shall be verified by the person making such request, and shall contain in addition thereto the written agreement of such person to take such treatment and to abide by the rules of said institute for the cure of inebriates; and together with the names of three (3) taxpayers in the parish or city of his residence, stating that they are familiar with the facts set forth in the petition, and that they are familiar with the financial condition and circumstances of such person and of the petitioning kin, and deem it a proper case for assistance from the parish or city wherein the said person resides.

PERSONS ENTITLED TO TREATMENT, ETC.

Sec. 2. Be it further enacted, etc., That when such petition is filed, any judge of the courts referred to in Section 1, if satisfied from examination that the facts set forth in the petition are true, and that the said person has been a resident of the parish or city named in said petition for one year next preceding the application, and that such person of his free will desires to take such treatment, then such person shall be sent to an institute for the cure of inebriates for the cure of drunkenness or morphinism, provided said institution is located in the State of Louisiana, and that the managers of such institution will agree to treat such person for a sum not to exceed one hundred dollars ($100.00); and the judge of the said court shall thereupon make an order that the expense of such treatment shall be paid out of the treasury of the parish or city named in said petition, as the case may be, in the same manner that other claims against such parish or city for the administration of justice are paid.

INSTITUTIONS FOR TREATMENT.

Sec. 3. Be it further enacted, etc., That officers of such institute for the cure of inebriates, as may be designated for the treatment of such persons, -payment for whose cure is provided by this Act,-shall become sworn officers of the court committing such person to their care, and shall have authority to enforce such reasonable rules as may be necessary for the administration of proper treatment to the patient entrusted to their care, but they shall receive no fee or compensation from any parish or city other than the sum provided for and limited by Section 2 of this Act.

MEANING OF WORD DRUNKARD.

Sec. 4. Be it further enacted, etc., A drunkard, as mentioned in the foregoing sections of this Act, shall be deemed to include any person who has acquired the habit of using spirituous, malt or fermented liquors, cocaine or other narcotics, to such an extent or degree as to deprive him of reasonable self-control.

Note. The Constitution does not prohibit the General Assembly from requiring the Parishes to pay the expense of treatment at the Keeley Cure Institute of persons contemplated by Act 157, 1894. Webster vs. Police Jury, 51 A. 1204. Where the claim for treatment is only $100, and the court below held the Act (157-1894) constitutional, the Supreme Court is without jurisdiction. Young vs. City of Crowley, 131 L. 780. See State vs. McIntosh, 136 L. 1002. Interdiction of Gasquet, 136 L. 967.

INJUNCTIONS.

[R. S., Sec. 1746.] District Judges have authority to grant injunctions, etc., at chambers.

[R. S., Sec. 1747.] Parish judges have authority to grant injunctions in absence of district judges. There are no parish judges under existing judiciary system.

[R. S., Sec. 1748.] When the sale of specific property is enjoined by the defendant or any third party, the bond shall be for an amount one-half over and above the estimated value thereof, as certified to by the officers making the seizure.

[R. S., Secs. 1749 to 1752, inclusive.] When purchaser of property seized may obtain injunction. Injunction to stay execution of judgment on plea of payment, etc. Bond required, etc. C. P., Art. 298, Nos. 9, 10.

[Bonds Must Be Furnished Before Writ Issues.]

[R. S., Sec. 1753.] It shall be the duty of the several clerks of the District Courts, before they issue any writ of injunction, to take from the party requiring the same a bond, with one or more good securities in the amount fixed by the Judge granting the order conditioned as the law requires.

Note. Act 106, 1880, p. 134, Sec. 3; Act 43, 1882, p. 54, Secs. 4, 6, as to powers of Clerks on issuing writs of injunction, printed at p. 243, title "Clerks."

The blank space left in the bond in which the amount was to be inserted, was not filled. Held, that it was not such a defect as could be cured and dissolved the injunction. Speyrer vs. Constable et als., 108 L 204. (The opinion fully discusses how far errors of this character may be remedied and the writ saved).

[R. S. Secs. 1754, 1755.] Trials of injunctions; rights of surety, of third persons obtaining writ. C. P. 304.

[R. S., Sec. 1756.] Courts are prohibited to issue injunctions to prevent sales for taxes. Governed by legislation printed under title "Taxation."

[R. S., Secs. 1757, 1758.] Jurisdiction of Third District Court of Orleans. Court not known under present judiciary system.

[R. S., Sec. 1759.] Directing that C. P., Art. 304, be changed as to manner of taking security by judges. Change embodied in existing Art. 304 of Code of Practice.

