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any individual to bring into the State of Louisiana from any other State or country, any insane person who may become a charge upon the State, and any person violating this Act shall be punished upon conviction before any court of competent jurisdiction by a fine of one hundred dollars, ($100.00), or imprisonment for sixty (60) days, or both, at the discretion of the court, and any insane person so brought in shall be removed out of the State by and at the expense of the public carrier or individual so offending.

EXTRADITION OF PERSONS OF UNSOUND MIND.

TITLE.

Act 221 of 1918, p. 402.

AN ACT for the extradition of persons of unsound mind and render uniform laws of the various States adopting same.

UNIFORM ACT FOR EXTRADITION, ETC.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, This act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.

DEFINITION OF TERMS.

Sec. 2. Be it further enacted, etc., The terms "Flight" and "fled" as used in this act, shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the Court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding or delaying the action of the Court in which such proceedings may have been instituted or be pending, or any such departure from the State where the person demanded then was, if he then was under detention by law as a person of unsound mind and subject to detention. The word "State" wherever used in this act shall include States, Territories, districts and insular and other possessions of the United States. As applied to a request to return any person within the purview of this act to or from the District of Columbia, the words "executive authority," "Governor" and "Chief Magistrate" respectively shall include a justice of the Supreme Court of the District of Columbia and other authority.

DELIVERY OF FUGITIVES.

Sec. 3. Be it further enacted, etc., A person alleged to be of unsound mind found in this State, who has fled from another State, in which at the time of his flight:

(a) He was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

(b) He had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his person having been acquired by a Court of competent jurisdiction of the State from which he fled; or

(c) He was subject to detention in such State, being then his legal domicile (personal service of process having been made), based on legal proceedings there pending to have him declared of unsound mind shall on demand of the executive authority of the State from which he fled, be delivered up to be removed thereto.

PROCEEDURE FOR EXTRADITION.

Sec. 4. Be it further enacted, etc., Whenever the executive authority of any State demands of the executive authority of this State, any fugitive within the purvivew of Section 3 and produces a copy of the commitment, decree or other judicial process and proceedings, certified as authentic by the Governor or Chief Magistrate of the State whence the person so charged has filed, with an affidavit made before a proper officer showing the person to be a fugitive, it shall be the duty of the executive authority of

this State to cause him to be apprehended, and secured, if found in this State, and to cause immediate notice of the apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within forty days from the time of apprehension, the fugitive may be discharged. All costs and expense incurred in the apprehension, securing, maintaining and transmitting such fugitive to the State making such demand, shall be paid by such State. Any agent so appointed who receives the fugitive into his custody shall be empowered to transmit him to the State from which he has fled. The executive authority of this State is hereby vested with the power on the application of any person interested, to demand the return to this State of any fugitive within the purview of this act.

LIMITATION ON COMMENCEMENT OF ACTION.

Sec. 5. Be it further enacted, etc., Any proceedings under this act shall be begun within one year after the flight referred to in this act. INTERPRETATION OF ACT.

Sec. 6. Be it further enacted, etc., This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.

REPEALING CLAUSE.

Sec. 7. Be it further enacted, etc., All acts or parts of acts inconsistent with this act are hereby repealed.

SELLING, ETC., INTOXICATING LIQUORS TO INSANE. Act 185 of 1910, p. 274.

TITLE.

AN ACT making it a misdemeanor for any person or firm knowingly to sell, give, send to, procure or purchase for any inmate, attendant, or employee of the State asylums or hospitals for the insane at Jackson and Pineville any intoxicating liquors, except under the permission of the Superintendents of said asylums or hospitals, and providing a penalty for the violation of this Act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be a misdemeanor for any person or firm knowingly to sell, give, send to, procure or purchase for any inmate, attendant, or employee of the State asylums or hospitals for the insane at Jackson and Pineville any intoxicating liquor, except under the permission of the Superintendents of said asylums or hospitals.

Sec. 2. Be it further enacted, etc., That any person or firm convicted of the violation of Section 1 of this Act shall be punished by imprisonment in the parish jail for a term of not less than ten days nor more than sixty days, or fined in a sum of not less than ten dollars, nor more than one hundred dollars, or both, at the discretion of the court.

Sec. 3. Be it further enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

ENTERING ASYLUMS WHILE INTOXICATED, ETC. Act 165 of 1910, p. 249.

TITLE.

AN ACT making it a misdemeanor for any person to enter the grounds, premises and buildings of the State asylums or hospitals for the insane at Jackson and Pineville in an intoxicated condition or while having in his or her possession any alcoholic liquor, and providing a penalty for the violation of this Act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be a misdemeanor for any person to enter the grounds, premises and buildings of the State asylums or hospitals for the insane at Jackson and Pineville in an intoxicated condition, or while having in his or her possession any alcholic liquor.

Sec. 2. Be it further enacted, by the General Assembly of the State of Louisiana, That whosoever shall be convicted of the violation of Section 1 of this Act shall be imprisoned in the parish jail for a term of not less than ten days nor more than sixty days, or fined in a sum of not less than ten dollars nor more than one hundred dollars, or both at the discretion of the court.

Sec. 3. Be it further enacted, by the General Assembly of the State of Louisiana, That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

INSOLVENT LAWS.

[Involuntary Surrender.]

