The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1872-05-01

them.
The act 81, passed March 5th, 1870
created the Office of Public Admins.
traitor, was In force on that date and
until repealed, either expressly or i'm.
pliedly by a subsequent act. 1t gave
the Public Administrator the admins.
tration of all intestate or vacant es-
tates, or where the heirs are absent
(he even claimed the right to admins.
ter when they were represented in the
State.) 1t also gave him the right OF
administering an estate which has been
under the administration of an execu-
tor by will, when that executor dies,
resigns, is dismissed, or refuses to ACT
and he is appointed by the Gov
ernor.
Ii this act is not expressly repealed
1t is implicitly repealed by the subse-
quent acts Nos. SO, 81, 95-articles %
%, Code 1925 and Revised Codes-a
subsequent act repeats previous when
the two are repregnant and cannot ex-
ist together, PIP. 49S, s05-I2 An. R.,
and this is principle which is too
Well known and admitted. That it is
IN conflict with, and contrary to the
subject matters treated upon in the
Revised Statutes and Codes, is easily
seen by referring to the subject matter.
These three acts are not condensinc
or digest of laws, simply, but they are
laws enacted" and without which en-
actment of the Legislature they would
not be considered as laws. No Judge
would act upon them and consider him
self bound by any of the articles or
sections of said acts. And from the
date of their enactment and approval
by the Governor, they became the law
of the land, and governed the whole
subject matter contained therein, and
repealed all anterior acts, even the act
No. so, for it at least was in existence
when the acts 90, 81 and 90 were adopt
ed and approved. "
The section 3677, Revised Statutes,
act SO, approved March ID, 1870, says:
"Successions of persons domiciled out
of the State of Louisiana, and having
property in this State at their demise.
shall be openedsand administered upon
as are those of the citizens of the State,
and the Judge before whom such sue
cession shall be opened, shall proceed
to the appointment or confirmation of
the officer to administer it under the
name and in the manner pointed out
by existing laws"
What are the existing laws? They
ire the ll13, lila, 1l19, 1871, and sea-,
Revised Civil Code, and 1914 ct SEQ, Re-
vised C.P.
In these two-codes and in the Re-
Vlsed Statutes, it is no where Stated
hat vacant or intestate SUGGESTIONS; or
hose where the heirs are absent, or in
case an executor should neglect or re-
use to act, die or resign, shall be adj
hinistered upon by public admins
;rator.
The article 1895, Revised Civil Code,
iefines before what court claim
against succession must be brought,
md that against the curator.
Art. 1ll3, r. c. c. refers to the APP
olication made for the curatorship of
vacant succession, or one of which the
leirs or part of them are absent. The
srt, TIA refers to any position which
nay be made to the application, and
where opposition is made, the art.
l2l R. C. G. makes it obligatory and
he duty of the judge to grant the
l. To the surviving partner or heir
present or represented.
2. To the heir present or represented
n preference to the wife.
3. To the heir, husband or wife in
preference to creditors.
4. To creditors in preference to those
Who are not.
Art. 1878 says: eff the testator has
united to name testamentary execu-
or, or if the one named refuses to ac-
ept, the judge shall appoint one ex-
fficio;" and art. 1879 styles him the
lative testamentary executor.
The art. 924 Revised Code Practice i
avs: "Courts of probate have 'exclu-
i've power to appoint curators to va
ant estates and absent heirs" "To
ppoint one or more executors when
he executor appointed by the testator
will not or cannot perform the duties,
II is dead or absent"
Article 966 directs the mode of pro-
eeting for the appointment of curator
hip.
If the'act No. 81, of 5th March, 1870,
s not in direct conflict with the acts
g, 81, and 90, of I4th March, 1870,
reating upon the same subject matter,
0 wit: the administration of vacant
nd interstate estates, and where the
eirs are absent, it is difficult to con-
Give where two laws can ever conflict.
The mode and manner of admins
ering are different, and the appoint
ng of the curator, administrator, or