3181. Inscription of Judgment Against City.-Hereafter no inscription of a judgment rendered against said city of New Orleans shall operate as a judicial mortgage against any property of the said city of New Orleans.

See Act 100, 1882. Cancellation of mortgages for back taxes, printed under title" Revenue."

See Act 111, 1880.
See Act 136, 1880.

See Act 132, 1880.

City to furnish office, etc., printed at p. 487.
Costs and Fees, printed at p. 712.

Stationery, how furnished, printed at p. 180.

See Act 36, 1890, p. 30. Shall not report on certificate; adjudication to State for levee taxes of 1880 and 1881 on real estate in Algiers.

See Act 51, 1890.

See Act 26, 1886.

Special book for recording liens, etc., printed at p. 103.
Prescribing tax mortgages and privileges, mode of cancella-

tion, printed under title "Revenue."

SEIZURES IN THE PARISHES OF ORLEANS AND JEFFERSON.

3182 to 3187. Manner of Making. On immovables. Duty of officer. Notices to defendant. Effect of records. Fees, etc. See

Secs. 3625 to 3630.

etc.

REGISTRY.

3188, 3189. All acts to affect third persons must be recorded, See R. C. C., Arts. 2264 to 2266.

Const., Arts. 105, 112.

RECUSATION.

3190, That judge or justice of the peace is a citizen or inhabitant of State or parish, or member of political and religious corporation, etc., is not ground for challenge. See C. P., Art. 338, amended by Act. 35, 1882, p. 48.

3191. In criminal cases. This section is identical with Sec. 1067, which was amended by Act 35, 1877, p. 35 (see Sec. 10 of Preface). Act 40, 1880, printed infra, repealed all laws conflicting with the act, and in State ex rel. Jones vs. Judges, 41 An. 319, was held that the act of 1877 was repealed.

3192. Where Judge is Witness.-The fourth paragraph of the three hundred and thirty-eighth article of the Code of Practice is repealed; and no judge shall be rendered incompetent to sit on trial of any cause now pending, or which may hereafter be instituted in any of the courts of this State, in consequence of his being a material witness in the case, in favor of either party; his being a witness. shall no longer be a cause of recusation (Act, 1828, Sec. 5, p. 152).

3193. In Appellate Court.-Whenever, in any case before the Supreme Court, or any other court having appellate jurisdiction, the judgment appealed from shall have been rendered, in the first instance, by any judge of the said appellate court, at a time when he was a judge of the court of original jurisdiction, it shall be the duty of said judge ex officio to recuse himself, without its being necessary that a motion be made to that effect by any of the parties (Act, 1850, p. 28).

3194, 3195. Powers of district judges and of parish judges of another parish. Where parish judge is recused. Powers of parish judges when district judge is absent or interested, etc. Parish courts abolished by Constitution.

OF DISTRICT JUDGES.

Act 40, 1880, p. 38.

Obsolete.

AN ACT providing causes of recusation of the district judges, and for the trial of recused cases in the district courts, the parish of Orleans excepted.

SECTION 1. That any judge of the district court elected, or who may hereafter be elected, under the Constitution adopted and ratified in 1879, shall be recused for either of the following causes:

First-His being interested in the cause; provided, that in all civil and criminal causes in which the State, the parishes or political or religious corporations are interested, it shall not be sufficient cause to challenge the judge, who may have cognizance of the case, to allege that he is a citizen or inhabitant of the State or of the parish, or a member of the said political or religious corporations, or that he pays any State, parish or city tax.

Second-His being related to one of the parties within the fourth degree. Third-His having been employed or consulted as advocate in the cause. Fourth-His being the father-in-law, son-in-law, or brother-in-law of one of the parties.

Fifth-His having rendered definitive judgment in the cause in any other

court.

SEC. 2. That in cases in which a district judge shall be recused, except for cause of interest, he shall, for the trial thereof, appoint a lawyer having the qualifications of a judge of the district court in which the recused case is pending, and if no lawyer having the necessary qualifications can be obtained at the term of court at which the recusation is declared, the judge (recused) shall immediately appoint some district judge of an adjoining district to try the case, who shall be notified of his appointment in the manner provided in section three of this act.

SEC. 3. That in cases in which a district judge shall be recused for cause of interest, he shall, for the trial thereof, appoint some district judge of an adjoining district, and in all such cases, and in cases where a district judge may be appointed under section two of this act, the order of the court making the appointment shall be entered on the minutes thereof, and it shall be the duty of the clerk of said court to make out a certified copy of the order from the minutes, under seal of the court, and forward the same immediately to the sheriff of the parish or residence of the judge so appointed, or of the parish where the said judge may be at the time, to be by him, the sheriff, served on said judge.

