I ^- \:Jt •I -^ ^ ._^^.-^^^*^ X^ I ¥ iT '*%:EK ' ^THE L^WS • AND jaEVISED ORDINANCES OP THE W 5 43X1 OF NEW ORLEANS. 'i. k ■«(• *. r^ # «i IP' M i THE LAWS GENERAL ORDINANCES OF THE CITY OF NEW ORLEANS, TOGETHEU WITH IITE ACTS OF THE LEGISLATURE, DECISIONS OP THE SUPREME COURT, AND CONSTITUTIONAL PROVISIONS, RELATING TO THE CITY GOVERNMENT. REVISED AND DIGESTED, PURSUANT TO AN ORDER OF THE COMMON COUNCIL, BY HENRY J. LEOVY. NEW ORLEANS: PRINTED BY E. C. WHARTON, 41 CAMP STREET. 1857. Entered according to Act of Congress, in the year 1857, by HENRY J. LEOVY, In tlie Clerk's Office of the District Court of the United States, for the Eastern District of Louisiana. ffc^ PREFACE In July last the Common Council passed a resolution directing the reviser to prepare and publish all the general ordinances of the city of New Orleans, then in existence, together with Acts of the Legisla- lature and Decisions of the Supreme Court relating to the City G-ov- ernment. They also authorized him to frame, from imperfect and conflicting ordinances, new city laws for the action of the council. Under that resolution this work was compiled. In order to ascertain what city laws remained in existence, it became necessary to carefully examine all ordinances enacted by the several municipality and city councils from the time of the incorporation of the city in 1805, to the present year. During that period of over half a century, few digests were published, and many of the ordinances in- corporated in this book were contained only in old files of newspapers and manuscript works. Some idea of the extent of the labor may be inferred from the fact that, since the consolidation of the city in 1852, a period of but four years, the Common Council have adopted over thirty -three hundred ordinances and resolutions. All these it was necessary to carefully examine, not only for the purpose of selecting such city laws as remained in existence, but in order to ascertain how far they repealed ^ modified or controlled ordinances previously enacted. Under the authority to prepare new ordinances the compiler wrote and submitted to the council those relative to ^^ Offenses and Nuisances/^ "Balls, Theaters, etc. /^ "Coffee Houses/^ "Cemeteries and Inter- ments;" "Buildings/^ "Fire Limits;" "Preventing and Extinguishing Fires;" "Powder and Powder Magazines;" " Negro Traders;" "Trees;" "Stables:" "Vehicles," etc., which were all adopted. VI. PREFACE. It will be observed that bis authority to prepare new laws was con- fined to cases of conflicting and imperfect ordinances. He was therefore without power to correct mere verbal inaccuracies, of which, it is feared, too many will be found in this book. It is hoped that this statement of the difficulties with which he has had to contend, and the short time allotted for preparation, will suffi- ciently account for the imperfections of the work. All the ordinances are here printed as they were adopted, except that in most instances the enacting clauses are omitted. Where acts of the Legislature have been found too long for insertion, the compiler was unable to do more than refer to the volumes and pages, in which they were to be found. In the citations of Decisions of the Supreme Court to the sixth Annual, he has made free use of Mr. Hennen's excellent Digest of Supreme Court Decisions. It would be unjust to omit here an acknowledgement of the services of the finance committees of the Common Council, of whom Messrs. L . H. Place and N. E. Bailey are the efficient chairmen. To these gentlemen the compiler is under obligations for their suggestions and efficient co-operation. t>^<#»-*M. ^ INTRODUCTION, HISTORICAL SYNOPSIS. mmm^ In April, 1682, Robert Chevalier de 1^ Salle , un^er the patronage of Lqjjjs Xiy and the Prince de Conti, descendejj and explored to its month theMississmgi river. After an observance of the usual cere- monies, he assumed possession of the country, and claimed for France, by right of discovery, the vast territory through which the river flowed, and in honor of his sovereign, gave to it the name of " Louisiane.'* In 1687, La Salle lost his life in an attempt to colonize this country. After his death, Louisiana seems to have been forgotten by the French court until the year 1697, when a second and more successful effort was made to plant a settlement in the country, by a company under the command of Lemoyne d' Iberville, during the administration of the Count de Pontchartrain. This party, early in 1699, landed on the coast at a place they called the Bay of St. Louis, but subsequently effected a settlement at the Indian village of BiLOXi, where for many years were established the head quarters of the Louisiana colony. Antoine Le- moyne SauvoUe, brother of Iberville, was appointed the first Grovernor, and another of the brothers — Lemoyne Bienville — the first Lieutenant Governor of Louisiana. On the 14th September, 1712, Louis XIV granted to Anthony Crozat, by charter, the exclusive commerce for ten years of this province, with many extraordinary privileges, and extended over the country the laws, edicts and ordinances of the realm, and the Custom of Paris. Lamotte Cadillac was appointed Governor. By a perpetual edict, Louis XV, in 1716, permanently established the Superior Council. It mE Vlll. W^x. INTRODUCTION. was composed of the Grovernor General and Intendant of New France, the Governor of Louisiana, a Senior Counsellor, the King's Lieutenant, two puisne Counsellors and an Attorney General. Its sessions were held monthly, and it exercised the usual powers of colonial councils, and among others the right to determine, in the last resort, all cases, both civil and criminal. In provisional matters, such as in affixing seals, making inven- tories, etc., the senior counsellor officiated and presided as a judge of the first instance. Crozat had hoped to carry on. an extensive commerce with the Spanish colonies. In this expectation he was disappointed, as the Spaniards, at the request of the English government, refused to permit French vessels to enter their colonial p¥>¥tes?» Disappointed, and himself and friends i-uined, Crozat, in Mij,»u1j 1717, surrendered to his sovereign his -eharter and commercial rights and privileges. At the *tima of-this surrender, the whole population of the colony — all ages, sexes and colors — did not exceed seven hundred persons. In August, 1717, the ^'Western Company" was organized and incor- porated in France. To this company the King granted letters-patent, vesting in them the exclusive commerce of Louisiana for twenty-five years; the privilege of granting land allodially; of erecting forts and levying troops; of nominating governors and commanding officers, and the right to exercise full authority over all land, coasts, harbors and islands within the limits of Louisiana, together with unusual and very extensive incidental powers. Finding Biloxi ill adapted to the requirements of a seat of government, Bienville in 1718, selected the site and founded the city of New Orleans. Two plans for the city seem to have been executed — one in 1719 by M. de la Tour, chief engineer of the province, and the other in 1723 by M. de Pauger, a royal engineer employed by the Western Company. The land was laid off into sixty-six squares of three hundred feet each — eleven in length along the river, and six in depth, with a protection levee exten- ding some seven miles in front. The squares were separated by streets, and were each divided into twelve lots, of which ten had sixty feet front by one hundred and fifty feet in depth. A.s the city was subject to annual inundations, everj square was surrounded by a ditch or drain to carry off & m INTRODtJCTION. ll. the water. The lots were gratuitously divided among the resident pop- ulation. In January, 1722, when it became the seat of government for the whole Louisiana colony, it contained but two hundred inhabitants, and consisted of ^^about one hundred log cabins, placed without much order, a large wooden warehouse, two or three dwelling houses that would not have adorned a village, and a miserable storehouse, which had at first been occupied as a chapel.'* Subsequently, and up to the date of the transfer to the United States, it was regularly fortified and the inhabitants obtained ingress and egress by means of four large gates. The fortifications were ^, defended by military works and mounted with heavy cannon ; the gates were closed every night at nine o'clock, after which hour no one was permitted to walk the streets without permission of the Grovernor. From time to time plantations were established in the vicinity above and below the city, which were subsequently included within its incor- porated limits. At about the time of the removal of the capital to New Orleans, Louisi- ana was divided into nine cantons which were named New Orleans, Biloxi, Mobile, Alabamons, Natchez, Nachitoches, Yazoo, Arkansas and Illinois. In 1719,'some changes were made in the organization of the Superior Council, and incompliance with the demands of the people, judges were appointed for the several districts of the province. Inferior tribunals were also established, composed of one director of the company and two notable inhabitants for civil suits, and four inhabitants for criminal causes, with power of appeal to the Superior Council. In the city, two • of the members of the council held weekly sessions to try cases where the amount involved did not exceed twenty-two dollars. The Western Company failing in their anticipations, surrendered their charter to the King, in January 1732, and the commerce of the colony thenceforth became equally free to all French subjects. Judge Martin, in his. history, says, ^'It cannot be denied, that while Louisiana was part of the dominion of France, it never prospered but during the fourteen years of the company^s privilege.'* After the relinquishment of the charter, the Superior Council was remodeled to adapt it to the changes in the administration, and B* X. INTRODUCTION. during the remainder of the French reign, the affairs of the colony were directly superintended by the French Government. On the third of November, 1762, a secret treaty was signed at Paris, between France and Spain, by which the French King ceded to the Span- iards all of the province of Louisiana, lying to the west of the Mississippi, and that portion lying to the east bound'ed by the river Iberville, lake Maurepas and Pontchartrain, the Gulf and the Mississippi river, and including the city of New Orleans. In the following year, (1763,) by a treaty made at Paris in February, between Great Britain, France and Spain, France ceded to Great Britain all her possessions in North America, not already granted to Spain, and Spain gave to Great Britain, Florida, etc. By this treaty the limits of the English and Spanish possessions were "fixed by a line drawn along the Mississippi river, from its source to the river Iberville, and thence by a line in the middle of that stream, and lakes Maurepas and Pontchar- train to the sea,'^ all to the east of this line belonging to Great Britain, and that to the west belonging to Spain. Great Britain gave to that portion of Louisiana acquired from France, the name of West Florida. In the fall of the year 1766, Don Antonio de Ulloa arrived in New. Orleans with two companies oT' infantry to tak^possession, in the name of the Spanish King, of the colony of Louisiana. The people resisted, and Ulloa declining to exhibit his authority, was ordered by the Superior Council, in 1768, to leave the country. On the 18th of August, 1769, Don Alexander O'Reilly, in command of a large Spanish force, arrived in New Orleans, with authority to receive possession of the province. No resistance was made, and on that day, at three o'clock, in the presence of the French and Spanish troops, in the '^ Place d' Amies" (now Jackson square) the French flag was lowered and that of Spain unfurled, and the government passed from the hands of the French to those of the Spanish authorities. We have seen, that while Louisiana was under the dominion of France, by the charters of Crozat and the Western Company, the Customs of the provosty and viscounty of Paris, and the laws and ordinances of the kingdom of France, were extended to Louisiana. As O'Reilly made many changes in the system of laws in the province, we will, before INTRODUCTION. XL leaving the subject of the French dominion in Louisiana, very briefly explain the nature and history of the "Customs of Paris/' and this will be the loss unimportant from the fact that the Civil Code, now in exis- tence in Louisiana, owes to those customs many of its important principles. Before the fifteenth century, the French judges were compelled to decide causes conformably to " customs" of different provinces which had never been reduced to writing. Great uncertainty in the law was the consequence, until Charles VII, in 1458, ordered the " customs" to be written, by commissioners appointed for that purpose, and directed that nothing should be considered or cited as a custom that was omitted in thewritings of the commissioners. Notwithstanding this edict, the "custom of Paris" was not reduced to writing until the year 1510, during the reign of Louis XII. This work was divided into sixteen titles, and contained three hundred and sixty-two articles.* Upon these cus- toms were subsequently written able treatises and commentaries by Dumoulin, Chopin, Pithou and others. In addition to these customs, several very important ordinances were adopted in France and extended to LouisianSt ; . among others are the ^'ordinances relative to Civil Pro- ceedings, in 1667; one in relation to criminal law, in 1670; to Com- merce, in 1673 ; to the Marine, in 1681 ; tlie black code, in 1685 ; one relating to Donations, in 1731 ; to Last Wills ^nd Testaments, in 1735; and one on the subject of Substitutions, in 1737. O'Reilly's commission as Grovernor and Captain General of Louisiana, dated April 16, 1769, granted him " special power to establish in this new part of the King's dominions, with regard to the military force, police, administration of justice and finances, such a form of govern- ment as might most effectually secure its dependence and subordina- tion, and promote the King's service and the happiness of his subjects." At this time the city was composed of 468 houses, and there were 3190 inhabitants. The population of the whole colony was 13,538. O'Reilly abolished the Superior Council, and in its stead substituted Ji the Cabildo . This body was composed of nix perpetual Regidors, two 5"^ f * Those who wish to see an excellent analysis 0^ the Customs of Paris, are. referred to Schmidt's Law Journal for May, 1841, page 15. - \ Xii. INTRODUCTION. ordinary AlcadeSj an Attorney Greneral Syndic, and a Secretary, and over these officers, the Grovernor presided in person. The regular meetings of the Cabildo were held every Saturday, but the €rovernor had the power of convening it at any time. The ordinary Alcades were city judges, and tried civil and criminal cases, when the defendant did not enjoy and claim the right to be tried by a military or ecclesiastical judge. In all important cases appeals were allowed to the Cabildo. This council did not itself sit as an appellate court, but appointed for that purpose two regidors to act with the Alcade who had rendered judgment. In certain classes of cases, appeals were taken from the provincial tribunals to the Captain General, and from him to the Koyal Audience in St. Domingo, and thence to the Council of the Indies in Madrid. The Cabildo was organized on the 1st December, 1769, under the presidency of O'Reilly, who immediately after yielded the office of Grovcrnor to Louis de Unzaga, who had been appointed his successor. The officers consisted of a Captain General, a Governor, vested with civil and military powers ; an Intendant, charged with the administra- tion of the revenue and admiralty matters ; an Auditor of war and Assessor of Government, whose duty it was to furnish legal advice to the Governor; an Assessor of the Intendancy; Secretaries of the Governor and Intendant; Treasurer and Comptroller; Storekeeper and a Purveyor; Surveyor General; Harbor- Master; Interpreters; Notaries Public ; Collector and Comptroller of the customs, and some minor officers. Those who received more than three hundred dollars a year were appointed by the crown, the others by the Governor or Intendants in their respective departments. In 1775, the offices of Governor and Intendant, were united in the person of Unzaga. In every parish an officer of the army or militia was stationed, as (civil and military commandant. He attended to the police and preser- vation of the peace of the parish, examined the passports of all travellers, and suffered none to remain within his jurisdiction, without the license of the Governor. He also acted in a judicial capacity in suits, where the amount in litigation did not exceed twenty dollars. In other cases he received the petition and answer, reduced to writing INTRODTTOTION. XIU. the testimony and transmitted the record to the Grovernor, by whom it was forwarded to the proper tribunal. He was authorized to punish slaves and, to arrest persons charged with offenses, was commissioned as notary public, made inventories and sales of estates, and attended to the execution of judgments rendered in the city against parties residing in his parish. O'Reilly, in his capacity as Captain General, now issued, for the government of the colony, a system of laws prepared at his order by Uristia and de Key. They related principally to the institution of suits and proceedings in civil and criminal actions. They were taken from the laws of Castille and the Indies, and designed for the instruc- tion of judges, officers and parties litigant, until a knowledge of the Spanish laws and language could be acquired. In addition to this system, and annexed to it, he published a compendious abridgment of the criminal laws, and some directions concerning last wills and testaments. Judge Martin, in his history, observes that '^from this period it is believed, the laws of Spain became the sole' guide of the tribunals in their decisions. As these laws and those of Prance proceed from the same origin, (the Roman Code,) and there is a great similarity in their dispositions in regard to matrimonial rights, testaments and successions, the transition was not perceived before it became complete, and very little inconvenience resulted from it.^^ By a special proclamation, the Black Code, given by Louis XV, to the province, was re-enacted. In 1776, Bernard de Gralvez was appointed Governor and Intendant of Louisiana in place of Unzaga, who had received the appointment of Captain General of Caracas. In 1786, Don Estevan Miro was appointed governor, civil and military, of Louisiana and West Florida. He proclaimed stringent regulations for the government of the people, forbade them leaving the city without passports, required security for the payment of their debts before accord- ing them permission to leave-, prohibited meetings of citizens without first obtaining his consent, and directed that no one should promenade the streets at night without urgent necessity, and then only with lights. XIV. INTRODUCTION. His successor was Francisco Louis Hector, Baron do Carondelct, a native of France, who was appointed in 1791, and entered upon the duties of his office on the 1st of January, 1792. The city had not previously been lighted, and the police was deficient. In order to remedy these evils a tax of one dollar and twelve cents was imposed on every chimney. The total revenues excluding this tax, amounted to seventy thousand dollars. He caused new fortifications to he built around the city, and erected several forts above, below and behind the city. In May, 1794, under his superintendence, the Canal Carondelet was commenced, to run from the city to one of the branches of the bayou St. John, and it was completed in 1796. During this year the Cathedral, whose foundation had been laid in 1792 by Andre Almonaster, one of the Regidors, was finished at his personal expense. In 1797, the Regidors in the Cabildo were increased from their former number of six to twelve persons. Manuel G-ayoso de Lemos, in 1797, was appointed Governor. He died in 1799. The Marquis de Casa-Calvo acted as Military Governor until the appointment of his successor, Juan Manuel de Salcedo, in June, 1801. On the 1st October, 1800, a treaty was concluded at St. Ildefonso be- tween Spain and France, by which Spain promised to cede to France the province of Louisiana. On the 21st March, this cession being efifected, steps were made to take posession, and a form of government was adopted for the province. France, however, did not receive possession of Louisiana until the 30th November, 1803, when, in the presence of the French and Spanish officers, the Spanish flag was lowered, and that of France sub- stituted, and a formal delivery was made to the French commissioners. But France did not remain long in possession. By a treaty signed at Paris, on the 30th April, 1803, . Louisiana was ceded by France to the United States, and on the 20th December, 1803, the United States received possession of Louisiana, and ^'the tri-colored flag made room for the striped banner, under repeated peals of artillery and musketry." The French made no change in the laws during the twenty days of their government, and ^^the return of Louisiana under the dominion of France, and its transfer to the United States, did not for a moment effect the Spanish laws in that province." INTRODUCTION. XV. The Fuero Viejo, Fuero Juzco, Partidas, Rocopilaciones^ Leyes de las Indias, Autos Accordados and Eoyal Schedules remained parts of the written law of the territory. '^To explain these, Spanish eommenta- tors were consulted, and the corpus juris civilis and its commentators were resorted to; and to eke out any deficiency, the lawyers who came from France or Hispaniola read Pothier, D'Aguesseau, Dumouliu, etc." El Fuero Juzco was- a compilation of the rules and regulations made for Spain by its National Councils and Gothic Kings, and was published about the year 693. It was the first of the Spanish codes, was originally written in latin, and consisted of twelve volumes. It was translated into Spanish during ihe reign of Ferdinand III, in the thirteenth century. It was originally called the book of the Judges ^(El Fuero de los Jueces) and corrupted into Fuero Juzco the title under which it was printed in IGOO. El Fuero Viejo was published in 992. It was divided into five books, and contains the ancient customs and usages of the Spanish Nation. The Partidas (deriving its name from its seven parts — Siete Farttdas') is a digest or code of the laws of Spain made in imitation of the Koman Pandects. It was projected by Ferdinand III, and completed by his son and successor, Alphonso. He nominated four Spanish jurisconsults to whom he committed the execution of his plans. They commenced the work in 1256, and accomplished it in seven years; but in consequence of wars and revolutions, it was not promulgated until the year 1343. It is said to be ^^thc most perfect system of Spanish laws," and a code that may be ^^advantageously compared with any code published in the most enlightened ages of the world." From this work many of the provi- sions of our Code of Practice have been derived. The Recopilacion of Castillo was promulgated in 1567, under the authority and supervision of Phillip II. From that time until 1777 several new editions were published, and in them were incorporated laws, rescripts and edicts, enacted since the first publication of the recopilacion. This title was also given to the edicts and orders in council, which the King sanctioned and caused to be published in one volume in the year 1745. This volume is more generally known as the Autos Accordados. The Leyes de las Indias were a compilation of laws, first collected and digested by Phillip IV, which had been prepared and published for the Xvi; • INTROBtlOTION. government of the immense colonies of Spain. Being in their arrange- ment, ay imitation of the Kecopilacion of Castille, they were called Recopilacion de las Indias, and were published in 1661. On the 20th of December, 1803, Claiborne the American Governor, announced by proclamation, that the government of Spain and France over Louisiana had ceased, and that thenceforth the people of the United States were to be governed by the laws of the United States. On the 30th December, he established a court of common pleas com- posed of seven justices, from which an appeal was allowed to the Governor in all cases of over five hundred dollars. By an act of Congress of March, 1804, Louisiana was divided into two territories, and that portion, now the State of Louisiana, was denom- inated the Territory of Orleans. To the Orleans Territory a Governor was appointed for three years, who was empowered to appoint most of the civil and military officers. The legislative power was vested in the Governor and a council composed of thirteen freeholders of the territory. The act created a superior court of three judges, and the Legislature was authorized to establish inferior courts. There was, in addition to these, a United States Court with Circuit court powers. The President appointed registers and recorders of land titles, who received atid recorded titles acquired under the Spanish and French government ; and he also appointed commissioners who heard and de- termined, in a summary manner, all matters respecting laud claims. Their proceedings were first reported to the Secretary of the Treasury, and then submitted to Congress for final action. This government thus provided for the Territory of Orleans, went into operation the first of October, 1804. The first Legislature, which met in December, 1804, divided the territory into twelve counties, and for each created an inferior court composed of one judge, and at the same time, acts were passed regula- ting the practice of the courts. Thedj^nitions of crimes and the mode of proceeding were declared to be in ^cordance with the principles of the English common law, and the v^iit of ITnleas Corpus and trial by jury were introduced. This Legislature passed the first act for the incorpora- tion of the city of New Orleans. The City Council was made to consist of INTRODUCTION: « XVU. fourteen Aldermen, and the officers were composed of a Mayor, Kecorder, Treasurer, and subordinate officers. This act, which was very long, was prepared with great care, and continued the charter of the city until 1836 — when the city was divided into municipalities — and in all the recent city charters, many of its provisions have been retained. An act was also passed in 1805, creating a committee, composed of members of the Legislature and two members of the bar, instructed to prepare a civil and criminal code. This Legislature adjourned in February, 1805. In March, 1805, Congress passed another act, providing for the Government of the Territory of Orleans. It authorized the Presi, dent to establish a form of government in accordance with the ordi- nance of 1787, and similar, with several minor exceptions, to that of the Mississippi Territory. The Grovernor, Secretary, and Superior Judges, were appointed by the President by and with the advice and consent of the Senate. The Legislative Council (or Senate) was composed of five, and the House of Representatives, of twenty-five members. The -jiembers of the Legislative Council were chosen by the President, from ten persons selected by the Territorial House of Represen^|i^. The members of the House were elected by the people. ^^m The first Legislature, under the new act of Congress,^Rcmbled in New Orleans on the 25th January, 1806. They adopted a black code, of which many provisions were retained in the black code recently adopted by the Legislature, They appointed James Brown and Moreau Lislet, members of the bar, commissioners to prepare, with the aid of a committee of the Legislature, a civil code for the use of the Territory, and instructed them '^to make the civil law, by which the Territory was governed, the ground work of said code.'' The Legislature which met in 1807, abolished the county courts, and in' their stead created parish courts — one for each parish, the Judge V which was, ex-officio, Judge of probates and notary. In 1808, Lislet and Brown, the code commissioners, reported ^^ a Digest of the Civil Laws now in force in the Territory of Orleans, with alterations and amendments adapted to the present system of govern- ment,'' which was approved March 31, 1808. This work is now known c XVlll. INTRODUCTION. as the old Code of 1808 ; most of its provisions and its arrangement ■ were taken from the Code Napoleon, a projet of which had been received at New Orleans. It only "repealed such parts of the Civil Law, as were contrary to, or incompatible with it." It did not contain many important provisions of the Spanish law, and no rules in relation to the proceedings or practice of the courts. It was therefore decided, that the Spanish laws were to be considered as untouched, when the Digest or Civil Code did not reach them. In February, 1811, Congress passed an act authorizing the people of the Territory, to make a Constitution and form of government, prepara- tory to its admission into the Union as one of the States. In Novem- ber, a convention to frame the Constitution, assembled at New Orleans and completed their labors, and adjourned on the 22d January, 1812. By the Constitution thus prepared, the judicial power was [.vested in a Supreme court and certain inferior courts. The Supreme court was to be, composed of not less than three nor more than jfive Judges. Its jurisdiction was limited to appellate causes, and extended to civil cases, where the matter in dispute exceeded three hundred dollars. The Con- vention made the Kentucky Constitution their model, and adopted most of its provisions. This Constitution continued the fundamental law of the State, and unamended until the year 1845. On the 10th January, 1812, the first steamboat reached New Orleans. In April, 1812, Congress passed an act for the admission into the Union of the Territory of Orleans, and restored to it the name of Louisiana, and the act was to be in force from and after the 30th April. A few days after, another act was passed extending the limits of the new State, so as to include the country south of the Mississippi Territory, and " east of the Mississippi, river and the lakes as far as Pearl river. /Th€ first State Legislature of Louisiana assembled on the 27th June, 1812, and their first act was one assenting to the annexation of the new parishes. They organized the Supreme court and made it consist of only three judges. Hall, Mathews and Derbigny were appointed the judges. On the eight day of January, 1815, the battle of New Orleans was fought. INTRODUCTION. xix. In February^ 1815, Frangois Xavier Martin was appointed a judge of the Supreme court, and continued on the bench until March, 1846. As many parts of the old Spanish law still continued in existence and remained untranslated, the Legislature, in March, 1819, ap- pointed Lislet and Carleton to translate and publish "such parts of the laws of the Partidas as are considered to have the force of law in this State.'' This work was completed and published in two volumes, with a preliminary history of the Spanish law. The old Code of 1808, being found inadequate to the wants of a growing commercial community, Livingston, Derbigny and Lislet were appointed by act March 14, 1822, to remodel it. The new Civil Code prepared by these gentlemen, went into operation in 1825. An act, approved April 12, 1824, declares that it shall be in force from the day of its promulgation, and provides for the mode of promulgating it. In New Orleans, it was thus promulgated on the 20th May, 1825. An article of this Code repeals all laws for which the Code specially provided, and the act of 12th March, 1828, repealed all the old Code of 1808, except so much of title ten as is embraced in its third chapter, which treats of the dissolution of communities or corporations. As most of the provisions of both the old and new Codes and their general arrangement were derived from the Code Napoleon, a brief his- tory of that work, it is believed, will prove not uninstructive. We have already seen that Charles VII, by the general ordinance of August, 1453, ordered certain commissioners to reduce the Customs of France to writing, and forbade a citation of other customs, than those thus written. All the customs were reduced to writing between the reigns of Louis XII, and Henry IV. During the sixteenth century the customs were revised by distinguished Jurists, "and the jurisprudence of France began to assume unity and consistency." Dumoulin was one of the first and the ablest of the commentators. He was followed in the seventeenth century by Domat, and in the eighteenth by Pothier, whose great works reduced the French laws to a harmonious system. These great jurists were seconded in their efforts by the French Sov- ereigns. During the reign of Henry III, Lamoignon and D'Aguesseau, uuder his direction, prepared the ordinance of 1667, in relation to civil XX. INTRODUCTION. proceedings ; the ordinance of 1670, concerning criminal law ; tliat of 1673, relative to commerce ; the ordinance of 1681, on the subject of the marine ; the black code of 1685, and others. Under Louis XY, the following ordinances were adopted : — in 1731, the ordinance relative to donations ; in 1735, that concerning last wills and testaments ; in 1737, the ordinance concerning substitutions; and in 1771, an ordinance in re- lation to mortgages ; and many were enacted during the reign of Louis XVI. Finally, Napoleon, when first consul, appointed commissioners to revise and connect all the ordinances, and make one general Civil Code. The commission was composed of Tronchet, Portalis, Preameneau and Malleville. Theiv j)roJet was submitted to the courts of cassation and appeal, and underwent a rigid examination, first, in the Council of State, where Napoleon participated in the discussions, and then in the Legislative body, and was subjected to the closest scrutiny by all these and other authorities. By a decree of March, 1804, the civil laws of France were declared to be united in this work, which thenceforth became the law of the land, under the title of the Civil Code of the French. In September, 1807, the titl^ was changed to that of the Code Napoleon, by which name, in spite of the act of August, 1816, it is still known, and cited all over the civilized world. The Committee of three Jurisconsults, appointed by act of 1822, to revise the Civil Code, were also instructed to prepare a Commercial Code and a Code of Practice. That on Commerce was never adopted ; the Code of Practice was enacted in April, 1824, but in consequence of delay in promulgation, did not become law throughout the State, until 2d October, 1825; It was written in French and translated into English. By an act, approved March 25th, 1828, all rules of practice, with one or two exceptions, not contained in the Code of Practice, are declared repealed, and the act of 12th April, 1824, repeals provisions in the Civil Code conflicting with those of the Code of Practice. By section 25 of the Act of 1828, before refered to, all the civil laws in force before the promulgation of the Civil Code, with one exception only, were declared abrogated, and thus the Legislature in a law of four INTRODUCTION. XXI. or five lines, swept away those old French, Spanish and Roman laws that had been the guide and government of the people of Louisian for over a century. It may be well however, to observe that the Supreme Court has decided '^that the Spanish, Roman and French civil laws which the Legislature repealed, are the positive, written, or statute laws of those nations, and of this State ; and only such as were introductory of a new rule, and not those which were'merely declaratory — that the Legislature did not intend to abrogate those principles of law, which had been estab- lished or settled by the decisions of courts of justice."* In 1836, (Act March 8th, 1836) the city, was divided into three Municipal corporations, each having a Council, Recorder and other Municipal officers. Above these was a Mayor and General Council for the whole city. Where the Legislative powers of the Councils of the Municipalities ended, and those of the General Council began, was a question of some difficulty, and the source of never ending conflicts and quarrels. In 1840, the number of Judges o.f the Supreme Court was increased to five. In 1845, a new Constitution was created, changing many of the fundamental principles of the Constitution of 1812, and making the basis of our system, conform to that of the neighboring States. This in its turn has already been substituted by the Constitution of 1852, with which all Louisanians are doubtless familiar. In 1852, the Municipalities were again consolidated into one city government, in which the legislative power was vested in a Board of Aldermen and a Board of Assistant Aldermen, who together formed the Common Council, and the executive power was lodged in the city officers, consisting of a Mayor, Recorders, Treasurer, Comptroller, Surveyor, Street Commissioner and subordinate officers. The city was divided into three School Districts, and for each of them, the Common Council annually elected a Board of School Directors. A few days after the passage of the act of consolidation, another act was adopted by the Legislature, annexing to New Orleans the city of La- fayette, making it a fourth district, in all respects similar to the others * See Reynolds vs. Swain, et als, 13 La. Reports, page 193. XXU. INTRODUCTION. and giving it a Recorder, and a Board of School Directors. These statutes have been amended by the new city charter, enacted in March, 1856, but the provisions to which we have briefly alluded, were sub- stantially retained. It will be perceived by this brief synopsis of the history of our city and state, that while we have retained in our public relations and criminal law all that is good of the English jurisprudence, the system of laws now in existence in Louisiana is the Roman or Civil Law as we have received it from France and Spain, modified by the legislation of their sovereigns and councils, and illustrated and adorned by the commentaries of many generations of learned jurists — and adapted, by the enactments of our own Legislature, to the requirements of an age of commerce, of arts and sciences, and of unparalleled civilization. .^.♦»«^. aENERAL ORDINANCES ENACTED SINCE THE CONSOLIDATION OF THE CITY IN 1852. * Archives— City Ordinance, Nos 950, 1171, 1861, 2257. Assessors 134, 974, 3132, 3169, 3210, 3216, 3219, 3223. Attorney, City 14, 229,342,481,1448, 1861, 1980. Assistant City Attorney P^' ^^^^ ^^^^^ ^^^^^ ^^^^^ Assistant Uty Attorney | ^^^^^ 2121, 2324, 2415, 3096. Awnings, Sheds and Hanging Signs 30, 3065, 3188. Bakery, Bread ^ 1471, 1770, 3046.» Balls, etc 290,481,3131. Batture, 3029. Bonds and Securities 130, 233, 2148, 3205. Buildings, Builders, etc 2044, 3191, 3192. Burials and Burial Grounds { ^19^97,^105,^2^34, 3174^ Cemeteries, (see "Burials,'^ etc.) Census Commissioners 18, 89, 192. Chain Gang 1489, 2493, 2902, 3179. Chimneys — Stoves .- 2 1 79. City Clock 89, 3041. Claims 2370, 2573, 2932,2975. Coffee Houses 195, 668, 985, 1593, 1947, 1667, 1848, 3134. Collectors of Taxes, etc 27, 164, 167, 2238, 2420. (41, 57, 102, 246, 327, 391, 392, 554, 588, Committees, ] 1015, 1679, 2131, 2175, 2176, 2212, 2321, (2561, 2926, 2932, 2939, 2959, 3136. Common Council, 330, 1446, 1623, 1633, 2790, 2855, 2866. Comntroller I ^^^ ^^^^ ^^^' ^^^^ ^^^^' ^^^4' 1^^^' ^^^^> ^099, 2141, l^omptioiier.... | 2175, 2176, 2375, 2588, 2634, 2862, 3017, 2954, n ri . in-f ri i.f f ^^2, 842, 1307, 1308, 1442 §17, 1759, Consolidated City Deot,.... | ^^28, 1931, 2542, 2603, 2730, 3233! * The numbers referred to are those of the city. The Ordinances are all kept at the City Hall, and have been numbered since the year 1852. XXIV. GENERAL ORDINANCES. n , ^.. A n , ^ f 233, 246, 286, 318, 455, 722, 1394, Contracts and Contractors, | 1^94^ i54o; 1696, 2156, 2975. Coroner 239, 2254. Cotton Presses and Pickeries w 977, 3150. Draining 46, 2519, 2587, 2846, 2906. Elections 36,121. Evening Gun 292,702, 1824, 3203. Factories, Slaughter Houses, Tanneries, etc 2084, 1601. Ferries 1937. Fire 3172. p. p. . . ("217, 646 2178, 2206, 2347, 2455, i^ire i^epartment |2492, 2540,2560,2744, 2913,3228. Mre Bells P^^> ^^^^ ^^^^ ^^^^^ ^^^^^ ^^^^^ ^^^^-^^^^^ |l803, 1815, 1898, 1950,' 2040, 3042. Fire Limits 3191. Fiscal Agent 2136, 2141. Flatboat Basin 2204. Foreign Paupers 2203. Forges, Foundries and Steam Engines 3176. Gas Works Company 3171. Gunpowder and Powder Magazine 3193. Health, Board of 1145, 2295. Houses of Refuse I ^^^ ^^^ ^^' ^^^^ ^2^' ^^9, 425, 715, »±iouseb 01 iieiuge | 794,1015, 1261, 1340, 1440, 2123. Insane Persons, etc 276, 842, 1358, 1794, 1817, 1908, 2323, 3224. Insurance 587, 1820. Keeper of Court House 458. Lamps, Gas, etc... 355, 671, 1543, 2083, 2137, 2344, 2360, 2802, 2924. Lewd Women 3267, 3318. McDonough Estate 1569, 2134, 2307. (28, 197, 297, 418, 616, 639, 684, 831, 871, 976, Markets -{ 1143, 1767, 1776, 1860,2029, 2144, 2329, 2419, ( 2458, 2459, 2467, 2500, 2611, 2677, 2833, 3190. Mayor 416, 1879, 2828, 2203, 2100, Arts. 6 and 7, 2934. Negroes 1537, 3203. Negro Traders and Slave Marts 3148 New Orleans 479, 2270, 1986. Notary, City 73, 1696, 2156. r 500, 688, 789, 1286, 1344, 1590, 1894, 1954, Offenses ] 2074, 2084, 2204, 2218, 2330, 2463, 2538, ( 2919, 418, No. 27, 1990, 3121. Offices and Officers P^^' ^^^^' ^^^^^ ^^^^^ 2^^^' ^^^^> ^^^^^ umcesanavjmcers....|22l2, 2295, 2324, 2365, 2847, 2848, 2857. Official Paper, Advertisements, etc. j ^ -^^j"^ ' 222I 2257 2767 ''^8*66 Ordinances 66, 416, 472, 1256, 1986, 2292,' 2"950,'3043^ 3200.* Orphans 420. Oysters 502, 904, 1098, — 418 Art. 29. Physicians, City 69. s9 GENSRAIi ORDINANCES. XXV. Revenue- Salaries Police Demrtment I ^^^ ^^' ^2, 119, 290, 293, 450, 451, 511, 554, roiice iFepartment.. | ^^^^^ ^^^o, 1674, 1776, 2100, 2172, 2366, 3089. Porters 1023, 1366, 2099, 2264. Pounds 1 465, 684, 746, 751, 1116, 1520, ^^ ^ ' {1755,1870, lOUO, 1983, 2006, 2809. Powder 1376, 3193. Public Scliools..l2, 193, 951, 983, 1084, 1666, 2357, 2132, 2692, 2990. Quarantine 1187, 1933. Quick Lime. (26, 37, 704, 1463,1464, 1577, 1591,1698, Railroads ] 1804, 1902, 1929, 2080, 2290, 2524, 2623, ( 2659, 2689, 2699, 2779, 2785, 2829, 3160. Recorders P^^^ ^^^^ ^^^^ ^^^^ ^^1> 1537,2161, itecoraers 1 2627, 2903, 2324, 2369, 2931, 2935, 3211. 521, 535, 658, 668, 719, 826, 904, 985, 1098, 1278, 1331, 1541, 1746, 1903, 1928, 1929, 1930, 1986, 2014, 2033, 2152, 2324, 2531, 2542, 2543, 2545, 2552, 2553, 2608, i^ 2622, 2645, 2646, 3124, 3156, 3160, 3184, 3233, 3234. 7, 8, 9, 54, 70, 132, 238, 351, 377, 396, 546, 639, 724, 1124, 1200, 1366, 1489, 1509, 1516, 1520, 1623, 1633, 1640, 1668, 1674, 1679, 1794, 1861, 2040, 2100, 2134, 2139, 2165, 2178, 2264, 2316, 2329, 2931, 2934, 2935, 2957, 3017, 3018, 3019, 3106, 3139, 2348, 2349, 2366, 2375, 2406, 2557, t 2828, 2855, 3017, 2957, 2941, 3054, 3211, 2926. Salt 490- Seal, City 101. Slaughter Houses 2084 Slave Marts, etc 3148. Slaves and Free Persons of Color .....3203. Smoke Houses ^ 3149. Stables, Dairies, etc 1642, 2681, 2873, 3175. f 17, 37, 90, 360, 451, 457, 568, 724, 859, 905, Street Commissioner ^^^^^ ^^^^^ ^^^^^ ^^^^^ ^^'^^^ ^^^^^ ^^^^' street i^ommissioner. - -^^g^^ ^^^^^ -^^25, 1937, 2084, 2164, 2165, [ 2365, 2557, 2683, 2791, 3054, 3069, 3139. 145,278, 296, 299, 395, 533, 642, 703, 724, 751 §6, 799 800, 955, 1031, 1038, 1048, 1131, 1286, 1344, 1504, Streets.... ^ 1586, 1600, 1625, 1670, 1682, 1717, 1851, 1954, 2115, 2124, 2143, 2222,2314, 2353,2354,2632, 2658, 2683, 2791, 2793, 2842, 2843, 2844, 2864, 2901, 3304. Sugar Platforms 705, 2597. Q ( 50, 133, 136, 238, 359, 455, 724, 1031, 1387, 1509, 1531, ^.urveyor. | ^^^^^ ^^^^^ ^^^g^ 2164, 2166, 2316, 2406, 2957. ^ f 10, 190, 589, 1064, 1442 §6, 1986, 2141, iieasurer 1 2208, 2357 §2, 2633,2634, 2645,3106. Trees 3170. Vni.;.inc f796, 751 §5, 1870, 1722, 1727, 1913 §12, ^^^^^^^^ I 1823,1859, 2535, 2577, 2920, 3012,3216. XXVI. GENERAL ORDINANCES. Water Works....... 2279, 2684, 2949, 3171. Wharfingers... 54, 137, 490, 905, 1147, 1265, 1508, 2237, 2204, 3151. f 56, 68, 164, 279, 309, 396,490, 549, 640, 661, 665, I 686, 691, 713, 719, 878, 898, 1088, 1093, 1102, Wharves \ 1125, 1178, 1196,1237, 1543, 1588, 1893, 1977, 2003, 2004, 2065, 2229, 2272, 2287, 2364, 2420, 2437, 2577, 2598, 2600, 2682, 2700. Wharves Nuisance and Boats 1^^^ ^42, 359, 822, 921, 1109, 1182, WJiaiveb, JNmsance,ancl±Joats. j -^ggg^ -^^^^^ -^^^^^ 2267, 2598, 2660. f 67, 257, 351, 399, 450, 1608, 1621, Work-House and Prisons ] 2139, 2150, 2520, 2615, 2688, 2639, ( 2786, 2854, 2875, 2951, 8006, 8008i ^^«^f^>») THE LAWS AND REVISED ORDINANCES OF TlIK CITY ¥ K E W K L H A X S ARCHIVES. No. 1. That tlie city attorney be, and lie is hereby autliorized Keeper of ar- to appoint a clerk at a monthly salary of one hundred dollars, duties. whose duty it shall be, in addition to other duties that may be imposed upon him by the said city attorney, to take charge of all the archives of the late municipalities, and of the general council, and of plans and titles of city property, and of the books and papers appertaining to suits in which the city is interested, and to arrange the same in the office of the city attorney as a portion of the records of his office; the whole to be under the supervision of said city attorney. It shall also be the duty of said clerk to place all the ordinances passed by the common coun- cil under their proper heads, so as to form a collection of city laws at all times easy of access and classified for reference. City Ordinance, No. 1861. No. 2. One copy of each newspaper published in the city of papers to b« New Orleans shall be furnished to the mayor's office and board of ^'^'P'* assistant aldermen, and it shall be the duty of the secretaries of said offices to keep said newspapers regularly on file as part of the public archives of said city. City Ordinance No. 2257. See No. 210. ASSESSORS.—Sec ^^ Board of Asse^soks," No. 69, 1 Prepare docu meats. ATTOllNEY, CITY. Elected every two No. 3. (1.) The comuion council shall elect every second ^*""' year, at their first regular meeting in May, an attorney for«the city of New Orleans, who shall be the legal adviser of the com- mon council, and of any officer of the city, upon all matters which may be submitted to him for his opinion. His office. No. 4. (2.) He shall keep his office in the city hall, in such room as may be appropriated by the council. His duties. No. 5. (3.) He shall represent the corporation in all judi- '•cihl proceedings, suits, actions, or contestations in which the city 3uay have an interest; and shall prosecute and defend all actions V, uicli aidf be brought by or against the city or any officer there- of, for and by reason of any matter or duty connected with or growing out of their respective offices, or in which the corpora- tion is interested in any court of this State. Draft ordinances. No. 6. (4.) He shall draft sucli ordinances as may be required of him by either board of the common council, or any other committee thereof. No. 7. (5.) He shall, when reijuired by the mayor, treasurer, comptroller, or surveyor, prepare any bond, contract or other document, required by either of said officers; shall inspect, pre- vious to being executed, all accounts or contracts to be made by the corporation; and shall require that the interests of the city be protected therein, by proper and fitting conditions and specifications. . Keep records of No. 8. (6.) He sliall keep in proper books a record of all ac ions, e c. actions prosecuted or defended by him, and all proceedings had therein; shall, whenever a judgment shall be rendered against the city, report the same forthwith to the mayor, and to the council, and whenever said judgment may, in his opinion be erroneous, appeal the same, if the same be appealable. Payment of No. 9. (7.) He sliall, immediately upon the recovery of any moneys. ^^^^ ^^^ ^^^ Corporation, forthwith pay the amount thereof into the city treasury, stating the nature of the debt, the person against whom, and amount and time of recovery. Semi-annual ]So. 10. (8.) He shall semi-annuallv, in the months of June reports. . . and December, report to the council the titles and nature of all actions in his hands, prosecuted or defended by him, and then pending, and undetermined, with such other information m- relation thereto as he iiiay consider proper ATTORN KY, CITY ASSISTANT. ."