said petition for one year next preceding the application, and that such person of his own free will desires to take such treatment, then such person shall be sent to an institute for the cure of inebriates for the cure of drunkenness or morphinism, provided said institution is located in the State of Louisiana, and that the managers of such institution will agree to treat such person for a sum not to exceed one hundred dollars ($100.00): And the judge of the said court shall thereupon make an order that the expense of such treatment shall be paid out of the treasury of the parish or city named in said petition, as the case may be, in the same manner that other claims against such parish or city for the administration of justice are paid.

SEC. 3. The officers of such institute for the cure of inebriates, as may be designated for the treatment of such persons,-payment for whose cure is provided by this act.-shall become sworn officers of the court committing such person to their care, and shall have authority to enforce such reasonable rules as may be necessary for the administration of proper treatment to the patient entrusted to their care, but they shall receive no fee or compensation from any parish or city other than the sum provided for and limited by Sec. 2 of this act.

SEC. 4. A drunkard, as mentioned in the foregoing sections of this act, shall be deemed to include any person who has acquired the habit of using spirituous, malt or fermented liquors, cocaine or other narcotics, to such an extent or degree as to deprive him of reasonable self-control.

INJUNCTION.

C. P., Arts. 296 to 309.

1746. Power of District Judges to grant. See Sec. 1936.

1747. Parish Judges have power in absence of District Judgesobsolete. No parish courts under Const. 1879.

1748. Sale of Specific Property-Bond.-When the sale of specific property is enjoined by the defendant or any third party, the bond shall be for an amount one-half over and above the estimated value thereof, as certified to by the officer making the seizure (Act 262, 1855, 324).

1749. By purchaser, when property seized under certain conditions. See C. P., Art. 298, No. 9.

C. P. 303, part 2.

1750 to 1752 inclusive. To stay execution of judgment on plea of payment-compensation, etc.-amount of bond. See C. P., Art. 298, No. 10.

1753. Bond to be Furnished Before Writ Issues.-It shall be the duty of the several clerks of the District Courts, before they issue any writ of injunction, to take from the party requiring the same a bond, with one or more good securities, in the amount fixed by the judge granting the order, conditioned as the law requires.

1754. On trial of injunctions, surety treated as party plaintiff, and not entitled to plea of discussion. See C. P., Art. 304.

1755. Third person enjoining execution, and his surety, subject to same responsibilities, etc., as parties to suit. See C. P. 304. 1756. Courts prohibited from enjoining seizure and sale of property by tax collector. Governed by later revenue acts.

1757 to 1758. Concurrent and exclusive jurisdiction of Third District Court in parish of Orleans. Court abolished by Const. 1879. 1759. Repeal of Certain Provisions in C. P., Art. 304.-So much of the article three hundred and four as makes it the duty of the judge to take security in cases of injunctions, or in any other case in which judges are required to take securities in cases of injunctions, is repealed.

BONDING INJUNCTION.
Act 109, 1880. p. 137.

AN ACT allowing plaintiffs in injunction and third opponents to bond the property seized in certain cases.

SECTION 1. That the plaintiff in injunction claiming the property or the third opponent claiming the property, whatever be the writ or process under which the property was seized, may, after the expiration of ten days from the filing of the petition of injunction or third opposition, have the property released to him, on condition that he shall execute his bond in favor of the sheriff for the benefit of all persons interested, in solido, with one or more good and sufficient sureties, domiciliated in the parish, for an amount one-half over and above the value of the property, conditioned that the principal in the bond shall faithfully deliver the property or pay the amount of the bond whenever lawfully called upon so to do; which said bond shall be filed in the office from which the writ issued, within ten days after the date thereof, and upon a forfeiture of said bond, which fact shall be made to appear by the certificate of the officer charged with the execution of the writ; the same shall have effect as a twelve months' bond, and execution shall issue thereon on application of the person or persons interested against all the parties to said bond; provided, nothing in this act shall be construed as interfering with the rights of other persons who may have bonded the property, according to law, prior to the filing of the petition of injunction or third opposition, nor with the rights of other persons to bond said property according to law.

SEC. 2. That upon the depositing of the forthcoming bond in the clerk's office the sheriff shall give notice in writing to the other parties to the proceedings, or to their attorneys, and within twenty days after the service of such notice the plaintiff and defendant, or either of them, may except to the surety accepted by the sheriff, as being insolvent and insufficient, by suing out a rule in open court or in chambers, calling on the sheriff to show cause, ten days after being notified of the same, why he and his sureties should not be made liable personally to the party or parties suing out the rule for the debt, in the same manner as the security received by said sheriff would have been had he proved good and sufficient. Those proceedings shall be had before the court having jurisdiction of the writ under which the seizure may have been made.

C. P., Art. 307.

The dissolution of the writ on filing bond, authorizes the performance of the act sought to be prohibited, during the pendency of the suit, subject to liability on the bond. State vs. Duffell, 41 An. 516. An injunction to restrain a police jury from building a jail will be dissolved on bond, the apprehended injury being compensable in money. Lattier vs. Abney, 43 An. 1016. The dissolution of the writ on bond is largely within the discretion of the court of the first instance, and the

mere allegation of irreparable injury will not deprive the court of discretion. A temporary suspension of the sale of property is not an irreparable injury. Cameron vs. Godchaux, 48 An. 1347. And mandamus will not issue to compel issuance unless prima facie right is shown. Cune vs. Judge, 43 An. 1133.

An injunction will not issue to restrain the execution of a criminal statute. State ex rel. City, etc. vs. Judge, 48 An. 1148; Lecourt vs. Gaster, 49 An. 487; and see Arthurs vs. Sheriff, 43 An. 1133.

An injunction which does not order the closing up of defendant's business, but merely restrains him from so conducting it as to make it a nuisance to plaintiff and his family, will not be dissolved on bond. State ex rel. Violett vs. Judge, 46 An. 78.

Act 65, 1884. State need not give bond, printed at p. 34.

INSANE ASYLUM.

1760. Establishment.-There shall be established in the town. of Jackson, parish of East Feliciana, an asylum for the insane, to be called the "Insane Asylum of the State of Louisiana" (Act 327, 1855, 453).

1761. Board of Administrators, etc.-The Governor of the State shall, by and with the advice and consent of the Senate, appoint eight persons, who shall constitute a board of administrators of the State Hospital for the Insane, one of whom shall be elected president by the members of the board. The board shall remain in office four years, and they shall continue to exercise the duties of their offices until their successors are qualified. Members to compose the board

shall be selected as follows:

"Two from the parish of West Feliciana.
"Two from the parish of East Feliciana.

"And four from the State at large.

"The members selected from the parishes of East and West Feliciana shall constitute the execntive committee, and shall visit the institution at frequent stated intervals, not less than monthly, and report its condition and management to the president of the board (as amended by Act 10, E. S. 1875, Sec. 1, p. 109).

SEC. 2 (Act 10, E. S. 1875). That the executive committee shall meet at the asylum on the first Monday of every month, or as often as the president may deem necessary, or the condition of the institution may require, and the whole board shall meet not less than four times a year. Sections 1761, 1762, 1764 (based on Secs. 2, 3, 5, Act 327, 1855), were amended by Act 50, 1874, p. 89, which, however, did not refer to the sections of the R. S., but to Act 327, 1855. Act 10, E. S. 1875, above given, amended Act 327, 1855, Sec. 20; and Act 50, 1874, without referring to the R. S. Act 147, 1890, infra this title changed some of the provisions of the previous acts, but containing no repealing clause, left some in force.

1762. Quorum, etc.-The president and any three of the members shall form a quorum, and in the absence of the president any four of said members shall choose one from among themselves to act as president pro tem., and the board shall meet as often as the president may deem necessary or the condition of the institution may require. Vacancies in the board shall be filled in the same manner as herein before prescribed (as amended by Act 50, 1874, Sec. 2, p. 89).

See note to Sec. 1761.

1763. Powers of Board.-The board shall have power to make all rules and regulations for their own government, not contrary to law; to make all necessary contracts; Provided, however, That no member of said board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and impleaded, in all actions appertaining to the asylum (Act 227, 1861, 217).

1764. Superintendent, Election, Duties.-The board shall elect the superintendent, who shall be the chief physician and the executive officer of the institution, and shall with his family reside on the premises, and is forbidden to practice his profession beyond its limits. He shall serve during good behavior, and can be removed only by the board of administrators for cause. The superintendent shall name to the board suitable persons to act as assistant physician or physicians, where more than one is required; steward and matron, who shall be removed by the board on the recommendation of the superintendent. The salaries of all the above mentioned officers shall be determined by the board (as amended by Act 50, 1874, Sec. 3, p. 89).

See note to Sec. 1761.

Act 147, 1890, p. 187.

AN ACT to provide for the appointment of the Board of Administrators of the Insane Asylum of the State of Louisiana.

SECTION 1. That the Governor of the State shall, by and with the advice and consent of the Senate, appoint eight persons who shall constitute a Board of Administrators of the Insane Asylum of the State of Louisiana, whose term of office shall be four years and until their successors are qualified.

Members of said board shall be selected as follows: Two from the parish of West Feliciana, two from the parish of East Feliciana and four from the State at large. The term of office of the members of the first board appointed under this act shall be as follows: Two shall be appointed for the term of one year, and shall be chosen from among the members of the board now in office; two shall be appointed for the term of two years; two shall be appointed for the term of three years, and two for the term of four years.

SEC. 2. That this act shall take effect at the expiration of the term of the Board now in office.

Act. 9, 1877, Administrators of State charitable institutions shall not be interested in contracts, printed at p. 87.

1765. Visiting Committee, Report of Board.-At every regular meeting, the board shall appoint two of its members, whose duty it shall be to visit said asylum at least once a week, for the purpose of ascertaining the manner in which the regulations are complied with, and at each monthly meeting to report the condition of the asylum.

The board shall furnish the Legislature, on the second Monday of each session, a detailed statement of the annual receipts and expenditure of said asylum; a statement of the names of the insane persons in the asylum; of the number and names of those admitted; of those deceased, and of those cured and discharged during the current year (Act 327, 1855, 453).

1766. Treasurer, Bond.-The board shall elect annually a treasurer, who shall be ex officio secretary, and who shall not be a member of the board, and who shall give bond and security for the faithful performance of his duty, to be approved by the majority of said board. It shall be his duty to collect all debts due to said asylum; to receive quarterly upon the warrant of the president, whatever appropriations may be made by the State for its benefit; to take care and keep an exact account of the property, credit and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the board. Said treasurer and secretary, elected by the board, shall receive, as an annual salary for his services, the sum of six hundred dollars paid quarterly on the warrant of the president, out of the funds annually appropriated by the State (Act 272, 1861, 217).

Administrators vs. McKowen et al., 48 An. 251.

1767. Vacancies in Board. The seat of any member who shall absent himself without sufficient cause from the regular meetings, shall be vacated by a majority of said board, and the vacancy shall be immediately filled in the manner heretofore provided for. In the absence of the president, a majority of the members shall have power to call a meeting of the board whenever the necessities of the asylum may require it (Act 327, 1855, 453).

1768. Proceedings for Admission of Insane Persons.-Whenever it shall be made known to the judge of the District or Parish Court by the petition and oath of any individual that any lunatic or insane person within his district ought to be sent to or confined in the Insane Asylum of this State, it shall be the duty of the said district or parish judge to issue a warrant to bring before him, in chambers, said lunatic or insane person, and after proper inquiry into all the facts and circumstances of the case:

If, in his opinion, he ought to be sent to or confined in said In