or canal, as the case may be, provided that work thereon be begun within one year from date of permit, otherwise all rights shall be forfeited.

SEC. 4. That all laws or parts of laws contrary to or inconsistent herewith, be, and the same are hereby repealed.

See Act 38, 1878, authorizing judges in certain cases to sentence certain convicts to work on roads, etc., printed at p 668.

BICYCLES, ETC., RIGHT TO ROAD.

Act 13, 1890, p. 10.

AN ACT granting to bicycles, tricycles and all other vehicles propelled by hand or foot the same rights upon the public highways of this State as are prescribed by law in cases of persons using carriages drawn by horses.

SECTION 1. That bicycles, tricycles and all other vehicles propelled by hand or foot, and all persons by whom bicycles, tricycles and such other vehicles are used, ridden or propelled upon the public highways of this State, shall be entitled to the same rights and subject to the same restrictions, in the use thereof as are prescribed by law in the cases of persons using carriages drawn by horses.

SEC. 2. That all acts inconsistent herewith be and the same are hereby repealed.

SALES.

3390. Proces Verbal, Recitals.-In all auction sales made by sheriffs, auctioneers, or others authorized to sell at public auction, which are required by law to be preceded by advertisement, it shall be the duty of the officer making the sale, in his proces verbal or act of sale, to state the manner, time and place of making such advertisements; which statement, when so made, shall be proof of the manner, time and place of making the advertisement (Act 89, 1855, 76).

3391. Sale as Evidence of Advertisment, etc. When any question shall arise out of any public sale, made by any person authorized to sell at public auction, and which sale was required by law to be preceded by advertisements, the sale being proved, it shall be prima facie evidence that the legal advertisements were regularly made.

If any person authorized by law to sell at public auction shall fail to advertise as required by law, he shall be personally liable for all damages which may result therefrom.

3392. All informalities prescribed in five years. See Sec. 2809. 3393. Adjudication to Highest Bidder, etc.-All property, real and personal, sold at auction, shall in all cases be struck off to the highest bidder, except such as may be limited, which shall be announced by the auctioneer before the bidding commences; and

when the owner or any person employed by him, shall be such bidder, he shall be subject to the same duties as if struck off to any other person.

3394. In New Orleans, must be made in daytime. Exceptions. This section is like Sec. 170, which was amended by Act 116, 1882. See Sec. 170.

3395. Certificates of Mortgages to Be Made.-It shall not be lawful for any auctioneer, or person acting as such, to sell any real estate, without first producing and reading a certificate of mortgage, showing the mortgages and incumbrances recorded against the property offered, under a penalty of five hundred dollars for each offense to be recovered by the purchaser.

3396. Judicial Sales, by Whom Made.-All judicial sales throughout the State, made in pursuance of any order, judgment or decree of any court of this State, (except that of justices of the peace), shall be made by the sheriff of the parish where such sale is made, except in the cases hereinafter provided.

3397. Of Successions, etc., by Whom Made.-All sales of property of succession, of property belonging to minors or in which minors are interested, of property of interdicted persons and property surrendered, and all sales made pursuant to an order or decree of any court of this State, may be made either by the sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of the succession, the tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curators of interdicted persons, and the syndic of the insolvent, as the case may be (Act 13, E. S. 1865, 20). See Act 40, E. S. 1877. Transfer of stocks, printed under title "Successions." 3398. Proces verbal of sale of succession property is declared an authentic act. See R. C. C. 2234, part 2.

3399. When Sales Are Made on Credit.-The sheriff, or other person making sales of succession property on credit terms, shall be authorized to receive for the price the notes of the purchasers, and identify them by description in the adjudication. The security on the notes shall in all cases be approved by the vendor or the party representing him.

3400. Executors, etc., may purchase at succession sale, etc., when he is surviving partner in community, etc. See R. C. C. 1146, part 2.

3401. Recording, etc., When Sale is on Credit. On the

registering of such proces verbal of sales in the office of the recorder or register of conveyances of the parish where the property so adjudicated may be situated, the recorder or register shall be authorized to identify with the sales, the notes or bonds received, as above stated, by his paraph, in order that he may cancel the mortgage when they shall have been paid (Act 89, 1855, 76).

3402. St. Bernard, Plaquemines, Jefferson-Sales, Where Made. In all cases where judicial sales of property are required to be made in the parishes of St. Bernard, Plaquemines and Jefferson, it shall be lawful to cry and adjudicate the property in the city of New Orleans, if thereto requested by the party at whose instance the order of sale was issued; and in case of sales under writs, if thereto requested by all parties interested.

See Act 95, 1894. Where judicial sales shall be made, printed under Sec. 3410. 3403. Land Situate in Two or More Parishes.-Whenever a sheriff shall seize, under process from any court of justice, any tract of land situate in part in two or more parishes, it shall be lawful for him to execute the process upon the whole tract; in such cases the sheriff shall give the legal notices of the sale in each of the parishes into which it may extend. The deed of sale shall be recorded in each of the parishes (Act 277, 1855, 337).

3404. Tax on auction sales of bonds and stocks, etc. See Sec. 161. 3405. In Orleans Sheriff to Record Judicial Sales.-It shall be the duty of said sheriffs to cause to be recorded in the conveyance office in the city of New Orleans all judicial sales of real property made by them, besides having said sales recorded in the clerk's offices, as is now required by law (Act, 1841, 17).