> No. 11. (9.) The salaiy paid the eit\' attorney shall be a full Salary, compensation for all services rendered to the corporation or any officer thereof, and no fee or extra compensation shall in any case be paid him. No. 12. (10.) He shall, upon the expiration of his term of Duties at end of omce, or removal therefrom, or resignation thereof, forthwith, on ^^' demand, deliver to his successor in office all paf)ers, deeds, or contracts in his hands, belonging to the corporation or delivered to him by any officer of the corporation, and all papers in actions or proceedings prosecuted or defended by him and then pending ^ or undetermined, together with his books of record thereof, and of the proceedings therein. City Ordinance, N«. 1448 . Approved March 30, 1854. For his Clerk, see Xo. 1. Tor his dJities as to Insane!* Persons, see No. 386. '•' " as to House of Refuge, see No. 376. ^* « as to Injunction Bonds, see No. 25. ACTS OF THE LEGISLATURE. Src. 24. Be it further enacted, etc., That the common council shall, Election of in the month of July next, and every two yeai's thereafter, elect, viva voce, in joint meeting, a treasurer, a surveyor, an attorney, and one assistant attorney, said officers shall enter upon their several offices on the first Mondav of August following, and shall hold the same until When they shall . , . " T n 1 • 1 T 1 , ^ go into oflSice. their successors are qualined, provided that at the iirst election the comptroller shall be electeced for only one year. The present comp- troller, treasurer, street commissioner, surveyor, city attorney and as- sistant city attorney, shall hold over until the first Monday in July next, or until their successors are qualified. — Act of 1856, page 141. Sec. 35. Be it further enacted, etc., That the city attorney shall be ©"ties of city the legal adviser of the corporation in all matters in which his advice may be necessary, and represent said corporation, within the State, in all judicial proceedings, suits, actions and contestations in which it may have an interest, as hereinafter provided. No extra compensation To receive no or fee shall be allowed him ; and no other attorney shall in any case be compensation, appointed to assist him, unless by a vote of two-thirds of the members present of each Board of the Common Council. He shall receive a Salary of city salary of $4,000 per year.— Act of 1856, page 146. attorney. See Act of 1856, page 166, sect. 125. ATTORNEY, CITY ASSISTANT. No. 13. (1.) The common council will elect annually, at Annnaiiy elected their first regular meeting in May, an assistant attorney, whose ATTORNEY, CITY ASSISTANT. To institute cer- tain suits. Appeals. Weekly reports. Weekly pny- menis. His books. Annual report. Compensation. Duty to succes- sor. duty it shall be to collect the bills of all defaulting tax payers, all bills of all persous in default liable to license tax, and tlie fine denounced by law or any ordinance of tlie city, for violations thereof. Amended, see No. 23 and 24. ^ No. 14. (2.) He shall institute all suits against defaulting tax payers in the manner and time and with the formalities required by law; all suits for the recovery of license tax or other dues, immediately after receiving the bill or claim from the comptroller or treasurer, and all suits for the violation of any ordinance, upon the complaint of any officer of the city. No. 15. (8.) He shall appeal all cases in which judgment shall go against tlio corporation, unless the city attorney shall, in writing, advise him not to do so. No. 1(). (4.) He shall on the first Saturday in each month, report to the comptroller a statement under oath : 1st, of all moneys received by him before judgment : 2d, of all suits prosecuted to judgment, whether the amounts claimed therein have been for or against the corporation, whether execution has been issued thereon, and if so whether collected ; 3d, a particular account item by item, of all penalties or other moneys which he may have received, respectively, and on what account, and when paid. No. 17. (5.) He shall forthwith pay over to the treasurer any sum found due by him on such account, and shall take his receipt therefor and forthwith exhibit the same to the comptroller. No. 18. (0.) He shall keep in proper books a record of all suits instituted by him, and of all proceedings therein. No. 19. (7.) He shall annually, in the month of February, report to the common council, the titles of all suits in his hands, prosecuted by him for the corporation, then pending, and uncollected, with the state and nature thereof, and such information as may be proper. No. 20. (8.) The fees payable to the assistant city attorney by law, for collection of dues to the city, shall be a full compensation as between him and the city for all services rendered by him. No. 21. (9.) He shall, upon the expiration of his term of office, or resignation thereof, or removal therefrom, forthwith, on demand, deliver to his successor in office, all books and papers in his possession, belonging to or delivered to him by any officer of the city, together with his record of suits and proceedings thrreon. ATTORNEY,, CITY ASSISTANT. No. 22. (10.) He slmll^ before entering on the discharge of His bond. the duties of his office, give bond in the sum of ten thousand dollars, with two good and sufficient securities conditioned for the faithful performance of the duties of his office; and the cou^il shall have the right to require new or additional securities whenever they deem that given insufficient. City Ordinance No. 1448. Approved March CO, 1854. No. 23. (1.) That the eleventh section of the ordinance No. Amending xo.!.*?. 1448, which reads as follows : ''The common .council will elect annually at their first regular meeting in May, an assistant attorney, whose duty it shall be to collect the bills of all defaulting tax payers, the fine denounced by law or any ordinance of the city for violations thereof," be, and the same is hereby, amended so as to read as follows : No. 24. (2.) The common council will, annually, at any nia election and meeting during the month of April, elect an a.ssistant attorney, whose duty it shall be to collect the taxes due by all defaulting tax-payers, all sums for licenses due this corporation from all persons who shall be in' arrears for the same, as well as all fines denounced by law or the ordinances of the city for any infraction of the same ; and that the assistant attorney so elected shall enter upon the discharge of his duty on the first Monday of May following his election. City Ordinance No. 21'21. Approved April 14, 1855. No. 25. That in all cases where injunctions granted a2;ainst , . . ^ Till'' '^t- Injunction bonds the city or its omcers are dissolved, the city attorney in his department, and the assistant city attorney in his department, be authorized to institute suits on the injunction bonds to recover damages, whenever, in the opinion of these officers, the injunctions were issued without legal cause. City Ordinance No. 1980. No. 26. That the city assistant attorney be, and he is hereby Not to sue in cer- instructed not to place any claim of the city in suit in any court ^^^^ courts. where the justice or clerk of the court have failed to furnish weekly, full and prompt returns of moneys collected by them ; and the assistant attorney is further instructed to report weekly to the council or the finance committee, any such delinquency of any officer of court receiving money for account of this eoi-poration. City Ordinance No. 1713, No. 27. That the assistant attorney be and he is hereby canceiin^of authorized; in all cases when he shall be satisfied by proper J«<^smeuts. ATTCTION S AND AUCTION K F.IJ S ovidence tluit the persons against whom judgment have b any person acting as auctioneer, to purchase, either directly or indirectly, chasing at their any property at a sale made by him, and any such sale shall be null and ^^^'^ ^'*^^^- void. Sec. 20. Be it farther em cted, ^c, That auctioneers shall make in In -what cases person all sales advertised by them, except in case of temporary absence may hiive°Tsaic or sickness, in which event thty may appoint any one of duly licensed made for him by auctioneers of the city or parish to act for them ; such appointment shall not be made without the written consent of the securities of the auctioneer, which written consent shall prevent the securities from pleading any exemption from their responsibility on the bond of the auctioneer in consequence of any appointment made under the provisions of this section. Sec. 21. Be it further enacted, ^c, That no auctioneer in the city of Restrictions as to New Orleans shall, at the same time, have more than one house or store tioWaies.^ for the purpose of holding his auction of dry goods sales, and one for the purpose of holding his grocery sales. He may sell at different exchanges in the city or at private stores, when called upon to do so by the owners, any kind of moveable or immoveable property. He may sell in the public streets or on the levee all goods sold in original packages as imported, household furniture, and such bulky articles as are usually sold at such places. And every auctioneer, on the first day of November of each year, shall designate, in a writing signed by him, such house or store, and shall also name therein the partner, if any engaged with him in business, and shall deposit the writing or declaration with the auditor. Sec. 22. Be it further enacted, ^c, That no auctioneer shall demand per ccntage to be or receive a higher compensation for his services than a commission of P*^*^ auctioneers. two and a half per cent, on the amount of any sale, public or private, 2 10 AtTCTlONS AND AUCTIONEERS. made by liim, and on sales of succession property, of property belonging to minors, or in which they may be interested, and on property surrendered by insolvents, made pursuant to an order or decree dl any court of the State, by the sheriff or an auctioneer, upon all sums under twenty-five hundred dollars one per cent, and on all suras over that amount one-half of one per cent. In all sales made by the representatives of a succession or syndic of an insolvency they shall charge no commission. Certain^laws g^c. 23. Be it further enacted, etc., That all laws or parts of laws conflicting with the provisions of this Act, and all laws on the same subject-matter, except what is contained in the civil code and code of practice, be repealed. — Acts of 1855, p. 106, An Act relative to Judicial and other Sales made at Public Auction. Si^CTiON 1. Be it enacted by the Senate and Houst of Representatives of Statement in the kUate of Louisiana in General Assembly convened, That in all auction time and place of sales made by sheriffs, auctioneers, or others authorized to sell at public advertising. auction, which are required by law to be preceded by advertisement, it shall be the duty of the officer making the sale, in his process verbal or act of sale, to state the manner, time and place of making such Effect of sucli advertisements ; which statement, when so made, shall be proof of the manner, time and place of making the advertisement, rroof of sale to Sec. 2. That when any question shall arise out of any public sale, ovideiiTe ofTegal "^^*^^^ ^J ^^^J person authorized to sell at public auction, and which advertisement, sale was required by law to be preceded by advertisements, the sale being proved, it shall be prima facie evidence that the legal advertisements were regularly made. Responsibility Sec. o. That if any person authorized by law to sell at public Tert"ise^*^°*^ ^° ^^' ^^^^^^^^ shall fail to advertise as required by law, he shall be personally liable for all damages which may result therefrom. Prescription Sec. 4. That all informalities connected with or growing out of any ities growing out public sale, made by any person authorized to sell at public auction, of public sale. ghall be prescribed against by those claiming under such sale, after the lapse of five years from the time of making it, whether against minors, married women, or interdicted persons. Property to bo Sec. 5. That all property, real and personal, sold at auction, shall highest bidder in all cases be struck off to the highest bidder, except such as may be !!^rfi'* ^° certain limited, which shall be announced by the auctioneer before the bidding commences ; and when the owner, or any person employed by him, shall be such bidder, they shall be subject to the same duties as if struck off to any other person. All auction sales Sec. 6. That all sales of goods in the city of New Orleans by public in New Orleans *= to be made in the auction, excepting sales of books, shall be made in the daytime, between frrboorrs"nri--d sunset. Penalty for not Sec. 7. That it shall not be lawful for any auctioneer, or person acting producing certifi- as such, to Sell any real estate or slave, without first producing and cate of mortgage. .. ./ ' . _ - reading a certificate of mortgage, showing the mortgages and incumbrances recorded against the property offered, under a penalty of five hundred dollars foi* each offence, to be recovered by the purchaser. AWNINGS, SHEDS AND HANGING SIGNS. 11 Sec. 8. That all judicial sales throughout the State, made in Judicial saleg, by pursuance of any order, judgment or decree of any court of this State, ^'^^^ made, (except that of justices of the peace,) shall be made by the sheriff of the parish where such sale is made, except in the cases hereafter provided. Sec. 9. That all sales of property of successions, of property Succession sales, belonging to minors, or in which minors are interested, made pursuant ^ ^ om ma e. to an order or decree of any court of this State, may be made either by the sheriff or an auctioneer of tlft parish or city in which such sale is to be made, or by the representatives of successions ; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff or by such auctioneer as shall be selected by the parties or by the representative of the succession. Sec. 10. That all process-verbals of sales of succession property, Process verbal signed by the sheriff or other person making the same, by the purchaser tic acts. and two witnesses, are declared to be authentic acts. Sec. 11. That the sheriff, or other person making sales of succession Notes and secu- property on credit terms, shall be authorized to receive for tiic price taken.^ ^ °°^ the notes of the purchasers, and identify them by description in the adjudication. The securities on the notes shall in all cases be approved by the vendor or the party representing him. Sec. 12. That on the registering of such process-verbals of sales in Duty of recorder the office of the recorder or register of conveyances of the parish convevances^ where the property so adjudicated may be situated, the recorder or register shall be authorized to indentify with the sales the notes or bonds received, as above stated, by his paraph, in order that he may raise the mortgage when they shall have been paid. Sec. 13. That in all cases where judicial sales of property are Certain sales required to be made in the parishes of St. Bernard, Plaquemines and New OrleTns.^ ^" Jefferson, it shall be laA ful to cry and adjudicate the property in the city of New Orleans, if thereto requested by the party at whose instance the order of sale was issued ; and in case of sales under writs if thereto requested by all parties interested. Sec. 14. That all laws orpartsof laws conflicting with the provisions Certain laws of this Act, and all laws on the same subject-matter, except what is ^*^^^^^ ' contained in the civil code and code of practice be repealed. — Acts of 1855, p. 76. AWNINGS, SHEDS AND HANaiNG SIGNS. No. 29. (1.) Itshall not be lawfulforthe tenants or occupants What unlawful, of stores or dwellings to suspend or hang over the sidewalks or footways, any awnings, sheds or hanging signs, unless the same be at least eight feet above the level of said sidewalks or footways, under a penalty of ten dollars per diem for each and every day 12 AWNINGS, SHEDS AND HANGING SIGNS. Duty of police. Duty of street commissioner. When to take effect. Repealing clause Awnings mask' ing lights, etc. To be covered ■with tin, etc. Erected under street commis- sioner. Amending No. Si said awnings, shed or signs remain, after being duly notified for the removal of the same. No. 30. (2.) It is made the duty of all police officers to report to the commissioner of streets, or any of his deputies, any infringements of the foregoing section. No. 81. (3.) It is hereby made the special duty of the commissioner of streets, or his deputies, to prosecute to conviction any violations of this ordinance, after due notice has been served as aforesaid. No. 32. (4.) This ordinace shall not take effect until after it shall have been published by the mayor in the official journal for twenty days. No. 33. (5.) All ordinances or parts of ordinances, contrary to the foregoing, be, and the same are hereby, repealed. City Ordinance No. 30. Approved May 17, 1862. No. 34. (1.) That the street commissioner be and he is hereby directed to notify all such persons as may have erected awnings or sheds, covering the banquettes in the city, and which in anywise mask any of the street lamps or prevent said lamps from giving a full light on the banquettes and streets, to alter and change the same so as not to obstruct the light from said lamps ; and that said awnings or sheds be rendered fire-proof by covering the same with tin, or any substance non-ignitable in the event of fires adjacent; and that in default of compliance on the part of said person or persons, v Ithin ten days from said notification, the person or persons, so I'ailing to alter or change said awnings or sheds, shall pay a fine of $5 for each and every day they shall neglect to make such alteration or change, recoverable before any court of competent jurisdiction, for the use of the city. No. 35. (2.) No person or persons shall hereafter erect any awning or shed within the limits of the city, except under the direction of the street commissioner ; all ordinances or parts of ordinances conflicting with the foregoing are hereby repealed. City Ordinance, No. 3065. Approved Nov. 7, 1856. No. 86. Resolved, That ordinance No. 8065 be so amended that awnings alone within the fire limits of the city shall be required to be covered with non-ignitable substances to protect them from fires adjacent. City Ordinance, No. 3188. BAKERY.— BREAD, 13 BAKERY.— BEEAB. An Ordinance for establishing the assize and regulating the weight and inspection of tread. No. 37. (1.) Every pergon intending to undertake the Must enter , , . , . , , , name at mayor's baking business, or any such person or persons who may be office, etc. engaged in the same, either in person, or by. employing any other person to carry on the said trade or business under his or her directions, or for his or her profit, within the limits of the city of New Orleans, must, previously to his or her commencing in that business, make a declaration of his or her intention at the mayor's office, and have his or her name entered in a book kept for that purpose ; and, in default, shall be liable to a fine of twenty-five dollars, recoverable before any court of competent jurisdiction, for the benefit of the city. No. 38. (2.) Every baker shall cause all loaf bread whatsoever, Loaves to bo which he or she shall bake or cause to be baked, to be marked ™^'^^^'^' ^^'^' with the initial letter of his or her name or names, or any other particular mark plainly to be seen, and it shall be the duty of the bakers to make known their respective stamp or mark at the mayor's office, and the said mark shall be designated after their names in the book above mentioned. No. 39. (3.) All bakers or other persons using or carrying Quality of flour, on the trade or business of a baker, as aforesaid, shall make or cause to be made all their loaf bread of good and wholesome flour, and they shall give it the. weight which may be fixed by virtue of the present ordinance or any other ordinance hereafter passed relative thereto, by the common council ; and further, all bakers or persons using or carrying on the trade or business of a baker, shall only be allowed to sell or expose for sale, loaves of bread of the value of two dimes, one dime, or half dime^ provided every half dime loaf shall have one-half of the weight fixed by the tariff for the one-dime loaf, and every two-dime loaf shall have double the said weight. No.- 40. (4.) Bakers, tavern keepers, and other persons selling Weights and bread, or off'ering the same for sale, are required to have weights and scales, duly regulated by the standards; and the inspectors of weights and measures are authorized to proceed to try them, agreeably to the law respecting weights and measures. No. 41. (5.). The mayor will direct the police officers and SScerfaff'^" the commissaries of the several markets to inspect and examine, ™issaries of 14 BAKERY. — BREAD. within the several wards and districts of this city^ at least once a week, all loaf bread baked by or on account of the bakers, in order to ascertain whether the same is made of good and wholesome flour, whether the same is marked as is hereby required, and to ascertain the weight thereof, and to determine whether the weight be sufficient according to the established assize ; and for these purposes every such police officer and commissary duly authorized, shall have power and authority, at any time between the rising and setting of the sun, to enter any bakehouse shop, storehouse, or any other building, or inclosure where any loaf bread is or shall be baked, stored, deposited, or kept, as also to enter any tavern or other house, where any loaf bread is deposited or kept, to be sold to the public. And the police officers, watchmen, commissaries of the markets, or other white persons, are duly authorized to stop and detain all bakers or other persons, slaves or free, carrying for sale bread in baskets, or otherwise, through the public streets ; and in the two cases aforesaid, after having inspected and weighed said bread, if the police officer, or other persons duly authorized, finds that it is, in whole or in part, unstamped, or wanting in weight, or not baked agreeably to the present ordinance, he shall conduct the offender or offenders before one of the recorders of the several districts, who will pronounce the seizure and confiscation of said bread for the use of the city workhouse, and, in addition, a penalty of twenty-five dollars against the offender, recoverable as aforesaid, for the benefit of the city. Size of loaf, etc. No. 42. (6.) The mayor shall publish in the usual papers, every Saturday, an assize of bread for the ensuing week ; to this effect he shall estimate a barrel of flour to produce three thousand sevc 1 hundred and thirty- two ounces of bread, (American weight) and in order to ascertain the weight of the dime loaf, the number of ounces shall be divided by a number equal to the number of dimes a barrel of flour may be worth in the market at the time of fixing the assize, and adding the five dollars, or fifty dimes, allowed to bakers by the law — the quotient shall be the number of ounces a dime loaf shall weigh. Size of loaf, etc. No. 43. (7.) Whenever according to the preceding operation, the fractional parts are less than half an ounce, they shall be taken off the loaf, and when half an ounce or more, an ounce shall be added to it. The whole, moreover, in conformity to the tariff subjoined to the foregoing ordinance. BALLS, THEATRES AND I»tJBLIC) EXHIBITIONS. 15 WEIGHTS OP LOAVES WITH CORRESPONDING PRICES. $4 00 5 00 6 00 83 75 68 ounces do do do do do do do do do do do do 41 ounces 37 do 34 do 31 do 29 do 27 do 25 do 23 do 22 do 21 do 20 do 19 do 18 do 21 ounces 19 do • 17 do 7 00 8 00 62 57 16 do 14 do 9 00 53 13 do 10 00 50 12 do 11 00 47 12 do 12 00 44 11 do 13 00 41 10 do 14 00 39 10 do 15 00 ....."..37 9 do 16 00 36 9 do No. 44. (8.) It shall be lawful for all bakers or other per- size, quality, etc. sons carrying on the business within the city aforesaid, to n.ike two kinds of bread ; the first shall be of the best superfine, and the second of fine flour, but good and wholesome ; the weight of loaves made of the first quality of flour shall be according to the foregoing assize, and the weight of loaves made of the second quality shall weigh one-eighth more ; and further, all bread of the first quality shall be stamped with the figure 1, and the sec- ond with the figure 2, in addition to the stamp or the mark of the baker, and any baker not complying, shall be liable to a fine of twenty-five dollars, recoverable as aforesaid. No. 45. (9.) All ordinances and resolutions conflicting with Repealing clause, the foregoing be, and the same are hereby, repealed. City Ordinance, No. 8046. Approved October 30th, 1856. BALLS, THEATRES AND PUBLIC EXHIBITIONS. An Ordinance concerning Public Balls, Theatres and Public exhibitions. No. 46. (1.) It shall not be lawful for any person or per- Permission to be sons to give, within the limits of the city, any public balls of '^^*«»°^'^" whatsoever description, under the penalty of fifty dollars fine for each and every contravention, unless permission in writing, be previously obtained from the mayor, to give said ball or balls, and after payment of license tax. 16 BALLS, THEATRES AND PUBLIC EXHIBITIONS. Mayor to close No. 47. (2.) Whenever the foregoing provision shall be violated, it shall be the duty of the mayor to cause the said ball or balls to be closed immediately by the police. Duration of the No. 48. (3.) Evcry person giving a public ball, who shall prolong the duration of the same beyond the hour fixed by the mayor's permit, shall pay a fine of twenty-five dollars for each and every such ofi"ence. Relative to wea- No. 49. (4.) It shall uot be lawful for any person to enter into a public ball room with a cane, stick, sword or any other weapon, and every person having such weapon shall, before he enters the ball room, deposit the same at the office, which shall be at the door of the entrance of said ball room. At every pub- lic ball, there shall be a person apppointed to receive and take care of such articles. Penalty for car- No. 50. (5.) Evcry pcrson entering any public ball room in ball room, etc. contravcntion of the above provision, shall pay a fine of five dol- lars; and every person giving a public ball without having previously established an office at the door of the entrance of the said ball rooom, and without appointing a person to receive and take care of weapons, in the manner aforesaid, shall pay a fine of twenty-five dollars, for the first offence, and if it be repeated, the offender shall forfeit the right to give any public ball thereafter. Police for places No. 51. (6.) The mayor shall nominate and appoint a suffi- of amusement. . -in it cient number oi men to be policemen, and to form under that denomination a guard for theatres, public exhibitions and balls, in order there to receive and execute the orders and directions of the mayor and officers of the police, as to what concerns the maintenance of good order in the aforesaid premises. Provided that their number shall not exceed five men for each of such theatres, exhibitions and balls. Their compensa- "^q. 52. (7.) The polioem'en on guard at said theatres or ex- hibition, shall be paid by the acting managers or other person having the direction of the said exhibition, at the rate of one dollar and fifty cents for each policeman every time of perform- ance, and every policeman on duty at a ball shall be entitled to require from the person keeping the said ball, the said compensa- tion of one dollar and fifty cents, when the ball ends. City police. No. 53. (8.) In no case shall the above mentioned service be at the expense of the city, nor shall any of the men composing the city police be employed on that duty, unless in case of any disturbance breaking out in any of the aforesaid places, and then only until tranquility be restored. 17 No. 64. (9.) All persons are forbidden to oppose or disturb opposing police. any of the aforesaid policemen in tbe legal execution of their office, or to utter against them invectives or opprobrious language in the discharge of their duty, and every person herein offending shall pay a fine of from ten to fifty dollars for every such offence. No. 55. (10.) No person shall exhibit or cause to be exhibit- permission and ed any dramatic composition, ballet, pantomime or other perform- *^^' ance of that kind, in any theatre in the city where all per- sons are admitted for their money, nor shall any person entertain the public with any display of fireworks, rope dancing or any performance of any kind whatever, without having obtained from the mayor permission for that purpose and paid the tax thereon, on a penalty of a fine of twenty-five dollars, for every such offence, and the said permission shall express the object and the length of time for which it is granted. No. 56. (11.) All persons attending any public spectacle are Disorderly acts, forbidden to commit, either at the doors or in the theatre, lobbies, galleries, or corridors, any disorderly acts, to behave riotously, to make any noise, to use violence, insult, indecence, or to offer any kind of aggression, to have their hats on while the curtain is raised, or to smoke in the theatre, the galleries, lobbies, or corridors ; And every person who, on being thereto required by any police officer on duty at the public spectacle, shall neglect or refuse to observe what is prescribed in this section, shall be arrested and fined not less than five nor more than twenty-five dollars. No. 57- (12.) It shall not be lawful for any white person to Persons of color, occupy any of the places set apart for people of color, and the lat- ^ ter are likewise forbidden to occupy any of the places reserved for white people at any public exhibition or theatre, and any person offending against this section shall immediately leave the place so unduly occupied, or if he refuse or neglect so to do, shall pay a fine of five dollars. No. 58. (13.) The public officers shall give the necessary Vehicles at places orders that the carriages of persons going to public exhibitions '^™"^^°^*° • be arranged in a convenient manner in the places they shall ap- point, so as not to intercept the public passage, or occasion any disorder; and all coachmen are ordered not to leave their horses during the public exhibition, under a penalty of ten dollars, for which fines, masters shall be responsible for their slaves. No. 59. (14.) The police appointed to maintain order at Hours for police, public exhibitions shall repair to the posts assigned them, at least 8 18 BATTURE. half an hour before the opening of the house^ and there remain till the spectators shall have retired. Seats for city No. 60. (lb.) It shall be the duty of managers of places of officers. ^ ^ . n •,^ -, i,>i amusement to reserve, free oi all charge, places tor the mayor, recorders, the chief of police, and such other of the police as may be necessary to preserve order. Mayor and sur- No. 61. (16.) The mayor and surveyor, as often as they may Btep? to prevent deem it necessary, shall examine whether theatres and places of accidents. public resort be constructed with the requisite solidity and care- fully kept in repair, so that the public may assemble there without danger; and they shall adopt suitable measures to prevent acci- dents that might occur from any negligence in that respect, on the part of the proprietors, tenants, or other persons having the management or direction of the said theatres or places of public resort. Duty of assistant No. 62. (17.) ],t shall be the duty of the assistant city at- torney to prosecute all violations of this ordinance. Mayor to pre- No. 63. (18.) By virtue of the powers granted bylaw to ' ' the mayor and city council, the mayor shall cause to be shut up any place of public resort whenever the maintenance of order, the public safety or tranquility may require it. Copy of this or- No. 64. (19.) That a printed copy of the ordinances con- plmtedfetc. ^ ccrning public balls, theatres, and public exhibitions, be placed in a conspicuous position within the enclosures of said balls, theatres, and public exhibitions, for the purpose of reference ; and, that in case of neglect or refusal of the managers or owners of such places to comply with the provisions of this section, they shall be liable to a fine of fifty dollars for said offense, recovera- ble before any court of competent jurisdiction ; and the police officers on duty shall compel the owners of the balls, theatres, etc.,- to close for that night. Repealing clause. No. 65. (20.) All ordinances and parts of ordinances con- flicting with the provisions of this ordinance are hereby re- pealed. City Ordinance No. 3131. Approved Dec. 8, 1856. BATTURE. An Ordinanoe, regulating and governing the taking out of sand front the batture in front of the city. No. QQ. (1.) From and after the passage of this ordinance, ho permission will be granted for the takino* out of sand from Sand, etc., only . /. ^ -I . 'n r> 1 . to be taken ou the batture in front of the city, unless by certmcate ot the city certificate of tur- surveyor, directed to the wharfingers and their deputies, setting ' forth the filling required by the location of the property to be filled — that no person or persons be allowed to procure sand from the levee on more than one such permit at any one time, and only at such places as may be designated by the city surveyor, under a revokement of said permit and denial to such parties to take sand from said batture. No. 67. (2.) No sand will be permitted to remain or be sanj piled on piled on the levee or the public landing for a longer period than five days, under forfeiture of said sand to the use of the city, and that the wharfirngers and their deputies are specially charged with the execution of this ordinance. No. 68. (3.) It is hereby made the duty of the wharfingers Dutyof wharf- and their deputies of the city, to receive the permits of the city tie^sr^ *^ surveyor from the parties desiring to take out sand from the batture, to designate and regulate the space for each person or persons, according to said permits ; observing an equal proportion of space accordingly for the accommodation of all ; and persons taking out sand, shall occupy such space allotted to them, and no more — and in case any person shall occupy or encumber any other place than that designated by the said wharfingers or their deputies, he or they shall become liable to a forfeiture of the privileges granted to them in their permit for taking out sand from said batture, and 'that all ordinances or parts of ordinances conflicting with this ordinance, be and the same are hereby repealed. City Ordinance, No. 3029. Approved Oct. 11, 1856. ACTS OF THE LEGISLATURE. See Act 1836, page See Civil Code, Act 601 et seg. DECISIONS OF SUPREME COUUT. Batture is an elevation of the bed of a river under the surface of the water; it is however, sometimes used to denote the same elevation • when it has risen above the surface of the water. 6 M. R. 216, The intervention of a public road between the front tract and the river, does not deprive the proprietor of the tract of his right to the batture. 6 M. R. 230, and 18 La. R. 236; 8 N. S. 876. By alluvion is understood that which is added to land little by little, so that we cannot know how much is added at each moment of time ; 20 BEEP AND PORK, INSPECTION OP, he, therefore, who owns land bounded by the river acquires whatever is added to it, as he supplies the loss of that which is taken from it. 9M. 656. The right to take earth and sand from the batture is not a corporate right, but one common to every inhabitant of the city. The use of this right is to be so regulated as not to defeat other great objects of the dedication. The city has a right to use the earth taken from the batture, for the construction of wharves, levees, &c., and for improving the port, and the streets, and avenues leading to it. 12 La. 49 ; 18 La. 278 ; 7 Ann. 76. According to the terms of the compromise between the city of New Orleans, and the front proprietors and private claimants of the batture dated Sept, 20, 1820, the entire batture and open space between New Levee street and the river in front of Faubourg St. Mary, is dedicated to public uses and those, to which it is naturally destined, as a part of the port of New Orleans. The administration of this public place and the batture on it, is confided exclusively to the second municipality, whose duty it is to administer it in such manner as to promote the important purpose for which it was dedicated, and not to impede any right to the use of it by the citizens generally. 12 La. 49; 18 La. 278. It does not appear from any of the acts of Madame Delord, or from any of the plans in the record, that there was any intention on her part to dedicate to public use the front of her property on the river. 18 La. 122. By Act of 30th April 1853, every riparian proprietor within the limits of corporate towns in this State, is authorized to sue the corporation for the occupation of so much of the batture in front of his property as may not be necessary for public use. 10 Ann. p. 54. BEEF AND PORK, INSPECTION OF. Inspectors of beef and pork for the city of New Orleans. Inspectors to pro- Tide suitable stores and yards. ACTS OF THE LEGISLATURE. An Act Relative to the Inspection of Beef and Pork. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the Governor is required to appoint, by and with the advice and consent of the Senate, three repackers and inspectors of beef and pork for the city of New Or- leans. Sec. 2. That the inspectors and repackers shall provide themselves with good and sufficient stores or yards, capable of receiving and storing such beef and pork as may be brought to them for inspec- tion, in such places as shall be most convenient to employers, and best calculated to facilitate their business; but nothing shall be al- lowed for storage for any beef or pork inspected by them, if taken away within three days after notice given to the owner, or his agent, of its BEEP AND PORK, INSPECTION OP. ' 21 being inspected and repacked ; provided that no beef or pork shall be in- Proyiso. gpected and repacked in any part of the city and suburbs between Gar- rison and Girod streets. Sec. 3. That all barrels shall be made of good seasoned oak, or Barrels, how ash, free from every defect ; and every barrel shall contain two hundred brands, etc. ' pounds of beef or pork, the barrel not to measure more than eighteen inches across the head and twenty-eight long, to be hooped with" at least twelve good substantial hoops ; the barrel to be branded on the bilge with at least the initials of the cooper's name and weight which is con- tained in each barrel, and also to be plainly branded with the first let- ters of the christian name and the surname at full length, of the in- spector. Sbc. 4. That the inspectors and repackers shall carefully inspect Inspection, how all beef and pork, and shall brand only such as shall be well fat- tened; the best quality shall be denominated "mess pork," and shall consist of none but the sides of good 'fat hogs, and the barrels containing it shall be branded at one of the heads, "mess pork." The second quality shall be denominated ".prime," of which there ehall not be in a barrel more than three shoulders, the legs being cut off at the knee joint; the barrel shall not contain more than twenty-four pounds of head, which shall have the ears and snout cut off at the opening of the jaws, and the brains and the bloody grizzle taken out, and the rest of the pork, to constitute a barrel of prime pork, shall bejmade up of sides, necks, and tail pieces ; and on the head of every barrel of such pork shall be branded, "prime pork." The third quality of pork shall be denomina- ted "cargo pork," of which there shall not be in a barrel more than thirty pounds of head and four shoulders, and shall otherwise be merchan- table pork, and shall be branded on one head of each barrel, " cargo pork." Sec. 5. That all beef to be repacked for exportation shall be of fat Beef for exporta- cattle, and shall be cut into pieces, as square as may be, and shall not *^°°' ^^ sorted. exceed twelve nor be less than four pounds weight ; and all beef which shall be fat and merchantable, shall be sorted and divided into three dif- ferent classes, to be denominated mess, prime, and cargo. Mess shall consist of the choicest pieces of large, well fattened beef. Mess beef, without hocks, shanks, clods, or necks ; each barrel to contain two hun- dred pounds of beef, and to be branded on the head, "mess beef." Prime beef shall consist of the choicest pieces of fat cattle, with not prime beef, more than one-half neck, nor more than two flanks, with the hocks cut off the hind legs, in the smallest place above the joint, in a barrel, and branded " prime beef" on one head. Cargo beef shall be of fat cattle, with a proportion of good pieces, and Cargo beef. not more than one-half of necks, three flanks, with the hocks cut off in the same manner as in prime, in a barrel, and to be otherwise merchan- table, and to be branded "cargo beef." The repacker shall not put less than two pecks coarse salt and six ounces of saltpetre in each barrel, and shall fill it with pickle as strong as salt can make it. Sec. 6. That if any inspector shall be guilty of neglect or fraud, or J^^^^^^j ^^ le^t shall in any way violate the duties imposed on him by law, he shall be of duty. 22 BOARD OV ASSESSORS. liable to a fine of fifty dollars, to be recovered before any court of com- petent authority, one-balf to the benefit of the informer, and moreover, shall be liable for damages to any person aggrieved. Penalty for mix- gj.^,^ 7^ rp^jj^^. jf any person shall intermix, take out, or shift any beef mg or changing '' ^ ' •' beef, or altering or pork, packed and branded, as herein provided, or put in any other spection. '^^ ^^' beef or pork, for sale or exportation, or alter, change, or deface any brand or mark of any inspector, said person shall, for every offence, pay a fine of forty dollars, one-half for the use of the informer, and moreo- ver shall be liable for damages to any person aggrieved. Inspectors not to Sec. 8. That no inspector and repacker of beef and pork, shall buy bay or sell beef „ xi, 1, 1, v / i • f- or pork. or sell more than shall be necessary for his own consumption. No beef or pork Sec, 9. That no beef or pork that shall have been inspected and after being in- ,,,„,,, - ., . -. •.-.,. spected, shall be repacked, shall be taken from the stores and yards of the inspectors, in^ecti^n "ees unless all the expenses be previously paid ; and no owner or seller of are paid. beef and pork shall suffer the same, after inspection, to remain more than twelve hours exposed to the sun or to bad weather, tiorf etc. ^^^'^°' ^^^- ^^' -^^^^ *^® inspectors and repackers shall be entitled to de- mand and receive for every barrel of pork or beef they shall inspect, repack and salt, thirty- three cents and one-third, besides the price of the salt, saltpetre and other extra services. r^To^riate^^^ Sec. 11. That all the proceeds of property forfeited, and penalties incurred on the subject of the inspection of beef and pork, shall be one- half for the benefit of the asylum for orphan boys in the city of New Orleans, and the other half for the person prosecuting in the name of the State. Certain laws re- Sec. 12. That all laws contrary to the provisions of this Act, and all pealed. . laws on the same subject-matter, except what is contained in the civil code and code of practice, be repealed. — Acts of 1855, p. 461. BOARD OF ASSESSORS. An Ordinance to divide the city into twelve Assessment Districts. City divided into No. 69. That In accordance with the 45th section of the city ment districts, charter approved March 20th, 1856, the city of New Orleans be divided into twelve assessment districts, as follows : First assessment district :' bounded above by Felicity street; below by Thalia street, and in front by the river bank. Second assessment district: bounded above by Thalia and Felicity streets and the upper limits of the first district ; below by St. Joseph and Delord streets and the new cankl; in front by the river bank, and in the rear by Lake Pontchartrain. Third assessment district: bounded above by St. Joseph street, Delord street, and the new canal; below by Poydras street; and in front by the river bank. BOARD OP ASSESSORS. 23 Fourth assessment district : bounded above by Poydras street; below by Gravier street ; in front by the river bank^ and in the rear by the new canal. Fifth assessment district: bounded above by Gravier street and the new canal ; below by Canal street and the lower limits of the first district j in front by the river bank, and in the rear by Lake Pontchartrain. Sixth assessment district : bounded above by Canai street and the lower limits of the first district ; below by St. Louis street ; in front by the river bank, and in the rear by Lake Pontchartrain. Seventh assessment district : bounded above by St. Louis street ; below by St. Phillip street ; in front by the river bank, and in the rear by Lake Pontchartrain. Eight assessment district : bounded above by .St. Phillip street ; below by Esplanade street and the limits of the second district ; in front by the river bank, and in the rear by Lake Pontchartrain. Ninth assessment district : bounded above by Esplanade street and the lower limits of the second district ; below by Mandeville street ', in front by the river bank, and in the rear by Lake Pontchartrain. Tenth assessment district : bounded above by Mandeville street ; below by the lower limits of the city ; in front by the river bank, and in the rear by the rear limits of the city. Eleventh assessment district : bounded above by the upper limits of the city ; below by Felicity street ; in front by the river bank, and in the rear by Chesnut street. Twelfth assessment district : bounded above by the upper limits of the city ; below by the upper limits of the first district; in front by Chesnut street ; in the rear by the rear limits of the city. City Ordinance, No. 3210. Approved January 7,1867. No. 70. That the city assessors be allowed the use of Assessors' office. the room formerly occupied as the U. S. Court, as their ofiice. City Ordinance, No. 3219. Approved January 7, 1857. As to ''Errors in Assessments," see No. 214, No. 71. That the board of assessors elected under the Compensation of 25th section of the city charter, shall receive as full compensation for all their services during the year 1857, in making an assessment of all the property in the city, and for performing all the duties imposed on them by law, two per centum on the amount of taxes On property assessed by them, to be computed 24 BONDS AND SECURITIES. and paid after the final and corrected assessment rolls are delivered to the comptroller, as provided for in section 97 of the said city charter ; provided, that no compensation shall be allowed on property assessed to unknown owners unless the property so assessed to unknown owners shall be fully described on the assessment rolls, by a detailed description, in accordance with its latest subdivisions; and provided, further, that no compensation shall be allowed on any property assessed which is or may be exempt, by law, from taxation ; and also provided, that in all descriptions of real property, the names of the streets and the numbers of the squares ' shall correspond with the names and numbers adopted by the contractors for furnishing the city plan. City Ordinance, No. 3223. Approved January 7, 1857. No. 72. -That the finance committees be, and they are hereby authorized to make arrangements with the assessors of taxes now in office, and therefor incur all necessary expenses to complete all the assessments rolls for the present year, and to perform all their duties in relation to the aforesaid assessments, certain assessors, in manner and form required by law, and especially complete their assessments so as to conform to the provisions of the Act entitled an Act to authorize the corporation of the city of New Orleans to tax real and personal property, approved March 19th, 1856, and particularly to require them to deliver to the city authorities full and duly certified copies of said assessment rolls with as little delay as possible. City Ordinance, No. 3132. Approved Dec. 9, 1856. ACTS OF THE LEGISLATURE. See Act of 1856, page 141, sec. 25. <* '* page 148, sec. 43 et seq. '« " page 162, sec. 116. " ** page 180. See "Revenue." BOARD OF HEALTH.