On an obligation payable in guilders, the value may be recovered in our money. Albert vs. Bank, 5 An. 720.

5. Accounts of merchants are prescribed in three years. See Sec. 2811.

ADMINISTRATORS.

6. Suits against Administrators, etc., may be continued against heirs by making them parties. See Sec. 3694.

7. Administrators, etc., Penalty for failure to do so.

must deposit money collected in bank. See R. C. C., Art. 1150.

8. Must exhibit an account of funds on hand, whenever required. See R. C. C., Art. 1151.

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

10. To remain in office until estate is wound up. Must furnish additional security whenever required. See Sec. 3698.

11. Must qualify within ten days after appointment, or at least begin inventory; otherwise appointment is void. See Sec. 3699.

12. The heir, or surviving partner, in community or in an ordinary partnership, may buy at sales of estates represented by them as Administrators, etc. See R. C. C., Art. 1146, part 2.

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 See R. C. C., Arts. 1221 and 1222; repealed by Act 86, E. S., 1877, p. 125; re-enacted Act 130, 1894, p. 165.

14. Administration not lost, on account of temporary absence of Administrator, etc., when an agent is appointed. See Sec. 3688.

15. When surety residing in parish other than where succession is opened may be received. See R. C. C., Art. 3042, part 2.

16. Surety may be released on allegation of principal's maladministration. See Sec. 3737.

17. On proof of maladministration surety will be released, when new bond is furnished. Unless new bond is given, another adminis trator, etc., will be appointed. R. C. C., Art. 3070.

See

18. How sales of property of successions, minors, interdicts, insolvents, and all other sales by order of court, shall be made. Sec. 3397.

19. No suit against surety until necessary steps have been taken against principal. See R. C. C., Art. 3066, part 2.

PUBLIC ADMINISTRATOR.

Act 87, 1870, p. 120.

SECTION 1. That the Governor of the State of Louisiana shall appoint a suitable person, to be known as the Public Administrator, for each and every parish in the State, whose duties and powers shall be as follows: In all intestate successions, where there is no surviving husband or wife or heir present or represented in the State, the Public Administrator of the parish shall be appointed by the judge of the proper court to administer the same. (Restricted by Act 74, E. S., 1877, p. 111, so as to apply only to parish of Orleans, in other parishes successions shall be administered as provided in Civil Code and Code of Practice.)

SEC. 2. Repealed by Act 74, E. S., 1877.

SEC. 3. That in all testate successions in the parish of Orleans, where from any cause the executor can not discharge the duties of his office, the judge shall appoint the Public Administrator of the parish dative testamentary executor, when there is no surviving husband or wife or heir present or represented in the State who is qualified to assume and who claims the right to assume the duties of the said office (as amended by Sec. 3, Act 74, E. S.. 1877).

SEC. 4. That all vacant successions shall be administered by the Public Administrator of the parish in which the deceased died, until the heirs present themselves and are recognized by the court and put in possession, and if no heirs present themselves within one year, the fund resulting from said estates shall be paid into the treasury of the State.

SEC. 5. That before entering upon the duties of his office, the said Public Administrator shall file with the Governor a bond with good and solvent security, to be by him approved, for the faithful discharge of his duties, which bond shall be for the benefit of, and may be sued upon by any party interested, upon any estate which he may administer. In the parish of Orleans said bond shall be in the sum of fifty thousand ($50,000) dollars, and in the other parishes in the sum of ten thousand ($10,000) dollars, and that this amount may be increased from time to time on the application of any creditor on showing the same to be necessary.

SEC. 6. That the Public Administrator shall hold his office for the term of four years, and until his successor shall be appointed and duly qualified.

SEC. 7. That he shall receive as compensation 2% per cent. on the inventory of estates administered by him, and 22 per cent. on all collections, and all necessary expenses in looking after and preserving the property of estates; provided, that nothing in this act shall be so construed as to interfere with or affect in any manner the management of successions now under administration by Public Administrators, or their rights therein (as amended by Sec. 4, Art. 74, E. S., 77).

SEC. 8. That in all other respects not inconsistent with this act, he shall have the same powers and duties now possessed by administrators under existing laws.

SEC. 9. That all laws on the same subject matter, inconsistent with this law, are hereby repealed.

See Act 111 of 1874, P. A. to administer upon dividends, etc., of any bank, etc., that have remained uncalled for during a period of seven years or more, printed under Sec. 742.

