period of ten successive days in the violation of the provisions of this Section, he shall forfeit his commission and he shall be required to turn over his archives to the Custodian of Notarial Records. (Amd. Act 21, 1912, p. 28.)

Must Send Acts to Parish Recorder.

5195. [Sec. 1, Act 233, 1912, p. 521.] It shall be the duty of all notaries public within the City of New Orleans to deposit in the office of the Clerk and Recorder of the parish in which the property is situated, whenever the property affected is situated in this State outside of the City of New Orleans, within fifteen days after the same shall have been passed, the original of all acts of sale, exchange, donation and mortgage of immovable property, passed before them, together with all resolutions, powers of attorney and other documents annexed to or made part of said acts, and in the order of their respective dates, first making a careful record of said acts in record books to be kept for that purpose.

Penalty.

5196. [Sec. 2.]

All notaries who contravene the provisions of this Act shall be liable to a fine of one hundred dollars for each infraction of the same, to be recovered before any court of competent jurisdiction, one-half for the benefit of the informer, as well as for all such damages as the parties may suffer thereby.

Must Register Acts of Conveyance Within 48 Hours.

5197. [R. S. 2524.] It shall be the duty of the notaries in New Orleans to cause every deed of sale, donation, or any other sort of conveyance of real estate, passed before them respectively, even when the parties shall agree to dispense therewith, to be registered at the office of the register of conveyances for New Orleans, within forty-eight hours after the passage of said acts, and this under the penalty of five hundred dollars fine, to be recovered before any court of competent jurisdiction, for the use and profit of the Charity Hospital, and also under the penalty of being liable for all damages which the parties may suffer through the neglect of said notary to register the said acts.

Deputies.

5198. [R. S. 2527.] It shall be lawful for each and every notary public in New Orleans to appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promissory notes; provided,

that each notary shall be personally responsible for the acts of each deputy employed by him. Each deputy shall take an oath faithfully to perform his duties as such. The certificate of notice of protest shall state by whom made or served.

Conveyance Office Certificate.

5199. [R. S. 2528.] It shall be the duty of every notary public and sheriff of the parish of Orleans, before passing any act or deed of sale, to demand a certificate from the register of conveyances, showing that the vendor had not alienated in any other way the property about to be sold by him, said certificate to give a clear description of said property, and the fee of two dollars for said certificates each shall be paid by the vendor of said property. Penalty.

5200. [R. S. 2529.] Any notary public or sheriff in the parish aforesaid neglecting to procure the aforesaid certificate before passing any sale as aforesaid, shall be liable to a fine of not less than two hundred and fifty dollars, nor more than five hundred dollars, and costs of court, one-half for the benefit of complainant and the other half for the benefit of the State.

May Protest Bills.

5201. [R. S. 2531.] Notaries public in the city of New Orleans are empowered to protest bills of exchange, notes and other negotiable effects throughout the parish of Orleans, and in default of notaries and parish recorders in the country, any justice of the peace may protest promissory notes and bills of exchange in the presence of two persons residing in the parish, who shall certify and subscribe the same as witnesses.

Commissioners to Take Testimony.

5202. [R. S. 2539.] Within the parish of Orleans, any notary public or clerk of a District Court is hereby appointed commissioner to take testimony of witnesses in suits pending in the courts of the parish of Orleans, before either of whom the parties to any suit pending in any court of the parish of Orleans may proceed to have the testimony of witnesses taken in the mode and manner hereinafter specified, and said commissioners shall be vested with all the powers herein granted to the clerks of the court out of the parish of Orleans; And provided, That said commissioners, or either of them, may proceed to take such deposi

tion, on giving twenty-four hours' notice to the opposite party, or his counsel, of the time and place of taking the deposition; for this purpose, notaries public are authorized to administer oaths, and to execute commissions to take testimony issued from other States or parishes of this State in the manner required by law.

This section, authorizing the taking of depositions before a notary is not in conflict with C. P. 430, authorizing courts to issue a commission to take depositions, Lykiardopoulo vs. R. R., 127 La. 309.

No Act to be Passed Until Taxes Paid.

5203. [R. S. 3620.] Neither the sheriff nor the notaries of the parish of Orleans shall pass or execute any act for the sale, transfer or exchange of any real estate situated within said parish, unless the State, parish and municipal taxes due on the same be first paid, to be shown by the tax collector's receipt, and certificate to that purpose.

