have, within two months next before, advertised any deserter from their vessels, until the expiration of which twelve hours, the master of any vessel to whom such seaman may apply to be shipped is authorized to detain him on board his vessel, to the end that he may be reclaimed if he is a deserter; but if such seaman be not so reclaimed, it shall then be lawful to engage him without producing any such certificate. And if any master of a vessel shall ship any seaman contrary to the provisions of this section he shall forfeit fifty dollars, to be recovered by any person who will sue for the same. 3479. Proceedings, Where Discharge Refused.-The justice of the peace, on the verbal complaint of any person that he is entitled to receive his discharge, and that the same is denied by the master of the vessel to which he belonged, shall issue a citation, directed to the master, commanding him to appear before him, to show cause why such certificate should not be granted. The justice shall examine, in a summary way, into the circumstances of the case, and if he finds that the seaman is entitled to his discharge, he shall give judgment to that effect; and if the discharge has been previously demanded and refused, he shall add to the judgment an order that the defendant pay to the complainant ten dollars for his damages, and pay the costs of the proceedings; and a copy of so much of the judgment as orders the discharge shall be given to the complainant, which shall have all the effects of a legal discharge. 3480. Harboring Deserters. If the keeper of any tavern, lodging, or boarding house, shall knowingly receive, harbor, or lodge or conceal any deserter from any merchant vessel, he shall, on conviction, pay a fine of one hundred dollars, or be imprisoned not exceeding thirty days (Act 120, 1855, 145). See Sec. 939. 3481 to 3490. Causing desertion, arrest of offenders, summoning witnesses, trial, right to counsel, harboring seamen who have signed shipping articles, search warrant, copy of articles as evidence, interference, intimidation, etc. See Secs. 934 to 941, 944, 945. 3491. Detaining Seamen's Baggage, etc.-No keeper of a public or lodging house for seamen in this State shall withhold or detain any chest, bed or bedding, clothes or tools, or other effects of any seamen, for any debt alleged to be due by the seaman; and, on examination, any magistrate may, by warrant, cause the detained property to be seized and delivered to the seaman. 3492. Amount of Recovery Against Seamen, etc.-No keeper of a public or lodging house for seamen in this State shall, at any time recover from a seaman any debt exceeding one dollar, and no other person shall be entitled to recover from any seaman a debt exceeding one dollar, after he has signed articles to proceed to sea until the voyage for which he shipped is ended. See title "Harbormaster," p. 411. See Act 73, 1874. Employment of sailors on levee, printed under title "Steamboats, Vessels and other Water Craft." SECRETARY OF STATE. CONSTITUTIONAL PROVISIONS. Art. 58. Member of Executive Department. Art. 59. To receive election returns. Arts. 76, 77, 265. Election. Term of office. Fees. Art. 78. Clerical expenses. Art. 79. To countersign commissions. Art. 196. Liability to impeachment. Art. 262. To compile votes on Constitutional amendments. Art. 264. To enter upon discharge of his duties. 3493. To number all legislative acts; keep a register of them; delivery to State Printer, etc. See Sec. 2169. 3494 to 3503. Appointment of State Librarian, bond, duties, inventory of books, catalogues, rules of library; duty to attend every day; Librarian may make exchanges; duties and responsibilities of Secretary of State, etc. See Secs. 2180 to 2183, 2185, 2186, 2189, 2191, 2192. 3473. 3504 to 3506. Public seal, keeper, fees, etc. See Secs. 3471 to 3507 to 3512. To procure certain books; distribution, preservation; marking and recording; exchange with other governments; disposition of books not distributed, etc. See Secs. 2193 to 2198. 3513, 3514. Certain books to be stereotyped; sale of books. See Secs. 3002, 3003. 3515. Oath of eligibility to be filed by persons with Secretary of State within thirty days of election or appointment, etc. Repealed, Act 19, 1878, printed under title "Office." 3516. Failure to deposit oath of eligibility nullifies official acts, etc. See Sec. 2591. 3517, 3518. All officers to take Constitutional oath, etc. See Secs. 2550, 2551. 3519. To keep register of legislative acts; evidence of publication, etc. See Sec. 2169. 3520. Authorized to Administer Oath.