provide by law for the interest upon all State bonds and to create one fund alone.

3822. Repeal of Certain Laws.-All laws or parts of laws levying a tax for the purpose of meeting the interest on the bonds of the State, and all laws or parts of laws upon the same subject matter, except what is contained in the act entitled An Act to provide means for the construction of levees by the issue of bonds of the State for four millions of dollars, and to provide for the redemption of said bonds, approved March twenty-sixth, eighteen hundred and sixtyseven, be and the same are hereby repealed.

See title "State Debt," at p. 884.

TUTOR.

3823, 8824. Persons bound as apprentices, etc., shall serve out the time stipulated. Minors may bound by their tutors. See Secs. 70, 71.

3825. Legal tutorship, to whom given. See R. C. C., Art. 267. 3826. Tutors shall pay legal instead highest conventional rate. See R. C. C., Art. 347.

2348.

3827. Curator ad bona or ad litem not to be appointed. See Sec.

3828. Tutors, etc., absenting themselves temporarily, do not lose administration, but must execute and register general and special powers of attorney. See R. C. C., Art. 1154.

3829. Emancipation of minors, consent of tutor, proceedings when he refuses to consent. See R. C. C., Art. 385.

3830. Tutor to pay expenses of unsuccessful application for emancipation. See R. C. C., Art. 388.

3831. Consent of tutor necessary to adoption. Judge may appoint tutor ad hoc where "child" is without tutor. See Sec. 2325. 3832. Administration of successions of non-residents. See R. C. C., Art. 1220.

3833. Security which heirs must give, when obtaining property which is in suit. See R. C. C., Art. 1012.

3834. Court in which succession was opened has exclusive cognizance of all suits on bonds of sureties, etc. See Sec. 3679.

3835. Where no one will accept tutorship, judge may appoint on advice of family meeting. Tutor so appointed, dispensed from giving security. See R. C. C., Art. 271.

3836. Executor, etc., may purchase at succession sale, when he is surviving partner in community, etc. See R. C. C., Art. 1146.

3837. Sale of property to pay debts. See C. P., Art. 990.

See Act 21, 1890. Bonds, etc., may be sold at private sale. Printed at p. 894.

3838, 3839. Non-resident tutors may obtain possession of rights and credits of minors in the State, but property must not be moved until debts are paid. See R. C. C., Arts. 363, 364.

3840. Special mortgage which surviving parent may give, other property thereby released. See R. C. C., Art. 325.

3841. Special mortgage may be given by parent, where property is adjudicated under R. C. C., Art. 338. See R. C. C. 344.

3842. Manner of changing special mortgages from one, to another piece of property. See R. C. C., Arts. 326, 327.

3843. Special mortgages, how given; family meeting; certificate of Recorder of Mortgages, etc. See R. C. C. 277, 328.

3844 to 3848. All costs connected with giving special mortgage to be paid by applicant; officers before whom family meetings are held for certain purposes to read certain provisions of law to it; penalty for neglect; duty of judge in the premises; grandparents may also give special mortgage; manner of proceeding when some of the heirs become of age, etc. See R. C. C. 329 to 333.

3849. Property of minors, both parents living, how sold or mortgaged. See R. C. C., Art. 222.

See

3850 to 3852. Houses of minors in New Orleans must be insured; tutors must render annual accounts; effect as evidence. R. C. C., Arts. 355, 356.

3853. Justices of the peace may appoint curators ad lites to minors in certain cases. See C. P., Art. 1155.

3854 to 3856. When sureties residing out of the parish may be received; judge to pass on sufficiency; jurisdiction of suits on such bonds. See R. C. C., Art. 3042.

3857. Suits against surety on bonds of appeal, tutor etc., shall not be instituted, until the necessary steps have been taken against principal. See R. C. C., Art. 3066.

3858, 3859. How sureties may be released; principal shall first file new bond. See R. C. C., Arts. 3069, 3070.

3860. Property of successions, of minors, etc.; by whom it may

be sold. See Sec. 3397.

3861 to 3863. Investment of funds of minor.

Formalities when

in State bonds. Duty of Auditor in the premises. See R. C. C., Art. 348.

See Sec. 2357.

3864. Failure of tutors to have such bonds registered. See Sec.

3865. For purposes of partition, property in which minors are interested may be sold at private sale. See Sec. 2667.

3866. Causes of incapacity, etc., of tutors, are likewise applicable to under-tutors. Exceptions. See R. C. C., Art. 306.

3867. Recording of bonds of tutors and certificates, etc., a prerequisite to appointment. See Sec. 2360.

3868. Recording inventory or other written evidence or statement under oath, of property of minors, operates as mortgage on property of person who intermeddles in the administration. See Sec. 1101.

3869 to 3873. Bond or certificate operates as mortgage upon property of step-father, when the mother has not been retained in the tutorship. Duty of under-tutor in relation thereto. Adjudication of minors' property to parent, to be recorded. Mortgage on property of surviving parent entrusted with minors' property, results from recording of inventory, etc. Duties of clerks in the premises. Parents must record inventories, etc. See Secs. 2362 to 2367.

