1858-6. in the service of the State, as a member of the General Assembly, his absence from court, during the session of the General As-Right of continuing cases sembly shall constitute a peremptory cause for the continuance, given to attor neys who may on the part of his client, of any case wherein he is employed as be members of leading counsel; and such case shall lie over till the following the General Asterm; provided, however, that this act shall not apply to cases in the Supreme Court. sembly. is elected. ART. 94. There shall be an Attorney General for the State, How the At who shall be elected by the qualified electors of the State at torney General large every four years. He shall be learned in the law, and shall have actually resided and practiced law as a licensed attorney in the State five years next preceding his election. He shall receive a salary of three thousand dollars per annum, payable monthly on his own warrant. 1855-6. Attorney SEC. 27. It shall be the duty of the Attorney General to keep General to keep his office in the city of New Orleans; his office in the city of New Or leans. the District To appear for the State and prosecute and defend in the District Courts of the city of New Orleans, and in the Federal Courts His duties in sitting in this State, and in the District Court of the Parish in Courts of New which the seat of government is located, all civil suits in which parish in which the State may be a party or be interested and to intervene seat of govern therein whenever the interest of the State shall require such ment is located, and in Federal intervention; Orleans, and State. Courts in this To appear for the State in the Supreme Court and Court of His duties in Appeals, sitting in New Orleans, and in the Parish in which the the Supreme Court, and seat of government is located and prosecute and defend all appeals, in causes criminal or civil, in which the State may be a party or may be interested. Court of Ap peals, sitting in New Orleans, which seat of located. His duties relative to bank and in parlsh in To institute proceedings against all banking or other corporagovernment is tions chartered by the State, to obtain the forfeiture of their charters in cases of violation of the same, where no provision has been made by law for the forfeiture of their charters; When required by the Governor, or either branch of the Leg islature, to appear for the State, in every court or tribunal, in any case civil or criminal, in which the State may be interested or be a party; ing and other certain cases. To give his opinion in writing upon all questions of law when for the State in required by the Governor, the Auditor of Public Accounts, or May be called the State Treasurer; and consult with and advise the District on for his opin. Attorneys, whenever requested by them, in all matters apperofficers, etc. taining to the duties of their offices; and to make and submit Report to the to the Legislature, at the commencement of the annual session Legislature. ion by certain Information to be contained in his report. To attend the Legislature when required to do so. Books to be kept by him. 1884-87. Attorney General au. thorized to bring suits for thereof, a report of all the official business done by him during the preceding year, specifying the suits and prosecutions to which he may have attended; the number of persons prosecuted; the crimes for which, and the parishes where such prosecutions were had; the results thereof and the punishments awarded therefor; To include in his annual report an abstract of the annual reports of the several District Attorneys, with such observations and statements as, in his opinion, the criminal jurisprudence and the proper and economical administration of the criminal law of the State shall warrant and require. SEC. 28. He shall attend the Legislature during its session, and shall give his aid and advice in the arrangement and preparation of legislative acts and documents, when required by either branch thereof. SEC. 29. He shall keep two sets of books or journals, which shall constitute the records of that office; one set shall contain a fair transcript of all the legal opinions given by him, and the other a statement of all the suits brought by him on behalf of the State; each set shall have an index. SEC. 30. The Attorney General is authorized and empowered to institute and prosecute any and all suits he may deem necessary for the protection of the interests and rights of the State; and no court of this State, nor officer thereof, shall demand of the State with the State or of the Attorney General, any security for costs, or out bond or pay- any advance costs, but all costs for which the State may become costs, or giving liable shall be paid by the Attorney General out of the proper security for appropriation therefor. In any and all cases where bond is ing advance costs. required by law in legal proceedings, the State and the Attorney General shall be dispensed from giving such bond. SEC. 31. The defendant shall not be required to give security for costs, or to advance costs in any case in which suit is brought by the State. SEC. 32. The Attorney General is authorized to employ a 1877–28. clerk with an annual salary of one thousand five hundred Authorized to dollars. employ a clerk. 1880-14. SEC. 33. The Attorney General is relieved of the prosecu- Relieved of tion of all criminal cases before the criminal courts of the parish prosecution of of Orleans. criminal cases in the parish of Orleans. try to be settled annually.....44 | Their commissions ... Accounts to be transmitted to Au ditor and Administrators of have more than one store for ...59 come auction SEC. 34. Any citizen of the State may become an auctioneer 1855–106. for the parish in which he is a qualified voter, and be authorized Who may beto sell any real or personal property at public auction, upon eers. giving bond and security, according to law, and taking the oath prescribed by law. SEC. 35. Before entering on the discharge of his duties, he To execute shall execute his bond according to law, with good and solvent bond, etc. securities, conditioned for the faithful performance of all the duties, required by law, towards all persons who may employ himas auctioneer, and for the prompt payment of the taxes or commissions payable to the State and of all the sums which he shall receive in his official capacity belonging to other persons. SEC. 36. The bonds to be given shall be in the following Amount of bond. To take out amounts: Ten thousand dollars