New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-07
GEN EKAL ASSEMBLY OF LOUISIANA
TUESDAY, FEBRUARY s, 1856
Senate.

journmept from yesterday. Lieut.. Gov. Foorhles
presided.
On the calling of the roll, twenty-five members
responded; q full quorum.
The journal of yesterdays proceedings was read
and approved.
During the proceedings the following members
were in attendance: Messrs Abney, Anderson,
Armstrong, Barrow, Bruse, Burthe, Campbell,
Coco Cooley, Duvgneaud, Egan, Ellis, Fellowes,
Foute, Gibson, Gordon, Hough, Kavanaugh, kel-
10, Kenner Lapeyre, Lott, NOLAN, Munday, New
ton of Jackson, Newton of Norehouse, Palfrey,
Poche, Purcell, scruggs Taylor, Welch and Will
eoxon--33.
Kr. Burthe presented memorial from Con-
stance Brown, asking an extension of ferry prvil-
eges and gave notice of his intention to intro
auce bill for the purpose.
Mr. Paifrey introduced bill to abolish the office
OF Surveyor General. and of Registrar and Re
oeiver Of the bran ch land office at Winnsborough,
La. In support of the measure he read letter
from n. Adrien Dupre, stating that the office was
. mere sinecure. Mr. Brngier last held the office
of Surveyor General, and he did some three
years age, leaving q number of valuable public
documents mixed up with his private papers, and
one object was to endeayor to recover them.
The bill WAS carried through its various stages and
passed.
Mr.. Brusle offered bill relating to sessions in
the Supreme Court. 1t provides for sessions at
Monroe, Alexandria and Opelousas. 1t was read
first and second time, and referred to the Com
rnttee on the Judiciary.
Nr. Wilcoxon gave notice Of his intention to in
troduce bill in relation to judicial advertise
ments.
Mr.. Mohan introduced a bill for the relief Of W.
&c. King Read first and second time and re-
ferred to the Committee Claims.
On motion of Mr.. Hough, the Senate extended
an invitation to Major General Frank Gardner, who
was present, to take "a seat within the bar of the
chamber. General Gardner accordingly entered
and was introduced to Senators, with whom he
entered into conversation very much, apparently,
to mutual qualification.
Mr. Foute called up the bill relative to the in
spection of scales, weights and measures The
object Of the measure is to relieve sellers of those
articles from the expense now imposed on them,
under penalty of fine of fifty dollars, of having
all of them inspected, before being sold or used.
The bill was carried through its various stages
and passed.
Mr. poche called up the bill to repeal the home
stead exemption act.
Mr. Egan moved that The bill be allowed to lie
over, az the general subject was under considera-
ton by the lcgslatare.
On motion OF Mr.. Poche the bill was read first
and second time, and referred to the Committee on
the judiciary.
Mr. Anderson presented bill to authorize Caro-.
line vanhill, wife of Lucus Dupre, to ALLEVIATE he.
dotal property. The bill was carried through its
various stages and passed.
Ar. Palfrey presented bill to modify the law
In relation to tacit mortgages. This measure is o
such Importance that we give it at length:
relation to the recording mortgages
married women interdcted persons and absentees:
SECTION |. Be ii enacted by the Senate and House
Of Representatives Of the State Of louisiana in
General assembly concerned, That in addition to
the office of Recorder of Mortgages, now estab
Hshed by law, there shall be established at the city
of New Orleans an Office for the recording of all
proceedings producing mortgage IN favor OF
minors married women. interdIcted persons and
abgentees, and such proceedings. thus recorded,
shall have effect against third parties throughout
the State.
SIC O. Be il further enacted etc., That the
Office to be established under this act be styled
"ofice of registry of mortgages, in favor of mi
nors, married women interdicted persons, and ab-
sentecs for the State of louisiana"
Sec. 3. Be 1t further enacted, etc, That it shal
be the duty OF the several clerks of courts
having jurisdiction in this State, besides the re
cordng required of them under existing laws, t.
cause to be recorded in said office created by this
act, as well as in the office of mortgages, of the
parish in which this office is situated all bond
taken by them from tutors of minors. curators o
1nterdlCted persona, or CufatOrB OF aDSenLees, u
also the orders of court making said appointments
and letters of tutorship and Curatorship shall no
be issued in such cases until certtcate OF the re
eorder of the office established by this act shal
have been returned to the said clerk to the efec
that said record has been made eceiyed by him
and filed with the other proceedings of the case.
Sac. a. BE it further enacted, etc., That nc
proceedings of family meeting, assembled for the
purpose of deberating in relation to the Interests
of minors, no inventory of the property belonging
to succ cession in whichimnors are entrusted shal
be homologated until said proceedings and sale
inventories shall have been first recorded IN salC
Office created by this act, and certificate OF thu
same returned to the court to which said proceed
ings belong.
shall be the duty of every notary public, or othe
officer exercising the duties of notary public, be
sides causing to be recorded in the ofhce OF !, re
corder of mortgages Of the parish IN whch II. TN
office established under this act, every act passe
before him in which, under existing laws OF thi
State, legal mortgage is created IN favo
of the wife in the property of the husband
whether the said act be marriage contract o
any other act which may serve to show the sum
of money other property which the wife ma
have brought by way of dover at the time OF maj
riage, Or receipts other acts, serving to sho1
the amount of money other property receive
by her or by her husband for her account durln
the marriage; and any notary, or persons e. exc
cising the functions OF notary, who shall 1all
comply with the requirements OF this section,
to the recording therein mentioned, besides ben
liable 10 the persons injured thereby Tor
damages which may he sustained, shall be gull
of misdemeauor in office, and shall, c0nvictiC
thereof, upon Indictment or information, be di
missed from his Office, and he sentenced to a fiji
not exceeding live hundred dollars, and impriso
ment not exceeding SIX months, at the discreti(
of the CO rt.
SIC. &. Be it further enacted etc., That
acknowledgement OF receipt of money or 9th
property, on the part OF the husband, shall be e,
dence OF the payment Of such money, on the d
livery OF such property, unless accompanied by Il
certificate of tie register of the office created
this act, to the effect that said receipt has be-
duly recorded in his office, and that only from II
date Of faid certificate.
SEC. Z. Be 1t further enacted, etc., That t
recording Of the acts, receipts, and other doc
knents required to be recorded under the provisio
of this ACT, shall operate. and have effect in iav
of minors, married women, nterdcted person
and absentees, in whose favor they may exist,
the case may be, general mortgage on t
immovable property of the husband, tutor or cul
tor, as the case may be, throughout the State
Louisiana, against third persons, from the time
record in said office.
SEC. 8. Be il further eaacted, ETC., That all co.
chargeable by clerks of courts. notaries, otb
persons acting notaries, under the provisions
this act, shall be charged as Judicial or notar
acts, as the case may be- in accordance with
fee bills established by law for clerks and notar
and payable by the parties liable to pay the Co
of mo- ,ul dinUS