3874. Assessment of persons in a representative capacity. See Sec. 3264.

ANNUAL ACCOUNT.

Act 11, 1884, p. 19.

AN ACT relative to crimes and offenses, and to provide for the punishment of administrators, executors, tutors, syndics, or others holding fiduciary trusts, for neglect or failure to file annual accounts.

SECTION 1. That whenever any administrator, tutor, or executor, syndic of an insolvent estate, or others holding fiduciary trusts, shall neglect, fail or refuse, after having been ordered by a court of competent jurisdiction, to file in the court where such trust is exercised, once between the first day of January, and the thirty-first day of December, of each calendar year, a full and complete account and statement of such trust, shall be guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding five hundred dollars ($500), and in default of payment, imprisoned not exceeding six months.

SEC. 2. That judges exercising criminal jurisdiction shall give this act specially in charge to grand jurors.

APPOINTMENT OF TUTOR.

Act 61, 1892, p. 82.

AN ACT to allow parents to appoint tutors by will to their children in certain

cases.

SECTION 1. That if one of two parents be an interdict or notoriously insane, the other parent shall have the right of appointing a tutor to his or her minor children as is now provided by law in case of the father or mother dying last, provided that if the interdicted or notoriously insane parent be restored to reason, the tutorship by will herein permitted, shall be vacated.

APPOINTMENT OF WOMEN.
Act 45, 1894, p. 50.

AN ACT authorizing women in certain cases to be appointed to the tutorship of minor children.

SECTION 1. That in all cases where minor children are left without father or mother and unprovided with a tutor, and where there is no male relation entitled

to or who will accept the tutorship of said minors on complying with existing laws, it shall be lawful for the court having jurisdiction of the succession of the last deceased parent of the minors, to appoint to the tutorship of said minors, upon the advice of a family meeting, any female person, over twenty-one years of age who is related to said children within the fourth degree, as now fixed by the Civil Code of this State, the same as in all other cases providing for the appointment of tutors, provided the father or mother of said minors dying last shall have left a will, entrusting his or her minor children to the care and keeping of said female relation, or directing that they be raised by

her.

SEC. 2. That in all cases where said female relation shall be a married woman her husband shall be bound in solido with her for all acts of tutorship committed or omitted by her and for which she is or may be legally responsible. SEC. 3. That all laws or parts of laws in conflict with or inconsistent with this act be and the same are hereby repealed and that this act shall take effect from and after its passage.

See Act 21, 1890, Sale of Bonds at Private Sale, printed at p. 894.
See titles "Minors,"
""Mortgage," "Succession."

UNITED STATES SENATORS.

AN ACT to regulate the times and manner of holding election for Senators in Congress.

That the Legislature of each State which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent the said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place of such Senator so going out of office, in the following manner: Each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each House shall be entered on the journal of each House by the clerk or secretary thereof; but if either House shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the Legislature, and take at least one vote until a Senator shall be elected.

SEC. 2. That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall happen during a session of the Legislature, then on the second Tuesday after the Legislature shall have been organized, and shall have notice of such vacancy.

SEC. 3. That it shall be the duty of the Governor of the State from which any Senator shall have been chosen as aforesaid to certify his election, under the

seal of the State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State of the State. Approved July 25, 1866.

3875. Issue of Credentials.-Whenever any Senator in the Congress of the United States shall be chosen, copies of the resolutions of the Senate and House of Representatives, testifying such choice, signed by the President of the Senate and Speaker of the House of Representatives, shall be delivered to such person so chosen a Senator, as evidence of such choice.

3876. Vacancies, How Filled.-Whenever a seat of a Senator shall become vacant during the recess of the Legislature, the Governor may make a temporary appointment until the next meeting of the Legislature, which shall then fill such vacancy in the manner before mentioned.

VAGRANTS.

3877 Definition of Vagrants.-All idle persons who, not having visible means to maintain themselves, live without employment; all persons wandering abroad and lodging in groceries, taverns, beer houses, market places, sheds, barns, uninhabited buildings, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms; habitual drunkards who shall abandon, neglect or refuse to aid in the support of their families, and who may be complained of by their families, shall be deemed vagrants (Act 120, 1855, 149).

See State vs. Burns, 45 An 34.

3878. Vagrants, How Dealt With.-It shall be the duty of any sheriff, constable, policeman, or other peace officer, whenever required by any person, to carry such vagrant before a justice of the peace of any parish, or before any one of the recorders of the city in which he shall be, for the purpose of examination; and if the justice or other officer be satisfied by the confession of the offender, or by competent testimony, that he is a vagrant within the description aforesaid, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish, and in the city of New Orleans the certificate shall be filed in the office of one of the recorders; and the justice or other officer shall issue a warrant to commit such vagrant, if in the city of New Orleans, to the workhouse of the city, for any time not exceeding six months, there to be kept at hard labor; or if such