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Louisiana's Justice of the Peace: A digest of the civil laws now in force in the Territory of Orleans (1808)

Laws and History

A digest of the civil laws now in force in the Territory of Orleans (1808)

page 62

Book I: Of Persons: Title VIII Of Their Tutorship, Curatorship and Emancipation

Article 21 In such a case and indeed in every case when it is prescribed and necessary that a meeting of the family shall be called, such meeting shall consist of at least five of the relations, or if there be no relations of the friends of the minor, called by order of the judge who is to appoint the tutor, in the office of any notary or justice of the peace residing in the place, which said notary or justice of the peace shall put their deliberation in writing and cause it to be signed by such of the attending relations or friends as know how to sign and shall also sign it himself.

page 130

Book II: Of Things and of the Different Modifications of Property: Title IV Of Predial Services or Services of Land

Art 20. Should a conflagration take place in the cities, towns and suburbs of this territory. the mayor or any justice of the peace of the place, may, by and with the advice of six proprietors of houses, situated within the city, town or suburb in which such conflagration has taken place, order to he pulled down the house or houses where the fire shall have made its appearance, and even the adjacent house or houses, although not yet injured by the fire, if a majority of said proprietors be of opinion that this measure is necessary to stop the progress of the conflagration. In such case the proprietors whose houses have been thus pulled down, without being at the time injured by fire, shall have a right to an indemnification in proportion-to their loss, which indemnification shall be paid by the corporation of the city or town where the conflagration has taken place, according to a proportional tax which shall be laid to this effect, upon all proprietors of houses of the said place.

page 172

Book III: Of the Different Manners of Acquiring the Property of Things: Title I Of Successions

Art. 122. It is the duty of every person who knows of any individuals having died without a will and having left property in this territory, to make the same known immediately to the parish judge, or to the nearest justice of the peace residing in the parish where the deceased has died, if he died in the territory, and in case such death should have happened abroad, such information shall be given to the judge or to any justice of the peace of the parish where the deceased has left his most valuable property, and every person convicted of having neglected to perform the above mentioned Juty, shall be subject to a fine not exceeding one hundred dollars and not less than twenty five dollars.

Art. 123. It shall be the duty of every parish judge or justice of the peace, who shall have received information of any person having died intestato, and having left property in the territory, to make every necessary en quiry to ascertain whether the deceased has left any heirs in the territory or whether the said heirs or some of them are absent and not represented in it. And if said judge or justice of the peace is convinced after said enquiries that there are no acknowledged heirs to the deceased's property, or that his heir or heirs or some of them are absent and not represented in this territory, it shall be the duty of the said judge, to go to the house where the deceased shall have died and to affix seals on all the effects where they may be conveniently affixed.

Art. 124. The affixing of seals in this case as well as in all others in which they may be necessary in obedience to the law, must be performed by the parish judge or a justice of the peace, in presence of two persons requested to attend as witnesses for that purpose. The parish judge or justice of the peace, shall be bound to keep a record, proces verbal, of his having affixed said seal, as well as a list comprising every article on which ....

page 442 

Book III: Of the Different Manners of Acquiring the Property of Things: Title XVII Of Compromises or Arbitration

Art. 13. Before examining the difference to them submitted, the arbitrators ought to take an oath before a judge, or justice of the peace, to render their award with integrity and impartiality, in the cause which is laid before them as arbitrators.

Art. 17. As the arbitrators have no public authority, they cannot compel the attendance of witnesses before them but by applying to a court of justice to have the necessary process to compel such attendance. They have also no authority to take the oath of any witness brought before them, but said witness shall be sworn before any judge or justice of the peace.