for the city and parish of Orleans, and two thousand dollars for the other parishes of the State. SEC. 37. Every auctioneer shall take out an annual license annual license. from the Auditor of Public Accounts authorizing him to do and perform, all the business properly belonging to an auctioneer. SEC. 38. No person shall act as an auctioneer who is indebted to be auctioneer to the State or any municipal corporation, for any tax as an auctioneer, or any license or commission which he has neglected to pay after final judgment rendered against him therefor. No defaulter Penalty for authority. SEC. 39. No other person than an auctioneer or a civil acting without officer acting under the authority of some court of the United States or of this State, or the legal representative of a succession, of minors, curators, of interdicted persons, syndics of insolvents, or the Sheriff, when there is no auctioneer in the parish, shall exercise the trade or business of an auctioneer, by selling or offering for sale at auction, any property, real or personal, within this State, under penalty of five hundred dollars for each offense, one half of the penalty for the informer when recovered. Tax on anction sales. 1882-63. Payment to be made to the Charity Hospital. 1855-106. Penalty for not paying amount due. Quarterly ac dered by auc SEC. 40. All property, rights or credits, which shall be sold at public action, or at private sale by any auctioneer (except such as are or may be exempted by law) shall be subject to a State duty or tax of one-half of one per centum of the value or price at which it shall be sold, except the duty or tax upon all sales by public auction of stocks of banks or incorporated companies, bonds of the State, bonds of the city of New Orleans, or bonds of incorporated companies or insurance scrip of any kind, which shall be one-quarter of one per cent. said taxes or duties shall be paid by the person who shall sell the same, to be subject each and every time it shall be stricken off, to duties at the above rates. SEC. 41. All taxes or duties on auction sales shall belong exclusively to the Charity Hospital of New Orleans, and shall be paid by the auctioneers throughout the State direct to the Board of Administrators thereof, who are hereby authorized to institute suit for the recovery of the same if not paid within the time prescribed by law. SEC. 42. Any auctioneer who shall neglect to pay the duties required by law upon auction sales made by him, shall forfeit his license, and in case he refuses to return the same, the Audi tor of Public Accounts shall give public notice in the official gazette of the cause for which the license of such auctioneer has been forfeited, and that his license has been withdrawn from him. SEC. 43. Every auctioneer in the city of New Orleans shall count to be ren make out in writing a quarterly account, dated on the last days tioneers of New Of March, June, September and December, and shall therein state minutely and particularly: Orleans. First-The sums for which any goods or effects shall have been sold at every auction held by him from the date of his last quarterly account. Second-The days on which sales were made, and the amount of each day's sale. Third-The amount of all private sales made by himself or any of his partners on commission, and the days on which such sales were made. Fourth-The amount of duties chargeable on all sales, public or private, mentioned in the account. Accounts of SEC. 44. The auctioneers throughout the State, those in the auctioneers in the parish of Orleans excepted, shall settle their accounts the country to annually. be settled annu ally. be transmitted SEC. 45. Every such account shall be made in duplicate, and 1882-158. within ten days after the day on which it is dated, shall be Accounts to sworn to before any person authorized to administer oaths, and to Auditor and one copy thereof transmitted to the Auditor, and the other to Administrators the Board of Administrators of the Charity Hospital of New pital. Orleans. The form of the oath thereto shall be substantially as follows: I do solemnly swear (or affirm) that the account exhibited by me, and to which I have subscribed my name, contains a just and true account of all property of every description, sold or struck off at public sale, or sold by me at private sale on commission, whether subject to duty or not, and the day on which the same was respectively sold; that I have examined the entry of all sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects correct. The board of administrators of the charity hospital of the city of New Orleans is to have at all times access to the book required to be kept by auctioneers. of Charity Hos Written oath SEC. 46. Such oath shall be reduced to writing, be indorsed on the account, and be subscribed by the auctioneer taking it; to account. and every auctioneer of the parish of Orleans, within ten days after he shall have exhibited his account as aforesaid, shall pay to the Charity Hospital of the city of New Orleans the duties accrued on the sales mentioned in the account. Auctioneers no sales to make SEC. 47. Every auctioneer who, within the period limited for his accounting, shall have made no sales, public or private, of who have made any property, real or personal, liable to auction duties, shall an affidavit to make and subscribe an affidavit of those facts before the Audi- that effect. tor or a Justice of the Peace. to render their SEC. 48. In addition to the number of days allowed by the 1859-26. law, within which auctioneers are required to render their Time allowed accounts and make payment of commissions, they shall be en- accounts. titled to one day for every twenty miles of distance from the seat of government to the parish site of their respective parishes. Their duty SEC. 49. It shall be the duty of every auctioneer, who shall 1855-106. offer for sale jewelry of any kind or description, to announce to when offering the persons present, in a loud voice, whether the same be gold, jewelry. silver or base metal, before proceeding to sell the same; also, whether the article offered is to be sold by the lot or by the piece, and, if by the piece, the number of pieces. Every auctioneer who shall offer for sale any jewelry without first making such announcement, shall. on conviction thereof, pay a fine of not more than one hundred dollars, nor less than fifty dollars, for each offense, and said sale shall not be binding on the bidder. SEC. 50. It shall be the duty of every auctioneer, before he |