SEC. 4. That it shall be the duty of the district judge, appointed under section two or three of this act, as early as practicable, or as the requirements of his district may permit, to go to the court at which the recused case for the trial of which he shall have been appointed so pending, and there try and determine the

case.

SEC. 5. That whenever any recused case, for the trial of which a district judge has been appointed, as provided in sections two and three of this act, has not been

tried in nine months from the date of the recusation, it shall be the duty of the district judge to order the transfer of such case to the district court of the nearest parish of an adjoining district, the judge of which is competent to try the cause; and it shall be the duty of the clerk to forward all the original papers with a copy of all orders rendered, and of the minutes of all the proceedings had in the cause to the clerk of the court to which the cause is transferred, there to be proceeded with according to law.

SEC. 6. That for the trial of cases in which a district judge shall be recused, the lawyer or judge appointed under section two or three of this act, shall have and exercise the same powers as the judge (recused) may exercise in cases before his court in which no causes of recusation exist, and all orders and decrees rendered by them, or either of them, shall have the same force and effect as orders and decrees rendered by a district judge in cases where there is no cause of recusation.

SEC. 7. That the provisions of sections two, three, four, five and six of this act shall not apply to the parish of Orleans.

SEC. 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

P., Art. 338,) repeals Act 35,
An. 319.

See State ex rel. Har

Title reads "the parish of Orleans excepted." See Sec. 7 of act. This act (and Act 35, 1882, amending C. 1877, p. 35. State ex rel. Jones vs. Judges, 41 denburgh vs. Judge, 35 An 1007. A judge who has been recused has no right to take any judicial action in the case in which the recusation has been made. State vs. Judge, 39 An. 994. He must refer the motion to recuse to judge ad hoc, or to judge of next district. State vs. Judge, 37 An. 253; vs. Trimble, 38 An. 247. It is not for him to decide that the motion to recuse is not well taken (State vs. Judge, 39 An. 994); but if the motion states no ground for recusation, as fixed by C. P., Arts. 338, 340, he may set it aside as frivolous. State vs. Chantlain, 42 An. 719.

Where a judge of the Civil District Court ex proprio motu recuses himself, and the cause is allotted to another judge, the latter is without authority to review or set aside the recusation. State vs. Voorhees, 41 An. 567.

The judge alone can appoint a judge ad hoc, and if the latter dies, the judge may appoint another. State vs. Millsaps, 39 An. 793; 38 An. 727.

A judge who is assignee of a claim against an administrator is disqualified to pass on the homologation of the account. Suc. of Jan, 43 An. 924.

Relationship beyond degree mentioned by law, is not ground for recusation. 41 An. 567.

A judge is without right to recuse himself, where the parties to the cause could not recuse him. State vs. Judge, 41 An. 319.

Right to try case after nine months have elapsed since transfer, remains intact; the law is only directory. McKenzie vs. Wooley, 39 An. 944; but see 48 An. 1137.

An order for recusation can only be made in open court. 48 An. 1074.

TRANSFER OF CASE WHERE JUDGE IS RECUSED.
Act 70, 1876, p. 111.

AN ACT to provide for the transfer of suits pending in the parish or district courts of this State in which the presiding judge is recused to the parish court of an adjoining parish or to the district court of an adjoining district. SECTION 1. That in any suit now or hereafter pending in any parish or district court of this State, where the presiding judge of said court is for any cause recused, and no one having the legal qualifications can be called and procured to

act as judge ad hoc to try said cause, either the plaintiff or defendant in said suit, upon making written application stating under oath these facts, shall have the right to have said suit, with all the pleadings, papers and documents appertaining thereto, transferred to the parish court of an adjoining parish, or to the district court of an adjoining district having jurisdiction ratione materia of similar

causes.

SEC. 2. That no order of court shall be necessary to procure the transfer of any suit under this act. That the clerk of the court where such suit is pending, upon the plaintiff or defendant presenting in open court an application made in pursuance of section one of this act, shall immediately file said application and transfer said suit, with all the pleadings, papers, and documents appertaining thereto, and a certified copy of all orders, entries, and decrees made in said suit as appear in the minutes of said court, to the court to which application is made for transfer.

SEC. 3. That in all suits transferred under this act when final judgment shall be rendered the same shall be retransferred to the court in which the suit was instituted for execution.

SEC. 4. That all laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act take effect from and after its passage.

66

See Act 10, 1880, To provide for the trial of recused cases in the Court of Appeals," printed at p. 479.

