the papers themselves.

SEC. 2. That whenever such records, documents or papers are offered in cases in which the testimony is taken down, the clerk shall enter upon the notes of testimony a description of the document, record or paper thus offered, with the title and number of the suit or record to which it belongs.

SEC. 3. That for each record, or suit produced, as provided in the first section of this act, the clerk shall be entitled to charge a fee of fifty cents, which shall be taxed as costs, and paid by the party (cash) [cast]; Provided, That this act shall not apply to the parish of Orleans.

EXECUTOR.

1459. Dative Testamentary Executors, When Appointed.In testamentary successions, whenever the executor named by the testator will not or can not perform the duty, or be dead or absent, the judge shall appoint one or more dative testamentary executors, as is

provided by the nine hundred and twenty-fourth article (No. 7), of the Code of Practice, and in the same manner as if the testator had omitted to name his executor (Act 250, 1855, 309).

R. C. C., Art. 1678.

1460. Non-Resident Testamentary Executors - Bond.Whenever the testamentary executor named in the will shall be present in the State, but be domiciled out of it, the judge shall only grant him the letter on the execution of his bond, with a good and solvent security for such a sum, and under such conditions as are required by law from dative testamentary executors.

R. C. C. Art. 1679, 1132; R. S. 3699.

The failure of a non-resident testamentary executor to file a bond when the order confirming him does not require it, will not, ipso facto, destitute him, where the testator, who also was a non-resident, has relieved the executor from giving security. Succession of Withers, 45 An. 563. The appointment will not be set aside collaterally; a direct action must be instituted. Id.

See Public Administrator and note, p. 3.

1461. If person named as executor fails to pay for letters testamentary he will be presumed to have declined the trust. See C. P., Art. 931.

1462. Suits against administrators, etc., may be continued against heirs by making them parties. See C. P., Art. 120.

1463. Executors, administrators, etc., must deposit money collected by them in bank. Penalty for failure to do so. R. C. C.,

Art. 1150.

1464. Executor, etc., must exhibit account when required by creditor. Proceedings, see R. C. C., Art. 1151.

1465. Must render an account at least once in every twelve months. Penalty for failure to do so. See Sec. 3697.

1466. To remain in office until estate is finally settled. May be compelled to give new or additional security. See R. C. C., Art. 1673.

1467. Representatives of successions may sell property themselves or through sheriff or auctioneer. No commissions if sale made by representative. See R. C. C. 1171.

1468. Must qualify within ten days after appointment, or at least begin inventory. Judge ex-officio may appoint another. See Sec. 3699.

1469. Legatee, heir, or surviving partner in community or in ordinary partnership may buy at sales of estates represented by them as executors. See R. C. C., Art. 1146, part 2.

1470. Tax on foreign heirs. See R. C. C. 1221 and 1222 repealed by Act 86, E. S. 1877, p. 125; re-enacted by Act 130, 1894, p. 165.

1471. Temporary absence from State of executors, etc., will not deprive them of administration, if they leave agent with general and special power of attorney which is registered. See R. C. C., Art.

1154.

1472. Judge may receive surety residing in another parish if executor, etc., appointed can not give resident surety. See R. C. C., Art. 3042.

1473, 1474. Proceedings when sureties on bond of executor wish to be released. Position vacant, and judge may appoint another, unless new bond furnished. See R. C. C., Arts. 3069, 3070. 1475. Sale of succession property or that belonging to insolvents or minors, or in which minors are interested, may be made by sheriff, auctioneer or representative of succession, or insolvent, or tutor, as court directs. See Sec. 3397.

Act 21, 1890. Executor, etc., may sell bonds and stocks at private sale. See title"Successions."

1476. No suit against surety on bond of executor until necessary steps have been taken against principal. See R. C. C., Art. 3066.

1477. Testamentary executor not bound to accept trust, or to give security when he does accept, except when succession owes debts or holds property claimed by others. Failure to furnish bond when required destitutes ipso facto. See R. C. C. 1677.

EXECUTORY PROCESS.

1478. Prohibited on Foreign Judgments.-So much of articles seven hundred and forty-six and seven hundred and forty-seven as authorizes a creditor having obtained a judgment in another State of the Union, or in a foreign country, to proceed by executory process on the judgment, is repealed (Act, 1846, Sec. 1, p. 167).

C. P., Arts. 746, 747.

Act 15, 1894. Executory Process upon property of insolvents. See title "Insolvent Laws."

Const. Arts. 155, 156.

R. C. C. 2626, et seq.

EXPROPRIATION.

1479. For Certain Purposes, Proceedings.-Whenever the State or any political corporation of the same, created for the purpose of exercising any portion of the government powers in the same, or