— See ^^Health,'' No. 364. BONDS AND SECURITIES. Executed before ^^ Ordinance relative to Bonds and Securities. the mayor. -^^ ^^ ^^^^ ^jj ^^^^^^ required to be given by the officers of the city for the faithful performance of their duties, shall be executed before the mayor. See No. 216. BONDS AND SECURITIES. 25 No. 74. (2.) All persons contracting with the city for any Surety to possess work to be done^ and all persons accepting offices of trust or emolument from the city, who are required hy law to give bond for the faithful performance of their duties, shall be required to ^ furnish securities possessing real estate to the amount of tlu * obligation of the bond. The corporation in all cases reserves the right of demanding additional security whenever deemed advi- sable. No. 75. Co.) The comptroller shall not issue warrants to Bonds to be com- , .. . „- pleted before is- omcers or employees of the city in any instance, until they com- sue of warrants, plete their bonds in accordance with the ordinance under which they hold office. No. 76. (4.) All persons appointed to office by the common To be furnished council, who shall neglect to furnish the name or names of his weeks, securities within two weeks after their appointment, will be considered as having declined to qualify, and the council will proceed to a new election, unless satisfactory reason be given for the delay. No. 77. (5.) It shall be the duty of the city attorney and Condition of comptroller in all bonds of city officers, to provide that such ' - bonds shall continue in force during the continuance of such officers in the employment to which they may have been elected, so that their re-appointment or re-election shall not impair the obligation of such bonds. No. 78. (6.) All ordinances or parts of ordinances conflict- Repealing clause, ing with the provisions of this ordinance are hereby repealed. City Ordinance, No. 3205. Approved January 7, 1857. Tor " Bonds of Coffiee House Keepers," see No. 162. See No. 234 and 537. ACTS OF THE LEGISLATURE, Sec. 27. That all bonds and recognizances taken by the justices of the peace, mayor and recorders of New Orleans, for the public peace nfzancea^ ^^^ ^' or in criminal matters generally, shall, when forfeited, be recovered by the city attorney for the use of the treasury of the said city. — Act 1850, page 166. Sec. 42. The common council of New Orleans shall have power to S-poJaT^n^o/^" require bond and security from all persons holding any office of trust ^^^ city may or emolument in the city administration, for such sum as they may deem proper, not exceeding ten thousand dollars. — Act 1852, p. 55. Sec. 132. That the common council of New Orleans shall have power ^®^^ ^^^ securi- ty to be furnish- to require bond and security from all persons holding any office of trust ed \j oflacers. or emolument in the city administration, for s.uch sum as it may deem proper.— Act 1856, p. 166. See Act 1865, p. 81. See Act 1856, p. 143, Sec. 30. 4 26 BUILDERS, MASTER WORKMEN, ETdi BREAD.— See ^^Bakery/' page 13. ^ BUILDERS, MASTER WORKMEN, ETC. May 1189 portion '^^' "^9- (!•) I^ shall be kwful for owners, builders', etteet! ^^^^ *°^ contractors and master workmen, when actually engaged in building, or repairing any house or other building within the limits of this city, to deposit building materials necessary to be used in the construction or repair of the house or building in actual progress, on a portion of the public street or sidewalk in front of the house or building being actually in progress, or beyond fifteen feet on each side of said house or building, in the following manner only, viz : On one half of the width of the sidewalk nearest to the house or building being erected or repaired, and on one-third of the width of the portion of the street between the gutters and nearest to the house or building being erected or repaired, and they shall have a right to place over the gutters a temporary bridge, so constructed that it can be easily opened at all times to admit of cleaning said gutters. Unlawful to use No. 80. (2.) That all owners, builders, contractors, master certain portions i .^ i. />i«iii of street, etc. workmcn, or other persons whatever, are lorbidden to occupy any portion of any public street or sidewalk, or deposit any building material thereon, other than is provided for and defined in the foregoing section, or in or over any gutter, or to allow any of their servants, or workmen, or employees, to occupy or deposit thereon, except as aforesaid, under a fine or penalty of not less than ten nor more than one hundred dollars for each offence, recoverable' before any court of competent jurisdiction for the benefit of the city. Obstructing No. 81. (3.) That all owners, builders, contractors, master gutters, etc. workmen or other persons whatever, are forbidden to obstruct the passage of water in any gutter, by depositing therein any building materials, rubbish, or other materials whatever ; they are forbidden to erect or make, or cause to be erected or made, any dam in any gutter or gutters 3 they are forbidden to make, or cause to be made, any mortar bed over any gutter, unless there is left a free and open space of at least one foot in width between the side of the mortar bed and the curb stone, so that the gutters may at all times be easily cleaned ; and they are forbidden to allow their BUILDINGS, NUMBIRING, PIRE LIMITS, ETC. 27 workmen, servants or employees, to obstruct, deposit, erect or make as aforesaid, under a fine or penalty of not less than ten nor more than one hundred dollars, recoverable as aforesaid. No. 82. (4.) That the street commissioner and his deputies street commis- ^ _ ^ ^ sioner to enforce be, and they are hereby authorized and required to see that the thi« ordinance. several provisions of this ordinance be complied with and enforced ; and in all cases where a party or parties may be found acting in contravention to this ordinance, and refuse or neglect to comply with the same, after being notified thereof in writing, said officers shall have authority to cause all materials found placed in contravention to this ordinance, to be removed to the public pounds, or some other safe and proper place of deposit; and if the same be not claimed within thirty days tltereafter, and the fines and expenses thereon paid, they shall be advertised in the official journal three times during ten days, and sold at public auction; and the proceeds of any such sale, after deducting all fines and expenses, shall be paid into the city treasury, subject to the claim of any owner of the property sold as aforesaid. No. 83. (5.) That all ordinances or parts thereof, con- Repealing clause, flicting with the foregoing, be and the same are hereby repealed. City Ordinance, No. 2044. Approved March 9th, 1856, For '♦ City Tax," see No. 689. BUILDINGS, NUMBERING, FIBE LIMITS, ETC. An Ordinance relative to Buildings. No. 84. (1.) No building shall be erected within the limits Lines and level, of the city, until the ground to be covered by the building be raised to a level with the side walk. The lines and level to be obtained from the surveyor. All persons violating this section shall be fined not less than twenty-five dollars, and ten dollars a month until the ground so occupied be filled as herein required. No. 85. (2.) No person shall erect, rebuild, or enlarge any surveyor's linesi building or wall fronting on any street or public way, without first obtaining the lines thereof from the city surveyor, under a penalty of not less than twenty-five dollars for every offense. No. 86. (3.) In no case shall the steps of buildings extend Front step? on the side-walk more than twenty-four inches, under penalty of five dollars for every day this provision shall be violated, after notice from the street commissioner. 28 BUILDINGS, NUMBERING, *I'IEE LIMITS, ETC. Windows and No. 87. (4.) All persons are forbidden to construct, or cause to be constructed, any door or window projecting more than twelve inches on the street, in front of their building ; and it shall be the duty of all house-holders and tenants of buildings, the doors and shutters of which open ion the street, to hook or otherwise se- . cure the same, so as to prevent accidents, and not to obstruct the passage on the side- walks. All persons violating the provisions of this section shall be fined not less than ten dollars for each oifense, and five dollars for every day the ofi"ense shall continue after notice. Roof gutters, etc, No." 88. (5.) The roofs of all buildings shall be provided with a gutter and pipe or conduit to collect and convey the rain water, and on the side next the street the pipe shall be affixed to the wall so as to convey the water to the level of the side-walk, and across the side-walk and a gutter therein to the street, provided the proprietors or tenants shall not be prohibited from conveying the rain water from the front of the buildings, owned, rented or occupied by them, into said buildings or the yards thereof. All persons violating the provisions of this section shall be fined not less than ten nor more than twenty-five dollars, and five dollars for every day they shall continue the offense after notice received from the street commissioner. The gutter or pipe or conduit provided for in the foregoing part of this sectioo, shall be kept clear of obfetructions and in good repair under penalty of five dollars for each off'ense, and of two dollars per week in default thereof, payable by the proprietor of the buildings after five days' notice from the street commissioner. Dangerous build- No. 89. (6.) It shall be the duty of the surveyor, street commissioner, and of the police officers to inquire concerning all houses or other buildings that may be in a ruinous condition, as also about whatever might, by falling, impair the security of pas- sage through the public way, or give occasion to any accident ; and to report the same to the mayor, and on the same report, the mayor shall order the owner of the house, or, in his absence, his attorney in fact, or agent, to cause the danger to cease, within such time as he may think proper to prescribe to him for that purpose ; provided, always, that the said owner, or his attorney in fact, or agent, shall have a right to contest the statement made in said report, by having the premises examined by a person of acknowledged skill, to be chosen by the owner of the house or other building, or his attorney in fact or agent, which person shall previously be sworn by the mayor; but if, after said examina- ings, etc. BUILDINGS, NUMBERING, FIRE LIMITS, ETC. 29 tion, it shall appear to the mayor that the danger has been duly ascertained, the owner, or his attorney in fact, or agent, as aforesaid, shall cause the danger to be removed within the delay assigned by the mayor, and in case of refusal or neglect, the mayor shall then cause the building to be repaired or demolished, as he may think best, at the expense of the owner ; and the owner shall be fined not less than ten dollars for every day he shall fail to obey the orders of the mayor. See No. 270, No. 90. (7.) The mayor and surveyor shall examine whether Public resorts to ^ , .. • 1 • 1 1 . • be safe, etc. theatres or places of public resort be constructed with the requisite solidity and carefully kept in repair, and they are authorized to take suitable measures to prevent accidents that might result from any negligence in the construction of the building, or from any mismanagement of the proprietors. No. 91. (8.) Any person who shall be guilty of defacing any pefadug build- building, or fence, or other property, by cutting, breaking, daubing with paint, or in any other way defacing or injuring the same, shall be fined not less than ten, nor more than twenty-five dollars. No. 92. (9.) All houses in the city shall be numbered. Numbering of The numbers in all the streets parallel to the river, to begin at Canal street, and increase towards the upper limits of the city ; and the same from Canal street towards the lower Imiits of the city ; and the numbers in all the perpendicular streets to com- mence from the river and extend back. All the odd numbers to be on one side, and the even numbers on the opposite side of every street. In numbering houses, vacant or empty lots shall be reckoned in the series of numbers, and, in proportion as houses shall be erected on said lots, the surveyorshall prescribe to the owners the numbers to be placed on the same. No. 93. (10.) The mayor and surveyor shall have power to Numbering of direct the owners of houses to afiix the proper numbers thereto, ' and shall also have power to determine the form, size, and mate- rial of such numbers, and any owner or occupant of any building, who shall neglect or refuse to affix the number designated, or shall affix to the. same, or retain thereon any number contrary to the direction of the mayor and surveyor, shall be fined not less than five, nor more than twenty dollars for every ofi'ense, and one dollar for every day he shall violate the provisions of this section. No. 94. (11.) All ordinances or parts of ordinances conflict- Repealing clause. 30 BUILDINGS, NUMBERING, TIRE LIMITS, ETC. ing with the provisions of this ordinance, are hereby repealed. City Ordinanee, No. 3192. Approved Dec, 30th, 1856. Relative to " Construction of Buildings,'? see No, 263 and No. 292. u TftOLLEE. » 67 No. 200. (4.) He shall examine^ audit and settle all claims Claims, or demands for or against the corporation, for which provisions have been made ; and when no provision has been made, shall examine such claims or demands and report to the council the facts, with his opinion thereon ; and all accounts or bills for the collection of the revenue shall originate in his office. S:e "Claims," p. 43. No. 201. (5.) He shall sign and approve all orders or other to approve , . , , , , orders, etc., and documents which may be necessary to enable any person to pay to issue licensed. money into the treasury ; shall issue all licenses which the city ordinances may require to be taken out by persons liable to be taxed therefor ) and shall in each year, as soon as the rate of taxes for licenses may be fixed, deliver to the treasurer as many licenses, with the name of the person licensed in blank, with his, said comptroller's signature, as may be required, and shall take said treasurer's receipt therefor, specifying the aggregate amount of each class ; and said treasurer shall exhibit from time*to time, and at the end of the year return to the comptroller, cancelled, all such as may not have been disposed of, and credited by him in his account of receipts. No. 202. He shall in each year, as soon as the rate of taxes Tax receipts. on property may be fixed, cause to be prepared the tax receipts, and at or before the time fixed for the payment of said taxes, deliver the same to the said treasurer, who shall give his receipt therefor, specifying the aggregate amount thereof; and said treasurer shall from time to time exhibit to the comptroller all such as may not have been paid and credited in his accounts of receipts; and at the end of the period fixed by law for the payment of taxes by the tax payers into the treasury, said comp- troller shall verify the said treasurer's receipt for tax bills with his account of receipts thereof, and the receipts of the city attorney or assistant city attorney for such as may have been delivered to him for collection, and debit the said treasurer with the deficiency, if any. No. 203. He shall keep a separate book in which he shall Bills for assistant charge the assistant city attorney with all bills, accounts and suits ^^^^ ^^^^' put into said attorney's hands for collection, and credit him with all amounts paid into the city treasury, so as to show at all times the amount of his liabilities. No. 204. (6.) He shall draw and sign all warrants on the warrants on the treasurer for moneys which may be authorized to be drawn from *'^^»^"^y- 8 58 ^ COMPTROLLER. the treasury^ under any appropriation made by the common council ; but he shall not warrant upon the treasurer for the payment of any bill, requisition, claim, pay-roll or demand of any nature whatsoever, whether the same arise out of contract or otherwise, except said bill, requisition, claim, pay-roll or demand is presented to said comptroller, with the signatures of the chairmen of the finance committees of the common council endorsed thereupon in approval of the same. And said comp- troller shall retain in his hands, as his vouchers, all bills, requisitions, pay-rolls and other evidences, of claims and demand so warranted for by him, and shall register the same in regular order in a book kept for that purpose ; but where a third party is liable to the city for payment or reimbursement, in whole or in part of any claim or demand so warranted for by said comptroller, said comptroller shall place said claim or demand in the hands of the city attorney for collection, taking his receipt therefor. And no warrant of payment shall be drawn by the comptroller in any case, unless the sum specified therein is covered by an lappropria- tion previously made for that purpose by the common council. Nor shall the treasurer pay the same unless the resolution or ordinances making the said appropriation be distinctly cited in said warrant. Semi-annual No. 205. (7.) He shall, in the months of January and July of each year, lay before the common council, in tabular form, a report of the expenditures and receipts, during the past six months, giving not only the various items of said expenditures and receipts, but a full detail of the names of all persons to whom money has been paid, or notes or bonds issued, the amount thereof, the number of the warrant and the date of the resolution or ordinance authorizing the expenditure. The report shall also embrace a statement of the indebtedness of the city, showing in detail all outstanding obligations, their date, amount, to whom and for what issued, when due, and under what resolutions or ordinance authorizing the expenditure. The report shall also embrace a statement of the indebtedness of the city, showing in detail all outstanding obligations, their date, amount, to whom and for what issued, when due, and under what resolutions or ordinan- ces authorized. It shall also contain estimates to be made by the street commissioner, surveyor, and chairmen of the finance com- mittees of the common council, of the receipts and expenditures for the current six months ; also, a tabular statement showing separately the whole amount of each appropriation of money, report. COMPTROLLER. *" 59 the amount paid under the same, and the balance, if any ; also, a statement of all officers of the city charged with the receipt or disbursing the public money, who may have failed to settle their accounts or to pay over to the treasurer the amount due by them, at the time required by law or ordinance, with all particulars connected therewith ; and also such suggestions as he may deem expedient for the support of the city's credit, lessening expenses of the city government, and generally all such matter in connec- tion with the fiscal affairs of the city as the comptroller may consider of public interest. Said report, in a condensed form, shall he published in book form, the number of copies to be fixed by the common council. No. 206. (8.) He shall offer at public auction, or otherwise Sale cf contracts, as the common council may direct, and adjudicate to, or accept the sealed proposals or bids, of the lowest bidder who can furnish security satisfactory to the council, all contracts for public works, materials or supplies ordered by the common council ; and shall adjudicate to the highest bidder all leases or farming of markets, ferries or grants, or leases of other privileges which may be sold by the council, and report said adjudication and the security offered to the common council at their next regular meeting thereafter. The said council may reject any bid at their discretion, and a failure to approve within sixty days of the adjudication shall be a rejection of a bid. No. 207. (9.) He shall report to the common council Defalcations and immediately any default or delinquency in any officer of the city mentl charged with the receipt, custody or disbursement of public moneys ; shall require, from every officer of the city charged with the receipts of public moneys, a settlement of his accounts at, or within, the period fixed for such settlements ; and in cases where no period is fixed for settlements, then, every week, and shall require the payment into the treasury forthwith of any sum due by such officer. No. 208. He shall report to the common council, in the Report of all month of April, of each year, a statement of all contracts made, or directed, or authorized by the corporation, classifying each, and not performed or completed, and upon which any money remains unpaid, with the amount so unpaid on each : Provided, he be authorized to require from the street commissioner, the surveyor, or any other officer in whose department such contracts are being- executed, such information as the said comptroller may need to enable him to fulfill the duty imposed upon him by the present article. 60 COMPTROLLER. Orders for sta* tionery, etc. Appropriations. Debts due the city. Conditions of contracts. No. 209. He shall, on requisitions of the several heads of departments, wharfingers, recorders and officers of the city duly authorized thereto, issue orders for coal, stationery, oils, etc., required by them in the discharge of their duties; but said orders shall be null and void unless duly approved and signed by either of the chairmen of the finance committees of the common council; and no debt contracted by any officer or officers of the city shall be recognized unless upon such requisition approved as aforesaid. No. 210. (10.) He shall report forthwith to the council every case in which an appropriation is exhausted, the object of which is not completed, with a statement of the moneys drawn, the particular purpose for which they were drawn, the cause of the deficiency, and an estimate of the amount necessary to complete the object of the appropriation. No. 211. (11-) He shall direct legal proceedings to betaken for the recovery of every debt of every nature whatsoever due to the corporation, immediately upon the maturity of said debt, except when otherwise provided for; he shall report quarterly to the council a detailed statement of all debts due to the corporation, with all particulars connected therewith ; he shall, whenever by law or ordinance the corporation may be entitled to any lien or privilege upon property, immediately upon the accruing of said privilege, cause the same to be recorded in the mortgage office of said parish ; and he shall, from time to time, cause to be re-inscribed within the time to preserve the original lien, all judgments, mortgages for capital of ground rent, or other privileges to which the corporation may be entitled; and cause all judgments in favor of the city to be revived before the expiration of ten years. No. 212. (12.) Inallcontractsadjudicatedbythe comptroller, one of the conditions shall be (to be stated by him at the time of the adjudiciition, and inserted in the specifications, if any be published) that in case of failure by the contractor to begin or finish the work within the period fixed, or in case the council be dissatisfied with the manner in which the work is being executed, the council shall have the right to annul the said contract without putting the contractor in default, and without applying to a court of justice to annul the same, and without indemnity ; and also that in case the contractor shall at any time abandon any work or undertaking, or not finish and complete the same in conformity with his contract, such contractor shall forfeit all claim he may COMPTROLLER. * 61 have for any work or undertaking done by him up to the date of such abandonment, and such sum as may have been deposited in the treasury by such contractor, and the city shall be hereby discharged and released from any and all liability therefor; and that in case such work or undertaking be re-sold, the contractor and his surety or securities shall be held and bound in solido to pay unto the city all such loss or difference between the price at which such contractor originally contracted to perform the work or undertaking, and the price at which it may be adjudicated at a re-sale or re-adjudication ; and in all cases of contracts in which the proprietors of property to be benej&tted, or others may be liable by laws or ordinances for the whole or a portion of the cost, one of the conditions of the adjudication shall be that the contractor shall abandon all claim on the city for the proportion payable by the said property holder, or other person ] and that the city will subrogate the contractor to all its rights and privileges against the said property holder, or other person. No. 213. (13.) He shall, at the end of each quarter, compare Treasurer's re- 1 • 1 -I 1 ports and ac- the quarterly report oi the treasurer to the council, and the counts, voucher relating to the same, with the books of the office, and shall report to the council, quarterly, a detailed statement of the receipts and expenditures of the quarter, verified by a comparison of his and the treasurer's accounts. No. 214. (14.) He shall, when satisfied that errors have been Errors in afsess- committed in the assessment of taxes, or in the bills for taxes or '°'^°^*'- other branches of revenue, or where several portions of property belonging to different persons have been assessed in one parcel, or when property has been omitted to be assesessed, report the same to the council, and make such alteration or additional assessment as may be just. No. 215. (15.) He shall from time to time inspect the lists Treasurer's list prepared by the treasurer, of persons liable to tax for license ; sons'.^tcl*^ ^^"^ and shall verify the same by a comparison of the assessnient for the like object of the State assessors, and by the receipts of other years, and by any other means in his power, and shall report to the council from time to time the plans for the more effectual collection of the license taxes and all others. No. 216. (16.) He shall require that all bonds to be given Bonds of officers, by officers of the city for the faithful performance of their duties, shall be executed before him. • gee No. 73. 62 To sign certain bonds. His deputies. Archives. His bond, etc. Repealing clause, COMPTROLLER. No. 217. (17.) He shall sign, with the mayor and treasurer, all b.onds issued by the commissioners of the consolidated debt of the city ; and shall, in addition to the duties enumerated, perform such others as the council may prescribe. No. 218. (18.) By and with the advice and consent of the board of aldermen, the comptroller shall appoint the following officers, to be employed by him by the year, viz : A deputy comptroller, whose duty shall be to aid and assist the comptroller in the performance of all the duties imposed upon the latter, and to act and sign in his place in case of absence or sickness ; for whose official acts said comptroller and his sureties shall be responsible. A book-keeper, an assistant book-keeper, and a clerk. The salaries of those officers shall be as follows, to wit : Deputy comptroller $1 800 Book-keeper 1500 Assistant book-keeper 1500 Clerk 1?00 And paid monthly by the treasurer, and when the time for preparing the tax bills shall arrive, every year, the comptroller shall be allowed such a number of extra clerks, and for such a length of time, as the chairmen of the finance committees may think proper; the salaries of these extra clerks to be fixed by the chairmen of the finance committees and the comptroller, and paid as provided for by the said officers. • No. 219. (19.) The comptroller shall keep in his office all titles, deeds, contracts, official bonds and evidences of debt, belonging to the city, except such as may be directed by him to be kept elsewhere. See No. 1. No. 220. (20.) He shall, previous to entering on the discharge of the duties of his office, execute his bond before the mayor in favor of the city, in the sum of twenty thousand dollars, with two or more good and sufficient securities, in solido, condi- tioned for the faithful performance of the duties of his office, and for that of his deputies, for whose acts he shall be liable, and also for the transferring to his successor all the books and papers of his office ) and the council may require new and additional security whenever it may deem that given insufficient. No. 221. (21.) All resolutions or ordinances contrary to the provisions of the present ordinance are hereby repealed. COMPtfeOtitEA. 63 No. 222. (22.) This ordinance shall go into ejBTect and be when to go into in full force from and after its passage. City ordinance, No. 3017 . Approved August 25, 1856. No. 223. That the comptroller be requested to keep a book, His books. on the credit side of which shall be entered all ordinances or resolutions authorizing the payment of money; and on the debit side all payments made in pursuance of them. Ordinance No. 2588. No. 224. From and after the passage of this resolution, all Specifications. specifications for public works shall be approved by the committee on streets and landings before being published, and that the comptroller be and he is hereby directed not to sell any contriy^t until the specification be prepared. Ordinance, No. 2176. No. 226. From and after the passage of this resolution, it to re-seii certain shall be the duty of the city notary, upon the promulgation of all resolutions approving the adjudications of contracts, to notify the parties thereof, through the post-office, and, if within ten days thereafter the contractors and securities have not signed their contracts, it shall become his duty to inform the city comptroller thereof, and said comptroller shall, after five days notice in the official journal, proceed immediately to a new sale, the amount deposited by the previous contractor being forfeited in favor of the city. City Ordinance, No. 1696. No. 226. From and after the passage of this resolution, it checks. shall be the duty of the treasurer of the city of New Orleans, in drawing checks as treasurer of said city, to draw the same payable to the order of the comptroller of the city, which checks shall also be countersigned by the comptroller and registered by him in a book especially set apart for that purpose. The comptroller of the city of New Orleans shall render weekly reports, weekly to the common council a detailed statement, showing for what purposes said checks were drawn. City Or li nance, No. 2634. No. 227. That the comptroller be, and he is hereby author- Redemption of ized to comptrol all checks issued by the treasurer, having for "'^ ^^' their object the redemption of notes upon which the city may be liable as endorser, and which may have been protested for non-payment. City Ordinance, No. 2954. 64 COMPTROLLER. Debts of late munioipalities, To collect city rents, etc. Amending No. 229. Duties and powers of Comp- troller. No. 228. From and after the passage of this resolution tlie comptroller, in comptrolling bills for work contracted for by either of the late Municipalities or the city of Lafayette, and payable in bonds or notes bearing interest, may issue cash warrants on the treasurer for the same. City Ordinance, No. 311. No. 229. It shall be the duty of the street commissioner to make a list of all the improved property of the city subject to rent, and to rent and collect all rents and dues for the same, and pay the amounts collected to the city treasury, making a monthly report of the same to the finance committees. City Ordinance, No. 1893. Amended by No. 230. No. 230. That resolution No. 1893, approved December 8th, 1854, be so amended as to substitute the words " city comptroller'^ in place of the words " street commissioner." City Ordinance, 3040. See No. 490. To " register certain Certificates," see No. 159 . , Duty relative to " Fiscal Agency," see No. 333. Duty as to " Printed Forms," etc., see Nos. 568 and 571. ACTS OF THE LEGISLATURE. For his election see Act 1856, p. 138, sec. 8, (placed under title of «' Officers.") Sec. 30. That the comptroller shall have a general superintendence of the fiscal affairs of the corporation. He, together with the chairmen of the finance committees of the common council, shall prescribe the mode and form of keeping the corporation books and accounts in every department entrusted with the receipt and expenditure of money, and the mode and form of the rolls, except as hereinafter provided, to be used by the board of assessors, in the assessment of the valuation of property for the purpose of taxation , and said books, and accounts and rolls, and books kept by the board of assessors and board of supervisors, shall be, at all times, subject to the inspection of the comptroller, the treasurer, and chairmen of the finance committees of the common coun- cil. The comptroller shall examine and audit all claims and demands against, or in favor of the corporation ; and all accounts for the collection of the revenue shall originate in his office. No money shall be received by the treasurer or any other officer, from any source whatever, except on a written order, receipt, or other document, signed by the comptroller; and no money shall be paid out of the treasury, unless authorized by an ordinance or resolution of the common council, and on a warrant signed by the comptroller. All accounts or bills for the collection of revenue, shall be divided into classes, corresponding with the different sources from which said revenue is drawn ; and the accounts or bills, of each class, shall be numbered from one upwards ; and said account or bill, when delivered to the treasurer, shall be charged to said treasurer on the books 1 [ COMPTROLLER. 65 of the comptroller, as cash received by said treasurer, to be accounted for by him. Tbe comptroller shall not warrant upon the treasurer for the payment of any bill, requisition, claim, pay-roll, or demand of any nature ♦ whatscfever, whether the same arise out of contract or otherwise, except said bill, requisition, claim, pay-roll or demand, is presented to said comptroller with the signatures of the chairmen of the finance committees of the common council endorsed thereupon, in approval of the same ; and said comptroller shall retain in his hands, as his vouchers, all bills, requisitions, pay-rolls and other evidences of claims and demands so warranted for by him, and shall register the same in regular order in a book kept for that purpose ; but where a third party is liable to the city for payment or reimbursement, in whole or in part, of any claim or demand so warranted for by said comptroller, said comptroller shall place said claim, or demand, in the hands of the city attorney for collec- tion, taking his receipt therefor. The comptroller shall keep a full set of books, in which all the fiscal operations of the corporation shall be recorded. He shall, in the months of January and July, of each year, lay before the common council a report of the receipts and expenditures during the past six months, giving, not only the various items of said receipts and expenditures, but a full detail of the names of all persons to whom money has been paid, or notes or bonds issued, the amount thereof, the number of the warrant and the date of the resolution or ordinance authorizing the expenditure. The report shall also embrace a statement of the indebtedness of the city, showing in detail all out- standing obli- gations, their date, amount, to whom and for what issued, when due, and under what resolutions or ordinances authorized. It shall also con- tain estimates, to be made by the street commissioner, surveyor, and chairmen of the finance committees of the common council, of the receipts and expenditures for the current six months. Said report, in a condensed form, shall be published ia book form. All contracts for public works, or for materials or supplies ordered by the common council, shall be offered by the comptroller at public auction, and given to the lowest bidder, who can furnish security satisfactory to the common couucil ; or the same shall, at the discretion of the commoa couocil, be advertised for proposals, to be delivered to the comptroller in writing, sealed, and to be opened by said comptroller, in presence of the chairmen of the finance committees of said common council; and given to the person making the lowest proposal therefor, who can furnish security satisfac- tory to th^ common council: provided, that the common council - shall, in either case, have the right to reject all bids or proposals. All bonds shall be signed by the mayor, and countersigned by the comp- troller and treasurer. The comptroller shall also, immediately after the election of a fiscal agent, as provided by this act, furnish said agent, under the provisions of this act, with such a description of each coupon, its number, letter, amount, time to run, when due and where payable, as will be sufficient to identify the same. He shall also furnish such samples and descriptions as said agency may require for the use of its agents, in places out of New Orleans. And he shall generally, in addition to the duties herein enamerated, perform all such other duties as the common 9 66 CONSOLIBATEft CITY DEBT — TAX, ETC. Sa^-^ry of Comp- council shall prescribe ; and he shall receive for his services as a salary trolier. .$4,000 per annum.— Act 1856, p. 143. t Warrants not to Sec. 3. That from and after the passage of this act, no warrant or Comp^roller^un- o^der on the treasury of said city, for the payment of money, shall be less there be issued by the comptroller or any other officer of the city, unless there lunds appropn- .; i- .; ^ ' ated to pay the be, at the date of such warrant or order, sufficient funds in the treasury, duly appropriated by the council to pay the same. — Act 1855, p. 228. See Act 1856, p. 160, sec. 108, (placed under "Ordinances.") See Act 1856, p. 160, sec. Ill, (placed under "Revenue.") See Act 1856, p. 166, sec. 125, (placed under " Officers.") See Act 1855, p. 288, (placed under " Contracts.") same. Bigned. CONSOLIDATED CITY DEBT— TAX, ETC. For the Consolidated Loan Tax for the year 1856, see " Revenue," No. 734. Bond*, how to bo No. 231. He, (the comptroller) shall sign, with the mayor and treasurer, all bonds issued by the commissioners of the con- solidated debt of the city; and shall, in addition to the duties enumerated, perform such others as the council may prescribe. City Ordinance, No. 1442. Art 17. No. 232. Whereas, the city of New Orleans is still interested in a large number of unsettled and unliquidated suits, entered prior to the consolidation of this city in the year 1852; And whereas, there may be expected to be found, under due*' examination of numerous municipal contracts and other docu- ments and records, a number of just causes of claims against third parties, which claims lay unknown to the present govern- ment of the city, and which it is desirable and beneficial to dis- cover, settle and liquidate; And whereas, all sums accruing from the liquidation of said old suits, and the settlement of said unknown claims could be properly applied to the extinguishment of the debts of the old city, and also of the debts of the city of Lafayette, incurred before the time of their consolidation in a single corporation; And whereas, such old suits require special searches, and laborious and exceptional proceedings which cannot be considered as incumbent upon the city attorney, nor making part of his legal and regular duties; And whereas, such unknown titles of claims against third parties require, if any there are, great exertions to be detected •CONSOLIDATED CITY DEBT — TAX, ETC. 67 and determined, which exertions cannot be asked for from any of the regular ofl&cers of the city : (1.) Be it resolved. That the board of commissioners of the Commissioners ^ ^ to compromise, consolidated debt of New Orleans are hereby empowered and etc. authorized to terminate, settle and liquidate in the name of the city of New Orleans, by way of judicial proceedings, compromise or otherwise, with full power to act, to them granted hereby, for any such old suits not yet liquidated, in which the cities of New Orleans and Lafayette acted as plaintiffs, prior to the consolida- tion of this city, in the year 1852, either under the old corpora- tion of the city of New Orleans prior to its division in three distinct corporate bodies in the year 1836, or under its existence into three municipalities before their consolidation in 1852, and also under the old corporation of the city of Lafayette prior to the year 1852, and also under the old corporation of the parish of Orleans, and either in the name of said cities of New Orleans or Lafayette, or in the names of the Municipalities, Nos. One, Two and Three of the city of New Orleans, or also in the name of either the general council or the general sinking fund of the city of New Orleans, or also in the name of the police jury of the parish of Orleans. (2.) That said commissioners of the consolidated debt of To appoint coi. New Orleans, are hereby authorized to secure the services of, and to contract with suitable persons to make the neces- sary searches and complete such proceedings as may be necessary to liquidate and settle such old suits, and also to detect and dis- cover such title of unknown claims in which the city of New Orleans may be interested against third parties, but in which no action has been taken up to this date, and for which the said board of commissioners of the consolidated debt of New Orleans are hereby authorized to sue for and settle by way of compromise or otherwise, in the name of the city of New Orleans. (3.) That such persons so selected by the said board collectors' com- of commissioners of the consolidated debt of the city of New p^"^**^°^- Orleans, for the purpose of liquidating such old suits and discov- ering such unknown titles of claims, be entitled to receive by contract, such per centage out of the proceeds of the settlement of such old suits or unknown claims as may be agreed on by said commissioners, provided such persons bind themselves to take charge of all expenses or costs which may be incurred in conse- quence of the revival of such old suits ; and in case the city of New Orleans should recover nothing from the same, and debt, 68 CONSOLIDATED CITY DEBT — TAX, ETC. provided said contractors enter into bonds in tlie sum of $10,000, with good security, subject to the approval of said board of commisssioners of the consolidated debt of the city of New Orleans, and so conditioned as to cover, secure and exoner- ate the city of New Orleans against any eventual payment or disbursement of money for any of the causes aforesaid ; and provided it be well understood that said contractors shall have in no case, anything to claim as a compensation for their services, or as a reimbursement of their expenses, or otherwise, from the city of New Orleans. City Ordinance, No. 1759. Approved July 27th, 1854. See No. 491. Additional city No. 233. Whereas, From the report of the commissioners of the consolidated debt, it appears that there matured on the 1st July, 1855, sixty-eight bonds of the old city, of $1,,000 each, issued to Andrew Hodge ; also, on the 1st Nov. 1855, three hundred and twenty-eight bonds of the old city, of $1,000 each, issued to the Draining Company, amounting in all tO'$396,000 — the same being a part of the consolidated debt of the city of New Orleans. And, Whereas, The charter of the city provided that new bonds of the city should have been exchanged for the same or sold for the purpose of paying the same. And, whereas, after duly advertising, no bids were received, satisfactory to the commissioners, whereupon the sale was deferred, and the holders of the bonds notified that interest would be paid upon the same until redeemed, at the rate of six per cent, per annum.. Therefore, Be it Resolved, That the Citizens' Bank of Louisiana (the fiscal agent of the city) be and is hereby authorized to pay to the holders of the aforesaid bonds the semi-annual interest as the same may become due, at the rate of six per cent, per annum, from the maturity of the bonds until the. principal be redeemed, when such interest as may have accrued since the last payment of interest be also paid to the holders of said bonds, out of the money deposited to the credit of the consolidated loan tax with the said fiscal agent. That the comptroller of the city be directed to receipt to the said fiscal agent, for any sums paid on account ot the above resolution, out of the consolidated fund. That a copy of the above preamble and resolutions be forwarded to the cashier of the Citizens' Bank. City Ordinance, No. 2730. Approyed May 2d, 185a CONSOLIDATED CITY DEBT — TAX, ETC. b9 ACTS OF iRE LEGISLATURE. Sec. 37. That the debt of the general sinking fund, commonly called The debts of the the old city debt, and the debts of the three municipalities, whether in itie8%™d of^thp ' the form of bonds, notes, interest coupons, cash warrants, or any other pneral sinking *^ . 7 ^ fund, to be as- species of obligation whatever, shall be assumed and paid by the city of sumed by the New Orleans, and said city is hereby declared liable therefor. The mayor, orfeans. ^^ comptroller and treasurer, and the chairmen of the finance committees of the two boards of the common council, shall constitute a commission, to be called the commissioners of the consolidated debt of New Orleans ; Commissioners of and they shall have power to issue bonds of the city of New Orleans, ^^bt'^of New*^^** having not more than forty years to run^ with interest, payable at such Orleans, place as may be agreed on between said commissioners and the parties to whom the bonds are issued, irf semi-annual coupons, in exchange for any bonds, obligations or debts of the old corporation, or of any of the municipalities, whether matured or not ; or to sell the new bonds and Their powers in apply the proceeds to the payment of the matured debts of the old bondl'^or'^obfi^a- corporation, or of the municipalities, but to no other purpose. The bonds ^ions of the city, thus issued shall form a stock, to be called the consolidated debt of New Orleans. At the time this act goes into operation, an exact and detailed statement of the indebtedness of the old corporation, and of each muni- Creation of the cipality, shall be filed in the office of the comptroller, by the secretary of Srif New Or- the board of liquidators and the municipal comptrollers respectively, leans, when the commissioners of the consolidated debt shall proceed to divide the debt of the old corporation between the several municipalities, in proportion to the assessed value of real estate within the limits of each, according to the State assessment roll for 1851. The amount thus Apportiot>ment apportioned to each, together with its individual indebtedness at the time the'old1;orpora- this act goes into operation, shall constitute the separate debt of each ^ion. municipality, and shall be known as the debt of municipality No. one, No. two and No three. The common council shall annually, in the month of January, pass an ordinance to raise the sum of six hundred thousand dollars by a special tax on real estate and slaves, to be called the consolidated loan tax ; and the rate per cent, of said tax in each municipality shall be in proportion to the indebtedness of each. All Raising of a con- ordinances, resolutions or other acts passed by said council, after the tax. * ^ ^^^ first day of January in each year, shall be null and void, unless the ordinance imposing the consolidation loan tax shall have been previously passed. At the end of each and every year, any surplus of the consoli- dated loan tax remaining in the treasury, after the payment of all the ^ , , „ , *^ - ,•' Surplus of the mterrSt and the expenses of the management of said debt, shall be consolidated loan applied to the purchase, from ^he lowest bidder, of such bonds issued posed o'? ^^^ under this act as have the shortest period to run ; and the common council shall have the right of rejecting all bids demanding more than the face of the bonds ; for which purpose public notice shall be given by the comptroller, in the official gazette for thirty days, inviting proposals from bondholders for the sale to the city of the bonds herein described. •From and after the passage of this act, no obligation or evidence of debt of any description whatever, except those herein authorized, shall be 70 CONTRACTS AND CONTRACTORS. issued by the city of New Orleans, or under its authority ; nor shall any loan be contracted, unless the same be authorized by a vote of a majority of the qualified voters of said city, which shall be taken in the manner prescribed by the city council, after ten days' proclamation by the mayor, in the newspaper chosen by the common council; aud no ordinance creating a debt or loan shall be valid, unless for some single object or work distinctly specified therein, and unless such oi'dinance shall provide to issuing bonds wavs and means for the punctual payment of running interest during the dences^of debt. ^^o\e time for which said debt or loan shall be contracted, ,and for the full and punctual discharge at maturity, of the capital borrowed or debt incurred ; and such ordinance shall not be repealed until principal and interest of the capital borrowed, or the debt incurred, are fully paid and discharged. — Act 1852, p. 58. Restrictions im- posed upon the corporation of New Orleans, as Debt of Lafayette assumed by- New Orleans. Payment of said debt, how pro- vided for. Sec 5. That the debt of the city of Lafayette shall be assumed and paid by the city of New Orleans, and the said city of New Orleans is hereby declared liable therefor ; and the amount of said debt shall be ascertained, and its payment provided for, and made in the same manner as the debt of eaeh municipality of New Orleans is ascertained and provided for in the act to which this act is a supplement ; and in raising annually the consolidation loan tax for the payment of the debt of New Orleans, an additional sum of fifty thousand dollars shall be raised for the purpose of providing for the debt of the city of Lafayette, now added to that of New Orleans, so that the whole amount of the annual levy of taxes for the payment of the debt of New Orleans, shall be six hundred and fifty thousand dollars. —Act 1852, p. 56. Sec. 42. That the common council of the city" of New Orleans shall, for the purposes of this act, once, and not ofteiiier, in each and every year, lay an equal and uniform tax upon all property, real and personal, Rate of taxation, in said city ; but said tax, added to the consolidated loan tax, and to the special tax for payment of the annual interest on the bonds issued by the city for subscriptions to the stocks of the New Orleans, Opelousas and Great Western Railroad Company, the New Orleans, Jackson and Great Northern Railroad Company, and the Pontchartrain Railroad Company, shall not in the aggregate be more than one dollar and fifty cents on one hundred dollars of valuation, except in case of invasion or insurrection : Provided, it be sufficient to pay the interest on the consolidated debts and railroad bonds issued by the city of New Orleans. — Act of 1856, p. 148. See Acts of 1855, p. 228. Equal and uni- form tax, to be levied annually. CONTRACTS AND CONTRACTORS. Surety to real estate. No. 234. Aoy person or persons contracting with the mayor and common council of the city of New Orleans for any work to he done in pursuance of law or ordinance, or any CONTRACTS AND CONTRACTORS. ^71 person or persons accepting any office of trust or emolument ffom said corporation, who'are required by law or ordinance to give bond for the faithful performance of the duties devolving upon him or them, shall be, and are hereby, required to furnish security, who shall be possessed of real estate to the amount of the obligation of said bond. The corporation reserving the right of demanding additional security whenever deemed advisable. City Ordinance, No. 233. See No. 74. No. 235. From and after the passage of this resolution, all Approval of .„. „ ,.,. ^ 1 M 1 TT1 • specifications, specifications tor pubhc works shall be approved by the commit- etc. tee on streets and landings before being published, and that the comptroller be and he is hereby directed hot to sell any contract until the specifications be prepared. City Ordinance, No. 2176. See No. 556. No. 236. All specifications for contracts to be let or sold at Publication of auction by the comptroller, shall be made and published at least ^^^" five times in the official journal prior to the day of said sale or letting, which specifications shall be approved by the chairmen of the committees on streets and landings. City Ordinance, No. 246. No. 237. From and after the passage of this resolution, all contractor's persons to whom contracts maybe adjudicated by the comptroller, rity^*^*° ^^'^^' shall, at the time of adjudication, offer good and sufficient secu- rity for the faithful performance of the said contracts, who shall immediately enter into an agreement binding themselves in that capacity. No. 238. That resolution No. 286, approved September 22d, Repealing pro- 1852, be and the same is hereby repealed. City Ordinance, No. 722. No. 239. That from and after the passage of this resolution. Duty of city it shall be the duty of the city notary, upon the promulgation of ^'^'^^^> ^^^' all resolutions approving the adjudications of contracts, to notify the parties thereof, through the post office, and, if within ten days thereafter, the contractors and securities have not signed their contracts, it shall become his duty to inform the city comp- troller thereof, and said comptroller shall, after five days' notice in the official journal, proceed immediately to a new sale, the amount deposited by the previous contractor being forfeited in favor of the city. City Ordinance, No. 1698. No. 240. That the comptroller be instructed to demand from Contractors to all purchasers of contracts adjudicated by him^ under authority of cent.,^tc!" ^* 7$ ■■ CONTRACTS AND CONTRACTORS. the eommon council, as a deposit in cash, at the time of adjudi- cation, a sum equal to ten per cent, on the estimated amount of the contract sold, provided said amount of deposit shall not be less than fifty nor more than five hundred dollars, on the condi- tion that said deposit shall be returned to the depositor whenever the council may reject the adjudication, or, whenever the deposi- tor and his securities shall have si2:ned the act of contract before the city notary, in cases where the council may have approved and accepted the adjudication, but in cases whenever the council may approve and accept the adjudication, and the purchaser of the contract, or either of his securities refuse or neglect to sign the contract before the Notary within ten days after such approval and acceptance, then the whole amount of said deposit shall be forfeited to the use of the city, to reimburse the city for the charges and damages resulting from the non-compliance of the party, on his part, to enter into contract ; and in case a party to whom a contract may be adjudicated, shall refuse to make a deposit, as aforesaid, the said adjudication for said cause shall be declared by the comptroller as null and void, and he shall thereupon proceed to off'er said contract for sale, and disregard any bid from the party delinquent, as aforesaid ; and* provided always, that in all cases of sales of contracts by the comptroller, by authority of this council, unless otherwise provided for in the resolution authorizing the sale, the council reserves the right of rejecting or approving the adjudication as may be deemed advisable or expedient ; and all ordinances or resolutions incon- sistent with this be, and the same are hereby repealed. City Ordinance, No. 2156. Approved May 15, 1855. For "Conditions of all Contracts," see No. 212. ■ See "Comptroller," No. 206 and No. 208. Non-fulfillment ^^- -^^- ^* ^^^^^ ^^ ^^® ^^^^ °^ *^^ survcyor to report to of contracts. ^^q council the non-fulfillmcnt of all contracts in which the city may be interested. City Ordinance, No. 455. Extra work. No. 2-i2. All claims against the corporation for extra work connected with contracts, shall not be included in the surveyor's certificates to the contractors, but separate bills shall be brought before the common council. City Ordinance, No. 818. As to "Right of city officers to Contract," eeo "Officers," No. 556. Certificates bearing interest, see No. 158. See "Bonds," page 24. For City Tax on Bonds, etc., see No. 689. Certificates to Contractors, see No. 802. Tines, etc., see No. 807 CORONER. 73 ACTS OF THE LEGISLATURE. An Act entitled an Act relative to works of Improvement in New Orleans. Sectiox 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly converted^ That all public works, materials or supplies susceptible of being put under contract, the costs thereof exceeding five hundred dollars, shall be sold by the" comptroller at public auction, and given to the lowest bidder who shall give adequate security ; provided that the comptroller shall have the right, at the time of the adjudication, to refuse such bid or bids as are injudicious or against the interest of the city. Sec. 2. That any party bidding for the works contemplated by this act, shall have the right to appeal to the common council from the decision of the comptroller, in case said party should feel aggrieved. Sec. 3. That the common council shall not have the power to release any contractor from a strict compliance with the conditions of his contract, but may grant an extension of time to parties for the completion of their contracts, when in their opinion it may be just and proper and for the interest of the city. — Acts of 1855, page 288. Sec. 21. That no member of the common council shall hold Members of com- any other employment or office under the government of New Orleans ^nted'from while he is a member of said council ; and no member of the common l^oldiug certain ' ^ _ offices, and from council, or any officer of the corporation, shall be, directly or indirectly, being interested interested in any work, business or contract, the expense or price or surety in certain consideration of which is paid from the city treasury, or by an contracts, assessment levied by an ordinance or resolution of the common council; * nor be the surety of any person having a contract, work or business with said city, for the performance of which security may be required. Acts of 1856, p. 140. See Acts of 1856, p. 143, sect. 30. CORONER. No. 243. (1.) From and after the passage of this ordinance, coroner's few. the coroner shall receive, for each inquest held in the city of New Orleans, the sum of ten dollars, which amount shall be in full, and shall include physicians' fees, jurors' fees, burial expenses, and all other costs incident to the duties of coroner. (2.) The sum of seven dollars only shall be allowed said coroner by the city of New Orleans, for services performed as above, when the friends of the deceased shall claim the right of burial, or there is property belonging to the deceased sufficient to defray the expenses of the same. 10 her in each, parish 74 CORONER. (3.) Tlie sum of five dollars only shall be allowed wlien, in conformity with section 2, act No 243, approved May 1, 1847, no inquest shall be deemed necessary, which sum shall include burial expenses, and all other charges incident thereto. Eepeaiing clause. No. 244. (4.) That ordinance No. 239, approved August 2 , 1852, together with all other ordinances that may affect this ordinance be and the same are hereby repealed. City Ordinance, 1^. 22o4/ approved June 23, 1855. For Coroners' Physician, see '-Physician," No. 584. ACTS OF THE LEGISLATURE, An Act to regulate and define the duties of Coroner, Meetton of coro- Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Asseinhly convened, That a (^roner shall be elected in each parish by the qualified voters thereof, on the first Monday of November, eighteen hundred and fifty -five, and every two His oath and years thereafter ; he shall take the oath prescribed by the Constitution, °" ' and shall give bond and security according to law, in the parish of Orleans, in the sum of twenty-five thousand dollars, and in the other parishes of the State in the sum of three thousand dollars. Should a Vacancy how vacancy occur subsequent to an election, it shall be filled by the governor, fill6y foreign inau- any foreign insurance company, in the city of New Orleans, shall be rancc companies. taxed five hundred dollars per annum , said tax to be collected by the state tax collector for the parish of Orleans, and as soon as collected JeclthTg such tax. shall be paid into the city treasury, to the credit of the fire department, to be divided equally between the different fire, hose, and hook and ladder companies, in such manner as may be determined by a majority of the firemen of said companies. Sec. 7. That whenever the charter of any corporation in this State Corporation , charter when shall be decreed forfeited by any competent court, the district attorney forfeited, how of the district shall forthwith inform the governor of the fact, who shall Pg^JJnst!'^ thereupon appoint a liquidator to take charge of and liquidate the affairs The duty of the of the corporation, as in case of insolvencies of individuals, Iii case of ^^^^™*^^g*^™^-^ death, resignation or removal of any liquidator so appointed, the gover- ernor. nor shall fill the va'cancy ; and in case of refusal of any person appointed ^hom*fined.^ to act as liquidator, he shall appoint the district attorney of the district, who may he ap- who shall be dispensed with giving bond and security. This section shall ^^^^'^ hquid- not apply to banking or other corporations whose liquidation is otherwise Proviso, provided for by law. Sec. 8. That all laws contrary to the provisions of this act, and all Certain laws re- laws on the same subject-matter, except what is contained in the Civil P*^^^^*^- Code and Code of Practice, be repealed. — Acts of 1855, p. 485. An Act for the organization of Corporations for Works of Public Improvement and Utility. Section 1. JBe ii enacted by the Seriate and House of Representatives of the State of Louisiana in General Assembly convened. That it shall bo ^^^ number of lawful for any number of persons, not less than six, on compliance persons, not less ..-,,■, • • r. 11 • i ^ ,-, 1 . -, than six. author- with the provisions following, to form themselves into and constitute a ized to form corporation for the following purposes, to wit : For the construction, a^corporltyn for working and maintenance of railroads, canals, plankroads, bridges, certain purposes. ferries and other works of public improvement, whether within or without the limits of this State, to eftect fire, marine, river and life insurance ; to carry on manufactures of cotton, woolfen, linen, silk and hempen cloths and cordage ; to construct and carry on iron, brass and copper foundries ; to construct and maintain drydocks or floating docks for the building or repairing of ships and other vessels ; to construct and carry on works to supply cities or towns with gas or water ; to compress cotton ; to the manufacture of iron, copper, lead or other metals, earthernware or stoneware, engines, cotton gins, machinery, paper, gunpowder, agricultural implements ; to establish companies for refining sugar ; and for sea navigation by steam ; to create lines of telegraph, and to establish chemical laboratories and manufactures of all kinds ; to open and work mines ; to construct and maintain docks, steamships, and other vehicles for the transportation of freight or passengers ; and generally all works of public utility and advantage. No corporation shall engage in mercantile or agricultural business, nor in commission, brokerage, stock-jobbing, exchange or banking business of any kind. 80 CORPORATIONS. Powers of such corporations. What shall be contained in the charter of said corporations. Becord of char- ter, when and how made. Amendments to charter, how made. Charter how for- feited. Conse- quences of for- feiture. Sec. 2. That said corporations shall have power and authority, first, to have and to enjoy succession by their corporate name, for the period expressed in their act of incorporation, not exceeding twenty- five years ; second, to contract, sue and be sued in their corporate name ; third, to make and use a corporate seal ; fourth, to hold, receive, purchase and convey under their corporate name, property both real and personal ; fifth, to name and appoint such managers, directors and officei's as their interest and convenience may require ; sixth, to make and establish such by-laws for the proper management and regulation of the affairs of the corporation as may be necessary and proper. Sec. 3. That every charter of incorporation shall contain, first, the name and title of the corporation, and the place chosen for its domicil ; second, a description of the purposes for which it is established, the nature of the business to be carried on, and the, designation of the officer on whom citation may be served ; third, the ainount of the capital stock, the number of shares, the amount of each share and the time when and the manner in which payment on stock subscribed shall be made ; fourth, the mode in which the elections of directors or managers shall be conducted ; fifth, the mode of liquidation at the termination of the charter. Sec. 4. That the charters of corporations, and the original sub- scriptions made for the purpose of organizing them, sh,all be recorded in the office of the recorder of mortgages, or other officer exercising his functions, at the place selected for the domicil of the corporation, and shall be published in a newspaper at its domicil once a week, at least for thirty days, but it shall' not be necessary to publish the names of the subscribers ; and any subscriber may present the charter and subscriptions for .record with the recorder of mortgages. Restrictions upon certain corporations. Extent of re- sponsibility of Btockholders. Sec. That it shall be lawful for the stockholders of any corporation. at the general meeting convened for that "purpose, to make any modifications, additions or changes in their act of incorporation,^ or to dissolve it with the assent of three-fourths of the stock represented at such meeting; any such modification, addition, change or dissolution shall be recorded as required by the preceding section. Sec. 6. That they shall forfeit their charter for insolvency, evidenced by a return of no property found on execution ; and in such case it shall be the duty of the district court, at the instance of any creditor, to decree such forfeiture and to appoint a commissioner for effecting the liquidation, whose duty it shall be to convert all the assets of the company, including any unpaid balances due by stockholders on their shares, into cash, and to distribute the same under the direction of the court amongst the parties entitled thereto in the same manner, as near as may be, as is done in cases of insolvency of individuals. Sec. 7. That no railroad, plankroad nor canal shall be constructed through the streets of any incorporated city or town without the consent of the municipal council thereof. Sbc. 8. That no stockholder shall ever be held liable or responsible for the contracts or faults of such corporation in any further sum than the unpaid balance due to the company on the shares owned by him; CORPORATIONS. 81 nor shall any mere informality in organization have the effect of rendering a charter null or of exposing a stockholder to any liability beyond the amount of his stock. Sec. 9. That in all cases where railroads, plankroads or canals Rights and du- shall cross any highway, the corporation shall so construct the works piankroTd and' as not to hinder, impede or obstruct its safe and convenient use ; and ^^^^^ companies n 1 .,,,,-. , , „ , , m constructing m ail cases where railroads, plankroads or canals shall be consti-ucted works across or dug across any plantation or land in cultivation, or that may be pifatltfons.'" cultivated, the corporation shall so construct the work as not to hinder, impede or obstruct the drainage of the land ; and if any railroad or plankroad shall in its course cross any tide waters or navigable rivers or streams, the company may erect, for the sole and exclusive use of such railroad or plankroad, the bridges required for crossing, but such bridges shall be so constructed as not to obstruct or necessarily impede the navigation of said waters or streams. Sec. 10. That all laws contrary to the provisions of this act, and all Certain laws re- laws upon the same subject-matter, except what is contained in the ^^^ ^ * Civil Code and Code of Practice be repealed. — Act 1855, p. 182. An Act for the organization of Corporations for Literary, Scientific, Religious and Charitable Purposes* Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened. That whenever Manner in any number of persons, exceeding six, may be desirous of forming them- T^^ich any num- selves into a corporation or body politic, for any religious, scientific, exceeding six, ' literary or charitable purpose, and to acquire and enjoy the rights, ^WesTn'to'^a^Sr. privileges and powers of a body corporate and politic in law, it shall be ppration for reii- „ ./ r- r > gious, scientific, lawful for such persons to prepare and sign an iastrument, either in an literary or char- autheniic form or under private signature, wherein they shall declare ^ * ^ purposes. and specify the purposes , and objects of such corporation; the name, style and title thereof ; the place chosen for its domicil; the manner in which such managers and officers are to be chosen ; the officer on whom citations may be served; and the length of time during which the corpo- ration shall exist and continue. The act of incorporation shall be handed to the district attorney of the district in which the domicil is fixed, for examination as to its legality ; and should he be of opinion that the purposes and objects of the corporation, as specified in said act, are legal, and that none of the provisions therein contained are contrary to law, he shall endorse his opinion to that effect thereon. The act, together with the opinion of the district attorney, shall then be recorded in the office of the parish recorder, or other officer performing the duties of parish recorder, which act, when so recorded, shall constitute the subscribers to the same, and their associates and successors, a body politic and corporate, for the purposes and objects declared and con- tained in the act and shall have continuance and succession by the name, style and title as set forth in the act, a copy of which, duly certified by the officer in whose office the same is 'recorded, shall be full and com- plete evidence of the contents of the original act. In no case shall the provisions of this section be construed to apply to free persons of color 11 82 CORPORATIONS, In what case a rule may be taken on district attorney. How amend- ments may be Powers of such corporations. Further powers of corporations. in this State, incorporated for religious purposes or secret associa- tions. Sec 2. That in case the district attorney shall neglect or refuse to give the certificate required by the above section, the applicant may take a rule on him in the district court of the parish in which it is intended for such corporation to have its domicil, to show cause within ten days from the service thereof why the applicant should not be created a corporation according to th-e terms and conditions set forth in the act of incorporation. Should the district judge be of opinion that the pur- poses and objects of the corporation, as specified in the act, are legal, he shall give judgment accordingly, a copy of which judgment shall be recorded with the act in the office of the recorder of mortgages, or other officer exercising his duties, in lieu of the certificate of the district attorney. Sec. 3. That when any corporation may be desirous of improving, amending or altering the articles and conditions upon which the corpo- ration may be incorporated, it shall be lawful for such corporation in like manner to draw up an act specifying and containing the alterations, improvements or amendments which they may desire to make in the ori- ginal act of incorporation, which act shall be handed to the district attorney for his opinion as to the legality of the alterations, amendments or improvements proposed, and he shall give his opinion touching the legality of the same ; and in case of the refusal or neglect of the district attorney to give the certificate required, the parties may take rule on him to show cause, as provided in the preceding section; which certi- ficates of the district attorney, or opinion of the judge, ^all be recorded in the manner and form Required above. Sec. 4. That sach corporation shall have full power and authority 10 make, have and use a common seal, with such device and inscription as they shall respectively deem proper, and the same to break, alter and amend at their pleasure, and by the name, style and title by them respectively provided and declared aforesaid, shall be capable in law to sue and be sued, and shall be authorized and empowered to make rules, by-laws and ordinances, and to do everything needful for their good government and support not repugnant to the constitution and laws of the United States, to the constitution and laws of this State, or to the instrument upon which the corporation respectively are formed and established. Sec. 5. That said corporation shall be capable in law, according to the terms and conditions upon which the said corporations are formed and established ; to take, receive and hold all manner of lands, tenements, rents and hereditaments, and any sum of money, and any manner and portion of goods and chattels given and bequeathed unto them or acquired by them in any manner respectively ; to be employed and disposed of according to the objects, articles and conditions of the instrument upon which the corporations resppctively are formed and established, or according to their articles and by-laws, or of the will and intention of the donors. CORPORATIONS. 88 Sec. 6. That no corporation, organized by authority of this act, shall Befitrictions hold property of a value exceeding three hundred thousand dollars. No porutiong. church corporation or minister of the gospel, for himself or the benefit of a church corporation, bhall be allowed to accept a bequest made in articulo mortis. Sec. 7. That all laws contrary to the provisions of this act, and all Repealing clause, laws on the same subject-matter, except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 185. An Act to extend the powers of Railroad Companies. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That in addition to Power to borrow the powers conferred by law upon railroad companies, any railroad of bonds secured company established under the laws of this State may borrow from time ^^ mortgage, to time such sum of money as may be required for the construction or repairs of any railroad, and for this purpose may issue bonds or their obligations, secured by mortgage upon the franchises and all the property of said companies, and payable at such times and places as the president and directors may designate, with power to sell, pledge or otherwise dispose of said bonds, on fauch terms as the said president and directors may deem expedient. Sec. 2. That a mortgage made by any company, as aforesaid, shall Mortgage when be binding in the several parishes through which a railroad may pass, rworded to be by the record of the mortgage in the parishjvhere the principal office or domicil of the company may be located, and such mortgage need not be re-inscrib^d to continue it in force. The president and directors of any company may confer on the holder of any bond or bonds issued for money for the use of said company, the right to convert the principal, due Bight may be thereon, into the stock of said company at any time, not exceeding ten ^^rt hmidsToto years from the date of said bond or bonds, under such regulations as the capital stock. president and directors may adopt ; provided, that nothing in this act shall be so construed as to authorize an increase in the capital stock of any railroad company. Sec. 3. That copies of all the books and records kept by the several* certified copies railroad companies in this State, including extracts from the stock books ^^ certain papers ^ 7 o may be received and minutes of the proceedings of the Directors, certified by the secre- in evidence, taries of said companies, under the seal of the company, shall be received in all the courts of this State as evidence in place of the originals. Sec 4. That this act shall take effect from and after its passage. — when this act Acta of 1856, p. 205. takes effect. For Telegraph Companies, see Act of 1855, page 109. For Corporations generally, see Civil Code, Art 418, et seq. 84 CURRENCY — BOARD OF COTTON PRESSES AND PICKERIES. An Ordinance relative to Cotton Presses and Pickeries. Not lawful to No. 245. (1.) It shall not be lawful for any person or persons, without the permission of the common council, to erect within the limits of the city any building for a cotton press or cotton pickery, or to use any building or lot for that purpose, under the penalty of a fine of not less than ten dollars nor more than twenty-five dollars for each day that such building or lot shall be used in violation of this ordinance. Repealing clause. No. 246. (2.) All Ordinances or parts of ordinances conflicting with the foregoing provisions, and all ordinances and parts of ordinances on the same subject-matter, are hereby repealed. City Ordinance, No. 3150. Approved Dec. 17, 1856, For "City Tax," see Nos. 658 and 663. CURRENCY— BOARD OF. ACTS of THE LEGISLATURE. An Act to authorize and require the State Treasurer and Secretary of State to perform the duties heretofore required of the Board of Cur- rency, in supervising the operations of the banks. Sectiok 1. Be it enacted by the Senate and House of Representatives of Certain duties ^^^ ^''^^^ ^^ Louisiana in General Assembly convened, That the State relative to the treasurer and secretary of State shall take care that the paper money banks assigned . it, !•„,-, -, -i ij?ii- to the State issued under the authority of the State be not depreciated, and tor tnis secrSry^o^f^W P^^P°^® ^^® following powers are vested in them, to wit : To supervise th^ 1st. To Supervise the faithful execution of the laws establishing and Srreguiatin^g'' regulating banks, and of the charters and by-laws of all banks working- banks, under them. Quarterly exami- 2d. Thoroughly to examine the affairs of any bank, whenever they may deem it expedient to do so, and at least quarterly. Weekly state- ^^' To require of the president and cashier of each bank, on Saturday nientto be made ^f gg^Qj^ week, the following statement in a printed form signed by them: First Capital realized, $ , Second. Amount of "dead weight," under the respective heads of real estate, loans on stock, long loans, personal or otherwise, protested paper and, in fine, of all assets not realizable within ninety days. Third. Movement of the bank, to wit : Loans on paper payable at maturity, and intended to meet the two-thirds of cash liabilities unrep- resented by specie ; Circulation ; Deposits and other cash liabilities ; Specie and cash assets. • CURRENCY — BOARD OP 86 Said statements shall be regularly furnished on the last Saturday of Monthly publlca- each month, and shall be signed by the treasurer and secretary, and published in the State paper, on the first Monday in each month. Sec. 2. That^the treasurer and secretary, whenever they m'ay think Power to call it expedient, shall have a right to call a meeting of the proprietors of prietors of banks, any one of the banks, to take cognizance of its affairs, and to call annually, and at least thirty days before the election of directors for the ensuing year, a meeting of the proprietors or stQckholders of each bank, and to lay before them full reports of its operations during the year, and of its real situation. Sec. 3. That they shall lay before the Legislature, in the first week Report to the of their annual session, or as soon as practicable thereafter, a full copy of all proceedings at such meetings of the stockholders, and of all their own doings during the year. And it shall be the duty of the president Copies of protest and cashier of each bank to furnish them copies of any protest that may ^ p^re^^ent and b^ entered by any director of the bank, so soon as the same shall be cashier, entered in its minutes. Sec. 4. That as a compensation for the duties herein required of the Compensation, treasurer and the secretary of State, they ^all be entitled to demand yearly each the sum of twelve hundred dollars, free from all expenses of office. Their expenses shall not exceed the yearly sum of one thousand dollars. Their compensation and expenses shall be assessed upon all banks subject to their supervision in proportion to the capital paid in by each bank respectively. * iSbc. 5. That all laws contrary to the provisions contained in this act^ Repealing clause, and all laws upon the same-subject matter, except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 119. An Act relative to the Board of Currency. Section 1. Be it enacted by the Senate and House of Representatives of the Slate of Louisiana in General Assembly convened, That an additional Additional mem- member of the board of currency, as now constituted, shall be appointed of currency °to^be by the governor of the State, by and with the advice and consent of appointed by the the Senate. governor. Sec. 2. That the additional member provided for in the first section Qualification of of this act, shall be a citizen of this State, and before entering upon his ^^^^ member, duties shall subscribe to the oath prescribed by the ninetieth article of Oath of office, the Constitution ; he shall reside in the city of New Orleans, and shall preside at all meetings of said board ; he shall hold his office for the term ^*^ d"t»es. of four years, unless sooner removed by the governor of the State ; he shall, in the absence of the other members of the board, supervise all proceedings as provided for in an act entitled *• an act to authorise and require the state treasurer and secretary of state to perform the duties heretofore required of the board of currency, in supervising the opera- tions of the banks," approved March 12th, 1855. Sec. 3. That the president of the board of currency shall receive an Salary of the annual compensation of two thousand dollars, to be paid in the same P'"«"^''°'^ °* t^® ^ DO&rci oi cur* manner as the other officers of said board are now paid. ren. y. Sec. 4. That this act shall take effect from aad after its passage.— When tUs act Acts of 1856, p. 130. ^''"s «ff««t- ELECTIONS. DAIRIES.— See '^Stables/' No. 780. DRAINS, DRAINING COMPANY. DECISION OF SUPREME COURT. Gutters and drains in the city of New Orleans are intended to carry off the water which falls from mins, or percolates through the ground, and they can be used by manufacturers as drains, only when that use does not result in a nuisance ; and this right is dependent upon the will of the local government — 5 Ann. p. 424. For late decision relative to right of company to receive dues for draining, see 11 Ann. ACTS OF THE LEGISLATURE. For Incorporation of Draining Company, see Acts of 1835, p. 67. Subscription to stock companies. Duty of treasu- rer. ELECTIONS. An Ordinance prescribing the manner of holding all elections that may become necessary bv virtue of the third seotion of the act of Legis- lature, passed on tne 12th of March, 1852, entitled "an act providing for the subscription of the Parishes and Municipal Corporations of this State, to the stock of corporations undertaking works of Internal Improvements, and for the payment and disposal of stock so sub^ scribed." No. 247. (1.) Whenever it shall become necessary to hold the special elections required under the 3rd section of the act of the Legislature, passed on the 12th March, 1852, entitled " an act providing for the subscription by the parish and municipal corporations of this State, to the stock of companies undertaking works of internal improvement, and for the payment and disposal of stock so subscribed '' — the said election shall be held and conducted in the same manner as if provided in the act consolidating the city of New Orleans for all other municipal elections ; the ofl&cers shall be appointed and qualified and the returns made, and the result proclaimed in the manner specially pointed out in the 11th and 12th sections of said last named act; but it shall not be necessary to hold the election at more than one precinct in each ward, which shall be desig- nated by the mayor in the advertisement calling the election. No. 248. (2.) That the city treasurer proceed immediately to prepare an alphabetical list of all persons paying taxes on ELECTIONS. 87 landed estate in the city of New Orleans, and to keep said list in his office, and to correct the same from time to time, as often as the changes in the names of the tax payers may require it, and it shall be the duty of said city treasurer, whenever a special election is ordered as aforesaid, to furnish a copy of said list for each precinct at which the votes are ordered to be taken, to the commissioners or inspectors of election. city Ordinance, No. 36 ; approved May 17th, 1852. No. 249. Hereafter the amount to be allow.ed for payment Refreshment of refreshments to judges and clerks of elections held in the city of New Orleans, shall not exceed the following rates, to wit ; twelve dollars at precincts where less than two hundred votes shall be polled, and three dollars in addition on every additional one hundred votes received in the larger precincts, provided that in no case shall the amount allowed exceed twenty- five dollars. City Ordinance, No 121. No. 250. Any member connected with the police department Police inter- who shall improperly interfere at elections, or make use of the influence of his office in elections, shall be discharged. City Ordinance, No. 28. Article 17. For adrertising Election Notices, see "Official Paper," No. 665. Coffee Houses not to be kept open on election days, see No. 175. STATE CONSTITUTION. Art. 13. No person shall be entitled to vote at any election held in this State, except in the parish of his residence, and in cities and towns divided into election precincts, in the election precinct in which he resides. , Art. 98. In all elections by the people the vote shall be by ballot, and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce. See Constitution, Art. 126. DECISIONS OP SUPREME COURT. An action of damages will lie against the commissioners of elections, when their decision is not the result of error but of malice, and intent to deprive the citizen of his right, or to overawe and control him in its exercise. — 6 Ann. p. 467. ACTS OF THE LEGISLATURE. For Number and Limits of Wards, see Acts of 1852, p. 43, sect. 2, placed under title of •'Common Council." Sec. 12. That on or before the first Monday in May, 1856, the couudi to estab-^ common council shall lay out and establish a sufl&cient number, not less d^ts!^^*"*^ ^'** 88 ELECTIONS. than four, of election precincts in each of the districts established by section second of this act ; each of which precincts shall coutain, as nearly as practicable, an equal number of qualified voters. And the common council shall make an accurate description of said precincts, and cause the same to be published in the official journal of the said common council, and if at any election thereafter more than five hundr d votes be polled in any of said precincts, then at some period, at least forty days previous to the next succeeding election, the common council shall rearrange the divisions of the precinct or precincts wherein such vote has been polled, and increase the number thereof if necessary. And in case the said common council shall fail to make such rearran- gement of said precincts, the mayor shall make the same at least thirty days previous to the next succeeding election. Appointment and Sec. 13. That the election at each of said precincts shall be ?n"pe?Sami°^ conducted by three inspectors of elections, one of whom shall be appoin- clerksof elec- ted by the mayor of the city of New Orleans for the time being, one by the board of aldermen, and one by the board of assistant aldermen. Two clerks shall also be appointed at each of said precincts ; one by the board of aldermen, the other by the board of assistant aldermen, and they shall possess the same qualification required for the officers named in section seven, without the qualification as to property. The said inspectors and clerks shall be legally qualified voters of the precincts in which they act, and shall be severally sworn by the mayor two days previous to the election, according to the provisions of the ninetieth article of the Constitution of the State, and they shall take the further oath that they possess the qualifications prescribed by this act. Said inspectors and clerks shall be appointed at least ten days before the Publication to be election; and the mayor shall cause to be published in the official mayor. ^^^ journal, at least five days before the election, a proclamation, setting forth the day on which the election is to take place, the precincts and polls established, the names of the inspectors and clerks at each, and the hours at which the polls will be opened and closed ; provided, that in case of a vacancy in the office of inspector or clerk at any precinct, arising from the neglect or refusal of either board to appoint, or the neglect or refusal of the person appointed to attend, or the sickness or death of the person appointed, it shall be the duty of the mayor to supply the place of the absent inspector, and of the inspectors to supply the place of the absent clerk. Returns of Sec. 14. That the returns of said election shall be made by said m2°°' ^°^ inspectors to the mayor, or, in case said mayor be a candidate for re-election^ to the sheriff of the parish of Orleans, who shall in the presence of the recorders of said city, specially notified by the mayor or sheriff, as the case may be, for that purpose, within three days after said returns have been received, and with the aid of said recorders, open and examine said returns, and proclaim the result of said elections, which they shall cause to be published under their official signatures in the official journal of said common council ; provided, that in the event of the failure to attend of the mayor or recprder, o,r any of them. FACTORIES, TANNERIES, SLAUGHTER HOUSES, ETC. at the time and place appointed, the absentee's duties may be fulfilled by any justice of the peace; and provided further, that any justice of the peace may take the place of any mayor or recorder interested in said returns. — Acts of 1856, p. 138. See "Act relative to Elections," Acts of 1855, p. 408. Acts of 1856, p. 117, and p. 9. EVENINa auN. No. 251. That the captains of police of the first, second, ^^"^5^^^°°^ third and fourth districts be, and are hereby, instructed to pur- chase the powder necessary for firing the evening guns in said districts, and present the vouchers for the same, after they have been approved by the chief of police, and it shall be the duty of the said captains to detail a member of the police force of each of said districts to fire the said evening guns, without extra compensation. City Ordinance, No. 292. As to tlie "Hour of firing," see No. 766. Hour for slaves to be homo, see No. 766. FACTORIES, TANNERIES, SLAUGHTER HOUSES, ETC. No. 252. (1.) From and after the passage of this ordinance, permission of it shall not be lawful for any person or persons to establish either obtained. a soap factory, tannery, bone black factory, camphene factory or slaughter house, within the limits of this corporation or to continue any that may now be established, without first having obtained permission of the common council, u\ider a penalty of one hundred dollars for each and every ofi"ense, recoverable before any court of competent jurisdiction for the benefit of the city. No. 253. (2.) That all ordinances or parts of ordinances Repealing clause, contrary to the provisions of this be, and the same are hereby repealed. City Ordinance, No. 2084. No. 254. (1.) That it shall be the dutv of every butcher, or Animals, how other person who slaughters, or causes to be slaughtered, any slaughtered, animals within the limits of this city, to do the same in a slaughter house, and not in the open air; said slaughter house, and the 12 90 FENCES, WALLS AND DITCHES. Penalty for leav- ing blood, etc., in streets, etc. Offensive odors. lot on whicli it is situated, shall be kept clean ; all blood and filth from each house and lot shall be removed immediately, and thrown into the current of the river. No. 255. (2.) That no blood, beeves' feet, heads, or any other matter which may exhale a disagreeable odor, Shall be deposited or left in any street, or on any lot or square of ground within said limits, under a penalty of from ten to fifty dollars for each offense ; to be recovered for the use of the city. No. 256. (3.) That if any slaughter house, or lot upon which it is situated, emits or exhales any oifensive odor, the occu- pant or owner thereof, shall be fined from five to twenty-five dollars ; to be recovered for the use of the city. Owner of house, No. 257. (4.) That if any blood, feet, heads, or other'parts ., re^ponsi . ^^ slaughtered animals are found in any slaughter house, or upon any lot in this city, which emits or exhales a bad odor, the owner or occupant of said slaughter house or lot shall be liable to a fine of ten dollars; recoverable for the use of the city. No, 258. (5.) That the police ofiicers shall visit, at least once in every week, each and every slaughter house, or place in which animals are killed, and see that the provisions of this ordinance are observed. Lafayette Ordinance, approved May 22, 1833. Duty of f dice officers. FENCES, WALLS AND DITCHES. Tences tb be made. Penalty for neg- lect, etc. Disposition of fines. No. 259. In all cases where banquettes or sidewalks are made in front of or bordering any lot or lots of ground within this city, it shall be the duty of the owner or owners of such lots to cause the same to be fenced with good substantial picket or board fences, so as to protect said sidewalks. No. 260. It shall be the duty of the street commissioner and his deputies to notify the owners or the agents, where the same can be known, in writing, to comply with the preceding resolution, within thirty days after service of said notice, and in case said owners or their agents shall not comply with said notice, then said owners or their agents shall be liable to a fine or penalty of ten dollars for every,ten days in contravention, recoverable before any court of competent jurisdiction. No. 261. In case any fines shall be recovered as aforesaid, the street commissioner shall apply so much thereof as may be FERRIES. 91 necessary to cause tlie work to be done, and pay the balance, if any, into the city treasury. City Ordinance, No. 1851. gee Civil Code, Art. 671, et seq. rERRIES.