INJUNCTIONS WILL NOT ISSUE AGAINST STATE OR ITS LESSEES.

TITLE.

Act 29, E. S. 1915, p. 61.

AN ACT prohibiting the issuance of writs of injunction to restrain the exploitation of lands, river and lake bottoms, for oil, gas or other minerals where such lands or bottoms are owned or claimed by the State and where the State has leased the same for such exploitation; prescribing the remedy of the plaintiff in suits brought against the lessees, officers or employees of the State; providing a method by which the defendant in any such suit may release the product, or the proceeds of the sale of the product, obtained from such property; providing for the sale of such soil and for the deposit of the proceeds of such sale or sales at interest pending the final termination of the litigation; and repealing all laws in conflict or inconsistent herewith.

WHERE WRIT WILL NOT LIE, SEQUESTRATION, ETC.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the writ of injunction shall not lie in any suit brought against the lessees of the State, or the officers or employees of the State to restrain the exploitation for oil, gas, or other mineral, of lands, river bottoms, or lake bottoms, the ownership of which is in the State; but in all such cases the remedy of the plaintiff in such suit shall be confined to a demand that the product of such exploitation, or the proceeds of the sale thereof, shall be judicially sequestrated, until the rights of all persons asserting any lawful claim to such product or proceeds shall be determined. BONDING OF SEQUESTRATION BY DEFENDANT.

Sec. 2. Be it further enacted, etc., In all such cases the party defendant may release the product or the proceeds of the sale thereof from such judicial sequestration on giving a bond payable to the Clerk of the Court, with solvent and sufficient surety, in a sum equal to the value of the product or proceeds, such bond to be fixed in amount and approved by the court, and conditioned to require the defendant to account to the plaintiff only for the value of the oil at the date of its release, with legal interest from said date in the event that final judgment should be rendered in such suit against the defendant.

INTERLOCUTION TO SELL OIL, ETC.

Sec. 3. Be it further enacted, etc., That at any time prior to the release of oil on bond, as herein provided, the judge of the District Court in which any such suit may be pending, may on application by either party to such suit, and after due hearing, issue an interlocutory decree ordering the sheriff to sell the oil so sequestrated at the highest market price then obtainable and to deposit the proceeds of such sale or sales in a separate account in such bank or banks to be designated by court, which will pay the highest rate of interest on such deposits pending the final termination of the litigation.

REPEALING CLAUSE.

Sec. 4. Be it further enacted, etc., That all laws or parts of laws inconsistent or in conflict herewith be and the same are hereby repealed.

RIGHT OF PLAINTIFFS, ETC., TO BOND INJUNCTIONS. Act 109 of 1890, p. 137.

TITLE.

AN ACT allowing plaintiffs in injunction and third opponents to bond the property seized in certain cases.

PARTIES WHO MAY BOND INJUNCTION.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the plaintiff in injunction claiming the property or the third opponent claiming the property, whatever be the writ or process under which the property was seized, may, after the expiration of ten days from the filing of the petition of injunction or third opposition, have the property released to him, on condition that he shall execute bond in favor of the sheriff for the benefit of the persons interested, in solido, with one or more good and sufficient sureties, domiciliated in the parish, for an amount one-half over and above the value of the property, conditioned that the principal in the bond shall faithfully deliver the property or pay the amount of the bond whenever lawfully called upon to do so; which said bond shall be filed in the office from which the writ is issued, within ten days after the date thereof, and upon a forfeiture of said bond, which fact shall be made to appear by the certificate of the officer charged with the execution of the writ, the same shall have effect as a twelve months' bond, and execution shall issue thereon on application of the person or persons interested against all the parties to said bond; provided, nothing

in this Act shall be construed as interfering with the rights of other persons who may have bonded the property, according to law, prior to the filing of the petition of injunction or third opposition, nor with the rights of other persons to bond said property according to law.

SURETY ON BOND, EXCEPTION TO SURETY) ETC.

Sec. 2. Be it further enacted, etc., That upon the depositing of the forthcoming bond in the clerks' office the sheriff shall give notice in writing to the other parties to the proceedings, or to their attorneys. and within twenty days after the service of such notice the plaintiff and defendant, or either of them, may except to the surety accepted by the sheriff, as being insolvent and insufficient, by suing out a rule in open court or in chambers, calling on the sheriff to show cause, ten days after being notified of the same, why he and his sureties should not be made liable personally to the party or parties suing out the rule for the debt, in the same manner as the security received by the sheriff would have been had he proved good and sufficient. Those proceedings shall be had before the court having jurisdiction of the writ under which the seizure may have been made.

