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tomologist, or his authorized assistants, or who shall otherwise interfere with the agents or employees of said Board or said Entomologist while in the performance of their duties, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Twenty-five ($25.00) Dollars, nor more than Five Hundred ($500.00) Dollars for each offense, or imprisoned for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment in the discretion of the court having jurisdiction..
Rules and Regulations to be Submitted by Entomologist.
3084. [Sec. 7.] Said Entomologist shall prepare rules and regulations in accordance with this Act, which, on the approval of the Commissioner of Agriculture and Immigration, shall become effective, and said rules and regulations may be amended by him upon the approval of the said Commissioner of Agriculture and Immigration.
Fines to Go to Board of Agriculture.
3085. [Sec. 8.] All fines resulting from prosecutions under this Act shall be paid to the State Treasurer and by him placed to the credit of said Board of Agriculture and Immigration, to be used in carrying out the provisions of this Act.
Official Character of U. S. Consusl and Foreign Officers.
3086. [R. S. 1436.] It shall be the duty of the several courts of this State to receive the attestation or certificate of any American Consul, Consul General, Vice Consul or Commercial Agent, residing in any foreign country, as legal evidence of the attributes and official station or authority of any magistrate or other civil officer in such foreign country under the laws thereof; which attestation and seal shall be full and complete proof that it emanated from said Consul, Consul General, Vice Consul or Commercial Agent, as the case may be.
3087. [R. S. 1437.] Whenever land, divided into town lots and sold in conformity with a plan, shall not be of the same extent as that mentioned in said plan, and the difference shall be more
apportion, in conformity with the dispositions of the Civil Code, than one thousandth part, it shall be the duty of the State Surveyor, commissioned for the parish where said land is situated, to the surplus or deficit of said land, and to make a plan pointing out, according to such apportionment, the correct dimensions of each square and the breadth of each street; said plan shall be deposited by the surveyor of the parish in the office of parish recorder of the parish where the land is situated; and the public notices shall be given by said surveyor in the State paper, during thirty days, directing all persons interested to present their opposition to the original plan deposited as aforesaid with the parish recorder, which oppositions shall be referred to and be decided by the District Courts; and said original plan, when not opposed within the delay aforesaid, or when modified in the opposition filed, shall be registered by said recorder in his office, and shall be authentic evidence of the description and dimensions of said property.
Fires, New Orleans.
3088. [R. S. 1439.] It shall be the duty of any one of the recorders of New Orleans, or justice of the peace, to whom application shall be made for that purpose, to visit any building where a fire may have happened, immediately after the fire shall have been extinguished, and inquire into the origin and cause of said fire, examine all witnesses whom the owner or insurers of the property destroyed may desire to have examined under oath, and make and preserve a true and correct record or proces verbal of their testimony, a copy of which record or proces verbal, certified by such recorder or justice, shall be admitted in evidence in any civil action. The party occupying or owning the property, his agent, or any one having the property in charge at the time of the fire, shall be notified by the recorder or justice of the examination.
Statutes of Other States.
3089. [R. S. 1440.] The published statutes and digests of other States shall be received in the courts of this State as prima facie evidence of the statute laws of the States from which they purport to emanate.
Authentic Act Defined.
3090. [C. C. Art. 2234.] The authentic Act as relates to contracts, is that which has been executed before a Notary Pub
lic or other officer authorized to execute such functions in presence of two witnesses, aged at least fourteen years, or of three witnesses, if a party be blind. If a party does not know how to sign, the Notary must cause him to affix his mark to the instrument. (Amd. Act 67, 1908, p. 82.)
Parol Inadmissible in What Cases.
3091. [C. C. Art. 2278.] Parol evidence shall not be received:
1. To prove any acknowledgment or promise to pay any judgment, sentence or decree of any court of competent jurisdiction, either in or out of this State, for the purpose or in order to take such judgment, sentence or decree out of prescription, or to revive the same, after prescription has run or been completed. 2. To prove any acknowledgment or promise of a party deceased to pay any debt or liability, in order to take such debt or liability out of prescription, or to revive the same after prescription has run or been completed.
3. To prove any promise to pay the debt of a third person.
4. To prove any acknowledgment or promise to pay any debt or liability, evidenced by writing, when prescription has already run. But in all cases mentioned in this article, the acknowledgment or promise to pay shall be proved by written evidence signed by the party who is alleged to have made the acknowledgment or promise or by his agent or attorney in fact, specially authorized in writing so to do. (Amd. Act 121, 1886, p. 219.)
