The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-01
OFFICIAL
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
EXTRA SESSION or 1877.
AN ACT
No. 99.l

OWL sheriff In ana iot u,o 80 al, .s.;.o
Orleans. parish Of Orleans, ana 70 auth or'se
tha said nffear TO demand surety ana pay
ment for bis costs and charges, anu ~ "a
emit the CITY OF New Orleans from gu nap IL
ty for sheriffs fees In cases LII which ehe wy
~ New Orleans sues for any tax, or other
J,as Ieviad in course of law, and in which
iuaomept was rendered in favor OF the CITY
nf New Orleans, expenses incurred by the
sheriff caused in carrying out instructions Oh
the proper officers Of the city excepted.
ap,rror l. Be enacted by The Senate and
uause nf Representatives Of Ne State Of Lontst-
ann. IN General Assembly conpened, That the
civil sheriff for The parish Of Orleans shall DC
entitled to demand aud receive the following lees
Of office, and no mofe
For receiving service and return Oh cltatioh, Iot
each defendant, the sum OF one dollar
For receipt aud service Of petition, on each de-
fendaDt, the sum OF fifty cents shall DC anowea.
For servics OF each subpoena, or return Oh sams'
not found, forty cents.
For each attachment for any witness or other
party 10 be brought into court forthWitp, or ~
subsequent period, one dollar .. ~.
For every order Of court, not otherwise pro-
yided for la this act, fifty cents shall be ahowed.
For any writ Of feri fsciRs, seizure ana SAFE, or
executory process, writ OF distringas, pfohlDl-
tiop, Injunction, attachment. provisional seizure,
demonstration, or any other conservatory WIN
Inmanding the sheriff to execute any mesne
o. final Judgment Of the court, inolnine lesa,h
thereon, the sum Of two dollars shall be allowed
For every notice Of seizure required ny law 10
be served, inclu ling writing OF tine same anu re-
turn, fifty cents, except for recording seizure 10
Mortgage Office. IN which case one dollar snail DC
allowed for She if fees
For keeping property under seizure, when
stored in warehouse. the usual charge OF ware
house keepers shall be allowed and no more ];
provided that this shall noG be 30 construed as
10 bar the Sheriff from the collection OF insur-
ance effected, covering the property seized, or
other incidental expense necessary for the Keep
ing of property 30 seized.
For keeping property when keeper or guar
dian Ia required, two dollars per day shall be a.
lowed, and In all cases in which the property IN
der seizure Ia of nature or kind requiring the
constant attention of the sheriff. one or more
additional keepers at the same rate Of oolnpensa-
don shall be c!.argeable.
For commission sales under any writ or
order Of court the following rates are established:
On all sums up TO the first i've hundred d liars
two per cent; after the first five hundred dollars
up to fifteen hundred dollars, one per cent: and
all sums In excess Of fifteen hundred dollars,
0ne-hslf per cent shall be allowed
For commissions oil moneys realized under
mesne or final process there shall be allowed on
all sums up to i've hundred dollars, two per cent,
aud after the first five hundred dollars and up to
fifteen hundred dosrs, one per cent; and all
sums In excess Of fifteen hundred dollars, one
half Of one per cent shall be allowed; provided,
no commission shall be charged in cases in which
nothing is realized by the plaintiff in execution
or other wri'.#
For all expenses incurred in any proceeding
the current customary rates shall be allowed.
For advertising, the rates established by exist
ing laws shall be allowed and no more.
For mileage, when travel by water or into any
other parish is necessary, the same rate OF
compensation as allowed to other sherlhs and
throughout the state ia allowed.
For making process verbal OF sale, adver ise-
ment or appraisement one dollar shall be allowed.
For each conveyance of property by title two
dollars shall be- allowed to the sheriff. For Al
tendance in supreme Court, each day in which
the same is in session. the sum OF five dollars. as
now established by law.
SEQ. a BE ii further enacted, etc.. That in
all suits hereafter instituted by the city OF New
Orleans for the recovery OF any tax imposed or
other dues levied in accordance with, and In
which the city of New Orleans has recovered
Judgment the said corporation shall be- exempt
from all liabilities for sherlffs costs, actual ex
penses incurred by virtue of instructions OF the
proper city ufficers excepted.
SEQ. 8. Be II further enacted, ETC, That the
sheriff shall be emitted to demand surety for
costs al hs office Tor actual expenses to be in
CURED. A reasonable deposit in money, to cover
expenses. may be demanded from Tina to time;
and in case Of future 10 provide surety for costs
or make a reasonable deposit for fees and ex-
penses, the sheriff Ia authorized, after two days
notice. to return process into court and shall not
be held liable for any losses ocoasioned by reason
of 30 doing
SEC d. BE further enacted, etc, That all
fees proper Of the sheriff shal be payable on de-
and in all cases in which writs have been returned
n,d'd bona they are demsndable upon the return
of the process.
SEQ 6. Be II further enacted, etc i. That a cor.
rect copy OF this act shall be posted in the Office
of said sheriff, in conspicuous place, under the
penalty of q fae Of twenty five dollars a day, in
case of failure 80 to do, recoverable befJre any
OF the district courts of ciy ursdi 3tion. Ia favor
ofthe Charity Hospital OF the city OF New Orleans
Bee. g. Be ii further enacted, etc, That the
sheriff for the purpose Of recovering his costs
and expenses, may proceed by direct action be-
fore any tribunal, or by way of rule before the
court in which the suit was brought. and to pro-
coed In the execution OF judgments for costs III
his favor In the ordinary way.
EEC. T. Be ii further enacted, etc., That within
forty days after the sheriff shall have retired
from Office he shall file In court detailed bills of
costs due him in all cases in default OF whicl he
shall be bar ed forever for collecting the same
and 1t is hereby made the duty OF the clerk OF
court when he issues q writ of feri facias to in
dorse ON said writ all costs due the retired
sheriff.
FEC. 8. Be ii further enacted, ETC., That il the
sheriff overoharges any item in any bill of costs
he shall forfeit tie whole item 80 overcharged.
SEQ. 8. Be IL yf,tth y enacted etc., That this
act shall take effect from aud after the frat day
of December. Eighteen hundred and seventy six
and that al laws and parts Of laws in conflict will
or contrary to the provisions of the same be and
are hereby repealed.
(signed) E. D; EsrILE7rE, o
speaker of the House of Representatives
(Signed) q. @. ANTOINE,
Lieutenant Governor and President of the Senate
do certify that this IL a true aud correct COP,
Of an act passed by the General Assembly during
the regular session of eighteen hundred ant
seventy -sis and was signed by the Speaker OF tht
House of Representatives, and by the Lieutenan
Governor and President Of tie Senate, aud wa
by me delivered to the Governor on the eleventh
day of March, eighteen hundred and seven y-Ris
and that the act has not been returned to thu
House Of representatives. either with the APP
prevail of the Governor or his objections thereto
(Signedl PETER j. IRRELEVANT,
Clerk OF the Hause of Representatives.
A true copy:
Will, A. STRONG,
Secretary of State.