INTERCHANGE OF DISTRICT JUDGES.

Act 74, 1884, p. 96.

AN ACT to provide for the interchange of District Judges throughout the State.

SECTION 1. That in addition to the provisions of law now existing for the trial of recused cases in the several District Courts of this State, the District Judges of same parish or district, or of adjoining districts, may interchange for the trial and disposition of all such recused cases.

SEC. 2. That it shall be the duty of the District Judges above mentioned to proceed to the court, at any legal term, when recused cases are pending, when required and notified as now provided, and to try and determine or make legal disposition of same.

The District Judges, when so interchanged, shall exercise all the powers necessary for the full and final determination of said recused cases.

See Act 171, 1894, orders which District Judges of adjoining districts may make in certain cases, printed at p. 489.

Act 129, E. S. 1877. Recusation of Judge in contests for office, printed at p. 381 (act is constitutional. State ex rel. Schwing vs. Fontelieu, 36 An. 1122). Act 129 E. S. 1877 is repealed by Act 40, 1880. State vs. Judge, 48 An. 1074.

REDHIBITION.

3196. Suits for, must be instituted within two months. See R. C. C., Art. 2535.

Const., Arts. 186, 187.

REGISTRATION.

3197 to 3220 are superseded by acts here noted. Act 155, 1874, p. 5 (Acts 1875), which revised previous legislation, was repealed eo nomine by Act 101, E. S. 1877, p. 168; it was superseded by Act 123, 1880, p. 158 (amended by Act 55, 1888, p. 57). The whole subject is now governed by

Act 89, 1896, p. 121.

AN ACT relative to the registration of voters throughout the State and to provide for a biennial registration thereof; to provide for an annual registration in the parish of Orleans, and to provide for the appointment of a Supervisor of Registration for said parish, and clerks of registration throughout the State; to fix their compensation; define their duties and powers; to define the duties of certain officers, and to regulate the manner and mode of registering voters throughout the State; to provide for a new registration throughout the State, the parish of Orleans included, and to provide for the appointment of special canvassers, and to prescribe penalties for the violation of this act SECTION 1. Appointment of Supervisor in Orleans—Salary.—That immediately after the promulgation of this Act, the Governor, by and with the advice and consent of the Senate shall appoint a Supervisor of Registration for the parish of Orleans, for the term of four years; he shall hold his office until the month of May in the year Nineteen Hundred, and every four years thereafter; he shall receive a salary of thirty-six hundred (3,600.00) dollars per annum payable monthly on his own warrant out of any funds in the State treasury, not otherwise appropriated; and said Supervisor of Registration for the Parish of Orleans shall be empowered to appoint a clerk, at a salary not to exceed fifteen hundred ($1500) dollars per annum, payable monthly on his own warrant, approved by the Supervisor of Registration, and out of any money in the State treasury, not otherwise appropriated; and said clerk shall discharge such duties as may be assigned to him by the Supervisor of Registration, and in the absence, sickness and disability of the Supervisor, he shall act for him. The Supervisor of Registration and his clerk, appointed under the provisions of this act shall be bona fide voters of the parish of which he or they are appointed, and shall not be eligible to any elective office, Federal, State, parochial or municipal during his term of office, and for three months after the expiration thereof, or after his resignation if he should resign.

SEC. 2. New Registration, Clerks.—That the supervisor of registration in the parish of Orleans shall make a new and complete registration of the qualified voters of said parish every year, commencing on the first day of January. He shall keep his office open all the year from ten (10) o'clock in the forenoon until three (3) o'clock in the afternoon, Sundays and legal holidays excepted; during the sixty (60) days preceding an election, the supervisor of registration, and his clerk shall keep their office open from 8 o'clock A. M. to 2 o'clock P. M., and from 4 o'clock P. M. to 7 o'clock P. M. He shall employ such number of clerks for sixty (60) days before each election, as may be necessary; provided, the number shall not be less than seventeen and no more than twenty-six; and said clerks shall be entitled to compensation at no more than three ($3) dollars per day for the time actually employed. On presenting their accounts, sworn to by themselves, and approved by the supervisor of registration to the State Auditor; and the warrants drawn by the Auditor for their compensation as aforesaid, shall be paid out of any money in the State treasury not otherwise appropriated. The supervisor of registration in the parish of Orleans shall make a revision of the registration, sixty days prior to any election, and shall close his office fifteen days prior to any election, to prepare his books and make a verification of same. The first registration under this act shall be commenced on the first day of January, 1897. SEC. 3. Books of, Delivery to Supervisors of Election.-That the books of registration in the parish of Orleans shall consist of, and be known by the following names: