Duty of Prosecuting Attorney.— Whenever the judge should authorize the petitioner to execute any act or contract whereby the minor or incapacitated person is to receive money or any other values, the decision shall determine the manner in which the placing or investment of the thing acquired shall be made and it shall be the duty of the prosecuting attorney to see, as he may deem best, that the judicial decision be complied with.
The public auction of property shall take place in the presence of the marshal; property that amounts to less than two thousand dollars ($2,000).— When the court determines that the sale of property must be made through public auction, this shall be verified before the district marshal, upon prior publication of the corresponding edits in the customary places and in a newspaper with circulation in the district; but in the case of property whose value is under two thousand dollars ($2,000), the judge may waive the publication of edicts in the newspaper.
Fees.— The marshal’s fees for conducting the public sale referred to in this section shall be regulated at the rate of one percent (1%) on the property value, but in no case shall they exceed ten ($10) dollars.
Contempt.— Any violation of the order dictated by the judge shall be punished as “contempt of court”, without prejudice to the responsibility, either criminal or civil, the violator may incur.
History —Code Civil Proc., 1933, § 616; May 8, 1937, No. 70, p. 194; Apr. 30, 1946, No. 501, p. 1510; May 31, 1972, No. 57, p. 131; Sept. 13, 1996, No. 224, § 2.