* No. 262. Whereas, complaints are frequently made that the . different ferries between the city of New Orleans and the right bank are not properly administered, and that the lessees thereof have not and do not comply with the terms and conditions of their contracts — Be it therefore resolved. That it is hereby made the duty of Duty of street . , conuuissioner. the street commissioner to examine into the manner in which the said ferries have been and are conducted, and in case he shall ascertain that there is any reasonable ground of complaint, or that the lessees do not strictly comply with the terms of their contracts, that he report them to the city attorney, or assistant city attorney, as the case may be, for such proceedings as the circumstances or laws may warrant. City Ordinance, No. 1937. ACTS OF THE LEGISLATURE. Sbc. 5. That the common council of the city of New Orleans, with Ferries, ho-w the police jury of that part of the parish of Orleans, on the right bank the parish of^ of the Mississippi river, shall have power to establish ferries across Orleans, said river, in the parish of Orleans, and to regulate the same. — Acts of 1855, page 368. DECISIONS OP SUPREME COURT. The police jury of the parish of Orleans have a concurrent right with the city council to establish ferries opposite the city. — 3 M. R. 711. It is no violation of an exclusive right to carry persons across the river Avithout demanding payment. — 4 N. S. 426. Police juries are authorized to establish ferries and to annex penalties to violations of the exclusive privileges they may grant to the lessees, and they possess the power to sell such ferry privileges at auction. But statutes granting such powers must be strictly construed, and the exer- cise of the powers conferred limited to the precise terms of the grant. — 3 Ann. Rep. 365 ; 3 La. Rep. 95. * The rules and regulations governing ferries are contained in the respective contracts made by the city with the lessees. See Ordinances, Nos. 1698, 1804, 2116, 2183, 2290, 2602, 2674, 2727, 2798, 2733, 2804, at city hall. 92 FIEE. FIRE. Chimneys, stoves, construc- tion of buildings, etc. Shavings, bon- fires, etc. Combustible matter, lights, etc. An Ordinance relative to Preventing and Extinguishing Fires. No. 263 (1.) No chimney shall be built against a wooden partition, beam, joist, or other piece of- timber ; no beam, joist, or other piece of timber shall be placed in the mantel-piece, or the flue of any chimney ; no hearth shall be laid on the joist of the floor; no plank or other combustible material shall be laid on the chimney top, and the flues of all chimneys shall be raised at least two feet above the peak of the roof of the house ; no oven, furnace, or forge shall be constructed against a par- tition wall, unless a counter-wall be made in masonwork, or unless there be left a space, of, at least, ope foot, if the partition wall be of brick or stone, and four feet if the partition enclosure be of pales and plank, and if the street commissioner or chief of the fire department shall find any chimney, oven, furnace, forge, or apparatus so defective as to be dangerous, he shall make a report to the mayor, who shall, in writing direct the owner or his agent to repair or remove the same, within such time as he shall deem reasonable. In case of neglect or refusal, the party oifending shall be fined not less than twenty-five dollars, and five dollars for every day he shall continue to violate the provisions of this ordinance; and if the danger be considered imminent, the mayor shall cause to be made such repairs and changes as may be necessary at the expense of the person oifending; providing that nothing herein contained shall be considered as relating to forges, foundries, and steam engines, or affecting the ordinances relative to the same. See No. 292. No. 264. (2.) It shall not be lawful to burn any shavings or other combustible matter, in any street, square, or public place, or openly in any yard or lot near any inhabited place; and it shall be the duty of all persons engaged in any trade by which shavings are made, at the close of each day, on leaving off work, to cause the place to be swept, and the shavings to be carefully removed to some safe position. All persons violating the provisions of this section, shall be fined not less than five, nor more than twenty-five dollars. No. 265. (3.) No owner or occupant of any stable or dairy, or other person shall use, in any stable or place con- taining hay, straw, or combustible matter, any lighted candle riRE. »o or other light, unless tlie same be securely kept in a lantern, nor shall any person keep any cotton, hay, straw, hemp, pitch, tar, rosin, or turpentine in any warehouse, stable, or other building not built of stone or brick, and covered with slate or tile, or other incombustible materials, nor shall any person keep any cotton, hay or straw uncovered in stack or pile — provided, any person may keep for domestic use hay and straw in wooden buildings. All persons violating the provisions of this section, shall be -fined not less than ten dollars, nor more than fifty dollars, and not less than five dollars for every day the violation shall continue after notice from the mayor or street com- missioner. No. 266. (4.) It shall not be lawful for any person to pitch, tar, tur- boil any pitch, tar, rosin, or turpentine, unless in an open ^®" ^°®' ® space, at least thirty feet distant from any building, vessel, or other property that might be injured thereby, or in a fire proof building, under penalty of not less than five, nor more than twenty-five dollars. No. 267. (5.) No person shall fire or discharge any gun, Firing pistols, pistol, fowling-piece, or fire arms within the limits of the city, or set fire to or discharge any rocket, cracker, squib, or serpent within the limits of the city, without the license of the common council — provided, that nothing herein contained shall apply to military reviews. All persons violating the provisions of this section, shall be fined not less than five nor more than twenty- five dollars. No. 268. (6.) The owner of every house covered with wood. Houses to have shall provide it with a good ladder, of the height of the house, ^**^^"^- to be used in case of fire; and, moreover, he shall provide a ladder fixed permanently on the roof timber, under penalty of five dollars for every month the owner shall neglect to comply with the requirements of the section, after notice from the mayor or street commissioner. No. 269. (7.) If any person, without reasonable cause, False alarm of shall make a false alarm of fire by outcry, the ringing of bells, ^^^' or otherwise, he shall be fined not less than ten nor more than fifty dollars. No. 270. (8.) When in order to stay the progress of a Demolition of fire, it shall be deemed proper to demolish one or more houses fi"ejttcf^ ^ ^^^ or buildings, the mayor, or, in his absence, the chief or acting chief of the fire department, shall take the advice of three proprietors of houses, and if he and they be unanimously of 94 FIRE DEPARTMENT. opinion that the house or houses should be demolished, then the said mayor, or chief, or acting chief, as aforesaid, shall be authorized to give orders for the destruction of said house or buildings, and the opinion of said officers and advisers shall be reduced to writing and signed by them, and shall be recorded in the mayor's office. In case the pulling down and demolition of any house or building by the direction of the mayor, or other officer aforesaid, shall be the means of stopping the said fire, or if the fire shall stop before it comes to the house demolished, then the owner of such house or building shall be entitled to recover a reasonable compensation therefore from the city ; but when the building so pulled down or demolished shall be that in which the fire originated, then the owner shall be entitled to no compensation therefor. See No. 281. Repealing clause. No. 271. (9.) All ordinances or parts of ordinances con- flicting with the provisions of this ordinance are hereby repealed. City Ordinance, No. 3172, Approved December 23, 1856. For Fire Limits, etc., see '• Buildings," p. 30. For Fire on Vessels, see No. 111. For Fire in Markets, see No. 448 ACTS OF THE LEGISLATURE. Art. 688. He who wishes to dig a well or a necessary, to build a chimney, or hearth, a forge, an oven, a furnace or stable, to put up shelves or to store salt or other cgrrosive substances near a wall, whether held in common or not, is bound to leave the distance, and to cause to be made the works prescribed by the regulations of the police, in order that his neighbor be not injured thereby. And if there be no regulations of police upon all or an^ of these subjects, he shall conform to the following rules, in cases which have not been foreseen. — Civil Code. FIRE DEPARTMENT. consist. An Ordinance concerning the Fire Department. Of what it shall No. 272. (1.) Be it ordained by the common council of the city of New Orleans, That the fire department shall consist -of one chief engineer, two assistant engineers and one captain, and one lieutenant for each organized company; thirteen engine FIRE DE1>ARTMEN1^. 95 companies, of twenty men eacli ; four hook and ladder companies, of fifteen men each ; one steam fire engine company, to be com- posed of one engineer, two drivers, one fireman, and eight hose pipe men — one hose company for fire engine ^^ Young America" of ten men, and of two bell-ringers. No. 273. (2.) That each engine company shall be provided what every with one engine, one hose carriage, five hundred feet of hose of provided with, the first quality, and two horses, with the requisite harness com- plete ; the same to be kept at all times in good order, and ready for service. No. 274. (3.) That each hook and ladder company shall be Hook and ladder provided with one hook and ladder carriage, a full set of hooks ^°™p*°^^^- and ladders, and one horse, with the requisite harness complete ; the same to be kept at all times in good order and ready for service. No. 275. (4.) That the steam fire engine company shall be steam engine. provided with one steam fire engine, one hose carriage and fuel wagon, three hundred feet of two inch hose of the first quality, and five horses, with the requisite harness complete; the same * to be kept at all times in good order and ready for service. No. 276. (5.) That the hose company for the steam fire nose company engine shall be provided with two hose carriages, six hundred ° ^ ^^™ engine, feet of good first quality India rubber three inch hose and eight hundred feet of first quality two inch hose, and two horses, with the requisite harness complete ; the same to be kept at all times in good order and ready for service. No. 277. (6.) That said chief engineer, assistant engineers. Police po^vers of captains and lieutenants of companies, shall have police powers at all fir^s. No. 278. (7.) That each engineer, captain and lieutenant officers' certifi- shall, upon his appointment, receive a warrant or certificate, in '^^**" the following words, viz : This certifies that is appointed chief engineer, assistant engineer, captain or lieutenant of the fire department of the city of New Orleans, and is entitled to all the powers and immunities belonging to said office, to be signed by the mayor of the city of New Orleans. No. 279. (8.) That the captains shall have the command of Duty of captains, the men and apparatus belonging to their several companies ; and shall take charge of the apparatus at fires ; and shall cause to be executed all orders of the chief or assistant engineers; and in the absence of those officers, shall take command at all fires, according to seniority of appointment. 96 riRE DEPARTMENT. Duty of lieu- No. 280. (9.) That the lieutenant shall be second in com- mand to the captains^ and, in the absence of the captains, shall take their place. DutyofcWefand No. 281. (10.) That it shall be the duty of the chief and assistant engineers, whenever a fire shall break out in the city, immediately to repair to the place of such fire, and to carry with them a suitable stafi", or badge of office, and to take proper measures that the several engines and other apparatus be arranged in the most advantageous situations, and only worked for the effectual extinguishment of fires ; to call for aid, if need be, from all persons present at fires, to assist in extinguishing the same, to assist in removing furniture, goods or merchandise, from any building on fire or in danger thereof, to act as guards to secure the same, and also to assist in pulling down or demolishing any house or building, if necessity require ; and further, it shall be their duty to suppress all tumults or disorder. It shall also be their duty to cause order to be preserved in going to, working at, or returning from fires, and at all other times when companies • attached to the department are on duty. See No. 270. Duty of chief No. 282. (11.) That the chief engineer shall have the sole command at fires over all members of the fire department, and all other persons who may be present at fires ; and shall take all proper measures for the extinguishment of fires, protection of property, preservation of order, and observance of the laws, ordinances and regulations respecting fires ; and it shall be the duty of said chief engineer to examine into the condition of the engines, and of all other fire apparatus, and of the engine and other houses belonging to the city and used for the purposes of the fire department, as often as circumstances may render it expedient, or whenever directed so to do by the committees on fire of the common council, and semi-annually to report the same to said committees; also to cause a full description of the same, together with the names of the officers and members of the fire department, to be published annually, in such manner as the said committees shall direct ; and it shall be, moreover, the duty of the chief engineer to receive and transmit to said committees all returns made of officers, members and fire apparatus, belonging to the respective companies, as hereafter prescribed, and all other communications relating to the affairs of the fire department, and to keep fair and exact rolls of the respective companies, specify- ing the time of admission and discharge, and the age of each engineer. PIBE DEPARTMENT. ^i member, which he shall report to said committees ; and he shall also report to said committees all accidents by fire which may- happen within the city, with the causes thereof, and the number and description of the buildings destroyed, together with the names of the owners and occupants, and an estimate of losses by the same. No. 283. (12.) No person under eighteen years of age shall Members of com. be employed as a member of the fire department of the city of New Orleans. No. 284. (13.) That the captain and lieutenant of each Duty of officers ,,,-■- - , . 1 /. ,1 of companies. ; engme company shall be selected and appointed from among the twenty men composing said company, and shall be stationed at the engine house of said company, and shall be constantly on duty. At an alarm of fire, said captain and* lieutenant shall attach the horses to start the engine and hose carriage belonging to the same, for the scene of the fire \ they shall also keep the engine, hose, etc., in good working order, the house in a cleanly condition, and take full and proper care of the horses attached to the same. No. 285. (14.) That it shall be the duty of the captains to Duty of captains see that the several engines and apparatus committed to their paS^^ °° care, and the several buildings in which the same are deposited, and all things in and belonging to the same, are kept neat and clean, and in order for immediate use. It shall also be their duty to preserve order and discipline at all times in their respective companies, and require and enforce a strict compliance with the city ordinances, the rules and regulations of the department, and the o'rders of their superiors. They shall also keep fair and exact rolls, specifying the time of admission, discharge and age of each member of their respective companies, and accounts of all property belonging to the department and entrusted to the care of the several members of their respective companies, and of all absences and tardiness among the same, in a book provided for that purpose; which rolls or record books are always to 'be subject to the order of the fire committees of the common council. They shall also make to the chief engineer true returns of all the members of the several companies, with their ages and the apparatus entrusted to their care, when called upon by said engineer so to do. No. 286. (15.) That the captain and lieutenant of each hook Duty of oflicers and ladder company shall be selected and appointed from among ^er companies. the fifteen men composing said company, and shall be stationed 08 FIRE DEPARTMENT. Duty of officers ot Ptenm engine hose company. Duty of officers of steam engine eompany. Englnfeer of dteam engine company. Members of fire companies. PoTrers of com* panics. . Power of officers «8 to buildings. at the house of said company, and shall be constantly on duty. At an alarm of fire, said captain and lieutenant shall attach the horse to and start the hook and ladder carriage for the scene of the fire ; they shall also keep the hook and ladder apparatus and carriage in good order, the house in a cleanly condition, and take full and proper care of the horses attached to the same. No. 287. (16.) That the captain and lieutenant of the hose company for the steam fire engine shall be selected and appointed from among the ten men composing said company, and shall be stationed at the house of said company, and shall be constantly on duty. At an alarm of fire, said captain and lieutenant shall attach the horses to and start the hose carriages for the scene of the fire. They shall also keep the hose carriages and hose in good order, the house in cleanly condition, and take full and proper care of the horses attached to the same. No. 288. (17.) That the captain and lieutenant of the steam fire engine company shall be selected and appointed from among the eight hose pipe men of said company. That the two drivers of said company shall be stationed at the house of said company, and shall be constantly on duty. At an alarm of fire said drivers shall attach the horses to and start the steam fire engine and hose carriage and fuel wagon for the scene of the fire ', they shall also keep the hose carriage, fuel wagon and hose in good order, the house in a cleanly condition, and take full and proper care of the horses attached to the same. No. 289. (18.) That the engineer of the steam fire engine, shall be stationed at the house of said engine ; shall be always on duty, and shall keep said engine in good order and ready for service. No. 290. (19.) The engineers and members of the several companies connected with the fire department shall wear such caps, badges, or insignia as the chief engineer shall direct, and no other person shall be permitted to wear the same. No .291. (20.) That no company shall have power to appoint or discharge any officer or member thereof, or shall leave the city on an excursion, or appear in the streets as firemen, except in cases of alarms or fire, unless by express permission of the chief- engineer. No. 292. (21.) That the chief and assistant engineers shall have the right to examine personally, all houses erected, or at any time being erected, in which fire is used, or intended to be used; with full power to cause such alterations and yiRE DEPARTMENT. ^^ iixjprovements in flues, stove-pipes, etc., in tlie same, and suck alteration in tlie location of fires in carpenter shops, and other equally hazardous occupations, as may be necessary for the public safety.- See No. 263. No. 293. (22.) That four engine companies and one hook Location of com* and ladder company shall be located in the first district ; four engine companies and one hook and ladder company shall be located in the second district; three engine companies and one hook and ladder company shall be located in the third district ; and two engine companies and one hook and ladder company shall be located in the fourth district, and that the same shall be stationed at such places and occupy such houses in said districts, respectively, as the fire committees of the common council shall determine. No. 294. (23.) That the steam fire engine company, the Location of steam hose company for the steam fire engine, and the bell-ringers, ers, etc. shall be stationed at such places, and occupy such houses in the city of New Orleans as the fire committees of the common council shall determine, and that said bell-ringers shall be always on duty day and night. No. 295. (24.) That the chief engineer, assistant engineers, officer*, captains, lieutenants, and members of the several engine, hook and ladder and hose companies, shall be appointed as hereinafter provided. No. 296. (25.) That the chief engineer, assistant engineers, Bemovaifrom captains, lieutenants, and members of the several engine hook and ladder and hose companies, . shall be subject to removal from office, or membership, as hereinafter provided. No. 297. (26.) That it shall be the duty of the chief Oath of officra. engineer and assistant engineers, captains and lieutenants, before entering upon the duties of their several offices, to be qualified by the mayor, either by oath or affirmation, that they will faithfully perform, to the best of their abilities, all the duties appertaining to the same. No. 298. (27.) That the chief engineer, before entering Bond of chief upon the duties of his office, shall give bond in the sum of twenty-five hundred dollars, made payable to the mayor of New Orleans and his successors in office, conditioned for the faithful performance of the duties thereof. No. 299. (28.) That each assistant engineer, before Bond of assist, entering upon the duties of his office, shall give bond in the '^^^ «D8»ne«r»- 100 FIRE DEPARTMENT. sum of twenty-five hundred dollars, made payalile to the mayor of New Orleans and his successors in office, conditioned for the faithful performance of the duties thereof. What companies No. 300. (29.) That no association, or organized society or club of firemen shall be allowed, except as authorized by this ordinance. Department sup- No. 801. (30.) That the support of the fire department tract. ^ "^"" as herein constituted, and the active working of the same, shall be done by contract, for the term of five years from the day of the date of the adjudication of the same. Sale of contract. No. 302. (31.) That the comptroller of the city of New Orleans shall after five days' publication thereof in the official journal, sell at auction, to the lowest bidder, the contract for the support of the fire department, as constituted by this ordi- nance, and the active working of the same year by year for the term of five years from the day of the date of the adjudication of the same. Appointments No. 303. (32.) That the purchaser of the contract for the officers™et^! ^ ° support of the fire department, and the active .working thereof, at the sale made in accordance with sections thirty and thirty-one of this ordinance, shall have power to appoint and shall appoint the chief and assistant engineers, the captains and lieutenants, and the members of the several companies connected with the fire department, and required to be organized by this ordinance ; and further he shall have power to dismiss the same, or any one of the same, from office or employment, at such time or times as he shall see fit. Obligations of No. 304. (33.) That the purchaser of the contract for the contract!'^ ° support of the fire department, and the active working thereof, at the sale made in accordance with sections thirty and thirty-one of this ordinance, shall, within one day after the day of the date of adjudication of said purchase, give bond, made payable to the mayor of the city of New Orleans and his successors in office, with security, to be approved of by the chairmen of the finance committees of the common council in the amount of forty thousand dollars; conditioned that said purchaser will fulfill and perform at his own charge and cost, during the term of his -contract, all that is required to be done and performed by sections one, two, three, four, five, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty* five, twenty-six, twenty-seven, twenty-eight, thirty-four, thirty- HRE DEPARTMENT. 101 five, thirty-six, thirty-nine and forty of this ordinance; .that he will make the appointments and invest .said yppoiat^mcnts with the authority and duties required by sections one, eight, nine, ten. eleven, thirteen, fourteen, fifteen, seventeen, eighteen, twenty, twenty-one, twenty-four, twenty-five and thirty-two of this ordinance ; and that he will cause to be done by the several engineers, captains and lieutenants of com- panies, and members of companies, appointed and employed by him under and by virtue of this ordinance, all the duties, services and labor required to be done by said engineers, captains and lieutenants of companies, and members of com- panies by this ordinance, and generally that said purchaser will do and perform at his own charge and cost^ during the term of his contract, all that is required to be done and performed by him under and by virtue of this ordinance. No. 305. (34.) That said purchaser of said contract, at Obligations of the sale made in accordance with sections thirty and thirty-one of this ordinance, shall, at all times, during the continuance of said contract, have in 'his employ and ready for service the number of companies and the number of competent men and officers attached to said companies, required by section one of this ordinance ; and said men and officers shall, whenever an alarm of fire is given, proceed at once with the engines and other apparatus for the extinguishment of fires entrusted to them, ^to the place of the fire, and there render full and efficient service. And said men and officers, with the engines and other apparatus for the extinguishment of fires entrusted to them, shall remain at the place of the fire, and in active service, until said fire is extinguished. No. 306. (35.) That the purchaser of said contract, at the obligations of sale made in accordance with sections thirty and thirty-one of this ordinance, shall, during the continuance of said contract, and in addition to said requirements of article two of this ordi- nance, keep constantly on hand four extra fire engines and four extra hose carriages ; the same to be always in good order and ready for service. No. 307. (36.) That the purchaser of the contract for the Duty of con- support of the fire department, and the active working thereof, ^^^'^^'^^' at the sale made in accordance with sections thirty and thirty-one of this ordinance, shall not transfer, assign over, or underlet the same to any person or persons, whatsoever, for the term* or any portion of the term of said contract; and that said purchaser 102 HRE DEPARTMENT. Duty of con* tractor. Police powers of contractor. InTcntory of engines, etc., be- lo::ging to the city. Contractor to keep engines, etc.. in good order. In case of death of contractor. s|i contraven- ing regulations relative to keep- ing gunpowder. Powder maga- zine to belong in common. How adminis- tered. Keeper to give bond. Proceeds how divided. ACTS OF THE LEGISLATURE, Sec. 7. That the city councils of the incorporated cities of this State be, and they are hereby vested with the Ml power to punish with a fine, not exceeding the sum of eight hundred dollars, any contravention of the police regulations by which any individual is forbidden to keep in his house or place of residence, more than a certain quantity of gun- powder as fixed by the said police regulations, and to apply a part of the fines to the informers, and the other part to the benefit of the corpo- ration of the cities. — Acts of 1855, p. 326. Sec. 3. That the powder magazine belonging to the city of New Orleans, shall belong in common to the three municipalities and shall be administered by the general council, who shall have authority to cause such alterations or repairs to be made thereto from time to time as they may deem necessary, and to appoint a keeper thereof, who shall give bond with security in the sum of ten thousand dollars, and that all sums arising from the storage of powder in said magazine shall be equally divided (after deducting all necessary expenses) between the three municipalities. — Acts of 1840, p. 50. An Act to authorize the Mayor, Aldermen and Inhabitants of New Orleans to establish a Powder Magazine for the use of private individuals. Section 1. Be it enacted by the Senate and House of Representatives of the Slate of Louisiana in Gefieral Assembly convened. That it shall be lawful for the mayor, aldermen and inhabitants of the city of New Orleans, to purchase out of the limits of said city a lot of ground, and to erect thereon a powder magazine, in which all gunpowder not belong- ing to the United States of America shall be deposited, whether such powder has been manufactured in this state or imported from any other state or foreign country ; provided said magazine be not situated farther than five miles from New Orleans, on the opposite side of the river. Sec. 2. That as soon as a quantity of powder, greater than one hundred pounds shall be imported into this state, it shall be the duty GUNPOWDER AND POWDER MAGAZINES. 117 of the owner or consignee of the vessel or craft on board of ■which the same shall have been imported, to cause such powder to be immediately removed to the aforesaid magazine, agreeably to the regulations which the mayor, aldermen and inhabitants of New Orleans may enact on that subject, and the said removal shall take place within three days from the arrival of the powder in the port of New Orleans, under a penalty of a fine of twenty dollars for every hundred weight of powder imported as aforesaid, which fine may be recovered before any court of competent jurisdiction, one half for the benefit of the said mayor, aldermen and inhabitants, and the other half for the use of the informer. Sec. 4. That the said mayor, aldermen and inhabitants of New Orleans shall adopt the necessary measures to secure and keep said powder in the aforesaid store, and that the said magazine shall be fire- proof, and be provided with a lightning rod. — Acts of 1818, p. 194. An Act supplementary to an act entitled, "an act to authorise the Mayor, Aldermen, and inhabitants of the city of New Orleans, to establish a Powder Magazine, for the use of private individuals," approved March twentieth, eighteen hundred and eighteen. Whereas the corporation of the city of New Orleans, by„virtue of a right which had been granted to them by the Legislature, has established powder magazines ; and whpreas time has proved that those powder ' ^ magazines obliged them to incur expenses which the receipts of said magazines could not compensate, at the rate of twenty-five cents per hundred pounds of powder : Section 1. Be it enacted hy the Senate and House of Representatives of The mayor, al- the State of Louisiana in General Assembly convened, That the mayor, ^^''*"®°'-®^;'4. aldermen, and inhabitants of the city of New Orleans shall have a right demand fifty to demand, from the owners of powder, or their agents, fifty cents per fo^ each hundred month for each and every hundred pounds of powder which shall be po^^'is of pow- , '' r r jgj, deposited in deposited m the magazines already established, or which may hereafter the magazine. be established by the corporation, any law, or provision of law to the contrary nothwithstanding. Sec. 2. That the mayor, aldermen, and inhabitants of the city of Mayor, alder- New Orleans shall enjoy the right which is granted to them by the first ™^°' ^^^'' *° section of the present act, but under the obligation, by them, to cause more powder the building of one or more powder magazines, to be begun in the delay bx^f *"^^^ of one year after the passing of this act, in such place as the city council shall deem proper to determine; provided, it be not less than two arpents distant from any inhabited place whatever. Sec. 3. That said mayor, aldermen, and inhabitants of New Orleans Right to build a shall have the right to cause said powder may-azines to be built within magazine within ,,,.,, „^, .,„ ^ , . , . . ■. the limits of the the umits ot the parish of Orleans, either with bricks or wood, according parish of Orleans. to the opinion of two engineers of known abilities. — Acts of 1829, p. 18. 118 HARBOR MASTERS — BOARD OF. HARBOR MASTERS— BOARD OF. Their duties, etc. No. 362. The harbor master shall be authorized from time to time, to cause such ships and vessels as shall not be employed in taking in or landing their cargoes, to remove from the levee in order to make room for other ships and vessels, having more immediate occasion for a convenient situation to take in or dis- charge theirs, and in such cases he is authorized to send such vessels so removed to be anchored or moored at the levee in all that part of the port which is included between the upper limits of Mr. John M'Donough's plantation and the lower limit of Madame Duverge's plantation, on the right bank of the river; or that part included above, between Delord steeet and the upper limit of the port ; and below, from Enghein street to the lower extremity of the said port on the left bank of the river, and as to the fact of their being really and truly employed either in taking in or discharging their cargoes, the said harbor master is appointed sole judge to decide thereon j and moreover the said • harbor master shall have the right of determining on what occa- sions and how far captains and others having charge of ships or vessels, must accomodate one another in their respective positions and in case any captain or other person resists, opposes or refuses to obey the harbor master in the discharge of the fifnctions of his office, such captain or other person having charge of any ship or vessel, or whoever the offender may be, shall for every such offense incur a penalty of fifty dollars. City Ordinance, of 1827, Art. 19. Their powers, etc. No. 363. The harbor master, or any other person that may be charged with his duties by the corporation, shall have a right to determine the manner in which steamboats, barges, flats, keel- boats and other craft of the same description, shall be moored near the levee, and to give the necessary orders for that purpose; and moreover to regulate the manner in which such craft must make room for one another ; and every captain of a steamboat, or master of any other craft, who shall not conform to the orders which shall be given to him by the harbor master, or any other person, substituted to him, shall pay for each and every such offense a fine of twenty-five dollars; and if after three days notice, the owner, master, or other person having charge of any flatboat, barge, keelboat and other craft of the same description, shall not HARBOR MASTERS — BOARD OF. 119 comply with tlie orders lie shall have received as aforesaid, the said harbor master or his representative may cut such craft adrift. CityOrdinanceof 1827, Art. 21. See No. 961. For duty, etc., of Harbor Masters of Canals, see Nos. 101 and 104. ACTS OF THE LEGISLATURE. An Act to establish a board of Harbor Masters for the port of New Orleans. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the act Certain act re- entitled "an act to regulate and define the duties of harbor masters,'' ^^® ' approved 15th March, 1855, be and the same is hereby repealed. Sec. 2. That the Governor shall nominate and, by and with the Governor and advice and consent of the Senate, appoint five harbor masters who shall nl'te five harbor constitute and be known as the board of harbor masters for the port masters, to con- * stitute the board of New Orleans, and whose term of office shall be two years: Provided, ofharb'rmast'rs. however, that the Governor shall have the power to remove from office po^r^o/the '^ anv of said harbor masters, upon satisfactory proof made to him of governor to re- •' . move said harbor negligence, incapacity or official misconduct. masters. Sec. 3. That each of said harbor masters shall give bond, payable to Bond and secu- the Governor and his successors in office, with two sufficient sureties, in by^harbo^r mas° the penal sum of twenty-five hundred dollars, conditioned for the faithful ^'^^• performance of the duties required of him by law. Sec. 4. That said harbor masters, under the rules and regulations to Duties and be established by the board, shall have authority to regulate and station ^^t"s?^ "^^-^^ot all vessels in the stream of the river Mississippi, within the limits of the port of New Orleans, and at the levees thereof, and remove from time to time, such vessels as are not employed in receiving and discharging their cargoes, to make room for such others as require to be more immediately accommodated, for the purpose of receiving or discharging their cargoes; and as to the fact of any vessel being fairly and bona fide employed in receiving and discharging, the said harbor masters are constituted the sole judges. And further, the harbor masters shall have authority to determine how far and in what instances it is the duty of the master and others having charge of ships and vessels, to accommodate each other in their respective situations ; and if any master or other person shall oppose or resist any harbor master in the execution of the duties of his office, he shall for each offense, forfeit and pay the penal sum of fifty penalty for op- dollars, to be sued for by the treasurer of the Charity Hospital of the P^^'f? harbor HiRSLi^rs 111 too city of New Orleans, for the use of said hospital : Provided^ however, performance of that if any person shall consider himself aggrieved by the decision of any Persons aggriev- individual harbor master, he shall be at liberty to appeal to the board, ed by the action ' J rr ' of a harbor mas- and their concurrence shall be given thereto before such decision is carried ter, may 'appeal into effect. to the board. Sec. 5. That the board of harbor masters shall have power to demand Compensation of and receive from the commanders, owners or consignees, or either of h*'^^^'' masters, them, of every vessel that may enter the port of New Orleans and load, unload or make fast to the levee, within the said limits, at the rate of 120 HEALTH— BOARD OF. — QUARANTINE. two cents per ion, to be'computed from tlie tonnage expressed in the register of such ressels respectively, and no more. This shall not extend to chalands, flats, keelboats, steamboats, or other vessels which are employed in the river trade, unless upon the application of the person having charge of such chaiand, flat, keelboat, steamboat, or other vessels so employed. The harbor master shall interfere and adjust any ditfer- ence respecting the situation or position of such flat or boat, which difference the -harbor masters are authorized to hear and determine ; in which case they may demand and receive from the party in default in the premises the sum of two dollars for every diff'erence so adjusted, and no more. Sec. 6. That it shall also be the duty of the said harbor masters to superintend and enforce all laws of this State, and all laws of the city of New Orleans, for the preventing]and removing of all nuisances whatsoever, in or upon the levee of the city. Sec. 7. That the said board of harbor masters shall keep an office in a central part of the city, and may appoint such clerks and deputies as Their clerks and they think proper, but the deputies and clerks shall take an oath to per- form truly and faithfully the duties imposed on the harbor masters, and the said harbor masters shall be responsible for their acts. Sec. 8. That all laws contrary to the provisions of this act, and all laws on the same subject-matter, except what is contained in the Civil Code and Code of Practice, be and the same are hereby^ repealed,— Acts of 1866, page 206. For Decisions of Supreme Court, see "Master and Port Wardens." Further duties of harbor masters. Office to be kept by harbor mas- ters. deputies. Certain laws re- pealed. HEALTH— BOAED OF.— QUARANTINE. Duty of street commissioner and the police. Quarantine es^ tablished. Board of health authorized to lo- cate quarantine ground, receiye transfer, and No. 364. That the street commissioner and all tlie police officers of the city be^ and they are hereby authorized and required, to execute and enforce all orders and instructions, that may be issued to them respectively by the board of health through its proper officers, in pursuance of the act of the Legis- lature, approved 15th March, 1855. City Ordinance, No. 2295. ACTS OF THE LEGISLATURE. An Act to establish Quarantine for the protection of the State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That there shall be quarantine established below the city of New Orleans, on the river Mississippi, at a distance not less than seventy miles by the river from the city. That the board of health, to be elected under this act, is hereby authorized to locate the quarantine ground, to receive the transfer of the necessary land in the name of the State, and to draw HEALTH — BOARD OF. — QUARANTINE. 121 upon the treasurer of the State for the necessary amount, out of the fund draw for amount appropriated under this act ; provided the consent of the governor of PTOvi^"'^ ^ the State is given to said purchase. Sec. 2. That there shall be a board of health, composed of nine Board of health, competent citizens of the State, to be elected as follow: three by the andchosen.^^ council of New Orleans, on joint ballot, and six to be appointed by the governor, by and with the advice and consent of the Senate. The said members shall be selected with reference to their known zeal in favor of a quarantine system. All the members of the board shall be com- Term of office, missioned by the governor for the term of one year, after having filed and subscribed in the office of ohe secretary of State an oath well aud Oath, truly to enforce and comply with the provisions of an act entitled "an » act to establish Quarantine for the protection of the State," aud in case of neglecting or failing to comply with the above required oath, within ten days after their appointment or election, their office shall be considered vacated. Sec. 3. That the board of health shall meet once a month from the Meeting of the first of November to the first of June, aud once a week from the first of ^^^^^ °^ ^^*"^ June to the first of November, and as often as they deem necessary. Sec 4. That the board of health shall meet and organize on the Time of meeting third Monday in April, and elect out of their own number a president, and organizing, whose duty shall be to reside in New Orleans and superintend the Duties of presi- different quarantine stations of the State, and it shall be his duty to ^^^^' visit them as often as the board of health shall deem necessary. He shall have the power to issue, during the adjournment, to constables or sheriJeF all orders and warrants provided by the provisions of this act, and shall report to the attorney general all violations of the same. It shall be his duty to lay before the board, at each meeting, the business to be transacted, and a book in which he shall enter copies of all letters written by him, orders and warrants issued, and a detail of all his acts. He shall present at each meeting all communications forwarded to him, and a report of the resident physicians and treasurers, and perform such other duties as shall be assigned to him by the board of health. He Hia removal, shall only be removed by impeachment, and shall receive a salary of jjjy gaiary. two thousand dollars a year. Sec. 5. That four members of said board shall form a quorum ; Quorum, provided however that no contract for building shall be entered into without the consent of a majority of the board. Sec. 6. That the board of health shall authorize the resident physi- Assistant physi- cian to employ, in case of need, an assistant physician at the quarantine ground on the Mississippi river, who shall act as his deputy, and whose His salary. salary shall not be more than two thousand dollars a year. The board Powers and du- of health shall have power to employ nurses and assistants to attend the of^health!^ ^^^ sick, and such other persons as may be necessary to carry out proper quarantine regulations, and to fix their compensation ; to fix the number of days of quarantine for vessels liable to it under sections ninth and thirteenth of this act, not to be less than ten days; to determine how said quarantine shall be performed ; and to make out all legal regulations not provided by this act, nor contrary to the same, and necessary to 16 122 HEALTH — BOARD OP.—QUARANTINE. carry out a proper system of quarantine, and to enforce the same by fine not exceeding five hundred dollars ; to make rules and regulations for preserving good order and police witliin the limits of the quarantine ground, and to impose penalties for the breach thereof; to contract for Secretaiy and the necessary buildings at the quarantine grounds; to appoint a secretary, Tvho shall act as a treasurer, whose salary shall be fifteen hundred dollars a year, and^ who shall furnish security in a sum of ten thousand dollars. It shall be his duty to keep a minute of the proceedings of the board, and all vouchers and expenditures made by authority of said Po-.ver to remoTe board. The board of health shall have poAver to remove or cause to be substances uetn- xnental to health removed, any substance which they may deem detrimental to the health in i ew Or eans.. ^^ ^-^^ ^.^^ ^^ -^^^ Orleans, and the commissioners of streets shall execute their orders, whenever not in conflict with the ordinances of Powers of the the city or the laws of the State; to pass and enforce sanitary ordi- board in enforc- r. ., .^ .■,,.-, i , ., mi lug sanitary nances for the city, provided the same are approved by the council and ordinances. published as city ordinances ; to define the duties of officers employed by them, and impose additional duties to officers appointed under this act ; to issue warrants to any constable, police officer or sheriff in the State, to apprehend and remove such person or persons as cannot be otherwise subjected to the provisions of this act, or who shall have violated the same; and whenever it shall be necessary so to do, to issue their warrant to the sheriff of the city or parish where any vessel may be, having violated the provisions of this act, commanding him to remove said vessel at the quarantine ground and arrest the officers thereof, all which warrants shall be executed by the officer to whom the same shall be directed, who shall possess the like powers in the execution thereof, and be entitled to the same compensation as if the same had been duly Appointment, issued out of any court of the State. The governor shall appoint a duties and salary police officer to be designated as marshal, who shall be under the control of said board of health, and reside at the quarantine station on the Mississippi river, - whose duties and powers shall correspond to those of a sheriff or constable, so far as regards the execution of warrants and arrest of persons for violation of said quarantine regulations, and for said services shall receive the annual allowance of one thousand dollars. Quarantine sta ^^^* '^' ^^^^ there shall be a quarantine station at some point on tion at the Eigo- the Rigolets, and another on the Atchafalaya river, two miles below lets and on the . -,,11 Atchafalaya. " Pilot's Station," at the north of the Wax bayou. The board of health is hereby empowered and it shall be their duty to locate them agreeably to the provisions of this section ; but the provisions of this act shall only apply to the station at the Rigolets from the day of the issuing of the proclamation of the governor as provided by section thirteenth, declaring any port on the lake shore or on the Gulf of Mexico to be an infected place, and shall remain in full force until suspended by a vote of two- thirds of the members of the board of health. The provisions of this act shall apply to and be enforced at the quarantine station on the Atchafalaya river, from the first of May to the first of November of each year ; and also when the governor shall have issued his proclamation as provided by the thirteenth section, and in such a case shall remain in HEALTH — BOARD OF. — QUARANTINE. 