Penalty.

5204. [R. S. 3621.] The sheriff or notary public violating the provisions of the preceding section shall, upon conviction thereof, be fined in a sum not less than fifty nor more than two hundred dollars for each violation, to be recovered by the district attorney for the use of the free schools of the parish of Orleans.

Sec. 74, Act 170 of 1898 makes these provisions apply to the whole State, but Sec. 75 of that act contains no penal clause so far as sheriffs are concerned; see 5180, 5181, p. 1820.

CENTRAL OFFICE OF NOTARIAL RECORDS.

Established.

5205. [R. S. 2543.] A central office of notarial records shall be and the same is hereby established in the city of New Orleans for the purpose of preserving the records of such notaries in the parish of Orleans who officially shall have ceased to be such, either by death, removal or otherwise, whose records are not now in the custody of some other notary.

Custodian.

5206. [R. S. 2544.] The office established by the 2543d section of this act shall be under the charge of a notary public, duly commissioned and qualified, for the parish of Orleans, who shall be entitled custodian of notarial records.

Duties.

5207. [R. S. 2545.] It shall be the duty of said custodian of notarial records to collect together, and safely keep in his possession, the records of all notaries in the parish of Orleans who shall have ceased to be such, either by death, removal or otherwise, except such records as are already in the custody of other notaries; he shall keep his office in a fireproof building, in the city of New Orleans, which it shall be the duty of the Common Council of New Orleans to provide, within six months after the passage of this act; he shall classify said records according to their dates, and in such manner as will most facilitate access to them.

Appointment.

5208. [R. S. 2546.] The Governor of the State, by and with the advice and consent of the Senate, shall select a notary custodian of said office, who shall enter upon the duties of his office immediately after the passage of this act, and whose term of office shall be for two years.

Deputies.

5209. [R. S. 2547.] The custodian of notarial records shall have power to appoint two deputies, who shall be sworn according to law, and such deputies, when appointed and sworn, shall have power to certify copies of acts and records of all kinds in said office.

Fees.

5210. [R. S. 2548.] The custodian of notarial records for the parish of Orleans shall be entitled to charge and receive the same fees of office as are allowed by law to other notaries for making copies, and also a salary of six hundred ($600) dollars per annum, to be paid by the city of New Orleans monthly, and the City Council is hereby directed to budget and provide for the payment of same. (Amd. Act 176, 1898, p. 424.)

Vacancy.

5211. [R. S. 2549.] In case of death, resignation or removal of any notary public in the parish of Orleans, the depositary of notarial records of the parish of Orleans, shall be authorized to demand and take possession of all acts passed before such notary public.

State ex rel. Custodian vs. Theard, 45 A. 680; State ex rel. Hero vs. Laresche, 24 A. 148.

NURSERYMEN.

Bond Required of Drummers.

5212. [Sec. 1, Act 90, 1886, p. 128.] All drummers, or agents of nurserymen, whether domiciled in this State or other States, selling their products by displaying samples or pictures claiming to represent fruits or garden products, shall execute a bond, with good and solvent personal security, the solvency of whom shall be certified to by the president of the police jury and clerk of the court of the parish wherein the said surety may reside, except the parish of Orleans, the recorder of mortgages shall certify to the solvency of said sureties, in favor of the Governor of the State, in the sum of one thousand dollars, the same to be deposited in the office of the Secretary of State, for the security of buyers against fraudulent practices of said drummers or agents; and any person suffering loss or damage by any false representation or fraudulent practices of said drummers or agents, shall have the right to sue on said bond and recover judgment thereon, both against the principal and surety, before any court of competent jurisdiction in the State at the place where the contract or sale is made.

5213. [Sec. 2.] A certified copy by the Secretary of State shall be full proof thereof.

NURSES.

Nurses' Board of Examiners.

5214. [Sec. 1, Act 138, 1912, p. 177.] Upon the taking effect of this Act, the Louisiana State Nurses Assaociation shall nominate for appointment as examiners ten registered physicians who shall have had not less than five years' experience in the practice of medicine. The names of the ten physicians so nominated shall be submitted to the Governor of the State, who shall appoint from said number, within sixty days, a Nurses Board of Examiners to be composed of five members. One of the members of this Board shall be designated by the Governor to hold office for one year; one for two years; one for three years; one for four years; one for five years; and thereafter upon the expiration of the term of office of a person so