-The Secretary of State of the State of Louisiana is hereby authorized and empowered to administer oaths in all cases where it is legal to do so under the laws of this State (Act 45, 1868, 53). 3521. Oath of office of commissioners of Metropolitan Police. Repealed. 3522 to 3524. Assistant Secretary of State and page; compensation of Assistant Secretary and page. See Act 26, 1877, p. 28; Act 7, 1878, p. 33; Act 11, E. S. 1878, p. 243; and Const. Art. 78. As to Assistant Secretary, see State vs. Clark, 45 An. 1412. 3525. Copying Legislative Acts, No Compensation.-The Secretary of State shall not receive extra compensation for the copying of the laws passed by the Legislature. 3526. To compile election returns. See Sec. 1394. See title "Election." Duties of Secretary of State are purely ministerial. State ex rel. Hootsel vs. Secretary of State, 44 An. 1067, and see State ex rel. Barbin vs. Secretary, 32 An. 584. The power granted him to accept the bonds of guaranty companies, and issue certificates based thereon, is purely ministerial, and his signature, admitted without objection, proved the signature on the surety bond. Holmes vs. Coal, etc. Co., 49 An. 1465. 3527, 3528. Compilation of returns. See Secs. 1402, 1403. 3531, 3532. State printer to deliver printed copies of Journal of Legislature; distribution; compensation to printer. See Secs. 2993, 2994. DISTRIBUTION OF PRINTED ACTS, ETC. AN ACT to authorize the Secretary of State to forward to each clerk of each District Court in the State a copy of the Acts of each session of the General Assembly, bound in leather. SECTION 1. That the Secretary of State shall forward to each clerk of each District Court in the State a copy of the Acts of each session of the General Assembly, bound in leather, beginning with the Acts of the session of 1886. SEC. 2. That payment for the binding in leather of a sufficient number of copies of the Acts of each session of the General Assembly, to carry out the requirements of the first section of this act, shall be made out of the appropriation for the State printing. SEC. 3. That all laws or parts of laws in conflict herewith are hereby repealed. SEQUESTRATION. 3533, 3534. Writ may be obtained whenever there exists lien, or where there is fear that party will conceal, etc. See C. P., Art. 275, Secs. 7 and 8. 3535. Plaintiff may bond. See C. P., Art. 279, part 2. See Act 51, 1876. Intervenor may bond, printed at p. 25. 3536. Sequestration, etc., may issue before filing of petition. See C. P., Art. 237, amended by Act 14, 1880, p. 20. See Act 65, 1884. nies, printed at p. 467. State need not give bond, printed at p. 34. Bond may be signed by certain guaranty insurance compa See Sec. 1114. Legal holidays, but conservatory writs may issue. C. P. 207, amended by Act 98, 1890, p. 115. SHERIFF. CONSTITUTIONAL PROVISIONS. Art. 118. Election; term of office, etc. Arts. 139, 142. In parish of Orleans. Arts. 106, 264. Duties, etc. 3537. Election. Superseded by Const., Arts. 118, 139, 147. 3538. Bond. Superseded as to Orleans by Const., Art. 142, and outside Orleans by Act 52, 1880, p. 50. AN ACT relative to sheriffs, ex-officio tax collectors, and to the bonds to be furnished by them (the parish of Orleans excepted). SECTION 1. That the sheriffs of the several parishes of the State (the parish of Orleans excepted) shall be ex-officio collectors of State and parish taxes, under such rules and regulations as may be provided by State or parochial laws. SEC. 2. That in all the parishes of the State (the parish of Orleans excepted) the sheriff shall give bond in the sum of six thousand dollars, with at least two good and solvent sureties, with the following conditions to-wit: " Condition of the above obligation is such, that whereas, the above bound A. B. has been elected or appointed sheriff of the parish of -; now, if the said A. B. shall well and faithfully execute and make true returns, according to law, of all such writs, orders and process as shall come into his hands as sheriff aforesaid to the person entitled by law to the same, and shall faithfully do and perform all such other duties as may be required of him by law, then the above obligation to be null and void, otherwise to remain in full force and virtue." SEC. 3. That as ex-officio tax collectors of State and parish taxes the sheriffs of the several parishes of the State (the parish of Orleans excepted) shall each, before commencing the discharge of their duties, give bond, with at least two good and solvent sureties, for their term of office, in a sum which shall be one thousand dollars over the full amount of the State and parish taxes levied, according to the last filed assessment