123 full force until suspended by a resolution voted for by two-thirds of the members of the board of health. There shall be no permanent building erected at Pilot's Station, on the Atchafalaya river, but the board of health shall use as an hospital^for the reception of the sick, hulls and cabins of steamboats ; the board of health shall employ an officer, whose duty it shall be, and who is hereby empowered, to require from captains of vessels, steamboats or crafts, having passed the station at the Rigo- lets, or on the Atchafalaya river, the permit of the resident physician The board of health shall appoint a resident physician for each of the two quarantine stations, on the Rigolets and on the Atchafalaya, and such other persons as may be necessary ; provided their salary shall run only during such time as they shall thus be employed, and shall in no case exceed, for the time they shall have been thus employed, the salary of the same officers at the quarantine station, for the same space of time, on the Mississippi. Sec. 8. That the resident physician of the quarantine ground shall Appointment, receive a salary of five thousand dollars ($5,000), and shall be appointed of ^Se Scfent " by the governor of the State, by and with the advice and consent of the physician of the Senate, and removable at pleasure. It shall be his duty to visit every ground, vessel coming from any port and entering the mouth of the Mississippi river. He shall require the captain of every vessel thus inspected to pay the following fees: for every ship, bark, or see going steamer, the sum of twenty dollars, and fifteen for all other vessels ; provided nothing contained in this section shall apply to any vessel or craft going from New Orleans to sea and returning without having touched at any port or at the quarantine, towboats excepted ; to all vessels not coming from any infected district, as provided by section thirteen, or not having on board patients, affected with cholera, yellow fever, pestilential, con- tagious or infectious diseases, or not in a sanitary condition, a certificate to that effect shall be given. It shall be his duty to return to the secretary of the board of health a weekly list of vessels by him inspected, together with the amount collected for such inspections, which shall form a fund for the support of the quarantine. Sec. 9. That the resident physician shall have the power and it Power to detain shall be his duty to detain at the quarantine ground, with their cargoes, ^^^^^^'i "^"^'^^ s- crews and passengers, all vessels coming from an infected district, as provided by section thirteen, or in a foul condition, or having on board persons affected with cholera, yellow fever, pestilential, contagious or infectious diseases, during such time as he may deem necessary, not less than ten days ; to compel the captain to land the sick at the Power to compel quarantine ground, to fumigate and cleanse all such vessels, and to sfck and fumi- Bubmit to such rules and regulations as will be hereafter provided by the °^^^ vessels, board of health, and that all costs incurred for vessels found in a foul Costs for vessels condition, including the sum of five dollars for the support of each and condition^ every sick person landed at the quarantine station, shall be borne by the captain and owners, and shall be paid to the resident physician, before a certificate, as provided by section eight, shall be given. Sec. 10. That the resident physician shall have such other powers Duties of physl- as may be delegated to him by the board of health, not contrary to the "*"• 124 HEALTH — BOABD OF. — QUARANTINE. Appointment, duties and salary of the treasurer for the quaran- tine ground. Duties of the secretary of the hoard of health. Proclamation in certain cases to be issued by the governor. Effects thereof. Penalty for not complying with certain quaran- tine regulations. Penalty for not complying with the regulations provisions of this act, and necessary to carry them into effect. It shall be his duty to remain at the quarantine ground, attend the sick, and perform all such other duties as may be required of him by the board of health. Sec. 11. That the board of health shall appoint a treasurer for the quarantine ground on the Mississippi river, with a salary of fifteen hundred dollars ($15,000) per annum, and who shall furnish security in the sum of ten thousand dollars ($10,000.) It shall be his duty to at- tend to the finances, collect all sums of money due by vessels in a foul condition, account and pay over to the secretary of the board of health all monthly balances in his hands, and shall receive and deliver the freight of all vessels ordered to be unloaded, and perform such other duties as the board of health shall require of him. Sec. 12. That the secretary of the board of health shall deposit in bank all moneys paid over to him, and shall keep a correct account of the same. He shall noreover present, at each meeting of the board, a statement of its affairs, and cause his accounts to be approved by the auditor of pablic accounts every three months, and shall act as commis- sary for the purchase of provisions and supplies, and shall deposit in bank all moneys paid over to him, and shall perform such other duties as the board of health may assign to him. Sec. 13. That the Governor of the State, shall issue his proclamation upon the advice of the board of health, declaring anyplace where there shall be reason to believe a pestilential, contagious or infectious disease exists, to be an infected place, stating the number of days a quarantine is to be performed. It shall be the duty of the resident physician to give timely notice to the board of health of the necessity of such proclama- tion. xVfter such proclamation shall have been issued, all vessels arriving in the port of New Orleans, or at the Rigolets, or at the Atchafalaya station, from such infected place, shall be subject to quarantine, and shall, together with their officers, crews, passengers and cargoes, be subject to all regulations, passed by the board of health, or provided by this act. Every master of a vessel subject to a quaran- tine or visitation, arriving in the port of New Orleans, who shall refuse or neglect eitho.r, first, to proceed with and anchor his vessel at the place designated for quarantine at the time of his arrival ; second, to submit his vessel, cargo, and passengers to the examination of the jjhysician, and to furnish all necessary information to enable that officer to determine what quarantine shall be fixed for his vessel ; third, to remain with his vessel at the quarantine ground during the period assigned for her quarantine, and while there to comply with the direc- tions and regulations prescribed by this act, or by the board of health, or with such directions prescribed for his vessel, creAV, cargo and passengers by the resident physician, shall be guilty of a misdemeanor, and be punished by a fine not exceeding two thousand dollars ($-2000,) or by imprisonment not exceeding twelve months, or by both, at the discretion of the court. Sec. 14. That every person wdo shall violate the provisions of this act by refusing or neglecting to obey or comply with any order, prohi- HEALTH — BOARD OF. — QUARANTINE. 126 bition or regulation made by the board of health, in the exercise of the of the board of powers herein conferred, shall be guilty of a misdemeanor, punishable ^* ' by fine and imprisonment, at the discretion of the court by which the offender shall be tried. It shall be the duty of the captain of every Duty of captain , towboat towing a vessel subject to quarantine or visitation, to leave such vessel at the quarantine ground, and to inform the captain of the penalties attending a non-compliance with the provisions of this act. Sec. 15. Tliat the captain of any sea-going vessel, steamboat, or Peualty for Tio- towboat, violating the provisions of this act, or the rules and regula- visions of this tions established or to be established by the board of health, shall be '^°*- considered guilty of a misdemeanor, and sentenced to pay a fine not ex- ceeding five hundred dollars, and imprisonment not exceeeding one year. Sec. 16. That the resident physician shall report to the attorney Report to be general all violations of this act; and it shall be his duty to prosecute |»ade of alf yio- all person or persons thus offending ; to collect the fines, and remit the act. amount thereof to the secretary of the board of health, whose duty it sai4 violations!" shall be to keep a separate book for fines collected, to be approved of every three months by the attorney general, who shall receive such compensation as the board may fix for his services. Sec, 17. That it shall be the duty of the harbor masters in their Duty of harbor respective districts, to demand of the captain of every vessel arriving masters, from sea to New Orleans, the permit of the resident physician, and to report to the secretary of the board of health all vessels having entered the port without such permit. Sec. 18. That from the first of May to the first of November, all Tow boats liable towboat s ply ins:; from the mouth of the river to New Orleans, shall be ^° inspection and ^ *' '^ ' quarantine, liable to inspection and quarantine, and it shall be the duty of the different harbor masters to require from the captains of such towboats the certificate of the resident physician, as provided by section eighth, which certificate shall not be granted before a detention of at least five days : provided, nothing herein contained shall be so construed as to apply to towboats plying between New Orleans and the quarantine ground, and no further. Sec. 19. That the captain of any towboat or steamboat, who shall Penalty imposed receive on board of his boat, freight, goods, or passengers, from a on captains for vessel liable to inspection or quarantine, or who shall receive goods or passengers from the quarantine ground, without the permission of the resident physician, shall be punished by a fine not exceeding two thou- sand dollars ($2000,) and by imprisonment at the discretion of the court ; and all violations of the provisions of this act at the quarantine courts which station on the Mississippi river, and at the Rigolets, shall be tried by shall have juris- the criminal court of New Orleans, and all violations of this act at the offenses, station on the Atchafalaya river, shall be tried by the district court of the parish of St, Mary. Sec. 20. That the board of health shall cause such extracts of this Extracts of this act to be made, as they may deem necessary for the information of the ed for theTenefit masters of vessels arriving in this State, and shall cause a sufficient o^ masters of T6SS61S* 126 HEALTH — BOARD OF.— QUARANTINE. Duty of pilots to deliver printed copies of ex- tracts. Penalty. Fine for going on board vessels performing quarantine. Designation of the limits of the quarantine sta- tic a. Appropriation of $50,000. When and how paid. Buildings at the quarantine sta- tion on the Mis- sissippi' Buildings at the lligolets. Building at the Atchafalaya sta- tion. Transfer of land ai the lligolets and on the At- chafalaya, how received. Election by coun- cil of New Or- leans of three members of the board of health. Incorporation of the board of health. number to be printed and delivered to the pilots, to be distributed to the masters of vessels arriving as before provided. Sec. 21. That every pilot or any other person acting as such, shall deliver to the master of every vessel inward bound, one copy of the principal extract from this act, which shall be furnished him by the board of health, and any pilot refusing or neglecting so to do, or aiding in landing any passenger or other person, contrary to this act, shall forfeit one hundred dollars for every oifense. Sec. 22. That every person who shall go on board of any vessel while performing quarantine, without the permission of the resident physician or his assistants, shall forfeit the sum of fifty dollars. Sec. 23. That the quarantine stations shall be known by that name, and their limits shall be designated by boards placed on the boundaries on which shall be printed in large letters : " These are the limits of the quarantine station." Sec. 24. That the sum of fifty thousand dollars ($50,000) be and is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, to be paid to the secretary of the board of health, on a resolution of a majority of the board, payable by instalments; provided that the second and third instalments shall not be paid until the accounts of the secretary of the board of health shall have been audi- ted and approved by the auditor of public accounts, for former disbursements. Sec. 25. That the buildings to be erected at the quarantine station, shall consist of, at the station on the Mississippi river, two separate buildings, as hospitals for the sick, of a small house as residence for the officers appointed under this act, and of a well ventilated store for the reception of the freight of such infected vessel as the resident physician shall deem necessary to cause to be unloaded. The buildings at the lligolets shall be constructed of wood and consist of an hospital for the sick, and of a store for the freight of vessels or steamboats ordered to be unloaded. At the Atchafalaya station a good shade shall be provided for the freight of vessels ordered to be unloaded. The board of health shall receive the transfer of such land as may be neces- sary at the Rigolets and on the Atchafalaya river, in the same manner and under the same conditions as are required by section one, and all plans, specifications and contracts for the above buildings shall be sub- mitted to and approved by the Governor of the State, provided that the costs of said buildings shall in no case exceed the amount hereinbefore appropriated. Sec. 26. That it shall be the duty of the council of New Orleans, within ten days after the passage of this act, to elect three members of the board of health, as provided by section second of this act, and all acts, resolutions and ordinances passed by them, after the expiration of the delay herein prescribed and before the election of the members of the board to be elected by them, shall be null and void. - Sec. 27. That the board of health and their successors are hereby created a body corporate, under the name of the board of health of the State of Louisiana, to sue and to be sued under that title. HOSPITAliS. 127 Sec. 28. That all laws or parts of laws inconsistent with the pro- Certain laws re- dphIgcI Yisions of this, be and the same are hereby repealed. Sec. 29. That this act shall take effect from and after its passage.— When this act ^ ° takes effect. Acts of 1855, page 471. HOSPITALS. For City Tax, see No. 670. ACTS OF THE LEGISLATURE. An Act to provide for the Administration of the Charity Hospital at New Orleans, and to provide a revenue for its support. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That within twenty Eight adminis days after the meeting of the general assembly each year, the Governor po'Sj," ed ann^uatiy shall nominate and, with the advice and consent of the Senate, appoint by the governor, eight administrators of the charity hospital at New Orleans, who, together with the Governor of the State, shall compose the board of administra- tors. The Governor shall be in perpetuity president of the board. They ^he governor to shall at their first meeting elect a vice-president, who shall perform the. ^^ president of duties of president in his absence. A quorum for the transaction of Vice-president, business shall be four administrators, who shall have power to elect, in the absence of the president and vice-president, a president pro tem. They shall assemble on the first Monday of each month, and oftener if when they shall the president think fit, or business requires it. ^^^^' Sec. 2. That they shall have full power and authority to manage and Powers of board, administer the hospital, to repair and improve its property, of what- ever nature it may be, to rent and lease the same, and to enter into any kind of contracts, (sales of real estate excepted,) to accept, in behalf of the hospital, all donations and legacies, also to sue and implead and to be impleaded, in all affairs and actions whatever, before any of the courts of the State. Sec. 3. That they shall have the power to order, establish, alter and Powers and da- put into execution all by-laws and ordinances which they think best suited to the interest and better regulation of the hospital, if such by- laws and ordinances be not contrary to the laws of this State, to the constitution of the United States, nor to the police ordinances of the cor- poration of New Orleans ; and to appoint the several persons they may judge necessary for the service of the hospital. At each monthly meet- ing they shall designate two of their own members, whose duty it shall be, either jointly or separately, to visit the hospital, at least twice in every week, to inspect the service of the same, and enforce the execution of the regulations, on all which they shall make their report to the board. 128 HOSPITALS. Treasurer, his bond. Duties of trea- surer. Power in certain eases to vacate members. Power to fill va- cancies. Annual report of the board. Sec. 4. That they shall appoint a treasurer, to be continued at their own will, who, before he enters upon the functions of his office, shall give a bond and security to the satisfaction of the board of adminis- trators. Sec. 5, That it shall be the duty of the treasurer to recover all sums due to the hospital, to keep a correct statement of its property, claims and revenues, and to make all necessary payments authorized by the board, and not otherwise, and. finally to return every year to the board a minute account of his receipts and expenditures, which, after being carefully examined by a special committee, shall, if found just and correct, be approved by the board. Sec. 6. That the board shall have power to declare the seat of any seat" oiT absent Diember vacant who shall absent himself from three successive monthly meetings, without leave, and to fill all vacancies that may occur in the board. Sec, 7. That the administrators shall, within the first ten days after the annual meeting of the general assembly, make a report to each branch thereof, which report , shall contain a faithful account of the receipts and disbursements of the institution, and a faithful statement of all property, both treal and personal, owned and claimed by the charity hospital. Register to be Sec. 8. That a register containing the family and christian names ep y e c er ^^ ^^^^ ^^^ every patient who shall have been admitted into the hospital, also his last place of residence, if known, the disorder with which he may have been afilic ted, the time of his death or discharge, and whether cured or not, shall be kept by the clerk of the establishment. Tableau to be an- under the Superintendence of the administrators; audit shall be their annual report, ^^^y -^ annex to their annual report to the general assembly a tableau extracted from this register, exhibiting the nature of the diseases attended to in the hospital during the proceeding year, the number of patients admitted, the number of persons dead, cured, or gone out of the hospital for any other cause; the number of those born in the same country, and the number remaining at the end of the year. Money coming to Sec. 9. That all money coming to the hospital shall be exclusively appropTiat^ed. °^ appropriated to the use of the patients, but the administrators may from time to time make such changes in or additions to the hospital as they may deem expedient, whenever the revenues may permit the same to be done. Sec. 10. That for every public ball or concert, the sum of ten dollars shall be paid to the treasurer of the hospital, and annu- ally for each theatre, five hundred dollars ; for each circus, one hundred and fifty dollars ; for every manegerie, fifty dollars, and every show, twenty-five dollars ; and it shall be the duty of the mayor of the city of New Orleans, in authorizing any of these exhibitions, previously to require the receipt of the treasurer of the hospital, for the payment of said sums respectively, and in case he should issue any license without such receipt, the city of New Orleans shall be liable therefor. ■Rep't to be made Sec. 11. That within twenty-four hours after the arrival of any of Tcs^lB.*° *" vessel at its place of destination from any foreign port, the commanding Certain exhibi- tions taxed for the benefit of the hospital. HOSPITALS. 129 oflBcer, or any other officer of such vessel, shall make under oath a -writ- ten report to any resident hospital commissioner, which shall state the name of such vessel, its owners, officers and consignees, the place where its voyage began, and the name, nation or birthplace, race or color, age, occupation, place of first embarkation, and place and time of debarkation in this State, of every person or passenger, not of the crew proper, and not a citizen of the United States, who shall have landed from such vessel within this State. He shall report in like manner whether or not any officer of such vessel has collected from any person or passenger, not a citizen of the United States, any commutation money, as hereinafter allowed to be paid ; and if so, from and by whom and to what amount. Sec. 12. That every person not a citizen of the United States, and Bond to be giren above the age of ten years, arriving and landing at any place within g^ns?^'^ *'" ^^^ the limits of the State of Louisiana, from any foreign port, shall in like manner report himself to any resident hospital commissioner, and when they are above the age of majority, or by their parents or guardians when under the age of majority, shall give bond in the sum of one thousand dollars, with one or more joint and several solvent sureties, resident in the parish where such person may have landed, conditioned that the principal in such bond shall not, at any time within five years from the date thereof, become, from any cause, chargeable in any manner to the State, to its citizens, or to any charitable institution within its limits, unless such institution be voluntarily supported by foreigners or citizens of foreign birth. And every person who shall Penalty for not refuse or wilfully neglect, for twenty-four hours after his arrival and ^^^ °^ ®"^ °**' landing, to make report and give bond as by this section required, shall incur a penalty of fifty dollars. Persons arriving and landing in the parishes of Plaquemines, St. Bernard, Orleans or Jefferson shall report themselves in New Orleans, and furnish bond with surety resident in the city of New Orleans. Sec. 13. That it shall be lawful for any person referred to in the Commutation for foregoing section, who may be unable or unwilling to furnish bond as ^^^'^ ^^^' required, to commute therefor by paying within twenty-four hours after his arrival the sum of two dollars and fifty cents. Sec. 14. That the commutation payments allowed by the foregoing Said commuta- . section may be lawfully made to any hospital commissioner, or to the ^hom*made.*^ ^ clerk or commanding officer of the vessel on which the person making such payment arrives. And every such commanding or other officer shall on the arrival of their vessel, or on his own arrival, forthwith pay over to any hospital commissioner the sums so received or collected, less a commission of five per cent., which he shall be entitled to retain for his trouble. Sec. 15. That all bonds taken or reports received by any commissioner, Effect of bonds as aforesaid, shall have the force and authenticity of notarial acts, as against the signers thereof; and every person not a citizen of the United States, claiming to be exempt from making report or giving bond, shall be held to prove his exemption. Sec. 16. That it shall b^ the duty of the board of administrators to Hospital commls. appoint one or more commissioners, removable at will, to be styled "^'^®''^' 17 130 HOSPITALS. pointment,duties hospital commissioners, who shall have power, in the name and for the an powers. ^^^ ^^ ^^^ hospital, to sue for and recover, collect, receive and receipt for, all commutation money, bonds, fines, forfeitures and penalties ; the commissioners shall each furnish bond satisfactorily to the president and administrators at the hospital, for the faithful performance of their duties. They may also, with the consent and approbation of the presi- dent and administrators, appoint deputies, for whose acts they shall be responsible, who shall be vested with the same powers and duties as themselves. The commissioners and deputies shall perform such other duties as may be imposed on them by the board ; they are also vested with the power of boarding all vessels and examining their log books and other documents, and with all other, powers reasonable and neces- sary for properly enforcing the same in all its parts, they being responsible for the abuse of their powers ; they also shall have authority to compound for penalties, fines and forfeitures incurred so long as judgment has not been rendered for the same, subject always to the control of the board. Bonds, fines and Sec. 17. That all bonds, fines, forfeitures and penalties shall be paid p^ai" tcThaspitait ^^ ^^^ belong to the charity hospital, and shall be applied to the medical and how applied, and surgical relief of the sick and destitute. Penalties for cer- Sec. 18. That any person opposing or obstructing in any manner the commissioners or their deputies in the exercise or performance of their official duties, shall incur a penalty of not less than twenty-five dollars nor more than three hundred dollars. Any person collecting commutation or other money on behalf of the charity hospital, or belonging to it, and concealing the fact, or not paying the same over to the proper commissioner or agent, on demand, shall incur a penalty of not less than one hundred nor more than one thousand dollars. Any commanding or other officer of any vessel refusing and unreasonably neglecting to report, shall incur a penalty of not less than fifty nor more than five hundred dollars. Certain laws re- Sec. 19. That all laws contrary to the provisions of this act, and all laws upon the same subject-matter, except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 203. DECISIONS OF SUPKEME COURT. The statute of March 12, 1838, sec. 4, making it the duty of the mayor of New Orleans, before authorizing exhibitions in any theatre, to require from the manager the production annually of a receipt from the treasurer of the charity hospital, showing the payment by the manager of the sum of five hundred dollars for the use of the hospital, is not unconstitutional. The exaction of a price for the license so granted is not, in its proper legal sense, a tax. 2 Ann. 550, 5 Ann. 380. The council may grant permission to one or more individuals to erect a hospital within the city. 9 R. R. 411. The common council may abate private hospitals when they become nuisances, 6 N. S. 4.09, HOTELS, BOARDING HOUSES, ETC. 18 1 The tax created by the statute of March 27, 1843, providing a fund for the support of the charity hospital of New Orleans, being imposed exclu- sively on the passengers and not on the officers and crew of a vessel, cannot be regarded as a regulation of commerce and is therefore not a violation of the United States constitution (Art. 1, sec. 8,) nor are its provisions inconsistent with any act of Congress regulating commerce or prohibited by the act of Congress of April 8, 1812, that act having no further application since the admission of Louisiana into the Union. 7 K. R. 210. HOTELS, BOARDING HOUSES, ETC. For city tax, see Nos. 654, 684, 721. Betaining free persons of colour, see No. 771. ACTS OF THE LEGISLATURE. Sec. 62. That all keepers of hotels, taverns, boarding houses, and Account to be all other house keepers, upon their being requested by the assessors of keepers^o^ hotels the district in which said hotel, tavern, boarding house or other house, etc. may be situated, shall give auch assessors a true account of all persons boarding or lodging or being tenants or resident in such house, and their several names, if known to the end that any such person pliable to taxation may be assessed according to this act ; and if any person of ' whom such information is demanded shall refuse to give the same, or shall wilfully give an erroneous account, such person shall forfeit and Penalty for not pay one hundred dollars to the city of New Orleans, which said city may account.'^^ sue for and recover the same, in any court having jurisdiction thereof. — Acts of 1856, p. 151. HOUSES OF REFUGE. No. 365. (1.) Hereafter, in the montli of May, in each Council to elect ,, ^^ ^^^ ^ i. .. c commispioncrs. year, the council will elect thirteen citizens to serve tor one year, or until their successors shall be elected, who, with the mayor, shall constitute a board of commissioners for the manage- ment of said house of refuge. No. 366. (2.) The commissioners, of whom five shall form President, a quorum, shall at their first meeting after their election, elect from their own members a president, prescribe his duties and adopt rules and regulations for their own government. 132 HOUSES OF REFUGE. Power and duty No. 367. (3.) The board of commissioners shall have the ofcommissioners. ^ • i i management of said house of refuge^ prescribe the kind and amount of labor to be performed by the inmates — make rules and regulations for their instruction^ improvement and govern- ment, and do and perform all other acts they may deem neces- sary and proper for their improvement, or to carry into complete effect the objects contemplated by the laws of the State, relative to houses of refuge for juvenile delinquents and juvenile vagrants. Provided, however, that they shall not make any agreement or contract for the payment of money, except for the ordinary supplies and expenses of said house of refuge, or for materials, or mechanical or agricultural tools, for manu- facturing or agricultural purposes in said institution. No. 368. (4.) The said commissioners shall report quarterly to the council the condition of said house of refuge, accompanied by such information and suggestions in relation to the same, as may be deemed expedient. No. 369. (5.) The standing committees on the house of refuge, of either board of the common council, shall have authority, at all times, to inspect the minutes of the proceedings of the board of commissioners and all records of the institution ; and it shall be the duty of said committees to visit the said house of refuge at least once in every month. No. 370. (6.) The commissioners of the house of refuge be, and they are hereby authorized to appoint such number and grade of officers or servants for the institution, as they may deem necessary and advantageous, and determine their compensation, provided the annual salaries and wages shall not exceed the sum of five thousand and five hundred dollars. No. 371. (7.) Immediately after the adoption of this ordi- nance, the council shall elect thirteen citizens as commissioners, as aforesaid, to serve until the next annual election. Eepeaiing clause. No. 372. (8.) Ml Ordinances of the late Municipalities Nos. 1, 2 and 3, and of the late city of Lafayette, inconsistent with this ordinance be, and the same are hereby repealed. City Ordirance, No. 1015. To report. Standing com mittees. Officers and ser- vants. Failure to attend meetings. No. 373. When any member of the board of commissioners of the house of refuge shall fail to attend all the meetings thereof, during a period of two calendar months, without leave from the board, he shall, ipso facto cease to be a member of said board. City Ordinance, No. 2123. HOUSES OP REPUaE. 138 No. 374. That the ordinances or resolutions of the common Secretary of board. council, or of the late Municipality No. 2, constituting the clerk of the recorder of said [Municipality, or of the recorder of the first district, secretary of the board of commissioners of the house of refuge, and providing for his compensation be, and the same are hereby repealed, and that the board of commissionei*s have power to elect their secretary. City Ordinance, No. 1261. No. 375. From and after the passage of this ordinance the The house of rcfuGTo house of refuge situated in the first district of this city, and known as the house of refuge of Municipality No. 2, shall be known and recognized as the house of refuge of the city of New Orleans. All juvenile delinquents and offenders, committed by the recorder or other magistrates or courts of the city to the house of refuge, shall be sent to it. City Ordinance, No. 3S. No. 376. That the city attorney be, and he is hereby. Legal proceed- instructed, to attend to all cases of habeas corpus, or other legal °^^* proceedings, relating to the house of refuge. City Ordinance, No. 229. No. 377. That the proposition of James Saul, to transfer to Giris of House of the city the title acquired by him, under the adjudication at ^®^"s®* public sale on the 19th March last, by Beard and May, auctioneers, of the property known as the ^^ Fulton School House, '^ to be used as a house of refuge for girls, be accepted ; and the mayor is hereby authorized to accept and sign an act of retrocession of the same, etc., etc. City Ordinance, No. 1340. No. 378. In order to enable the inmates of the house of Appropriation refuge to celebrate the following public holidays, viz : the anni- ^°^ ° ^ ^^^' versary of American Independence, Washington's birth day, and thanksgiving day, that the sum of fifty cents for each boy and each girl in the houses of refuge, for the time being, be and is hereby appropriated for each of said holidays, for each year, payable on the warrants of the .comptroller, in favor of the pres- ident of the board of commissioners of the house of refuge, and which the comptroller is hereby authorized to issue one week previous to the date of said holidays, respectively. CHty Ordinance, No. 1576. Punishment of Minors, see No. 648. 13-4 INSANE PERSONB- ACTS OF THE LEGISLATURE. Application of Sec. 5, That all inmates at present in any of the houses of refuge in thi^sSr'^^°°^ °^ *^® ci*y °^ ^®^ Orleans shall be kept, detained and governed during the periods respectively specified, and dealt with in all respects according to the provisions of this act. — Acts of 1850, p. 96. Juvenile va- Sec. 122. That if any child shall be found begging for alms or ?r*^ed. °^ soliciting charity from door to door, or in any* street, highway or public place, such child shall be deemed a vagrant, and any justice o^ the peace of the parish, or any one of the recorders or aldermen of the city of New Orleans, shall commit him to such place of refuge as may be pro- vided by the parochial authorities, and if in the city of New Orleans, to the house of refuge of the city, and the child shall be there detained, kept, employed and instructed in such useful labor as he shall be able to perform, until discharged therefrom under the rules of the places of refuge, or bound out as an apprentice by the administrators of such places of refuge, or by the parochial authorities. — Acts of 1855, p. 150. Persons under Sec. 31. That the judges of the several courts of the city of New capital, may°be Orleans, exercising criminal jurisdiction, are herby authorized and housT^^f ^V^® empowered to sentence all persons under the age of fifteen years, con- instead of peni- victed of any crime not capital, to the house of refuge, instead of the en lary. penitentiary or parish prison. — Acts of 1855, p. 155. INSANE PERSONS — ASYLUM FOR, ETC. Asylum building No. 379. That the buildings on Levee street, third district, known as the third Municipality work house, be, and they are hereby, appropriated for a temporary asylum for the indigent insane ; and it shall be the duty of the recorders of the various districts of the city to commit such persons to said asylum until provision can be made for their admission into the State asylum at Jackson. Officers. No. 380. There shall be appointed by the mayor one super- intendent, at a salary of sixty dollars per month ; one male assistant at a salary of forty-five dollars per month ; and two female assistants, at salaries of fifteen dollats per month, each j all of whom shall board in the institution and be in attendance day and night. Duty of superin- No. 381. It shall be the duty of the superintendent to attend tendent. ^^ ^j^^ proper carc and security of the persons therein confined, and under the direction of the police committees of the council, to purchase the necessary provisions, clothing, etc., for the inmates INSANE PERSONS — ASYLUM FOR, ETC. 135 and make monthly returns to the council^ and keep the necessary books to show the transactions of the institution. No. 382. All ordinances or parts of ordinances contrary to Repealing clause, the same be, and they are hereby repealed. City Ordinance, No. 1794. Approved Oct. 21, 1854. No. 383. That ordinance No. 1794, relative to the removal Location. of the indigent insane asylum from its present location to the late third Municipality work house, be so amended as to designate the property belonging to the city, and situated in the square bounded by Groodchildren, Clouet, Louisa and Morales street. City Ordinance, No. 1817. No. 384. The superintendent of the temporary insane asylum, charge for slaves, third district, shall charge and collect of the owner or owners of every insane slave received by him in said asylum the sum of fifty cents per day, in full compensation for care and support of said slave during the time he or she remains in said asylum, the money collected to be deposited weekly into the city treasury for the benefit of said city. City Ordinance, No. 1908. No. 385. From amd after the passage of this ordinance it charge for white shall be the duty of the keeper of the insane asylum to charge p**'^°^^- and collect one dollar per day for the keeping of each white patient, upon the certificate of the mayor of the city or either of the recorders of the several districts that said patient or person entering the same are able to pay said amount, said money so received to be handed over to the city treasurer for the benefit of said institution. City Ordinance, No. 2323. No. 386. From and after the adoption of this resolution, it Duty of city at- shall be the duty of the attorney of the corporation to take the ^'^^^' requisite legal steps for the admission of indigent insane persons into the State asylum at Jackson, whenever the mayor of the city shall furnish the attorney with the names of such persons as he may deem fit subjects for removal thither. City Ordinance, No. 342. No. 387. It shall be the duty of the physician of the police Duty of city pby- jail to visit the insane confined therein at least once a day, and when any of their number shall have sufficiently recovered, that he be authorized to issue an order for the discharge of such person. City Ordin»ace, No. 1368. ' 136 INSANE PERSONS — ASYLUM FOR, ETC. Notice to sheriff. No. 388. That tliG keeper of the insane asylum be required to notify the sheriff of the parish of Orleans of the number of persons confined in said institution which are to be transferred to the insane asylum at Jackson^ La., whenever they have remained over the time prescribed by law, and so directed by the city physician. City Ordinance, No. 3224. ACTS OF THE LEGISLATURE. Lunatics, how ad- Sec. 9.' That whenever it shall be made known to the judge of the Snm.**^ ^^^^^ district, by the petition and oath of any individual, that any lunatic or insane person within his district ought to be sent to or confined in the Duty of the dis- insane asylum of this State, it shall be the duty of the said district judge tnctju ges. ^^ issue a warrant to bring before him, in chambers, said lunatic or insane person, and after proper inquiry into all the facts and circumstances of the case, if in his opinion he ought to be sent to or confined in said insane Duty of the asylum, he shall make out his warrant to the sheriff of the parish, com- shenffs. manding him to convey the lunatic or insane person to the insane asylum Compensation to for which duty the sheriff shall have the right to demand the same fees ^ ®" "' as are now allowed by law for the conveyance of convicts to the peniten- tiary of the State, which shall be paid out of the parish treasury, upon the order of the district judge, and likewise all other expenses previously incurred in bringing said insane person before the distirct judge. Powers of the Sec. 10. That the board of administrators shall have authority to lunatics^ irf ^ cer^- receive insane persons, not sent to the asylum by a district judge, on such tain cases. terms and conditions as they may deem fit to adopt ; and money so received shall be applied to the support of the institution. Monthly a- Sec. 11. That all persons received in the asylum as insane, shall be by the'lunati^R. charged at a rate not less than ten dollars a month, unless the police jury Persons in indi- Qf ^^g parish from whence the insane person came, a municipal council, gent circum- ^ i. ^ r ■• stances excepted, if from a city or town, or clerk of the court, shall certify that said person is in indigent circumstances. Duties of clerks? Sec. 12. That whenever application is made to the clerk for a certifi- relatfye^^to^The cate as above stated, it shall be his duty to examine, under oath, such admissioD of lu- witnesses as may be brought before him, and to give or refuse said cer- natics in the asy- ^ o 7 o lum. tificate, as the case may in justice require; and the said clerk is empowered, whenever he shall deem the same necessary, to summon before him, as in ordinary cases any witnesses necessary, and said certifi- cate so given shall entitle the person therein named to admission into the lunatic asylum without charge. — Acts of 1855, p. 454. See act 1855, page 453. INSURANCE— INSURANCE COMPANIES. • 137 INSPECTIONS AND INSPECTORS. 1.— INSPECTION OF BEEF AND PORK,— See ^^ Beep AND Pork/^ page 20. 2.— INSPECTION OF FLOUR.— See ^'Vlovr/' page 111. 3.— INSPECTION OF TOBACCO — See ^'Tobacco." 4.— INSPECTIONS OF WEIGHTS AND MEASURES.— See ^^ Weights and Measures.'^ 5.— INSPECTIONS GENERALLY. ^ ACTS OF THE LEGISLATURE, An Act relative to Inspections generally. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened^ That it shall inspection "to be be lawful for any ownier, agent, consignee, or receiver of produce, to ■'^''i"'i'''^'^y- sell or ship the same, with or without inspection : provided, however, Proviso, that the said owner, agent, consignee, or receiver, shall be bound to have any produce ofiFered for sale inspected, when inspection shall be deman- ded by the purchaser. Said inspection, when required, shall be made by the inspector commissioned under the authority of the State. Sec. 2. That all laws contrary to the provisions of this act, and all Certaia laws re- laws on the same subject-matter, except what is contained in the Civil P^*^^<1- Code and Code of Practice be repealed. — Acts of 1855, p. 329. INSURANCE— INSURANCE COMPANIES. No. S89. From and after the passage of this resolution^ no city not to in- officer of this city shall be authorized to effect an insurance upon ^""* the property of the city. City Ordinance No. 587. For City Tax on Insurance Companies, gee No. 6i6. See " Corporation," page 78 and page 79. See Firo Department No. 314. 18 18S JURY — JURORS. JURY— JURORS. ACTS OF THE LEGISLATURE. An Act relative to Juries. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened. That the qualifi- Qualifications of cation of a juror to serve in any of the courts of this State shall be the ^'"'^^- following : First. To be a duly qualified voter of the State of Louisiana. Sec. 2. That the following persons shall be exempt from serving as jurors : First. The members of the legislature, together with their olBcers and clerks, during the time of the sessions. Second. The Governor, the secretary of State, and all the public otKcers commissioned under the authority of the United States. Third, The mayors and recorders of incorporated cities. Fourth. The judges, officers of the several courts of this State, attorneys and counsellors at law, notaries, ministers of the gospel, and treasurers of incorporated institutions. t Fifth. The clerks of incorporated banks and institutions. Sixth. All persons more than sixty years old, or those tliat may be intirm or valetudinary. Seventh. Physicians and apothecaries. Eight. The inspectors of beef and pork, flour, tobacco, and other merchandise in the city of New Orleans. Ninth. All school teachers while acting in that capacity. TcTith. vVll persons who now or hereafter may be enrolled active members in any one or more of the present or future incorporated fire companies. Eleventh. All persons attached to the. police department of New Orleans, as likewise the treasurer and comptroller, and all clerks em- ployed in the different offices of the corporation, and those who are ciiarged with the superintendence of the slaves and convicts sentenced to liard labor, th# keeper of the city prison, the workmen employed at llie city works, and the city commissaries. Twelfth. All auctioneers in and for the parish and city of New Orleans. Thirteen. The members of the police jury of the parishes of Plaque- mines, St. Bernard, and that portion of the parish of Orleans on the right bank of the Mississippi river, during the term for which they were elected. Fourteenth. The clerks, workmen, and employees of the branch mint of the United States at New Orleans. Fifteenth. In the parish of Jefferson, the voters residing in that part of the parish lying on the sea shore, and known as Grand Isle, Grand Terre, and the Cheniere Caminada. — Acts of 1855, p. 297. For .luries generally, see act 1855, p. 297, and act 1855, p. 343. For exemption of Firemen, see Fire Department, p. 106. (Act 185G, page 108.) KEEPER OF COURT HOUSES. 139 JUSTICES OF THE PEACE.— For their criminal juris- ^ diction sec ^^Recorijers." KEEPER OF COURT HOUSES. No. 890. There shall be elected auimally by the common Council to elect council of the city of New Orleans, on the third Monday of *°^ May, a keeper [of the court house, whose duties will bo as follows : No. 391. (1.) He shall, every morning, at an early hour, His duties, open all the doors and windows of the court house, cause to be swept and dusted the different courts and offices, place the seats in order, and during the winter, light fires, whenever they shall be necessary, and supply the courts with good water. No. 392. (2.) He shall take care that the carpets, tables, m? duties, seats and other furniture, as also the ceilings and the window / glasses, be constantly kept in the highest state of cleanliness, and shall cause to be swept and washed every day the yard and the lobbies. No. 393. (3.) Every day, as soon as the courts sliall have His duties. adjourned, he shall cause to be shut all doors and windows, and put out all fires and lights, and shall take care that no person shall enter the courts after adjournment, or pass the night therein. It is well understood that the provisions of this article shall not apply to the officers of the different courts. No. 394. (4.) He shall be responsible for all damage and His lesponsi- injury arising from the carelessness or improper conduct of his '^^' servants or assistants. No. 395. (5.) The said keeper shall reside in said court shaii reside in house, and shall sleep there. He shall not absent himself during '^^^^^ ""^^* the day unless he leaves some person in his place, for whose acts and doings said keeper and his sureties shall be responsible ; and bald keeper shall not absent himself therefrom during the night. No. 396. (6.) Said keeper shall receive, inclusive of all nis cx)mpensa- espenses for lights, wood, pitchers, tumblers, etc., brooms, brushes, buckets and all other expenses for keeping the said courts in order, a compensation of two thousand dollars per annuni, ayable monthly, on the warrant of the comptroller. 