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[R. S., Sec. 1781.] Any judgment creditor who shall have issued execution, which has been returned "no property found,' after due demand, shall have the right to compel his debtor to make a surrender of his property by proceeding in the following

The creditor shall present his petition to the court, or judge at chambers, having jurisdiction of the debtor's domicile, and shall allege that he is a judgment creditor of the debtor, and for what amount; that execution has issued and been returned "no property found after due demand;" that he has reason to believe that the debtor has property or assets which may be made available to his creditors; and shall conclude with a prayer that the debtor be ordered to surrender his property to his creditors. All of which shall be verified by the oath of the petitioning creditor or his attorney." The judge shall thereupon order that the debtor show cause, within ten days from the order on him, why he should not pay the debt of the complaining creditor, or make a surrender of his property to his creditors. Should no good cause be shown, and the debt remain unpaid, the judge shall order the debtor to make a surrender of his property to his creditors within a time to be fixed by him, be amended and re-enacted so as to read as follows, viz: Any judgment creditor who shall have issued execution, which has been returned "no property found," after due demand, shall have the right to compel his debtor to make a surrender of his property by proceeding in the following manner: The creditor shall present his petition to the court, or to the judge at chambers, having jurisdiction of the debtor's domicile, and shall allege that he is a judgment creditor of the debtor, and for what amount; that execution has issued and been returned "no property found," after due demand; that he has reason to believe that the debtor has property or assets that may be made avail

able to his creditors; and shall conclude with a prayer that the

debtor be ordered to surrender his property to his creditors.

All of which shall be verified by the oath of the petitioning

creditor or his attorney. And in order to ascertain who are the

creditors of said debtor, the judge shall order the debtor to file

a schedule of his creditors within a delay to be fixed by the

judge, together with their residences and the sums due them;

and, in case all or a part of his debts consist of obligations in

the shape of negotiable instruments, the holders of which are

unknown to him, he shall give an accurate description of the

same under oath; and should the debtor fail or refuse to comply

with this order, he shall be proceeded against as provided for

in the second section of said act, for failure to make a surrender.

The judge shall thereupon order that a meeting of the creditors

take place before a notary public of the debtor's domicile, to be

held in the same form and manner as in cases of voluntary sur-

render; at which meeting a majority of the creditors, in number

and amount, shall determine whether the surrender of his prop-

erty shall be made to his creditors. In such case, the proces-

verbal of the deliberations of the creditors shall be homologated

in the court ordering the meeting, and the judge shall thereupon

order the debtor to make a surrender of his property to his

creditors, within a time to be fixed by him; provided, that in all

cases where a majority of the creditors, in number and amount,

shall oppose the surrender, the costs shall be paid by the party

making the application.

[Refusal of Debtor to Make Surrender; Penalty.]

[R. S., Sec. 1782.] Should the debtor fail or refuse to

make a surrender within the time fixed by the judge, he shall

order the debtor to prison, there to remain until he shall obey

the order.

[R. S., Sec. 1783.] The surrender shall be made and

accepted, syndics elected, and all proceedings conducted in
accordance with laws governing voluntary surrenders, and all
the laws, rules of proceeding, penalties, etc., governing voluntary
surrenders shall apply to forced surrenders in the same manner
and as fully as though a voluntary surrender had been made.

[Surrender of Property; How Made.]

[R. S., Sec. 1784.] Any person may make a cession of his

property to his creditors; provided, the surrender be made bona

fide, without fraud, and agreeable to the formalities prescribed

hereafter.

[Petition For Surrender; Contents, Etc.]

[R. S., Sec. 1785.] Every debtor who shall wish to make
a surrender of his estate to his creditors shall present his petition

for that purpose to any judge having jurisdiction; which petition shall briefly state the circumstances which oblige him to make a surrender, and conclude with a prayer to be allowed to call a meeting of his creditors, at such time and place as the court may direct, in order that he may lay before them a statement of his affairs and surrender to them his estate; and that in the meantime all proceedings against his person and property be stayed. [Schedule and Its Contents.]

[R. S., Sec. 1786.] The debtor shall annex to his petition his schedule, that is to say a summary statement of his affairs, and the losses he may have experienced, mentioning the names of his creditors, their places of residence, and the amount of their respective claims, and the schedule shall besides contain a statement of all his property, as well movable as immovable, and his rights and actions (except those which are hereafter secured to him), together with a mention of the approximate value of the property by him assigned.

[What Property Excepted.]

[R. S., Sec. 1787.] The debtor is not obliged to comprehend in his surrender any property that is not subject to be seized and sold on execution against him.

[Schedule Must Be Signed, Etc., by Debtor.]

[R. S., Sec. 1788.] The schedule shall be signed by the debtor, if he can write, and be by him sworn to or affirmed, before any judge or justice of the peace, in the following words, or others of the same meaning, to-wit:

"I, A. B., do solemnly swear or affirm (as the case may be) that the above schedule contains a correct and faithful statement of all the property I possess, either in movables or unmovables, or in other rights or claims, except, however, those articles which the law authorizes me to keep. And I do further solemnly swear that the schedule contains a correct and faithful statement of my active and passive debts, and of the losses I have experienced in my affairs, and that I have neither directly or indirectly diverted any of my property to the injury of my creditors, so help me God."

And the judge or justice of the peace who shall receive such oath shall certify the same and cause it to be signed by the debtor, or else declare the reason why he could not sign.

[Proceedings on Surrender; Order of Judge.]

[R. S., Sec. 1789.] Whenever the judge shall be convinced that the debtor who wants to surrender his property has complied with all the formalities prescribed, he shall endorse on the schedule that the cession of all the property of the insolvent is accepted for the benefit of his creditors, and shall order a meeting of the creditors to be called in the manner and within the

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