Year: 1869


corded in the book of mortgages
in the parish in which the proper
ty is situated, and it shall operate
a mortgage and vendors privi-
lege; the amount of the value of
the property as stipulated in the
act shall operate a mortgage
against such property in favor of
the minor; and no such adjudica-
tion shall have any legal or bind
ing effect until such record is
made.


Sec. z. Be it further enacted,
ETC., That when the surviving
husband or wife or heirs have
been investigated by the invento-
~ with the care of the colnmuni-
ty or succession, a certificate from
the clerk of the District Court of
the amount of the inventory of
the minors property, shall be re
corded in the mortgage book of
the parish 10 which such party,
invested with the care ofthe prop
erty, is domicile, and the same
shall operate mortgage on oil
the present and future property of
such person in such parish for all
their acts, until they are relieved
from the care Of the property, or
partition is made. 1t is the duty
Of the person making the invento-
~ and appraisement to have it
recorded as herein provided; and
failure to do so shall subject
them to any damage that may re-
suit from failure to perform the
duty, herein required ofthem; any
person may legally cause such re-
cord to be made.


Sec. s. Be it further enacted,
ETC., That any and all persons en-
titled to O mortgage or privilege
Oh the property of an other person,
shall cause such mortgage or
privilege to be recorded in the
mortgage book of the parish in
which the mortgageable property
is situated; if the mortgage be a
nOtarial or public act, the same
snail be recorded; if it be an act
under private signature, note, or
other obligation or writing, it must
be proved up and recorded as a
private signature act. IF the
same be not in writing, the person
claiming the mortgage or privilege,
his agent, or some person having
knowledge of the fact, must make
affidavit of all the facts on which
it is based, stating the amount
and all the necessary facts, which
affidavit shall be recorded, in the
mortgage book as other acts OF
mortgage or privilege.


Sec. o. Be it further enacted,
etc., That all mortgages and priv
ileges shall be recorded in the
same book or series of books in
each parish; this act being intend


ed to do away with separate mort


gage books in each parish.


Sec. 10. Be it further enacted


etc, That the recording of any


instrument, according to the pro


visions of this act, shall have the


effect of operating a mortgage OF


privilege as the case may be, or


the property of the person owning


or subject to the mortgage o.


privilege, but shall have no othel


effect; it shall in no manner b,


evidence of the validity of th,


debt or claim, other than the Law


may award to acts of the kind IN
recorded.


Sec. II. Be it further enacted
ETC., That it shall be duty of th,
District Court of the several paI
ishes in this State to make out al
abstract of the inventory of th
property Of all minors whose tu
tors have not been required b.
, law to give bond for their tutor
) ship, such abstract to describe tn
| real property, and give the fu
amount Of appraisement OF all th
| property both real and persona
| and rights and credits, and to dt
posit such abstracts, with the II
corderS of the several parishe,
} whose duty it shall be to recor
the same as soon as received
: the mortgage book Of their parish
4 such abstracts to be made out an
deposited with the recorders b
! the first day of December, 1856
g aud recorded by the first day [
t January, 1870. This section
/ apply only TO tutorship granite
r before the passage of this act, an
i any failure of the clerks or recor'
! ers to perform the services require
l. by this section shall subject the
!, | ~ nnry Inu,n ceory 4ba% o,7ah - sI,.