INSANE ASYLUM.

[Establishment of-Name.]

[R. S., Sec. 1760.] (As amended by Act 174, 1910, p. 259.) There shall be established in the Town of Jackson, Parish of East Feliciana, a hospital for the insane to be called "The East Louisiana Hospital for the Insane."

Note. R. S., Sec. 1760, as it stood originally, established the "Insane Asylum of the State of Louisiana," and the Act 146 of 1898, printed infra, provided for its administration under that name. The amending Act of 1910 changed the name of the Institution, but made no provision for its administration; it may therefore be assumed that the Act of 1898 still controls. See Act 92 of 1902, printed at p. 889 establishing the "Louisiana Hospital for the Insane of the State of Louisiana," in the Parish of Rapides.

BOARD OF ADMINISTRATORS INSANE ASYLUM.

TITLE.

Act 146 of 1898, p. 259.

AN ACT to provide for the Board of Administrators of the Insane Asylum of the State of Louisiana; to define its duties, to repeal Act 10 of the Acts of 1875, extra session, being an act to amend an act entitled an act to establish an Insane Asylum, and regulate the same, approved March 10, 1855, (Sec. 1761 Rev. Statutes), and also to amend an act in reference thereto, approved March 13th, 1874, and to repeal Act 47, of the Acts of 1890, being an act to provide for the appointment of the Board of Administrators of the Insane Asylum of the State of Louisiana.

BOARD OF ADMINISTRATORS, APPOINTMENT, ETC.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Governor of the State shall, by and with the advice and consent of the Senate, appoint eight (8) persons, who shall constitute the Board of Administrators of the Insane Asylum of the State of Louisiana. The members of said Board shall be appointed from the State at large, and of the first Board to be appointed, two of them shall be designated for the term of one year, and shall be chosen from among the members of the Board now in office. Two shall be designated for the term of two years,

two shall be designated for the term of three years, and two for the term of four years, and their successors shall be appointed for terms of four years each.

GOVERNOR IS PRESIDENT, EX-OFFICIO, ETC.

Sec. 2. Be it further enacted, etc., That the Governor of the State shall, ex-officio, be President of the Board of Administrators; the Board shall elect from its members a vice-president to preside in the absence of the President, and an Executive Committee of four (4). The executive committee shall visit the institution at frequent intervals, not less than monthly, and shall report its condition and management to the president of the board, and the whole shall meet not less than four (4) times a year. WHEN ACT GOES INTO EFFECT.

Sec. 3. Be it further enacted, etc., That this act shall take effect on the expiration of the terms of the Board of Administrators now in office. REPEAL OF ACT 10, 1875, ETC.

Sec. 4. Be it further enacted, etc., That Act No. 10 of the Acts of 1875, extra session, being an act to amend an act entitled an act to establish an Insane Asylum and to regulate the same, approved March 10, 1855, (1782 Revised Statutes), and also to amend an act in reference thereto, approved March 12th, 1874, and also Act 147, of the Acts of 1890, being an act to provide for the appointment of the Board of Administrators of the Insane Asylum of the State of Louisiana, and also all other laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Note. Act 78 of 1912, p. 90. The Board of Administrators of the East Louisiana Hospital for the Insane may permit the use of the railroad switch to the public and charge therefor.

R. S., Secs. 1761-1762 were amended by Act 50 of 1874, which, however, did not mention the sections of the Revised Statutes, but did mention Act 327 of 1855, on which they were based. Act 50 of 1874 was repealed by Act 146 of 1898 printed supra.

[Power of Board to Make Rules, Etc.]

[R. S., Sec. 1763.] The Board shall have power to make all rules and regulations for their own government, not contrary to law; to make all necessary contracts; provided, however, that no member of said Board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the Asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the Asylum.

[R. S., Sec. 1764.] Amended by Act 50 of 1874, which was repealed by Act 146 of 1898.

[Visiting Committee to Be Appointed, Etc.]

[R. S., Sec. 1765.] At every regular meeting, the Board shall appoint two of its members, whose duty it shall be to visit said Asylum at least once a week, for the purpose of ascertaining the manner in which the regulations are complied with, and at each monthly meeting to report the condition of the Asylum. The Board shall furnish the Legislature, on the second Monday of each session, a detailed statement of the annual receipts and ex