Deposits.

47. [SEC. 4.] The said association shall have power to receive money on deposit, and shall have and exercise all the privileges of private banks.

1859-142.

Weekly statements of un

settled balances,

to be published,

PUBLICATION OF LISTS OF PERSONS HAVING UNCLAIMED BALANCES.

48. [SEC. 1877.] It shall be the duty of the several banks and insurance companies, incorporated in this State, on the first Monday claimed and un- of January next, and annually thereafter, to cause to be published in how and when some newspaper printed in the city of New Orleans, once a week, for four weeks in succession, a list of the names of all parties who may have in such institution any unclaimed or uncalled for sum of money, specifying the amount thereof, beginning from the several dates of their incorporation, where the same are of three years' standing, or more, at the time of such publications, whether the same arise from deposits, dividends, interest scrip, or result from the non-payment of any drafts, bills of exchange, certificates of deposit, or otherwise, drawn in favor of such person or persons, and not subsequently paid by such institution, or as in the case of certificates of scrip not subsequently paid or delivered to the owner thereof; also all interest on scrip due and unpaid for more than three years since the same became demandable; and generally all indebtedness of such institutions, in any manner whatever, of more than three years' standing, or where the evidence of the fact of the indebtedness is exclusively in possession of such institutions.

tion to be made

rated institu

49. [SEC. 1878.] The said duty of publication, according to the Same publica provisions of this act, is hereby imposed upon all incorporated instiby all incorpo- tutions of this State, receiving deposits or declaring dividends on tions receiving money, scrip, or other evidences of indebtedness; and the same shall declaring divi- be verified by the affidavits annexed thereto of the president and cashier, where they are made by a bank, and of the president and secretary when made by an insurance company.

deposits or

dends.

Omission to

make said pub

the corporation to fine.

50. [SEC. 1879.] Each and every omission to advertise in accordance with the provisions of this act shall subject the corporation so lication subjects offending to a fine of one thousand dollars, recoverable before any court of competent jurisdiction, at the domicile where such corporation is established, in the name of and for the benefit of the Charity Hospital of New Orleans; provided, the publication herein directed is only required when the sum exceeds ten dollars.

Proviso.

Provisions of this act not to apply to incor

51. [SEC. 1880.] This act shall not apply to the incorporated

porated savings savings banks of this State.

banks.

BATTURE.

Rights of ripa

cities and towns

SEC. 318. Whenever the riparian owner of any property in the incorporated towns or cities in this State is entitled to the right of 1855-37. accretion, and batture has been formed in front of his land more rian owners in than is necessary for public use, which the corporation withholds. from him, he shall have the right to institute suit against the corporation for so much of the batture as may not be necessary for public use, and if it be determined by the court that any portion of it be not necessary for public use, it shall decree that the owner is entitled to the property, and shall compel the corporation to permit him to enjoy the use and ownership of such portion of it.

Bills and notes,

1. [SEC. 319.] No bill of exchange, promissory note, or other obligation for the payment of money, made within this State, shall 1855-47. be received as evidence of a debt, when the whole sum shall be how to be expressed in figures, unless the same shall be accompanied by proof that it was given for the sum therein expressed. The cents or fractional parts of a dollar may be in figures.

written.

2. [SEC. 320.] The rate of damages to be allowed and paid upon the usual protest for non-acceptance or non-payment of bills of Damages on exchange, drawn or negotiated within this State, shall be as follows:

protested bills.

allowed.

On all bills drawn on and payable in foreign countries, ten dollars upon the hundred upon the principal sum specified in such bills; on all bills drawn on and payable in any other State in the United States, five dollars upon the hundred upon the principal sum specified in such bill.

3.

[SEC. 321.] Damages shall be in lieu of interest, charges of What interest protest, and all other charges incurred previous to, and at the time of, giving notice of non-acceptance or non-payment, but the holder shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum, and of the damages thereon from the time at which notice of protest for non-acceptance or nonpayment shall have been given, and payment of such principal sum shall have been demanded.

Principal and damages, how ascertained

when in United

4. [SEC. 322.] If the contents of the bill be expressed in the money of account of the United States, the amount of the principal and of the damages shall be ascertained and determined without States currency. any reference to the rate of exchange existing between this State and the place on which such bill shall have been drawn at the time of the demand of payment or notice of non-acceptance or nonpayment.

When the

amount is ex

eign currency,

5. [SEC. 323.] If the contents of such be expressed in the money of account or currency of any foreign country, then the principal, pressed in a for- as well as the damages payable thereon, shall be ascertained and determined by the rate of exchange; but whenever the value of such foreign coin is fixed by the laws of the United States, then the value thus fixed shall prevail.

damages, how ascertained.

session.

rest.