For authorities, see 883, page 273.
Parol to What Extent Admissible to Prove Debt due by Deceased.
3092. [Act 207, 1906, p. 361.] Parol evidence shall be incompetent to prove any debt or liability upon the part of a party deceased, except it consist of the testimony of at least one credible witness of good moral character besides the plaintiff; or except it be to corroborate a written acknowledgment or promise to pay signed by the debtor; or unless an action upon the asserted indebtedness shall have been brought within a delay of twelve months after the decease of the debtor.
Parol Admissible to Prove Simulation.
[C. C. 2239.] Counter letters can have no effect against creditors or bona fide purchasers; they are valid as to all
others; but forced heirs shall have the same right to annul absolutely and by parol evidence the simulated contracts of those from whom they inherit, and shall not be restricted to the legitimate. (Amd. Act 5, 1884, p. 12.)
For authorities, see 881, page 273.
Instruments Under Private Signature Prima Facie Evidence When.
3094. [Sec. 1, Act 68, 1914, p. 165.] Any deed, counter letter, power of attorney, declaration, contract, or other instrument, under private signature, purporting to be attested by two or more witnesses and accompanied by an affidavit of the vendor or grantor that the same was signed or executed by him, or by an affidavit of one or more such witnesses, made at or after the signing and execution of such deed, counter letter, or other instrument, and setting forth substantially that said instrument was signed or executed by the party or parties thereto in the presence of the affiant or affiants, shall be deemed, taken and accepted, prima facie, and without further proof, as being true and genuine, and shall be so received and accepted in evidence in the courts of Louisiana, without further proof.
Penalty for False Affidavit.
3095. [Sec. 2.] Any person making a false affidavit to any instrument described in this act shall be guilty of false swearing the punishment whereof is fixed by existing laws.
Copy of Recorded Patent.
3096. [R. S. 1445.] Where a patent for land, or the certificate of the register, or the receiver, whether issued or to be issued by the officers of the State of Louisiana, or the general government, has been, or may hereafter be recorded in the office of the recorder of the parish in which the land may be situated, a copy of such record property certified by the said parish recorder, shall be admissible in evidence in all causes pending before any of the courts of the State, in the same manner, and shall be entitled to the same credit as the original of such instruments, or as exemplification thereof; provided, the party proposing to use such evidence shall make affidavit that the original of such patent or certificate is not in his possession or under his control; and, provided, further, that the opposite party shall be allowed to disprove the genuineness of such original or registry, as the case may be.
Advertisement of Sale.
3097. [R. S. 1446.] In all auction sales made by sheriffs, auctioneers, sheriffs, or others authorized to sell at public auction, which are required by law to be preceded by advertisement, it shall be the duty of the officer making the sale, in his proces verbal or act of sale, to state the manner, time and place of making such advertisements; which statement when so made, shall be proof of the manner, time and place of making the advertisement.
3098. [R. S. 1447.] When any question shall arise out of any public sale, made by any person authorized to sell at public auction, and which sale was required by law to be preceded by advertisements, the sale being proved, it shall be prima facie evidence that the legal advertisements were regularly made.
Succession Sale. 3099.
[R. S. 1448.] All proces verbals of sales of succession property signed by the sheriff or other person making the same, by the purchaser and two witnesses, are declared to be authentic acts.
Copy of Sheriff's Deed.
3100. [R. S. 1455.] A copy of any sale or deed of conveyance, heretofore made and executed, or which may hereafter be made and executed by any sheriff or any other person exercising and performing the duties of sheriff in this State, certified to be a correct copy from the record by the clerk or deputy clerk of the court in whose office such sale or deed of conveyance is or may be recorded, shall be received as evidence in the same manner and have the same effect in every respect as a duly certified copy of an authentic act; and if the original of any such sale or deed of conveyance has been lost or mislaid, without the same having been recorded in the office of the parish recorder of the parish in which such sale or deed of conveyance has been made and executed, then a copy of the same, certified as aforesaid, being recorded in such office, shall have the same effect in every respect from the time the same shall be recorded as if the original had been recorded; provided, however, that the affidavit of any person interested in having such sale or deed of conveyance recorded shall be deemed sufficient to establish that the same has been lost or mislaid, and authorize the recording of the same as aforesaid.