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An Act relative to courts of probates of this state, and to the register of wills of New Orleans. 1816 186 (1816.11)

handle is hein.slavery/ssactsla0083 and id is 1 raw text is: i186]
1817.   made before any judge or justice of the peace of their res-
Cse   - pective districts, it shall be the duty of the said attorney
ins tCean general and district attornies respectively, to enquire x-
kens in certain al and
oficio into the fact, by causing all the persons they shall sup.
pose to have some knowledge of the fact, to be summoned
before some judge or justice of the peace, that their depo-
sitions may be taken.
L1GRE. GUICHARD,
Speaker of the House qf Representatires.
N. MERIAM,
President of the Senate,
Approved,. February 22d, 1817.
JAMES VILLERE,
Governor of the State of 4oisiana
AN ACT relative to courts of probates of this state, and to the regis.
ter of wills of New-Orlcans.
Section 1. Be it enacted bY the Smnate and House of Re.
presentatives of the State of Louisiana, in General Issembly
Real property convened, That no sale of immoveable property, or slaves,
orslaves be-
opging to va- belonging to vacant estates, shall be made before the teri
hen old'  of one year from the time the said successions were open
respectively, unless it shall be proved at the satisfaction of
the judge of probates that an immediate sale is either ne-
necessary or advantageous to the absent heirs, for satisfying
the debts, or because the said efects are of a pePishable
nature or otherwise. And that whenever a curator of a
vacant estate shall wish the sale of any immoveable pro-
perty, or slave, belonging to such estate to be made, it shall
be his duty to prove contradictorily, with the attorney ot
the absent heirs before the judge, that the said sale is ad.
vantageous or necessary, and the decree which shall be
rendered by the judge for that purpose, shall state the rea-
sons of his ordering the sale to be made.
Sect. 2. And be it further enacted, That the curator of
Luraturto va- a vacant estate may at the end of the year, wihen his powers
becotistaned i cease, ask to be continued in the same; and it shall be the
office farm yea' duty of any judge of a court of probates within this state, to
continue such cuqator from year to year, if the said judge
deems it advantageous to the estate whereof the curatorship
is confided to him, unless, however, the heirs should appear,
in which case all the powers of the curator shall cease.
Provided, that in no case the commission allowed to the cu-
rator or curators, shall exceed two and a half per centum
on the nett proceeds of an estate, and provided likewise,
that the judge require good and sufficient security, accord
ing to law, from the curator thus continued in hie function.
Sect. 3. gnd be it further enacted, That if no heir
Judgeof  should appear within the one year next following the ap-
probate to pointluent of a curator, it shall then become tite ditY of

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