New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-24

thereof or II any item should be overcharged,
the whole OF the costs in tho case in which
the overcharge IL made shall be forfeited,
and such clerk forever barred from collect
ing the same: and in the event of tho death
OF the clerk, his legal representative must
have this requirement attended to, ON pay.
ing of the forfeiture herein stipulated, and
loss resulting from such neglect or forfeit
ure; that the costs Of the clerk, witnesses'
fees, cost of taking dispositions and copies
OF acts used on the trial. and all other costs,
which the court may legally allow IN any
case, ehall be taxed a. costs.
Sec. 8. Be it further enacted, etc., That
before any clerk shall file any suit in the
district or parish court, the party applying
to file such suit shall deposit with the
clerk ten dollars, and the filing OF the suit
shall be evidence that such sum has been
paid and deposited with the clerk; such
sums shall be held by the clerk to pay the
costs of clerk and sheriff in such cases, the
clerk retaining one half, aid the other half
to be paid over to the sheriff AZ fast as his
fees accrue until the amount to which he is
entitled is exhausted; and the clerk shall
be liable under his bond for the proper
appropriation of said amount. The
clerks and SHERIFF. will be entitled to COL
lect the residue of their costs in every case,
every six months, that lie. all the costs due
them on the first day Of January of each
year shall be con, idrred Gu that day due
and col.ectible, and all the costs due on the
first day of July of each year shall be then
due and collectible. The costs shall be col
Looted az follows: The clerk or sheriff shall
make out q bill of their respective costs due
and cOllectiblc, and shall swear to the cor
rectness Of the same, and that the same ia
due; and such cost bills shalt be presented
<<,< ho ind 100 Ofk ha ri in V5hi
was filed or is pending, who shall examine
the same and, ii he shall find them correct,
he shall approve the same, and on which
cost bill, 30 approved, the clerk shall issue
execution against the principal and secu'
rites tor coste, and the same shall be
Q. llectible by the sheriff as on other
executions, and the security for costs
shall not be entitled to the plea of
discussion. Execution shall not be issued
in any such bill Of costs until ten days after
such bill of costs shall have been demanded
by the sheriff or his deputy of the principal
or security, which demand shall be made
to appear by return to that effect on said
bill Of costs, made and signed by the sheriff
or his deputy; provided, that in case where
there has been written confession of jadg-
ment, signed at or before the fling OF the
suit. the party fling the same shall not be
required to deposit more than the costs for
prOcs edipgs, a. is provided for by this act;
and provided further, that if at or before
the time OF filing the suit there has been q
written waiver Of citation and petition,
the party filing the suit shall be
required to deposit only five dollars. to be
disposed of as required in the first part OF
this section; and, provided further, that if
any part of the money 90 deposited remain
after paying the taxed costs OF suit accrued
at.the date of rendering final judgment in
the case, the same shall be returned to the
party originally depositio it; and, provided
| further, that whenever the said deposit shall
be exhausted in the pay ment Of taxed costs,
| the clerk may require further deposit of
ten dollars, or shall be entitled to demand
and receive the costa az they shall accrue.
SEC 9. Be it further enacted, etc., That
| all laws, or parts of laws, contrary to or in
| conflict. v it'll this act be and the same are
hereby repealed, and that this act take Of
! feet from and after its passage.
tSigned) E D. ESTILETTE,
| Speaker of the HOuse OF. Representatives
(S.gned) G. c. AN TOME,
Lieutenant Governor and President of the
Senate.
Approved, November 81, 1876.
(Signed) VIM. p. KELLOGG,
Governor of the State of Louisiana.
A true copy.
+. G. LLORENs,
Assistant Secretary of State.