140 LAMPS, GAS LIGHTS, ETC. iiistond. No. 397. (7.) He shall furnisli bond in the sum of five thousand dollars, with good and sufficient security, to the satis- faction of the common council, for the faithful performance of his duties. Additional seen- No. 398. (8.) The council reserves to itself the right to require new or additional security whenever they may deem that given insufficient. Kepeaiing clause. No. 899. (9.) All ordinances or parts of ordinances con- trary to the foregoing ordinance, be and the same are hereby repealed. City Ordinance, No. 458. Approved Nov. 27, 1852. Additional duties No. 400. That the duties imposed on the keeper of the court house, as set forth in ordinance No. 458, approved 27th November 1852, be so construed as to apply to all the courts and court houses of the city at present existing, or that may hereafter be established. City Ordinance, No. 2147. [Approved May 5, 1855. Cias Lamps. LAMPS, GAS LIGHTS, ETC. No. 401. That the mayor be, and he is hereby, authorized to enter into contract with the New Orleans Gas company for the lighting with gas of all the streets, levees, public squares and public buildings of the city which are now or may be hereafter lighted with gas, for the term of five years, commencing on the first day of April, 1855, under the following conditions : (1.) Street Lamps. — The street lamps to be lighted every night from one half hour after sunset until one half hour before sunrise, except when the moon is fifteen minutes or more above the horizon, at thirty-two and a half dollars per lamp per annum, including the cost of gas, lighting, extinguishing, and cleaning the sanie, together with the cost of the posts and lanterns and their repairs. (2.) Levee Lamps. — The levee lamps to be lighted in the same manner and during the same time as the street lamp, at the rate of forty-eight dollars per lamp per annum, inclusive, including (as above stated for the street lanlps) the cost of gas, etc., but the mains, posts, etc., and their repairs, shall be at the expense of the city. LAMPS, GAS LiaHTS, ETC. 14l (3.) Market and Public Square Lamps. — These lamps to be lighted from one half hour after sunset until one half hour after sunrise, at the rate of seventy-five dollars per lamp per annum, including (as above stated for the street lamps) the cost of gas,' etc., but the city to be chargeable for the first cost of the fixtures and their repairs, the burners excepted. Amended so as to read "before" sunrise, by Ordinance No. 2137. (4.) Public Buildings. — All the gas which shall be consumed within the public buildings shall be charged for by the metre measurement, and together with the fixtures and their repairs, at the same rates which may be charged to private consumers at the time being. (5.) Oil Lamps. — All lamp posts and lanterns ^which the city may order the company to place, shall be put up for the sum of thirty dollars each. All lamps charged for by the lamp to be fitted with steel ^' bat's-wing'^ burners, consuming not less than four cubic feet per hour each, and shall be kept at all times clean and in good order by said company. A deduction of one dollar shall be made for each lamp reported as ^^out'^ or ''not burning,'^ within the time as specified, by any police or other city ofiicer, unavoidable accidents only excepted. It shall be further agreed that the city council shall have the right, if they judge proper, at any time, to require all the street and levee lamps, or any designated portion of them, to be lighted during the same time as specified for market and public square lamps, by giving or causing to be given written notice at or before 4 o'clock, P. M., at the ofiice of said company, when cloudy weather exists or may be anticipated, and the price for such extra lighting shall be charged for at the rate of one cent per hour for each hour for each lamp so lighted, over an(^bove the times above specified. Payments in cash to be made monthly on the certificate of the street commissioner, or such other officer of the city as the council may designate to superintend said lighting. City Ordinance, No. 2083. Approved Marth 30, 1855. No. 402. That the comptroller adjudicate after five days Oii lamps, advertisement, the contract for lighting the oil lamps of the city, according to the specifications on file, subject to the approval of the committees on finance and streets and landings of the com- mon council. Citj Ordinance, No. 2924. 142 LEWD WOMEN. LEWD WOMEN. cSurbanc^etS ^^' ^^^' ^^^ woman or girl notoriously abandoned to lewd- ness, who shall occasion scandal or disturb the tranquility of the neighborhood, shall be condemned by the mayor, or any other justice of the peace, to a fine of twenty-five dollars for every such oiFense, and in case of her not being able to pay the said fine, she shall suffer imprisonment for one month, according to law. And each and every person who shall have rented or have ^ lodged or harbored, either within the city, or suburbs, any woman or girl. notoriously abandoned to lewdness, and who shall occasion scandal or disturb the peace or tranquility of the neighborhood, shall pay the sum of fifteen dollars for each twenty-four hours, he or she shall continue to furnish lodgings to any woman or girl of that description, after due notice is given of the same, by the mayor, that he or she shall cease to rent, to, or lodge any of the above described persons. City Ordinance of May 20, 1817. (Art. 3.) Women fre- No. 404. (1.) Froui and after the promuleration of this ordi- quenting coffee . j. o houses, etc. nance, it shall not be lawful for any lewd woman in this Municipality to frequent cabarets or cofi*ee houses, nor to drink therein, under the penalty of a fine, which shall not be less than five nor more than twenty-five dollars, recoverable before the recorder of this Municipality, or any other competent tribunal, provided that any such woman who would be unable to pay the said fine, shall in lieu thereof suff'er an imprisonment, the term of which shall not exceed one month in the workhouse of this 3Iunicipality. Duty of poHce. No. 405. (2.) It shall be the duty of the commissaries of police, as also of the officers and members of the day and night police, to apprehend all or any lewd woman acting in contravention of the foregoing resolution, and to bring her before the recorder of this jMunicipality. Ordinacce, Feb. 17, 1845, of first Municipality. LICENSES.— See " Revenue " No. 645, et seq MCDONOUGH ESTATE. 143 McDONOUaH ESTATE. An Ordinance defining the powers and rights of the commissioners appointed by the city of New Orleans, acting in conjunction with the agents appointed by the city of Baltimore, to administer the property composing the succession of the late John McDonough, and fixing the compensation to be allowed to them for their services. No. 406. (1.) That the commissioners appointed by the powers of com- city of New (3rleans to take possession of, and administer, the property composing the succession of the late John McDonough, in conjunction with the agents of the city of Baltimore, be, and they are hereby, invested with all such powers as are necessary to the due and proper management and administration of the said property, as the same are more particularly detailed and set forth in that clause of the last will and testament of the said John McDonough, in which he provides for the mode of appoint- ment and administration of the said commissioners. No. 407. (2.) That all suits, actions, or other proceedings suits, how con- which shall or may be instituted by or against the city of New "" ^ ' * *^' Orleans, touching or growing out of the title and interest of the said city of New Orleans in the property, or of any part or portion thereof, bequeathed to the said city by the said John McDonough, shall be conducted and prosecuted by the said . commissioners in the name and in the behalf of the said city of New Orleans, and to that end the said commissioners shall have the right to sue for and demand from the proper tribunals, both of original and appellate jurisdiction, in the name of the said city of New Orleans, and such suits, orders, or other process, as they may deem necessary to the due protection of the said city in the said property, and for that purpose to employ an attorney or attorneys at law to appear in the prosecu- tion and in the defence of said suits, and from all judgments and degrees rendered in the premises, whether interlocutory or final, and take all such writs of error or appeals, suspensive or devolutive, as may be allowed by law, and in the name and in the behalf of the said city of New Orleans, to execute and deliver all such judical bonds and obligations as may be required by the property prosecution or defence of said actions. No. 408. (3.) A salary at the rate of fifteen hundred compensation of dollars per annum shall be paid to each of the said commis- ^°™™'"^ " sioners, dating from the time of his appointment, and the same to be paid out of the proceeds of said estate. City Ordinance, No. 2134. Approyed May 4, 18&5. 144 MCDONOUGH ESTATE. Whereas the city of New Orleans has, by the charitable bequest of the late John McDonough, and the decisions of the highest judicial tribunals, and a recent act of the State Legis- lature, become a co - proprietor of the large estates of said McDonough ; and whereas, the city of New Orleans has a full and complete ownership of her undivided share of said property, subject to certain legacies and bequests ; therefore. Be it resolved by the common council of the city of New Orleans : Estate, how to 1)6 No. 409. (1.) That the said estate should be inviolably dcTOted. ^ devoted to the charities designated by the testator, so far as is conducive to the public weal, and in accordance with existing laws. Disposition of No. 410. (2.) That it is not for the public weal, or for the good of the estate, or the purposes to which it is devoted, to hold it in perpetual ownership, creating a vast system of sub- leasing of so much as is desirable, and holding in wasteful neglect so much as is not of ready sale ; but that it is for the interest of the city of New Orleans to encourage sales to actual settlers and fee simple owners, who as such, will enhance the value of the property, and yield the city a far greater source of wealth from the estate, than as lessors or tenants. No. 411. (3.) That all experience shows that corporate • bodies are wasteful and inefficient landlords and lessors of pro- perty, and that the estate of said John McDonough must inevitably be greatly consumed by the expenses of its management so long as it is out of the control of individual proprietors directly interested in the profits and revenues it may yield. Partition of the No. 412. (4.) That in order to obviate all abuses and waste, and more immediately to enter upon the sacred purposes of the bequest, the said estate, real and personal, should at the earliest moment, and as fast as practicable, be fairly divided between the city of Baltimore and the city of New Orleans. Sale of property. No. 413. (5.) That after discharging all claims for legacies and effecting a partition of the whole or part of said estate, the share falling to the city of New Orleans should be at once put in process of sale at public auction, and to the highest bidder. Proceeds. No. 414. (6.) That the proceeds of such property, as fast aa it matured, should be invested in the bonds of the city of New Orleans, and the interest devoted sacredly to the charitable uses before mentioned. Mcdonough estate. 145 Xo. 415. (7.) That all the slaves belonging to the sue- si«t««. cession should be placed in the hands of the American (Colonization Society, to be by them carried to the colony of Liberia. No. 416. (8.) That a copy of these resolutions (which arc ^-'opieg, etc. declaratory of the views of the common council as to the best disposition of this estate) be transmitted by the mayor to the honorable mayor and council of the city of Baltimore, requesting their assent to the partition of this now unprofitable and unwieldy estate. No. 417. (9. ) That the a^'ents and commissioners of the Commissioners ^ ^ ^ , to report etc. McDonough estate be also served with a copy of these resolutions, and respectfully requested to report in full to this body the practicability of the partition aforesaid, and also to make such other suggestions as they may see fit. They are also requested to make such leases only as may not seriously incommode the proposed partition. City Ordinance, No. 2-307. Approved July '2,1, 1855. For Taxes on this estate, see No. 747. Vor the Decision of the Supreme Court, see 8 Ann. p. 171. ACTS OF THE LEOLSLATURE. An Act to authorize the Commissioners on the part ot' the city of New Orleans, and the Agents of the city of Baltimore, Managers of the general estate of the late John McDonough, deceased, to divide said estate by partition and to make final settlement with the Legatees. Section 1 . Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the McDonongh rom- commissioners on the pjirt of the city of New Orleans, and the agents of ™ o^r/2°(|^to make the city of Baltimore, managers of the general estate of the late John settlement with McDonough, deceased, be and they are hereby authorized to divide said to make partition estate by partition, between the cities of NeAV Orleans and Baltimore, and to make final settlement with the legatees mentioned in the will, and to do and perform all other lawful acts which may be necessary to make a division of the property between the said cities of New Orleans and Baltimore : provided the cities of New Orleans and Baltimore concur in said acts. Sec. "1 . That this act shall go into effect after its passage. — Acts of when this act 1855, p. 230. ^^^^^ ^^^''^' J9 m MARKETS. MARKETS. Adjudioation. Lesseee to pay, etc. Whnt dues col- lected. What sold. may be Vendors to have sign, etc. The common council, of tlie city of New Orleans, ordain as follows : No. 418. (1.) On the first Monday of December, in each year, the comptroller shall adjudicate, or cause to be adjudicated, at his office, the collection of the revenue of the markets for one year. He shall give ten days' notice, in the official gazette of the city, of the day and hour at which said adjudications shall take place. City Ordinance, No. 418, sec. 1. That ordinance No. 418, sec. 2, concerning the markets, be amended so as to read as follows : No. 419. (2.) The farmers or lessees shall immediately after said adjudications furnish one twelfth in cash, and their promissary notes for the balance, endorsed to the satisfaction of the finance committee, payable from the 1st of January at one, two, three, four, five, six, seven, eight, nine, ten and eleven months. Should any farmer or lessee refuse or neglect to furnish the one twelfth in cash, and his notes as aforesaid, the comptroller is authorized to cause a new adjudication to be made forthwith for the account and risk of said farmer or lessee. No. 420. (3.) The farmer or lessee of said revenue shall not be entitled to collect other dues than those hereinafter mentioned, to wit : City Ordioance, No. 1860. For every head of large horned cattle, ninety cents. For every head of veal, mutton, pork or venison, twenty-five cents. (It being well understood that when the fore quarter of a veal shall weigh more than forty pounds, the farmer or lessee of the revenue may levy, for the sale of said veal, ninety cents.) For each stall and half table, including the frames with hooks on which to hang the meat, twenty-five cents per day. For every bench for the sale of fish, twenty-five cents per day. All butchers, and retailers of fish, shall be answerable for the frames with hooks, so rented to them by said farmer. No. 421. (4.) All kinds of meat, fowl, game, fish, vege- tables, and all other articles destined for the daily supply of the city, may be bought and sold at the markets, excepting the beef market of the second district, at which no fish, or vege- table, shall be sold. No. 422. (».) Every vendor of meat, vegetables, or other articles permitted to be sold in the markets of this city, is MARKETS. 147 Hereby required to have his or her name painted on a tin sign, in a plain and legible manner, with a number on the same, and to be affixed in a conspicuous place over the stall or place occupied ; and, in case any vendor, as aforesaid, shall not comply with this resolution within thirty days from its passage, or shall thereafter, at any time, for more than three days consecutively, not have such sign so exposed, said vendor shall be liable to a fine of ten dollars, recoverable before any court of competent jurisdiction, for the benefit of the city. No. 423. (6.) Said markets shall open at the dawn of day. Market hours, and shall close at twelve o'clock M. precisely; and the closing of the markets shall be announced by the market bell, which it shall be the duty of the commissary to ring, o r cause to be rung. No. 424. (7.) During the half hour immediately following cleaning stalls, the closing of said markets, the butchers and other persons hiring or occupying stalls, shall be bound to scrape, wash, and cleanse their respective stalls and tables, so as to keep the same in the highest state of cleanliness, and every person neglecting to comply punctually with the disposition of the present article, or who shall not quit the said market at the hours specified in article six of the present ordinance, shall pay a fine of five dollars for each offence. And no person shall be permitted to sub -lease any stall or table, under a penalty of fifty dollars. Any butcher, or other person, vending in said market, if absent therefrom three days, leaving his stall or table unoccupied, shall be deemed to have abandoned the same, and the farmer may hire it to another. No. 425. (8.) It shall be the duty of the farmer, or other LeP?ee tokeep person authorized by the city to collect the above established ° ' duties, to keep an exact register of the persons to whom he lets the stalls, stands, tables, and frames with hooks, at market hours, and deliver certificates thereof to persons occupying the same. Any persons occupying any table, stand, or stall, without the consent of the said farmer or collector, and who shall refuse to deliver up the same, on the first request which shall be made to them by the commissary of the market, shall pay a fine of ten dollars for each offense, and shall be compelled to conform to the provisions of the present enactment. No. 426. (9) It shall not be lawful for any person to erect stands on ban- ^ *' ^ , quettes. or keep any stand, or other incumbrance, on any ot the banquettes of the markets of the city, without permission of the common council^ under a fine of less than five dollars a day for 148 MARKETS. each stand, and if said stand be not removed after six days' notice, it sliall be the duty of the surveyor to cause the same to be removed, as an incumbrance, at the expense of the owner or occupant: provided, no stand now erected shall be removed, except on the written request of three or more residents of the vicinity. It is hereby made the duty of the commissaries of the markets to have this ordinance executed. cUs^ '^^^ *"''^ ^^^^' ^^-' '^-^' ^^^•) If any person shall sell, or expose for sale, within the market aforesaid, any blown, stale, imperfect, or unwholesome provisions, or meat of any animal that died of disease, such provision or meat shall be seized by the commissary and shall be thrown into the nuisance boat, and the offender shall l)e fined from ten to fifty dollars for the first offense, and for the second, he shall be deprived of vending in said markets, or of hiring any stall. It shall be the duty of the commissaries of the markets, alone, or with two assistants, appointed by the recorders, and sworn before them, daily to make a strict inspection of the butchers' meat, and of other provisions exposed for sale at the said markets, and to ejiforce the strict observance of this regulation. See No. 536. Meats to be sold Xq. 428, (11.) Butchcrs, or other retailers of butchers' in markets o.nly, ^ etc. meats, shall not expose them for sale elsewhere than at the market established by law, under a penalty of twenty-five dollars for each offense. They shall be compelled to saw the bones of the meat ; and they shall not, under any pretext, break them down with a hatchet, or cleaver, under a penalty of five dollars for each offense. Scales and No. 429. (12. ) It shall be obligatory on the commissaries of •weights. ^ f~' ^' the markets, always to have in the said markets scales and weights to be used at the request of any person, who, at the time of purchase, may desire to prove the weight of any meat or other provision, and no scales and weights sliall be used in said markets, unless they are proved and stamped according to law. Any vio- lation of the provisions" of this section, or selling by false weights, shall subject the offender to a fine often dollars for each and every offense. Sale of lujuors >Jo. 430. (13.) It is expresslv forbiddcD, uudcr a penalty of forbiclen. ^ r .. i r ./ fifty dollars for each offense, to sell, or cause to be sold, within said markets, or on the footways which surround it, any spirituous or ardent liquoi*s. MARKETS. 149 No. 431. (14.) It is forbidden to all hawkers and peddlers Hawkers and to sell any sort of goods or mercliandise in the said markets, or on the footways surrounding the same, under a penalty of ten dollars for each offense. No. 482. (15.) All vegetables, melons, potatoes, onions, fish, 'Articles sold \u shrimp, crabs, crawfish, turtle, and game, destined for the daily siveiy. supply of the city, shall be brought to the markets established by law for the sale thereof, and all persons exposing for sale any of said article's in the streets or in any other part, than at said markets, during the hours prescribed by this ordinance, shall incur a fine of from five to fifteen dollars for every offense. And the commissaries, and the police of the city, are hereby ordered to seize and detain all such articles exposed for sale in contraven- tion thereof, until the fine and expenses thereon are paid. See Nos. 515 and 61 G. No. 488. (lO.J Carts or wagons, for the conveyance of all Market carts.etc. supplies whatever to said markets, shall be placed under the inspection of the commissaries of the markets. No. 484. (17.) All persons are forbidden to stand, sit or lie, standing, etc , on on the stalls or tables of the markets under a penalty of two dollars. No. 48'). (18.) It shall be the duty of the commissaries of Duty of commis- the markets, to see that the ordinances relating thereto are fully enforced, and that no offense is perpetrated against the farmer of the dues of the markets ; to keep order in the markets ; to have arrested all persons who disturb the public peace, and to conduct them before the mayor, recorder, or any other magistrate, to be punished according to law. The said commissaries shall always be present in said markets, during market hours, except in case of sickness ; and in such case he or they shall give notice to the mayor, who shall place another to do his duty until the council shall act thereon. In case of neglect of his duties, the commissary shall pay a fine of twenty dollars for each offense, and further, he shall be liable to be removed by the council. No. 486. (19.) The farmers shall be bound to comply with lessees' obiiga- all the regulations contained in this ordinance, in all that relates ^^^^^' , to them. They shall not be entitled to any indemnification from the council, under the pretext that the ordinances by virtue of which they formed their contracts, are not sufficiently clear, or are not enforced, either by the negligence of the officers or the police nominated to protect them, or by violence committed by 150 MARKETS. individuals; the farmers have the right to prosecute the said officers or individuals, as the case may be, and have them punished with the fine or other penalties fixed for these offenses. Lessee fees. ^0. 437. (20.) The farmers shall not, under any pretext whatever, exact or receive fees of any person selling in any other places than those designated by the present ordinance, under a penalty of twenty-five dollars for each offense. Fines. No. 438. (21.) All fines fixed by this ordinance shall be recoverable before any court of competent jurisdiction, for the benefit of the city. Posting orcii- No. 439. (22.) It shall be the duty of the commissaries of nances. , . , ,,..,. the markets to cause to be posted up, at all times, in at least six places in each market, this ordinance, in the French and English languages. Fait meats, how No. 440. (23.) Butchers or other persons having salt or corned beef, or pork, for sale, shall not exhibit the same on the stalls, unless in a clean white tray, not painted, twenty-six inches long, sixteen inches wide, and six inches deep ; they may also keep a harness cask, or tight box, of the same dimensions as the butchers' block. Vegetables. No. 441. (24.) No Vegetables shall be washed within said markets. Dues payable No. 442. (25) That the dues which the farmers of the daily. ^ . -^ markets are entitled to collect for tables, stands, and stalls, shall be payable to them daily; and they are hereby empowered to take possession of any table, stand, or stall, the lessees of which shall have allowed one day to pass without paying the dues for the same, after a demand made for the said dues ; and no person dispossessed of a table, stand or stall, for non-payment of the dues, shall be permitted to occupy any place in the markets, until he pay all arrears to the farmer. Grocery stands No. 443. (26.) That after the first day of January next, no grocery stands shall be allowed in any of the markets of the city. Groceries not to No. 444. (27.) It shall uot be lawful for any person to sell, in s ree s. ^^ ^^.^^ ^^^ ^^^^ ^^^ article of groccrics by retail, in the streets of the city, either in carts or otherwise, under a penalty of twenty-five dollars for each offense, recoverable before any court of competent jurisdiction, for the benefit of the city. Lessee's dues. No. 445. (28.) That it shall not be lawful for any lessee of a market to demand or receive from any person, desiring to rent^ or renting any stall or stand in a market, any greater sum than MARKETS. 161 that fixed by the ordinances, or for back rent which may be due to such lessee for such stall or stand from any person other than the person who may desire to rent, or who may have rented the same, under a penalty of fifty dollars for each oifense, recoverable before any court of competent jurisdiction, for the benefit of the. city. No. 446- (29.) That from and after the 31st December next, oyBters. it shall not be lawful to sell oysters in any of the markets of this city. No. 447. (30.) That all venders of vegetables, fruit or other obstructions, etc. articles authorized to be sold in the markets, who shall obstruct or cause to be obstructed the thoroughfares thereof on the side- walks, with boxes, barrels, or other articles whatever, or who shall not remove such obstruction from said markets or sidewalks thereof within half an hour after market hours, shall be liable to a fine of five dollars for each offense, recoverable before any court of competent jurisdiction, for the benefit of the city ; and the commissaries of the market are hereby authorized to cause such obstructions to be removed at any time, at the expense and risk of the owner.^ See No. 453. No. 448. (31.) That it shall not be lawful to light or keep pire not allowed any fire in the markets, except oil, spirit gas or charcoal, and *° ™"^*'^- these only for the purpose of heating chocolate, tea, milk and cofi'ee ; and any person who shall violate this article shall pay a fine of not less than five dollars for the first off'ense, nor less than ten dollars for each subsequent off'ense, provided no fine shall be more than twenty-five dollars for each off'ense. No. 449. (32.) That any person who shall disobey any order violation of or- of the commissaries authorized by this ordinance, or by other ordinances regulating said markets, shall be liable to a fine of ten dollars, recoverable before any court of competent jurisdiction, for the benefit of the city. No. 450. (33.) That the farmers or lessees of the vegetable vegetable mar- „ , IT. in T • 1 -I ,, ket, second dis- markets ot the second district, shall not be entitled to collect trict. other dues than those hereinafter mentioned, to- wit : No. 450. For each vegetable table of four feet, and each stand for the sale of poultry, game, bread and fruit, fifteen cents ; it being understood that for every table or stand situated at the end of any of the rows of the tables in the market, the farmer shall be entitled to charge twenty cents, and it shall be the duty 152 MARKETS. of the surveyor to designate which are corner tables ; and for each coifee stand one dollar. (Said stands to be calculated as of eight feet in length. — Ordinance No. 1143.) Vegetable mar- No. 451. ('M.) All Ivinds of gauic, poultry, vegetables, and trict . all other articles destined for the (hdWy supply of the city, except meat, may be bought and sold at said market. Repealing clause. No. 452. (35.) All Ordinances or resolutions contrary to or conflicting with the foregoing, are hereby repealed. City Ordinance, No. 418. Approved Nov. 20, 1852. Obstructions, etc. No. 458. (1.) Froui and after the first day of January, 1856, it shall be unlawful for any person to occupy any portion of the sidewalks or pavements bordering any of the public markets of the city, by depositing thereon, for sale or other purposes, any article whatsoever, calculated to obstruct the free passage thereon by pedestrians, or to erect, or continue, if already erected, in, on or over the said sidewalks or pavements, any awning, shed, bench or partition — or to erect, or continue, if erected, within the public markets, any awning, shelf or partition, by which the light or ventilation of said markets may be obstructed — or to cook any meat, game, fish or vegetables within said markets, or on the sidewalks or other public grounds adjacent : Provided, that those persons who sell coffee and chocolate in said markets may be allowed to heat the same by means of spirit or other lamps, enclosed in such manner as shall be safe from danger of commu- nicating fire to other objects. See No. 45;i. J!jnaityof viola >;y 454 (V.) Evcry pci'sou Contravening any of the provi- sions of the foregoing section, may be arrested by any commissary or other police officer, and taken before the recorder of the district, when he shall be summarily tried, according to the forms of law, and if found guilty, shall be condemned to pay a fine of ten dollars for the first oifense, and not less than twenty or more than one hundred dollars for the second offense, and stand com- mitted and imprisoned not exceeding thirty days, or until the fine or fines, in either case, be paid, said fines to enure to the benefit of the city. ^ Cleaning, white- No. 455. (3.) That the farmers of the markets shall provide markers'. **^'' ^^ for keeping clean, whitewashing and sweeping them at their own expense, except such cleaning as already contracted for. City Ordinance, No. 2458. Approved Nov. 29, 1855. MARKETS. 153 No. 456. That tlie street commissioner be, and he is hereby Cleaning of mar- authorized, whenever the farmers of the markets of the city shall fail to comply with the provisions of ordinance No. 2458, for cleaning said markets, to notify the farmer or farmers so delinquent, to have his or their market cleaned within five days from the date of said notification, under a penalty of ten dollars per day for every day he or they shall neglect or fail to comply with said ordinance and notification. Which penalty shall be recoverable before any court of competent jurisdiction, for the use of the city. City Ordinance, No. 3190. Approved Dec. 27, 1856. No. 457. From and after the passage of this ordinance, any impure meats, butcher or other person who shall expose or offer for sale, in any of the markets of this city, any meats, poultry, fish, or other provisions which may be tainted or decayed, or which shall have been diseased, shall be liable to a fine of not more than one hundred dollars for each offense, recoverable before any court of competent jurisdiction, for the benefit of the city^ and com- missaries of the several markets in the city are hereby instructed to arrest or cause to be arrested any person so offending, together with the meats, etc., which may be offered, and convey the offender or offenders before the recorder in whichever district the offense is committed ; and in case of failure or refusal of any person or persons, guilty of said offense, to pay the above fine, he or they shall be imprisoned not more than thirty days. City Ordinance, No. 2833. No. 458. (1.) That the commissaries of St. Mary^s and Daily rafuse. Poydras markets be directed, and are hereby authorized, to •procure a sufiicient number of substantial barrels or tubs, to contain the daily refuse of the various stalls, fruitstands, etc., of said markets, and to cause the same to be placed according to their direction, on each side of the markets. No. 459. (2.) As soon as the requisitions of the foregoing Daily refuse, resolution are complied with, all vendors of meat, fish, fruits, etc., within the limits of said markets, shall be required to throw the daily refuse of their stands into the barrels or tubs so provided, and that the contractor for cleaning the streets of their district shall cause the same to be disposed of as in the case of other daily offal. No. 460. (3.) Any vendor in said markets who shall throw, DaUy refuse, or cause to be thrown, any meat, fish, fruit or vegetable, 20 154 MARKETS. whether decayed or otherwise, into any streets or gutters adjoining said markets, shall be liable to a fine of not less than live or more than twenty dollars for each offense, recoverable before any court of competent jurisdiction, one half of which shall be paid to the informant, the balance deposited in the city treasury. Oty Ordinance, No. 297. Approved Sept. 22, 1852. htdij refii»&. No. 461. That the provisions contained in ordinance No. 297, approved September 22d, 1852, and which directs the commissaries of the St. Mary's and Poydras markets to procure a sufficient number of substantial barrels or tubs to contain tlie daily refuse of- the stalls, fruit sands, etc., of said markets, be also made to apply to the vegetable markets of the second district, with like directions to the commissaries of said markets ; and that all the requirements, as set forth in said ordinance No. 297, also apply to the vegetable markets of the second district aforesaid. City Ordinance, No. 2407. See Nrt 468, etc. Vegetable mar- No. 462. That the Triansular market, at the iunction of ket, first district. . . -, m i • i , i i Annunciation and Tchoupitoulas streets, • be and the same is hereby established as a vegetable and fruit market. That the sale of vegetables and fruit be prohibited in the St. Mary's market from and after the first day of Janunry, 1856. City Ordinance, No. 2459. Vegetable mar- No. 463. That from and after the first day of March, 1855, ket. first district, ^ .7 ? ' the lower part of the Dryades market (that is to say below iVIelpomene street,) shall be and the same is hereby approprieted for the use of butchers, fishmongers and fruit sellers, and all that portion of said market situated above Melpomene street shall be appropriated for the sale of vegetables, poultry, etc. City Ordinance, No. 2129. Chain* for msr- No. 464, That the surveyor be, and is hereby authorized to cause suitable posts and chains to be erected on either side of the Poydras market, so as to prevent the passage of vehicles during market hours. Eesolved, that it shall be the duty of the commissary of said Poydras market to place the chains across said street at three o-'clock A. jM., and to keep them up until eleven o'clock A. M., of each and every day. ketft"* ^^ '"^'^ ' ^^' '^^^' '-^^^^^ *^^ street commissioner be recjuested to have two chains extended across Penn street at the upper end of Poydras market, and to order that the same be extended during MARKETS. ' 1^^ tlic hours of market^ thereby preventing drays and carts from passing and repassing, to the great annoyance of our citizensi saying nothing about the constant danger of injury to the many persons attending the market. City Ordinance, No. 2500. Xo. 460. That the lessee of the small market, situated in ^*^^^^^,^^**'*'''* the second district, between the beef and vegetable markets, be and he is hereby permitted to allow live poultry and eggs to be sold at the vacant stands in said market; also corn and oats by the pint and 6(uart. City Ordinance, No. 2611. Xo. 467. (1.) Tliesaiary of the commissary of the Ht. Marv's Salary of cotn- market, from and after the passage of this resolution, is hereby fixed at sixty dollars per month. No. 468. (2.) The salary of the commissary of the Poydras Salary of com- ^ ^ " . , . . , missariea. market, from and after the passage of this resolution, is hereby fixed at sixty dollars per month. No. 469. (3.) The salary of the commissary of the Amiun- Salary of com- ciation. market, irom and alter the passage oi this resolution, is hereby fixed at sixty dollars per month. No. 470. (4.) The salary of the commissary of the Bryades Salary of com- 1 r. 1 ^ 1 . 1 . - 1 1 missariea. market, irom and atter the passage ot this resolution, is hereby fixed at sixty dollars per month. • No. 471. (5.) The salary of the commissary of the vegetable Salary of corn- market, second district, from and after the passage of this reso- ""^^ * lution, is hereby fixed at sixty dollars per month. No. 472. (6.) The salary of the commissary of the beef salary of com- market, second district, from and after the passage of this resolution, ™^^*"^"' is hereby fixed at sixty dollars per month. No. 473. (7.) The salary of the commissary of the Trdmd salary of com- market, from and after the passage of this resolution, is hereby '"'^ ^ fixed at sixty dollars. No. 474. (8.) The salary of the commissary of the Port salary of com- and Washington markets, from and after the passage of this resolution, is hereby fixed at sixty dollars per month. No. 475. (9.) The salary of the commissary of the Magazine Salary of corn- street market, from and after tlie passage of this resolution, is hereby fixed at sixty dollars per month. No. 476. (10.) The salary of the commissary of the Lafayette Salary of corn- market, from and after the passage of this resolution, is hereby '"*^''* fixed at sixty dollars per month. City Ordinance, No. 639. 166 MARKETS. Salaiy of com- missaries. Saspension. No. 477. That the salary of the commissary of the Ninth street market, fourth district, be fixed at sixty dollars per month from the ninth inst. (August.) Ordinance No. 2094, No. 478. Any policeman or commissary wrongfully suspended, shall receive pay for the whole of the time that he may have been thus suspended. City Ordinance, No. 28, Art. 15. Appointment of commissaries. Commissaries of No. 479. That the commissary of St. Mary's market be ket. , also required to act as commissary of the Triangle market, on Tchoupitoulas street, without additional compensation. Commissary veg- No. 480. That the commissary of the Vegetable market, etable market, it-ii -i • second district, sccond district, be also required to act as commissary oi the fruit market, second district without additional compensation. City Ordinance, No. 2677. Commissary of ^0. 481. That the poHcc board be, and they are thereby market. authorized to elect a person to act as commissary of Washington market third district, said officer to remain in, and perform all duties appertaining to the commissaries of the markets, during the pleasure of the common council, the salary of the same to be, and the same is hereby fixed at forty dollars per month. City Ordinance, No. 2329. No. 482. The mayor shall appoint a commissary for each of the markets of the first, second and third districts, and two commissaries — one for the Magazine and one for the Saraparu street markets, in the fourth district — subject to the approval of the board of aldermen ; and it shall be the duty of one of the day police of the fourth district, to be selected by the captain of said district, to act as commissary of Ninth street market. City Ordinance, No. 28. Art. 15. No. 483. That the commissaries of the several markets of the city shall be under the special instructions of the chief of police, relative to their several duties in enforcing the ordinances now in existence concerning said markets. City Ordinance, No. 1776. No. 484. It shall be the duty of the commissaries of the several markets, as soon as the markets shall have been washed, to have the fire-plugs closed, and kept closed until wanted the next day for the same purpose, except in case of fires, and for Commissaries under chief of police. Their duty as to fire plugs. M MASTER AND WARDENS OP THE PORT OP NEW ORLEANS. 157 any violation of this ordinance the commissary shall be dismissed from his office. City Ordinance, No. 2144. For Commissaries' duties as to Bakeries and Bread, see No. 41 . DECISIONS or SUPREME COUKT. The right to establish markets is a branch of the sovereign power, and that of regulating them is necessarily a power of municipal police. — 4 Ann. 336. The ordinance imposing a fine on persons selling groceries in certain market houses is neither illegal nor unconstitutional. — 4 Ann. 278 « and 336. MASTER AND WARDENS OF THE PORT OF NEW ORLEANS. ACTS OF THE LEGISLATURE. An Act relative to the Master and Wardens of the Port of New Orleans, and for regulating the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened. That it shall be Appointment of lawful for the governor to appoint, as often as shall be necessary, by ^^^^^'^^"^ "^^^'j; and with the advice and consent of the Senate, one fit and proper person of New Orleans. to be master, and three other fit and proper persons to be wardens of the port of New Orleans, who shall be called the master and wardens of the port of New Orleans, who shall hold their offices for two years from the Their term of date of their appoitment. ^ ^^^' Sec. 2. That the master and wardens shall keep an office in the city ofSce, where >ept of New Orleans, and shall cause to be made, in a book to be kept for that -q^q^ ^q ^^ -^^^ purpose, an entry of all their proceedings, to which all persons may ^^ them. have access. Sec. 3. That the master and wardens, or any of them, shall, if Certain duties of called upon by the person commanding any ship or vessel arriving from '"'*'^^^°^- sea, inspect the manner in which the hatches of such ship or vessel were securedj'^previous to the opening thereof for the purpose of discharge, and^shall'be present at the opening of the same ; and shall, upon every such survey, certify under his hand how the hatches appeared to him ; for which certificate he shall be entitled to two dollars, and for Fees for certifi- every duplicate thereof one dollar. The master and wardens or any two of them, shall be surveyors of Duties of master damaged goods brought into the port of New Orleans in any ship or vessel ; and with the assistance of one or more skilful carpenters, shall be surveyors of any damaged vessel, and any vessel deemed unfit to 158 MASTER AND WARDENS OF THE PORT OF NEW ORLEANS. Their lees. proceed to sea ; and they shall, upon every such survey, certify under their hands how the vessel so surveyed appeared to them, and shall cause entries to be made in a book to be kept for that purpose in their office, and for each certificate and entry they shall be entitled to two dollars, and for every duplicate thereof to one dollar ; and the wardens shall severally be entitled, for their services as surveyors of damaged goods or vessels, at the rate of two dollars and fifty cents per day. And further, it shall solely belong to the said master and wardens, or any two of them, to order and direct the sale of damaged goods by public auction, giving notice of such public sale at least two days before, in English and French, in two newspapers published in the city; and at least two of the wardens shall be present at such sale, and shall certify to the truth of the account of sales of the auctioneer by whom such damaged goods shall be sold ; and for such attendance and certificate shall be entitled to the sum of ten dollars. Not to be inter- Sec. 4. That neither the master nor any of the wardens aforesaid ested in any pilot ^. . . ,. boat, or with auy shall be concerned, directly or indirectly, in any pilot-boat or with any branch pilot. jj^anch pilot in respect to the business of his trust. Fees in certain Sec. 5. That whenever goods and merchandise, damaged on board of vessels arriving from sea, belong to different proprietors, but are addressed to the same consignee, it shall be lawful for the wardens who shall have inspected the same, and ordered and attended the sale of such damaged goods at auction, to demand and receive distinct fees for such pi'operty so surveyed and sold, provided the consignee shall require ditferent sets of certificates for each. Additional fees. g^c. 6. That in addition to the fees allowed to the master and Avardens, they shall be entitled to demand and receive for each vessel arriving in the port of New Orleans from sea, the sum of five dollars, whether they be called upon to perform any services or not ; which sum they shall be entitled to demand of the captain, owner, or consignee of every such vessel ; and in case of failure or refusal to pay the same, they shall have the right to proceed for the recovery of the same against the said vessel, before any justice of the peace or other competent tribunal. Deputies. Sec. 7. That the wardens of the port of New Orleans may appoint Oath to be taken deputies and clerks, but the deputies and clerks shall take the oath prescribed by article ninety of the Constitution, and shall be sworn truly and faithfully to perform the duties imposed on the wardens of the port of New Orleans ; and the said wardens shall be responsible for the acts of their deputies. Certain laws re- Sec. 8. That all laws contrary to the provisions of this act, and all laws on the same subject-matter, except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 489. DEOISIOKS OF SUPREME COURT. The port wardens of New Orleans are not entitled to the exclusive collection of the pilotage due to pilots. — 3 ■NI. R. 125. by them. pealed. MAYOR. 159 The port wardens are by law constituted sole judges of the necessity, which requires damaged goods to be sold at auction. — 6 N. S. 61. The ffees allowed to the master and wardens by the act of 17th February 1821, are at least when the services for which they are claimed, have been rendered, not inconsistent with the Constitution of the United States, nor with the act of Congress of 1812, admitting Louisiana into the Union.— 10 R. 11. 