6. [SEC. 1.] The following shall be considered as days of public 1870-98, extra rest in this State, namely: The First day of January, the Eighth of Days of public January, the Twenty-second of February, Fourth of July, Twentyfifth of December, Twelfth of February, Sundays and Good Fridays, and all promissory notes and bills of exchange shall be due and payable the day following the third or last day of grace, if the third or last day of grace be a Sunday or legal holiday, as herein provided; and should the day succeeding the last or third day of grace also be a Sunday or legal holiday, then promissory notes and bills of exchange shall be payable on the following day not a Sunday or legal holiday; and in computing the delay allowed for giving notice of non-acceptance or non-payment of a bill of exchange or promissory note, the days of public rest shall not be counted, and if the day or two days next succeeding the protest for non-acceptance or non-payment shall be days of public rest, then the day next following shall be computed as the first day after the protest.

a record of pro

7. [SEC. 325.] Notaries and Parish Recorders shall keep a separate book, in which they shall transcribe and record, by order of 1855-47. date, all the protests by them made, with mention made of the notices Notaries to keep which they shall have given of the same to the drawers or indorsers tests and notices thereof, together with the names of the drawers or indorsers, the date of the notices, and the manner in which they were served or forwarded, which declaration, duly recorded under the signature of the notary public or Parish Recorder and two witnesses, shall be considered and received in all courts of this State as a legal proof of the notices.

made and no

8. [SEC. 326.] All notaries, or persons acting as such, are authorized in their protests of bills of exchange, promissory notes, Protests, how or orders for the payment of money, to make mention of the demand tices given. made upon the drawer, acceptor, or person on whom such order or bill of exchange is drawn or given, and of the manner and circumstances of such demand, and by certificate added to such protest, to state the manner in which any notices of protest were served or forwarded; and whenever they shall have so done, a certified copy of such protest and certificate shall be evidence of all the matters therein stated.

test, when to be

office.

9. [SEC. 327.] Whenever the drawer, acceptor, indorser, or others, shall not reside in the town or city where protest shall be Notices of promade, it shall be the duty of such notaries, or others acting as such, put in the postto put into the nearest postoffice where the protest is made, a notice of the protest to such drawer, acceptor, indorser, or others, addressed to them at their domicile or usual place of residence.

given when the

known.

10. [SEC. 328.] Whenever the residence of any drawer, acceptor, indorser, or others, shall be unknown to the notary, or other person Notice, how acting as such, and whenever, after using all due diligence to obtain residence is unthe necessary information thereon, the residence shall not have been found, then it shall be the duty of the notary, or other person acting as such, to put the notice of such protest in the nearest postoffice where the protest was made, addressed to the drawer, acceptor, indorser, or others, at the place where, as it shall appear by the face thereof, such bill of exchange or promissory note was drawn, and the same shall be deemed and considered legal notice of such protest. 11. [SEC. 329.] Notaries public in the city of New Orleans are empowered to protest bills of exchange, notes and other negotiable Notaries in New effects throughout the parish of Orleans, and in default of notaries ized to protest and Parish Recorders in the country, any Justice of the Peace may parish. protest promissory notes and bills of exchange in the presence of two persons residing in the parish, who shall certify and subscribe the same as witnesses.

Orleans author

throughout the

commodation

notes liable as drawers in certain cases.

[12. SEC. 330.] Whenever promissory notes are indorsed for Indorsers of ac- the benefit of the drawer or drawers thereof, and the same is mentioned on the notes, if the drawer or drawers cause the notes to be discounted in any bank in operation within this State, or obtain any sum of money in consideration of the notes from any person, the indorsers shall by law be bound towards the bearers of the notes as if they had been discounted or negotiated for their own account and benefit.

Days of grace.

1858-128.

Days of grace

not allowed on

certain bills.

1839-172-24.

exchange, when

jury is allowed.

13. [SEC. 331.] Upon all bills of exchange and promissory notes made negotiable by law, or by the usage and custom of merchants in this State, three days of grace shall be allowed.

14. [SEC. 332.] Upon all bills of exchange at sight, and upon all drafts or orders for money on demand, payable at any place within this State, no days of grace shall be allowed.

15. [SEC. 333.] All suits against makers and indorsers of promis sory notes, drawers, indorsers and acceptors of bills of exchange, Suits on bills of and generally all suits brought on unconditional obligations to pay a specific sum of money, shall be tried without a jury, unless the defendant shall make oath that his signature to the note, bill or other obligation is not genuine, or that he expects to prove that the same had been obtained through fraud or error, or want of failure of consideration; or in cases when the defendant in his answer may set up a plea of compensation or reconvention, and make oath to the truth of all the allegations in said plea or answer.

1869-20.

1. SEC. 338.] It shall be the duty of all the Parish Recorders of

Parish Record this State to record all births in a book bound and kept for that

ers to record

all births.

purpose, in the order of their dates.