3406. Constables' sales (Orleans excepted), how and when made. See C. P., Art. 1143.

See Act 95, 1894. Where judicial sales shall be made, printed under Sec. 3410. 3407. Form of Writs of Fieri Facias.-Writs of execution or of fieri facias shall be in the following form:

vs. No.

STATE OF LOUISIANA,

Court,
Parish of

THE STATE OF LOUISIANA.

To the Sheriff of the Parish of We command you, that by seizure and and personal, rights and credits of by law, you cause to be made the sum of debt, with interest thereon from the paid, at the rate of

sale of the property, real in the manner prescribed

dollars and

day of

cents, 18....., until

per centum per annum; and also the sum

of

dollars and ..... cents, costs, as well as your own costs and charges, to satisfy a judgment lately rendered against the said in our court for the parish of in favor of the said

And how you shall have executed this writ you make return to our said court in seventy days, as the law directs.

of

Witness, the Honorable Judge of the said court, this
in the year of our Lord 18..... (Act 337, 1855, 477).

day

Clerk of said Court.

3408. Return of Writs.-All writs of fieri facias issued by the clerks of the several courts throughout this State, shall be made returnable by them in not less than thirty, nor more than seventy days. It shall be the duty of each of the sheriffs of the different parishes in this State to return all writs directed to them to the clerk's office from which they issued on or before the return day mentioned therein, and also to pay over any moneys received thereon to the party entitled to the same, or his attorney; and in default of any of the duties imposed on him in this section, he shall become liable to the party entitled to the benefit of the writ, for the full amount specified therein, which shall be recovered, on motion, before the district or parish court in the parish in which the said sheriff acts and resides, after ten days' notice.

C. P., Art. 642, 700 et seq.

Where the sale is enjoined and the writ is returned into court, the sheriff may proceed under the original writ when the injunction is dissolved; an alias writ is not necessary. Stackhouse vs. Zuntz, 41 An. 415.

3409. Properly certified copy-as evidence-has same effect as authentic act; it may be recorded if original is lost, and affidavit of interested person is sufficient to establish loss. See C. P., Art. 698, part 2.

3410. Where and When Sales May Be Made.-Hereafter all sheriffs' and coroners' sales shall be advertised to take place at the court house, or at some other public place in the vicinity of said court house, on any Saturday in the month, commencing at 11 o'clock A. M., after the expiration of the time required by law for advertisement of such sales, and the said sheriff or coroner shall have the right to adjourn said sale to the Monday following, and then from day to day, only in case there shall not be time to conclude the same in one day; provided, however, nothing contained herein shall deprive the defendant of the privilege now enjoyed by him of having his property when it is under seizure, offered for sale at his domicile, upon his giving notice to the proper officer within three days after notice of seizure (as amended by Act 146, 1888, p. 206).

Act 95, 1894, p. 129.

AN ACT regarding the place where judicial sales may be made.

That in all cases where judicial sales have been advertised under order of Court, whether by Sheriff, Constable, Auctioneer, or any other officer, at a particular place; and where by destruction of the place, whether by fire or any other cause or otherwise, it becomes impossible to make the sale as advertised, that the sale may be advertised to be made in front of the Court House of the Parish; and this may be done without commencing the advertisement anew, but by simply changing it in the insertion next after the fire or other circumstances which requires the change; provided, that if the change should be necessitated within less than a week before the date of the sale, as advertised, that then same shall not be made for one week after the original date, and the advertisement shall be changed accordingly.

SEC. 2. That before advertising the change of place of sale, the Sheriff, Constable, Auctioneer or other officer shall notify the parties to the suit of the place at which the sale shall be made, and of the time when the first advertisement announcing the change shall be published, and in what paper, said notice to be served upon the parties or upon their attorneys of record; and provided, that when instructed in writing by all parties to the proceeding, so to do, the sheriff shall re-advertise the property de nove.

3411. Right to Bond Seizure. The defendant in execution, whose property has been seized, shall have the right to retain such property in his own possession from the time of such seizure until the day of sale, on condition that said defendant shall execute his bond in favor of the plaintiff in execution, in solido, with one or more good and sufficient securities domiciliated in the parish, for an amount one-half over and above the estimated value of the property seized, conditioned for the faithful delivery of the property at the time of sale, which 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 plaintiff or his attorney, against all the parties to said bond.

This, and the preceding section, shall not apply to the parish of Orleans (Act 337, 1855, 478).

3412. Notice to Pay Not Necessary Before Execution.-In no case hereafter shall it be necessary for the sheriff to give notice to the defendant to pay the money on an execution before proceeding to levy by virtue of the same.

C. P., Art. 643.

3413. Return of Writs on Day Named. It shall be the duty of sheriffs, coroners, when acting as sheriffs, and constables, to return all writs of fieri facias, to them or any of them directed, on the return days named in said writs, and if any sheriff, coroner or constable shall fail to make due return of such writ, on the return day thereof, such officer and his official sureties shall be held liable to pay to any party the damages sustained in consequence of such failure (Act 109, 1855, 253).