The Public Administrator is an officer of the State (Const., Art. 259), Wilson vs. Wiltz, 32 An. 691. He can claim only the rights conferred on him by statute (Suc. of Burnside, 34 An. 728), and he must be dealt with as Public Administrator and not as negotiorum gestor (Gale vs. O'Connor, 43 An. 722). He should not be appointed when, at the time of appointment, an heir is present or represented, though not so present at the moment of application (Suc. of White, 45 An. 632; Suc. of Smith, 40 An. 105). He can not obtain the removal of an administrator already appointed, he can only fill, not create, a vacancy (Suc. of Saloy, 44 An. 435; Suc. of Withers, 45 An. 564; 40 An. 105, supra.

ADVERTISEMENT.

20, 21, 25 to 27 (Act 8 of 1868) are repealed eo nomine by Act 49 of 1877, printed infra.

22 was superseded by Act 65 of 1874, p. 113, which in turn was repealed by the repealing clause of the act of 1877 supra.

23. Publication in Supplement. In all cases when it is required by law that orders, notices or advertisements of any kind, by any public officer, shall be inserted in public newspapers, such pubications and insertions shall be as valid when made in supplements to newspapers, as if the same had been made in the newspaper sheets (Act 91, 1855-$5, 80).

24. Title of suit to be inserted.

See Sec. 3425.

25 to 27. See note at head of this title.

Act 49 of 1877, p. 62.

Sections 1 to 14 and 19 relate to public printing, and are superseded by Act 6 E. S., 1881, p. 20 (printed under title "Public Printing "). Section 20 is the repealing clause.

SEC. 15. Orleans.-That in the parish of Orleans, where advertisements are required to be in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceeding of whatever kind, they shall be published in a daily newspaper published in the English language, and which shall so have been published as a daily paper for at least one year prior to the insertion of said advertisement or publication; said newspaper to be selected by the defendant or party charged with the conduct of the proceedings; provided, the defendant shall make the selection within three days of the service of notice of seizure or process on him; should the defendant neglect to select, the plaintiff shall have the right to do so; and should neither plaintiff nor defendant select, nor the party invested by law with the direction of the proceedings, then the sheriff. constable, clerk or other officer, as the case may be, shall select; the newspaper so selected shall publish said advertisement in a conspicuous manner, each and every advertisement to be in the column or columns and all under a prominent title in capitals, to-wit: Judicial Advertisements. Should there be no newspaper published in said parish as aforesaid, said advertisement may be posted as now provided by existing laws.

SEC. 16. Outside Orleans.-That in all parishes of the State outside the parish of Orleans, where advertisements are required to be made in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceeding of whatsoever kind, they shall be published in an English newspaper printed in the parish in which the proceedings are carried on; and if there be no newspaper published in the parish, the advertisements shall be made by posting them at or near the front door of the court house, or the place used as such, and at two other public places in different parts of the parish; provided, that as regards judicial and legal advertisements under publication when this act becomes operative, the previous sections of this act shall not affect the same, but it shall be legal to continue the advertisements in the paper in which they are being published, or in any other daily newspaper published in English in said parish for the balance of the time during which such advertisements should respectively have to be continued to complete the same according to law.

SEC. 17. Selection of Paper.-That where there are two or more newspapers published in the parish, the defendant or party invested by law with the direc

tion of the proceedings shall have the right of selecting the newspaper in which the advertisement is to be made, if applied for within three days after notice of such proceedings, or the seizure made under the process; should the defendant neglect to select, the plaintiff shall have the right to do so; and, should neither plaintiff nor defendant select, nor the party invested by law with the direction of the proceedings, the sheriff, constable, clerk or other officer charged by law with the carrying out of the proceedings, shall select.

SEC. 18. Cost of Advertisement.-That the costs of such advertisements shall not exceed in the parish of Orleans the rate of seventy cents per square, or fraction thereof, for the first insertion, and twenty-five cents for each subsequent insertion; and in the other parishes one dollar per square, or fraction thereof, for the first insertion, and fifty cents for each subsequent insertion. One square to consist of the space of one hundred words solid matter. If such newspaper refuses to publish at the rate herein specified, the advertisement shall be published in the manner above provided for in cases where there are no newspapers.

Right of selection must be exercised when notice of seizure is served, or before advertisement is made. The sheriff need not hunt litigants to ascertain their wishes. Soulier vs. Benker, 37 An. 162.

There is but a single "first insertion," all following the first are "subsequent insertions." Alternate first insertions?' are not sustained by law. Succession of Von Hoven, 48 An. 620.

PUBLICATION IN FRENCH.

Act 125, 1888, p. 186.

AN ACT to amend and re-enact Act No. 38 of the General Assembly of 1880, approved March 16, 1880, entitled An act to regulate judicial advertisements in the French language in the parish of Orleans, under the provisions of Art. 154 of the Constitution," and to place judicial advertisements in the French language on the same basis as judicial advertisements in the English language in the said parish.

SECTION 1. That Act No. 38 of the General Assembly of 1880, entitled "An act to regulate judical advertisements in the French language, in the parish of Orleans, under the provisions of Art. 154 of the Constitution, be amended and re-enacted to read as follows: That in the parish of Orleans, where advertisements are required to be made in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceeding of whatever kind: they shall be published, also, in a newspaper of good standing and of good financial basis, published in the French language, which shall have been in existence as a daily or weekly newspaper for at least one year, and which shall be published regularly as a daily newspaper at the time of the insertion of the said advertisement or publication.

The said newspaper to be selected by the defendant or party charged with the conduct of the proceedings; provided, the defendant shall make the selection within three days of the service of notice of seizure or process on him. Should the defendant neglect to select, the plaintiff shall have the right to do so, and should neither plaintiff nor defendant select, nor the party invested by law with the direction of the proceedings, then the sheriff, constable, clerk or other officer, as the case may be, shall select; the newspaper so selected, shall publish said advertisement in a conspicuous manner, each and every advertisement to be in the column or columns, and all under a prominent title, in capitals, to-wit: Judicial advertisements; should there be no newspaper published in said parish as aforesaid, said advertisements may be posted as now provided by existing laws.

SEC. 2. That said publication in the French language shall be made in precisely the same manner and for the same number of times and on the same terms as by existing laws are required or may be required thereafter for the publication of judicial advertisements in the English language.

SEC. 3. That all laws and parts of laws in conflict herewith, and on the same subject matter, be and the same are hereby repealed, and that this act shall take effect from and after its promulgation.

Act. 38 of 1880 (repealed by act supra) is constitutional. Davidson vs. Houston, 35 An. 492.

NUMBER OF INSERTIONS.

Act 104, 1878, p. 157.

AN ACT relative to judicial advertisements in the parish of Orleans.

SECTION 1. That judicial advertisements shall be made by publication in a daily paper on three different days before the expiration of the term fixed by law, if the term be of ten days; and for those advertisements for which the term of thirty days is fixed, it suffices if they are published in a daily paper once a week during that term.

SEC. 2. That all laws and parts of laws conflicting herewith, be and are hereby repealed.

Want of thirty clear days' advertisement is an informality cured by the prescription of five years. Robinson vs. Williams, 45 An. 485.

See C. P. 655, 667, 670, 968, 969, 991, 1140.

AGRICULTURE AND IMMIGRATION.

Act 141, 1894, p. 177.*

AN ACT to create a Bureau of Agriculture and Immigration; to prescribe its powers and duties; to provide for the appointment of a Commissioner of Agriculture and Immigration; to fix his salary and define his duties and powers; to provide for the expenses of the said Bureau.

SECTION 1. That the Governor be and is hereby authorized to appoint with the advice and consent of the Senate one Commissioner of Agriculture and Immigration for the State of Louisiana, who, together with the Governor of the State and the vice president of the Louisiana State University and Agricultural and Mechanical College, shall constitute a Bureau of Agriculture and Immigration, whose duty it shall be to encourage, advance and protect the agricultural interests of this State and to aid and encourage immigration thereto. The said Bureau of Agriculture and Immigration shall have all the powers and be charged with the duties of encouraging, advancing and protecting the agricultural interests of Louisiana by the introduction of improved varieties of seed, by investigations into fruit culture in Louisiana and the determination of the most suitable kinds, by investigations into the capacity and facilities of the State for the production of silk and wool, by investigations of damage to our agricultural industry, by insects and possible remedies, by investigations of the diseases of our grain crops and their remedies, by investigations into the capacity and facilities of the State for the development of the dairy interests, by investigations into the comparative cost of fencing in the State and recommendations as to its expediency, by investigations into the capacity of the State for the production of the better kinds of live stock and suggestions relative thereto, by investigations in the production of the staple crops of sugar, cotton and rice, and suggestions as to their improvement, by investigations in regard to the facilities for and advantages of irrigation in producing staple crops of the State, by the pro

*Until the passage of this act there were different commissioners and bureaus for agriculture and for immigration (Acts 41 and 56, 1880, and re-enacted by, respectively, Acts 54 and 53, 1884); Act 141, 1894, establishes one bureau, etc., for both purposes, repeals all conflicting laws (Sec. 6), and imposes on the Commissioner all the duties of the Commissioner of Agriculture and of Immigration, respectively.