roll of the parish; provided, that in no parish shall the bond exceed twenty thousand dollars. Said bonds to be given by ex-officio tax collectors of State and parish taxes shall be conditioned for the faithful performance of their duty in said capacity, and for the just and full pay ment into the State and parish treasuries of all sums of money that may come into their possession as tax collectors aforesaid. SEC. 4. That the sureties on all bonds given by sheriffs and ex-officio collectors of State and parish taxes (the parish of Orleans excepted) shall reside within the parish wherein such officers shall exercise the functions of their office; and each of said sureties shall make oath that he has property over and above his liabilities and exemptions and homestead, sufficient to respond to the amount for which he obligates himself in said bond. Said bonds shall be approved and accepted by the president of the police jury and the clerk of the district court of the parish, if they deem the same good and sufficient, and shall be authenticated by the attestation of two witnesses and the signature of the clerk of the district court of the parish, and shall also be recorded in a separate book to be kept for that purpose, and be also registered in the mortgage records of the several parishes where the principal obligor may own immovables. The bonds, when so registered, shall operate from and after the date of the registry, as a mortgage on all the real estate of the principal obligors therein, in favor of the State, parish and all persons interested. Said bonds shall be made payable to the Governor of the State of Louisiana. Before any sheriff and ex-officio collector of State and parishes taxes shall commence the discharge of his duties, or be recognized, he shall make affidavit and have the same recorded in the mortgage records of the parish in which he is to discharge his official functions, that he has caused his official bonds aforesaid to be recorded, as above provided, in all the parishes of the State in which he owns immovables, and he shall transmit to the Auditor of Public Accounts duly authenticated copies of said bonds, with due certificates of their registry and also a duplicate of said affidavit. SEC. 5. That the sheriffs and ex-officio collectors of State and parish taxes throughout the State (the parish of Orleans excepted) shall give bond and security, in accordance with the provisions of this act, within thirty days from the promulgation thereof, in default of which the office shall be vacant ipso facto, and the Governor shall appoint for the remainder of the term. SEC. 6. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed. The sheriff must take the same care of property seized by him, as a careful, prudent man would of his own. McKay vs. Scott; Lambeth vs. Joffrion, 41 An. 749. He can not cultivate a plantation held by him under writs of attachment at the expense and risk of the attaching creditor. American Nat. Bank vs. Childs, 49 An. 1359. He is not liable for acts done by direction of a court of competent jurisdiction. Crow vs. Manning, 45 An. 1221. Where a deputy sheriff designedly executes a second writ of attachment, before executing the writ first issued, and so causes the first attaching creditor to lose his claim, the sheriff is liable in damages in the amount the creditor would have recovered, had the officer done his duty. Grabenheimer vs. Budd, 40 An. 107. See State vs. Budd, 39 An. 232. Liability and duty of sheriff as tax collector, 40 An. 234. State vs. Waggoner, 42 An. 54; State vs. Reid, 45 An. 162; State ex rel. District Attorney vs. Sheriff, 47 An. 278. Removal from office. State ex rel. District Attorney vs. Bourgeois, 45 An. 1350. 3539. Suits on Bond, How Instituted. The bond may be put in suit against the sheriff and his securities, when in behalf of the State, by the Attorney General, or district attorney of the district, in the name of the Governor for the time being, for the use of the State; and in all other cases in the name, for the use, and at the request of the party injured. The bond shall not become void by a first or any other recovery, but may be put in suit and recoveries had, as often as any breach of the conditions thereof shall happen; Provided, The securities shall not be liable for more than the penalty of the bond (Act 301, 1855, 366). 3540. Acting Without Qualifying.-Any person who shall presume to act as sheriff before he shall have qualified according to law, shall forfeit and pay five hundred dollars. Should any sheriff or collector of taxes, after receiving his commission from the Governor, |