SEALING OF A VERDICT, practice.
The putting a verdict in writing, and placing it in an envelop, which
is sealed. To relieve jurors after they have agreed, it is not unusual
for the counsel to agree that the jury shall seal their verdict, and
then separate. When the court is again in session, the jury come in and
give their verdict, in all respects as if it had not been sealed, and a
juror may dissent from it, if since the sealing, he has honestly changed
his mind. 8 Ham. 405; Gilm. 333; 3 Bouv. Inst. n. 3257.
SEALS,
matters of succession. On the death of a person, according to the laws
of Louisiana, if the heir wishes to obtain the benefit of inventory, and
the delays for deliberating, he is bound as soon as he knows of the
death of the deceased to whose succession he is called, and before
committing any act of heirship, to cause the seals to be affixed on the
effects of the succession, by any judge or justice of the peace. Civ.
Code, of Lo. art. 1027.
2.
In ten days after this affixing of the seals, the, heir is bound to
present a petition to the judge of the place in which the succession, is
opened, praying for the removal of the seals, and that a true and
faithful inventory of the effects of the succession be made. Id. art.
1028.
3.
In case of vacant estates, and estates of which the heirs are absent
and not represented, the seals, after the decease, must be affixed by a
judge or justice of the peace within the limits of his jurisdiction, and
may be fixed by him, either ex officio, or at the request of the
parties. Civ. Code of Lo. art. 1070. The seals are affixed at the
request of the parties, when a widow, a testamentary executor, or any
other person who pretends to have an interest in a succession or
community of property, requires it. Id. art. 1071.; They are affixed ex
officio, when the presumptive heirs of the deceased do not all reside in
the place where be died, or if any of them happen to be absent. Id. art
1072.
4.
The object of placing the seals on the effects of a succession, is for
the purpose of preserving them, and for the interest of third persons.
Id. art. 1068.
5.
The seals must be placed on the bureaus, coffers, armoires, and other
things, which contain the effects and papers of the deceased, and on the
doors of the apartments which contain these things, so that they cannot
be opened without tearing off, breaking, or altering the seals. Id.
art. 1069.
6.
The judge or justice of the peace, who affixes the seals, is bound to
appoint guardian, at the expense of the succession, to take care of the
seals and of the effects, of which an account is taken at the end of the
proces-verbal of the affixing of the seals; the guardian must be
domiciliated in the plaze where the inventory is taken. Id. art. 1079.
And the judge; when he retires, must take with him the keys of all
things and apartments upon which the seals have been affixed. lb.
7.
The raising of the seals is done by the judge of the place, or justice
of the peace appointed by him to that effect, in the presence of the
witnesses of the vicinage, in the same manner as for the affixing of the
seals. Id. art. 1084. See, generally; Benefit of Inventory, Succession;
Code de Pro. Civ. 2e part. lib. 1, t. 1, 2, 3; Dict. de Jurisp. Scelle.
No comments:
Write comments