459. The offices of harbor-master and port-wardens of the port of New Orleans, were organized by the act of March 31st, 1805. By an act of 8th March 1841, the first section of that act and all other acts providing for the office of harbor master, were repealed so far as they related to the creation of said office ; but the rest of the act of 1805, remained in force. It provided for the police of the port, and for the appointment of a harbor master, port wardens and pilots; assigning to them such duties as were properly to be exercised under the local territorial authority. It received the san«tion of the Congress of the United States, and must be considered as having the authority of a law of the United States. We take section 11 to mean, that the master and wardens have the sole right to order and direct the sale of damaged goods by public auction in the case provided in that section ; that is, when called upon by the person commanding any ship or vessel arriving from sea. This construction gives us a wise law, one strictly constitutional and necessary in a sea port for the protection and guide of masters of ships. The statute presents solely a matter of contract ; neithe;* a tax, a toll, nor an impost of any kind or nature whatsoever purports to be imposed or is in contestation between the parties, etc. — 6 Ann. 389. • The principal object for which the intervention of port wardens seems to be considered requisite, is to determine when there exists a necessity for a sale, but when that fact is once established, the actual sale is always made at public auction. — 10 Ann. 796. MAYOK. No. 485. From and after the IGtli of Juue, 1856, the salary ms salary. of the mayor of the eity of Now Orleans shall be five thousand dollars per annum. City Ordinance, No. 282S. No. 486. That the mayor be requested hereafter to send Copies of ordi certified copies of all ordinances and resolutions passed by tlie common council to the parties to whom they relate. City Ordinance, No. 416. No. 487. That the mayor be and he is authorized to have a City seal. *^sear' ordered for the city of New Orleans so as to enable him 160 MAYOR. to furnish copies of documents to the city attorney and the several courts. City Ordinance, No. 101. For salaries of his clerks, see No. 748. Jb'or Ilia duties relative to Bakeries and Bread, see page 13. '' " '' Balls and public Exhibitions, see page 15. • " " " Bond and Sureties, No. 73. " " " Buildings, numbering of houses, etc., page 27. " " " Cemetery and Interments, see No. 126. " " " Coffee House, see page 44. " " '• Common council, see page 50. " " " Fires and their prevention, see page 92. " " " Ground rents, see No. 490. "' " " Lewd Women, No. 403. " " '' Offences and nuisances, 549, etc. " " '•' Police department, No. 568, etc. •' •• " Powder, No.. 353. " '• " Vehicles, No. 893, etc. ACTS OF THE LEGISLATURE. Qualifications of mayor. Duties of the mayor. Salary of the mayor. Fees, how dis- posed nf Sec. 26. That the mayor shall be at least thirty years of age, ten years a citizen of the State and five years a citizen of the city ; and shall have the qualifications required for the members of the House of Representatives of the State ; he shall keep his office in the city hall ; he shall have a seal, to be called the seal of the city of New Orleans, which shall be affixecl to all proper official acts of the corporation ; he shall see tliat the laws and ordinances, within the limits of the city of New Orleans, be properly -execvited; he shall be, ex-officio, justice and conservator of the peace ; shall appoint police officers, policemen and watchmen under the ordinances of the common council organizing the same, and discharge the same at pleasure ; and in case of discharging any officer of police, he shall communicate the fact of such discharge to t.lie common council at their first meeting after such discharge ; hfe shall alone control and make regulations for the police officers, policemen and watchmen ; he shall call meetings of the common council whenever he shall deem the same necessary, or whenever five members of either branch of the said common council may request him in writing to do so ; he shall also appoint one inspector of elections at each precinct of the city of Nev/ Orleans ; he shall from time to time lay before the common council a full statement of the condition of the aifairs of the city ; it shall be his duty to report to the common council all officers and persons employed by the city who fail to perform their duty, or commit any act for which they should be impeached or removed from office. The mayor shall receive an annual salary of not less than four thousand dollars nor more than five thousand dollars. No fee shall be allowed to him for his own use and benefit, upon any pretence what- ever ; and he shall render a monthly account, and pay into the city treasury, all sums which he may receive for dues or fees of any description.— Acts of 1856, p. 141. MAYOR. 161 Sec. 27. That all ordinances and resolutions, after having "been veto power of passed by both boards of the comn-on council, shall be transmitted to "^"y^"^- the mayor for his consideration, who, if he shall approve thereof, shall sign and publish the same , and such ordinances and resolutions shall thereupon have the force of law. But if the said mayor shall disap- prove of any ordinance or resolution transmitted to him as aforesaid, he shall, within five days from the time he received it, return the same to the board in which it originated, with his objections in writing, and if two thirds of the members elect to each board shall adhere tosaidordi- Powerofcommon nance or resolution, notwithstanding said objections; then,. and not ordinances and otherwise, the said ordinance or resolution shall after publication resolutions »ot- thereof, have the force of law ; provided, always, that if the said mayor jections of the shall not return any ordinance or resolution, transmitted to him as aforesaid by said common council, within five days after it shall have been received by him, then he shall be deemed to have approved the same and it shall have the same force and effect as if approved and signed by him.— Acts of 1856, p. 142. Seo. 10. That the qualification of voters for mayor, recorders, al- Qualification of dermen and assistant aldermen shall be the same as are prescribed by ■'■°*®"' the constitution of the State for the election of Representatives in the general assembly of the State. — Acts of 1856, p. 138. Sec. 15. That whenever a vacancy shall occur, by death or otherwise Vacancy in office in the office of mayor or recorder, it shall be the duty of the boards of yided for. aldermen and assistant aldermen, in joint meeting, to elect viva voce a person qualified to serve in the office so vacated, who shall continue in office till the Monday succeeding the next city election, and until his successor shall have been duly elected and qualified ; and in case of the sickness or temporary absence of the mayor, the president of the board Mayor pro tem- of aldermen shall act during said sickness or temporary absence as mayor pro tempore. — Acts of 1856, p. 139. See Acts of 1856, p. 138, sect. 13. DECISIONS OF THE SUPREME COURT. The mayor*of New Orleans being entrusted, for the common benefit of all the corporators, with power to see the charter faithfully executed, has a right to institute suit, to enjoin the execution by any of the Mu- nicipalities of laws or resolutions contrary to the charter, and to test their legality.— 13 La. 548. The mayor of New Orleans may order the demolition of works and buildings which tend to interrupt, embarrass or impede the use of the banks of the river, for a passage or public way. — 3 La. 563, 1 Martin 187. NEGRO TRADERS.---See Slave Marts, No. 774, etc. 21 162 NEW ORLEANS. NEW OELEANS. City seal. No. 488. That the mayor be, and he is hereby, authorized to have ''a seaF' ordered for the city of New Orleans, so as to enable liim to furnish copies of documents to the city attorney and the several courts. • City Ordinance, No. 101. Urban portion of No. 489. That the portions of the city comprised within the following limits, be declared as urban : Following the upper line of the city to the centre of the Metairie road ; following the Metairie road to the bayou St. John; following the centre of bayou St. John to canal Marigny ; follow- ing the centre of canal Marigny to Elysian fields and Florida avenue ; thence through the centre of Florida avenue to canal Pes Pecheurs, and up this canal to the river. City Ordinance, No. 479. Groundrentsdue ^s^o. 490. (1.) That all persons holding property within the city of New Orleans, subject to ground rent, payable to the city at the rate of six per cent, per annum upon the capital debt secured by said property, be and they are hereby permitted to release themselves from such ground rent by full payment of the same au... uf the capital thereof into the treasury. (2.) That the mayor be authorized to raise any mortgage held by the city upon property as above described upon the exhibition of the city treasurer's receipt or certificate showing that the payment required by the foregoing resolution has been made. City Ordinance, No. G43. Seo Nos. 229 and 2S0. City property un- No. 491. Whereas, It is supposed that there is at the present known. . . o i i i • i • t tmie a large amount ot real estate and other property withm the limits of the city of New Orleans, which in fact belongs to the corporation, but of which there is no record on the j^ooks of the city, and it is further believed that if proper steps are taken the same may be ascertained and made available ; therefore, be it Five per cent, for (1.) Resolved, That a commission of five per cent, on the Bcovtr , e . ^,^\^Q (jf .^yy j,Q^\ estate or other property, shall be paid to any person who shall report to the council the location and descrip- tion of such property; provided the same be non-recorded in the books of the city. (2.) That the above said commission of five per cent, shall not be considered as due to the informer until a full proof of valid title to the city shall have been fully established by law. City Ordinance, No. 2270. See No. 230. NEW OEtEANfcJ. 16S No. 492. That all resolutions of the thi*6e. Municipalities of Rep«aiof old or- New Orleans, and of the late city of Lafayette and of the eon- *°*°'*^' solidated city of New Orleans, approved prior to the first of January 1855, appropriating moneys, are hereby repealed, provided- that nothing herein contained be construed to impair the validity of conHacts entered into by the city. City Ordinance, jS^o 198G, Approved Feb. 7,' 1855. For Powers of Common Council, see page 50. For consolidated City Debt, see page 66. For Assessment Districts, etc., see page 22. STATE CONSTITUTION. Art. 124, The citizens of tke city of New Orleans sj^all have the right of appointing the several public officers necessary for the administration of the police of the said city, pursuant to the mode of elections which shall be prescribed by the Legislature ; provided, that the mayor and recorders shall be ineligible to a seat in the general assembl}^ ; and the mayor, recorders, aldermen and assistent aldermen shall be commissioned by the governor as justices of the peace, and the Legislature may vest in them such criminal jurisdiction as may be necessary for the punishment of minor crimes and offenses, and as the police and good order of said city may require. Art. 16. In all apportionments of the Senate, the population of the city of New Orleans shall be deducted from the population of the whole State, and the remainder of the population divided by the number twenty-seven, and the result produced by this provision shall be the senatorial ratio entitling a senatorial district to a senator. Single or contiguous parishes shall be formed into districts, having a population the nearest possible to the number entitling a district to a senator; and if, in the apportionment to be made, a parish or district fall s'^-z^H of or exceed the ratio one-lifth, then a district may be formed having not more than two senators, but not otherwise. No new apportionment shall have the effect of abridging the term of service of any senator already elected at the time of making the apportionment. After an enumeration has been - made as directed in the eighth article, the Legislature shall not pass any law until an apportionment of representation in both houses of the generaly assembly be made. i ACTS OF THE LEGISLATURE, An Act to consolidate the city of New Orleans, and provide for the government and administration of its affairs. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That all that a portion of the portion of the parish of Orleans, situated on the left bank of the river P"^^ ''^?^^®*°^ ^ '^ incorporated as Mississippi, shall be the city of New Orleans, and that all the free white the city of New inhabitants thereof shall be a body corporate by the name of the *' city "^ **^'* 164 NEW ORLEANS. of New Orleans," and by that name they and their successors shall be Powers of said known in law, and shall be capable of sueing and being sued, and of corporation. , ,,«,..,, . , . „ procecuting and defending in all courts and in all actions and matters whatsoever, and may have a common seal, and may alter and change the same at pleasure, and by the same name they shall be capable of holding and conveying any estate, real or personal, for the use of sai(^orpora- tion, under the restrictions and limitations hereafter set form. — Acts of 1852, p. 42. An Act extending the laws relative to the city of New Orleans over its present limits. Be it enacted by the Senate and House of Representatives of the State of Laws relative to Louisiana in General Assembly convened, That all laws now in force tended"^ through- relative to the incorporation of the cify of New Orleans, and to the out its present duties of all officers, both state and municipal, shall be in force and effect limits. throughout the whole limits of said city as fixed by the Constitution, as if the same had been passed to operate within the said city as now constituted. — Acts of 1853, p. 154. For division into wards, see Acts of 1852, page 42, sect. 2, and page 55, sect. 2. Rights, etc., of the municipalities, etc., vested in the city, see Acts of 1852, page 52, sect. 36. Rights, etc., of Lafayette, etc, vested in the city, see Acts of 1852, page 56, sect. 6. An Act to limit the Indebtedness of the city of New Orleans. Council pro- SECTION 1. Be it enacted by the Senate and House of Representatives of hlcreaslnrthe the State of Louisiana in General Assembly convened, That it shall not amount of the hereafter be lawful for the council of the city of New Orleans to authorize the^city. auy increase of the amount of the present indebtedness of said city. When said in- Sec. 2. That after the total indebtedness of said city shall have been debtedness shall reduced, under the operations of existing laws, to the amount of twelve be reduced to ' ^ o 7 $12,000,000, it millions of dollars, it shall not be lawful for the city council to authorize fuftoTncreaseTt any increase of said indebtedness beyond the sum herein specified, in any manner, y^j^jether the said debt be in the form of bonds, loans, contracts, or en- gagements under any ordinance, resolution or other act. — Acts of 1855. page 228. An Act making Municipal Corporations liable for damages done to property by mobs and riotous assemblages. Section 1. Be it enacted by the Senate and House of Representatives of Corporations ren- the State of Louisiana in General Assembly convened, That the diflFerent damages^^^^ ^^^ municipal corporations in this State shall be liable for the damages done to property by mobs or riotous assemblages in their respective limits. — Acts of 1855, p. 45. Can subscribe to stock, etc., Acts of 1855, p. 12. NEW ORLEANS. 165 Sec. 42. That the common council of New Orleans shall hare power Bonds which the to require bond and security from all persons holding any office of trust the'^ci^tVmay're- or emolument in the city administration, for such sum as they may deem q^i". proper, not exceeding ten thousand dollars. — Acts of 1852, p. 55. For Municipal Corporations generally, see Acts of 1855, p. 325. For fii||t act of Incorporation of the city, see Acts of 1805, p. 44. For Act dividing the city into three municipal corporations, see Acts of 1836, p. 28. For Acts consolidating the same, see Acts of 1852, p. 42 ; Acts of 1850, p. 156. For Acts annexing Lafayette, see Acts of 1852, p. o5. For New Charter, see Acts of 1856, p. 136. For history of the city, see " Intrduction. " DECISIONS OF SUPREME COURT. 1, — The incorporated limits of the city of New Orleans terminate at the water's edge, and include no part of the river. — 5 La. 460, 17 La. 573. 2. — Milneburg on Lake Pontchartrain is considered to be within the incorporated limits of New Orleans, and subject to city ordinances and police regulations. — 13 La. 70.. 3." — When the act of incorporation does not expressly include the inhabitants of a certain place within the city limits, yet if they considered themselves residents within the limits of the city and enjoyed the rights of other residents of the city, this will be regarded as a practical interpretation of the law and as including and subjecting them to the police regulations. — 13 La. 70. 4. — The plan of a portion of the faubourg St. Mary drawn on the first of April 1788, by L. Trudeau, is the earliest plan of the faubourg known to exist. — 19 La. 62. 5. — The territory of the city of New Orleans was composed, at the time of its incorporation of urban and rural property, the latter being by far the most extensive. — 2 Ann. 611. 6. — The city of New Orleans was founded by Governor Bienville, about the year 1718. A copy of a plan which the city has obtained from the minister of marine and colonies in France, made by engineer De Lassas in 1726, exhibits the city of that period and its environs. The first concession of land below the city was more than half a mile dis- tance and all the intervening space was marked as commons of the city. It was fortified at its foundation and an esplanade was left outside for the use of the fortifications. By Depanger's plan (made May 29, 1724,) it will be seen that the city was at that period laid off into parallelo- grams down to Barracks street and the barracks were situated at the corner of that street and the levee. The fortifications were maintained and enlarged from time to time until the treaty of peace between France and Great Britain in 1763, when the province was ceded to Spain. In 166 i^EW ORLEANS. 1794, baron Carondelet surrounded the city witli new fortifications in which he was aided by Lareau Trudeau, tho surveyor general of the province. — 5 Ann. p. 724. 7. — The city council possess the power to remove as nuisances, buildings, etc., wliich encroach on the line of the street, and to regulate the public ways and maintain order and safety thereon, and to demolish works which tend to interrupt, embarrass or impede the use of the banks of the river or public grounds and squares. — 1 Martin 87 ; 4 Martin 10; 3 La. 563; Ann. 34. 8. — The corporation of New Orleans possess full power to make by- laws to maintain the cleanliness and salubi'ity of the city, and may abate nuisances, as a private hospital ; and it would require a strong case to induce the court to interfere with its exercise. — 5 N. S. 409 ; 5 Ann. 747; 10 Ann. 227. 9. — The corporation are authorized to prohibit the sale of oysters in the city, except at certain designated stands. — 2 La. 219. 10. — Ordinances of the city council directing sales of all property remaining on the levee a longer term than is authorized by the police regulations, is unconstitutional and void; so is the statute of 1834, authorizing the council to pass such ordinances. The corporation possess the power to remove encumbrances from the levee streets, etc , at the expense of the owner. — 4 La. 97 ; 4 La. 98; 15 La. 129. 11. — The corporation is the administrator of the use of the banks of tho river, and of the batture outside of the levee, for the general convenience and the'great objects of public utility, and must necessarily possess all tho powers and authority requisite to effect those objects ; it has a right to all the advantages it may produce and can make banks and improve- ments to increase the revenues. It has not only the right to use the • earth taken from the batture, in the construction of wharves, enbank- ments and levees, but also for the purpose of improving the port and streets and avenues leading to it. — 18 La. 278. 12. A purchase of real estate by the corporation, with a view to divide it into lots and streets, and to resell the same for the purpose of improving the cleanliness and salubrity of the city and the convenience of the streets, is legal.— 2 R. R. 491. 13. — The erection of wharves at such places as commerce may require, is a legitimate exercise of municipal power. — 6 R. Jl. 349. 14. The municipal authorities are bound to preserve unobstructe d for public use, the streets of the city and the banks of the river, and though they may tolerate, temporarily, works not deemed injurious to the rights of the public, no permission of a council can prevent a subsequent council from putting an end to such toleration. — 6 R. R. 349. 1.5, Corporations are responsible for exercising, through their offices, in an unskillful and improper manner, powers vested in them by their charter. — 5 Ann. 660. IG. — Laws enacted under the State constitutions, establishing and regulating the municipal rights and power of New Orleans, are not NEW ORLEANS. 167 contracts, but ordinary acts of legislation. The powers they confer are not franchises, in the original meaning of that word, but mandates only; and these laws may be repealed at pleasure, except so far as their repeal may affect rights acquired by third persons under them. They must be construed and applied in all cases, like other laws. — 1 Ann. 162; 5 Ai^n. 664. 17. — The city of New Orleans is made, by the constitution of the State, one of the permanent functionaries of government ; and the laws by which it is organized are eminently laws for the perservation of public order, from the force and obligation of which individuals cannot derogate by their conventions. — 1 Ann. 435; 3 Ann. 313; 5 Ann. 664. 18. — New Orleans has not all the powers which belonged to the city under the French government of Louisiana, nor those of the cabildo under the Spanish government. Since the legislation in our codes on the subject of corporations, the express delegation in the act of 1805, organizing the city government, the radical change in our political system by the transfer of Louisiana from the French republic to the United States, the repeal of the laws of Spain in 1828, and our own settled jurisprudence in relation to the political corporations of the State, it is useless to look for our municipal powers elsewhere than in our code, legislation and jurisprudence. — 3 Ann. 294. 19. — The first section of the act of 1805, restricting the right of the corporation of New Orleans to hold real estate to such as is situated within the limits of the city, does not include slaves. — 2 Ann. *B97. 20. — The statute of February 17, 1805, confers, in general terms, powers of administration, -and, by its various special delegations of authority, excludes the idea of any other power being granted than such as is required by the police and preservation of good order among -the population. — 3 Ann. 294, 21. — The word '-canals" in the 16th section of the statute of February 17, 1805, authorizing the "mayor and city council of New Orleans to cause common sewers, drains, canals, pavements and bridges to be built and constructed in every part of the city," means canals for draining and not for navigation. — 3 Ann, 294. 22. ^ The power to relieve the indigent sick and to provide for the poor who are unable to labor, is conferred on the municipal authority of New Orleans by act of March 14, sec. 1 and 17; February, 1821, sec. 2. — 4 Ann. 42. 23. — The council is the sole judge of the validity of the election of its members, and the law giving the council this exclusive power is not unconstitutional.— 7 N. S. 1. 24. — The council are authorized to establish by ordinance a uniform rate of wharfage, to be paid by ships, steamers and other vessels moored in front of any part of the city.— 2 Ann. 538. 25. — Whatever effect the by-laws and ordinances of a municipal councij may have, they are not laws passed by the legislature of a State, and 168 NEW ORLEANS. they are not to receive the same strict scrutiny as penal statutes, where they inflict fines as penalties for their contravention. Section 4 of the act of March 14, 1816, which provides that "neither the mayor, recorder nor any aldermen then in office, shall be allowed, in his own name, or through the medium of others, to become a lessee or bidder for any branch of the revenues of the city" etc., cannot be con- sidered as prohibiting such persons from leasing any lot of ground or other property, not forming an entire branch of the revenue of the city. — 3 R. R. 368. 26. — The act of May 4, 1847, to provide for the payment of the debts of the Municipality of New Orleans, gave a certain destination to the sinking fund, by which vested rights were acquired that could not, under act 109 of the constitution, be divested by a subsequent act of the legislature. The act of March 20, 1850, providing for the liquidation of the city debt, gave a different destination to the sinking fund, and is consequently unconstitutional. — 6 xYnn. 21. 27. — Our laws secure the public use of the banks of navigable rivers, and within the incorporated limits of towns, the municipal government is authorized to regulate that use ; but their regulations must be in furtherance of the pviblic use to what the banks are subjected, and cannot be taken advantage for the purpose of forever enjoying the property of the riparian proprietor, which is not necessary for future use. — G Ann. 450. 28.— jThe public have the right to use the banks of navigable rivers, but this right does not authorize the permanent location of a dry dock in front of the land owned by another person. — 6 Ann. 450. 29. — The right to establish public places and to charge their destina- tion, is an attribute of sovereignty which the legislature may delegate to corporations. The legislature of Louisiana has delegated this power to the city of New Orleans, without reservation; under the grant it is competent for the city government to accept a dedication of public streets and equally competent for it to annul the acceptance before the streets have been opened, provided no vested right, acquired under the dedica- tion, is affected by the change. — 7 Ann. 270; 8 Ann. 145. oQ. — Towns and cities may be projected, and streets, public squares, and roads may be laid out on plans ; but so long as the ground remains enclosed and no portion of it is sold with reference to those plans, and no express dedication is made and accepted by the proper authority, the right of the owner to the soil which those streets, public squares and roads cover, is not affected thereby. When neither the dedication nor the acceptance are express, the rights on behalf of the public must be sup- ported by long continued usage. — 7 Ann. 233; 9 Ann. 597; 10 Ann. 81. 81. — In relation to public places and streets within this city, the municipal authorities represent not only the corporations but also the public; a final judgment against them is a judgment against the public, and no individual can bring the point adjudicated again before the courts,— 7 Ann. 498. NEW ORLEANS. 169 82.— The municipal authority of the city has no power to impose a penalty, on that which the law of the State has made punishable as an offense. — 7 Ann. 651, 33. — Municipal corporations are expressly authorized to receive legacies by the Civil Code, (Art. 423.) and by the whole course of legislation on the subject. — 8 Ann. 170. 34. — Under the successive Constitutions of Louisiana, the city of New Orleans and its officers have been made permanent functionaries of government for all purposes of police and good order, and for the punish- ment of minor crimes and offenses. The police and good order of a city include the education of youth, and the care of the poor within its limits. — 8 Ann. 171. 35. — It may well be doubted whether a servitude of prospect can be established in our modern cities, where the squares are contiguous and no open space save the streets and public squares, are habitually left, except, perhaps, in the case of adjoining lots. The right of perpet- ual front on the river is a new and unusual servitude, which, even if established by the title, would not be recognized. — 8 Ann. 145. 36. — The mayor and aldermen, etc., of New Orleans are fully empowered to enact ordinances and adopt measures of police for preserving the health and promoting the comfort, convenience and general welfare of the inhabitants. — 10 Ann. 227. 37. — A resolution of the common council, directing a city officer to abate a particular nuisance under a general ordinance, is legal, and cannot be assimilated to an ordinance inflicting a fine or penalty upon a particular individual. — 10 Ann, 227. 38. — The statute of 18th March, 1850, creating a distinction between urban and rural property, in preparing the budget of receipts and expenditures of the city of New Orleans, is repealed by the consolidation act of 1852.— 10 Ann. 454. 39. — A cemetery is an indispensable part of every city or town, and wherever situated, must be in the neighborhood of private property. Such cemetery is not a nuisance because it depreciates the marketable value of the property in its neighborhood, — 11 Ann. 244; 10 Ann. 431. 40. — The several acts of the Legislature giving to the city police powers over the batture, were never intended to disturb the rights of property ; and had such been the objects of the statutes, they would, to that extent have been nullities.— 11 Ann. 148. For decisions relative to Batture, see page 19. " *< Master and Wardens, page 158. " *' Taxes and Licenses, see "Revenue." " " Stretes, Pavements, Levees, etc., see "Streets.'* See also "Ordinances," "Pounds," "Wharves," etc. 22 170 NOTARY — CITY, ANl) NOTARIES PUBLIC. NOTARY— CITY, AND NOTARIES PUBLIC. Election of [notft. No. 49i5, (1.) From and after the passage of this Ordinance, there shall be elected annually, by the common council of the city of New Orleans, on the third Tuesday of May, a notary public, before whom shall be passed and executed all contracts, agreements, deeds of sale and purchase, and all other authentic acts to which the city of New Orleans may be a party, or have any interest therein ; and whose compensation shall be the fees established by law, said fees to be paid by the parties contracting with the said city of New Orleans. (2.) That on the Tuesday following the final passage and publication of this ordinance, a notary public shall be elected to serve until the third Tuesday of May, eighteen hundred and fifty-three. City Ordinance, No. 75. Hisdutyasto No. 494, From and after the passage of this resolution, it purchasers of /» -i • i • contracts. sliall DC tlic duty 01 the city notary, upon the promulgation of all resolutions approving the adjudications of contracts, to notify the parties thereof through the post ofiice, and within ten days thereafter if the contractors and securities have not signed their contracts, it shall become his duty to inform the city comptroller thereof, and after five days notice in the ofiicial journal, proceed immediately to a new sale, the amount deposited by the previous contractor being forfeited in favor of the city. City Ordinance, No. 1696. See Contracts, page y(K See Bonds, page 2i. ACTS OF THE LEGISLATURE. An Act relative to Notaries in New Orleans. Section 1. Be ii enacted by the Senate and House of Representatives of Duty of notaries the State of Louisiana in General Assembly convened. That it shall be anc's^recorded, the duty of the notaries in New Orleans to cause every deed of sale, donation, or any other sort of conveyance of real estate or slaves, passed before them respectively, even when the parties shall agree to dispense therewith, to be registered at the ofl&ce of the register of conveyances for New Orleans, within forty-eight hours after the passage of said acts, and this under the penalty of five hundred dollars line, to be recovered before any court of competent jurisdiction, for the use and profit of the Charity Hospital, and also under the penalty of being liable for all damages which the parties may suffer through the neglect of said notary to register the said acts. in Sue. 2. That the governor shall not appoint or commission any C«rtmcatd to ba notary public in or for the parish and city of New Orleans who shall judges of Su- fail to furnish him with a certificate from the judges of the Supreme court, ^'^^^^ ^^^^ certifying to the qualifications requisite to perform the duties of said ofl&ce. That all notaries public in the parish of Orleans shall give bond ^^p^d to be fur- with security in the sum of ten thousand dollars for the faithful dis- ries. charge of the duties of his office. Sec. 3. That it shall be the duty of said register of conveyances to CertiQcate to b« affix to the act, to be enregistered, a certificate that he has enregistered fJJ'V conyej?*^ the same. ^^''^s- Sec. 4. That hereafter neither the Sheriflf nor the notaries of the Act of sale of parish of Orleans shall pass or execute any act for the sale, transfer or te^paLed uniei^a exchange of any real estate situated within said parish, unless the State, ^^^ taxes due parish and municipal taxes dne on the same be first paid, to be shown been paid, by the tax collector's receipt, or certificate to that purpose. Sec. o. That the sheriff or notary public violating the provisions Penalty for vio- of the preceding section shall, upon conviction thereof, be fined in a sum ing'*section!°'^^^ of not less than fifty nor more than two hundred dollars for each violation, to be recovered by the district attorney, for the use of the free schools of the parish of ^Orleans, before any competent tribunal. Sec. C. That it shall be lawful for each and every notary public in Deputies New Orleans to appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promisory notes ; provided that each notary shall be personally responsible for the acts of each deputy employed b;^ him. Each deputy Oath to be taken shall take an oath faithfully to perform his duties as such. The certi- ReiatiT© to no- ficate of notice of protest shall state by whom made or served. *^^®' °^ protest. Sec. 7. That all laws contrary to the provisions of this act and all Certain laws " ^ repealea. laws upon the same subject-matter, except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 320. Sec. 19. That every notary public, recorder of mortgages, and parish Fees of notaries , ,. 1 « , . .,. ^, . and recorders, recorder acting as notary public or recorder of mortgages, m this State, shall be entitled to demand and receive the following fees of office, and no more, to wit : For writing original acts of any kind, including recording the same, for every hundred words, twenty five cents. For every necessary seal and certificate to every notarial act, seventy- five cents. For making copies of all official documents, ten cents for every hundred words. For seal and certificate to any copy, fifty cents. For proving up an act under private signature, fifty cents. . For recording an act under private signature, ten cents for every hundred words. For certificate of record and seal to an act under private signature, fifty cents. For recording acta under private signature, which have been proved 172 OFFENSES AND NUISANSES. up otherwise than before the parish recorder or notary, ten cents for every hundred words. For certificate of mortgage with seal, one dollar, and for every hundred words after the first hundred, twenty cents. For canceling a mortgage, one dollar. The parties to a notarial act may, by written clause in the act, dispense with the certificate of mortgage required by article three thousand three hundred and twenty-eight of the Civil Code, and the notary or parish recorder shall not in such case be entitled to charge for such certificate. For fixing seal and effects of intestates, two dollars. For removing the same, with proces verbal, one dollar. For swearing each appraiser or expert, twenty-five cents. — Acts of 1856, p. 168. See also Acts of 1855, page 322. OFFENSES AND NUISANCES. An Ordinance relative to offenses and nuisances. Defacing build- No. 495. Art. 1. — (1.) No person shall deface any build- ings, etc. . 1 M T . . ing or buildings, fence, sign or other private property in the city, by cutting, breaking, daubing with paint, or in any other way defacing or injuring' the same. Doorbells, No. 496. (2.) No ,person shall mischievously rinp; a door knockers, door ^ \ i r ./ o plates, etc. bell or US8 the knocker of any house or office or other place, or shall wantonly injure any door bell or knocker, or deface, or injure, or remove any door plate upon which the name of the resident is inscribed. Postere. No. 497. (3.) It shall not be lawful for any person to post up an advertisement or other paper whatsoever, on any private house or building, or wall, or fence, without the consent of the owner, or upon any public building or wall or fence. Notices of No. 498. (4.) It shall not be lawful to post up, or have merTtfetc.'^** ' postcd up or placarded in any public place, any hand-bill announc- ing the sale of medicine or the nature of the treatment for any kind of disease. Firing of guns, No. 499. (5.) No pcrsou shall fire or discharge any gun, pis 8, crac ers, ^-^^^i^ fowling piece, or fire arms, within the limits of the city, or s^ fire to, or discharge any rocket, cracker, squib or serpent, or shall throw any lighted rocket, cracker, squib or serpent, within the limits of the city, without the license of the common council, provided that nothing herein contained shall apply to military reviews or to the lawful use of weapons in self defense. OFFENSES AND NUISANCES. 173 No. 500. (6.) It shall not be lawful for any person or persons shooting gaiio- to erect, or in any manner establish or continue any pistol or shooting gallery within the limits of the city of New Orleans, without having j&rst obtained the consent of two-thirds of the persons residing within one square of the place where any pistol or shooting gallery is intended to be established, and the permis- sion of the common council; and it shall be the duty of any person or persons so establishing such shooting gallery, to have the same so enclosed as to prevent the report of fire arms being heard in the street or streets on which the same may be located. No. 501. (7.) It shall not be lawful for any person or persons Drums, horns, to beat a drum, or blow a horn, or sound a trumpet in any street or public place within the limits of the city. Provided, that this provision shall not apply to any militia or other procession, or to those cases in which auctioneers are permitted to beat drums. No. 502. (8.) It is unlawful to use indecent or vulgar indecent lan- 1 . i J. - 1.T 1 guage, nuisances, language m any street, cemetery, public square, or levee, or etc. other public place, or to commit any nuisance oiFensive to public decency, in any public place or in any open lot, or on or under any wharves. No. 503. (9.) It is unlawful to abuse, provoke, or disturb Chariyaris. mask- . . ' . ing,etc. any person ; to make charivari, or to appear masked or disguised in the streets, or in Sinj public place. No. 504. (10.) No person on Mardi G-ras, or at any other Throwing flom, time, shall throw flour or any other substance on any person passing along the streets or any public place. No. 505. (11.) No person shall make a violent noise or create Disturbances, J.,, rr 'xi-T -L'^'i' intoxication, etc, disturbance, or onense against public peace by intoxication or otherwise. \ No. 506. (12.) All persons are forbidden and are prohibited Throwing offai, from throwing or depositing any offal, filth, manure, feculant etc^' ^° " ^^^ ^' matter, corrupt or putrid water or any shells, hay, straw, kitchen stuff, paper, cloth or any matter of any kind which may be offensive to the smell or injurious to the health, on any banquette, street, alley, wharf or any public place, or in any gutter, drain or canal, within the limits of the city. Provided, that ordinary kitchen offal may be deposited in tubs, boxes, barrels or baskets to be placed on the outside of the banquettes, convenient to be taken by the offal carts on each morning in the summer, at or before 8 o'clock, and in the winter at or before 9 o'clock. No. 507. (13.) No person shall be allowed to keep or let Offai reaiainiug remain within their yards or private alley, any of the articles or ° ^^^ ^' * "" 174 1 OFFENSES AND NUI8ANCBS. \ things mentioned in the preceeding section, more than twenty- \ four hours. Deposit of foeted No. 508. (14.) It shall not be lawful for any person or ' * persons to deposit in any part of the city except at the nuisance wharf, any manner of nuisance, manure, filth, offals or foetid matter of what nature soever, and the parties offending and the vehicle shall be arrested, and made subject to the fine hereinafter mentioned. Obstructing gut- No. 509. (15.) No pcrsou shall impede or obstruct the passage or flow of water of any gutter, ditch, pipe, or drain, in this city, or in any manner dam the same. Taking earth '^q, 510. (16.) Evcrv pcrson who shall, without the consent from 8treet8, etc. . . of the street commissioner or surveyor, carry away, or cause to be carried away, any earth from any street, square, public square, public walk, or commons, shall pay the fine hereinafter stipulated. See Xo, 66. Riding horses on No. 511. (17.) It sliail iiot be lawful for any person or tai'iTBtreet's. ^^^ pcrsous to ride on horse back, or to drive any horse or vehicle, or to turn out any cattle, or in any manner or shape to exercise the same in the centre of the following named streets — Canal, Basin, Rampart, Esplanade or Claiborne streets, St. Bernard avenue, or in Coliseum place, or in any public square. . Hitching horses No. 512. (18.) It shall uot be lawful for any persou to hitch on sidewalks. ^"^ or fasten any horse upon the sidewalk, or to hitch it in such a manner and at such place that it may get upon a sidewalk, or to ride or lead any horse over any sidewalk or banquette, except in taking the same to and from the place where it is kept. Washing horses No. 513. (19.) It shall be unlawful to wash horses or other onpavem n ,e c. ^j^-^^^jg ^^ ^^^ sidcwalks of the city, or in any other place that will incommodate the public. Shaking carpets, No. 514. (20.) It shall be uulawful for any person or persons iu'pubfic places^ ^^ hang up ou ti'ccs, posts or fences, or on lines suspended from ^^' either, or to spread upon the ground any articles of clothing or bedding for the purpose of drying, or to shake carpets on any public squares, streets, promenades or other public grounds belonging to or under the control of the city. Sale of groceries No. 515. (21.) It shall not be lawful to sell or offer for sale in streets, etc. ^^^ article of groceries, by retail, in the streets of the city, either in carts or otherwise, gale of Tegeta- No. 516. (22.) All Vegetables, melons, potatoes, onions, etc!' ^ ' ^^^^' fish; shrimps, crabs, crawfish, turtle and game, destined for the OFFENSES AND NUISANCES. 175 daily supply of the city, shall be brought to the markets established by law for the sale thereof, and all persons exposing for sale any of said articles in the streets, or in other part than at said markets during market hours, shall be fined as hereinafter directed, and the said articles shall be seized and detained until payment of the penalty. See No. 432. No. 517. (23.) Every person is forbidden to sell oysters in oysters. this city from the first day of June until the first day of September. It shall not be lawful to sell them in any of the ' city markets or opened from pirogues or other crafts, or deposit them on the levee for sale, or to sell stale or bad oysters. See No. 445. No. 518. (24.) It is unlawful to form heaj^s of oysters on oyster?: the sidewalk or on the streets, or in other houses than those licensed to sell the same. No. 519. (25.) Any person who shall strip naked for bathing, Bathing in public or show himself naked, or in any indecent apparel, or shall P'^°*^' bathe during the day light, in the river Mississippi, or in eithei- of the basins, or any where publicl}^ within the limits of the city, shall be arrested and fined as hereinafter directed. No. 520. (26.) It shall not be lawful for any person or Hogs, persons to keep a hog or hogs within the limits of the first district between the river and CJalvez street, nor within the second district between the river and Galvez street. No. 521. (27.) No person shall keep or permit to run at Dog?, large within the limits of the city, any dog which shall, by barking, biting, running after persons, howling, or in any other way or manner disturb the comfort or quiet of any person or persons whomsoever. No. 522. (28.) No owner of any animal afilicted with the Diseased animals glanders or other contageous distemper, shall suiFer the same to roam at large in any street, road, levee, or other public place whatever. No. 523. (29.) All persons are prohibited from selling on sale of liquors on any vessel or flat-boat any beer, cider, wine or spirituous ^''*^®^''' ^*''- liquors in quantity less than a barrel. No. 524. (30.) Any person committing any of the off"euses penalty for vio- or violating any of the provisions hereinbefore named shall be MOTi^ion?*^"*"^ fined not less than five nor more than twenty-five dollars, and if 176 OFrENSES iND NUISANCES. Vitriol and aqua- fortis. Wild animals. Burial of dead animalf<. False alarm of fire. Filling lots, stag- nant water, etc. Filling lots Tyith manure, etc. Penaltiee. Immoral exhlbl- ti0D8, etc. the fine be not paid, lie sliall be imprisoned for ,a term not exceeding ten days. No. 525. Art. 2. — (1.) No person or persons shall have, keep or possess within the limits of the city, any quantity of oil of vitriol and aquafortis, unless it be kept in a place approved by the mayor or surveyor, either under ground, in a vault, or in a stone or brick building. No. 526. (2.) No wild and ferocious animal shall be kept within the limits of the city, on the premises of individuals, or in manageries, unless such animal be under the charge of an armed guard, day and night. No. 527. (3.) Whenever any horse, mule, cow or other animal die in the city, it shall be the duty of the owner or keeper thereof, to bury or cause the same to be buried beyond the precincts of the * city in a hole of sufficient depth ; and all persons are forbidden to throw, deposite or leave in any street, high road or public square, or other public way, lot or ground whatever, or near the same, any dead animal or carrion, under the penalty hereinafter named ; and the said offender sliall, besides,, be liable for the payment of the expenses incurred by conveying the said dead animal or carrion without the city, to be buried in the manner aforesaid. And this duty shall be performed without delay, under the direction of the street commissioner. No. 528. (4.) No person shall without reasonable cause, make a false alarm of fire by outcry, ringing of bells or otherwise. No. 529. (5.) No person shall suffer stagnant water to remain on his premises or in any lot owned by him, and any person who shall fail, after sixty days notice given to him by the street commissioner, to fill up his said lot or premises so as to cause the water to run oif in the streets and not on the adjacent lots, shall be fined in the sums hereinafter mentioned. No. 530. (6.) It shall be unlawful to fill up or partly fill up any lot with manure or other offensive or deleterious matter. No. 531. (7.) Any person or persons committing any of the offenses or violating any of the provisions hereinbefore named in this article, shall be fined not less than ten nor more than fifty dollars, and in default of the payment of the penalty, he shall be imprisoned not exceeding thirty days. No. 532. Art.— (3.) No person shall exhibit or cause to be exhibited in this city, any bull or bear fight or pugilistic OFFENSES AND NUISANCES. 177 contest, or make any immoral exhibition or form processions for the purpose of attending such exhibitions. No. 533. (2.) No person shall keep a cock-pit, without cock.pits. permission of the mayor, who may at any time revoke his per- mission and close the same if order be not preserved. No. 534. (3.) It shall not be lawful for any person or obscene papers, persons to expose, circulate, offer for sale, sell \ or distribute Jfi" *' ^ '^ ^^^^' within the limits of the city, any obscene, scandalous or libelous book, print, newspaper, pamphlet, circular, or periodical carica- ture, picture, drawing, statue or other object whatever, of any immoral or scandalous nature, or calculated to excite scandal, immorality or disturbance of the public peace or tranquility. No. 535. (4.) No person shall break, deface or carry away Defacing, etc., any board or plate indicating the name of a street or the toM'^etr*'^' number of a house, or deface, cut or iu any way wantonly injure any monument, public building, or any other object destined for public utility or decoration, or cut, damage or destroy any post, sidewalk or other work belonging to the city, or cut or destroy or damage the enclosures of any grave yard, tomb or monument, or damage the tombs or fences, or trees or shrubbery of any cemetery. No. 536. (5.) No person shall sell, or offer for sale, or keep spoiled proTi- exposed in any public place, any blown, stale, imperfect or un- °°^* wholesome provision, or tainted meat or fish, or any animal which has died of disease, or any impure or unsound food whatever. See No. 427, No. 537. (6.) No person shall fraudulently adulterate for AduiieTation af the purpose of sale, any substance intended for food or any liquor ^°J ""** ^"°"* intended for drink, or any drug or medicine with any substance, or in any manner injurious to health. No. 538. (7.) No person, unless authorized by the mayor, DUinterHag street commissioners, recorder, or coroner, shall wilfully digv up, *>°^'®''' **^'- disinter or cari'y away any human body, or the remains thereof, or shall knowingly aid in such disinterment, or carrying away, or shall be accessory thereto. No. 539. (8.) All persons are forbidden to keep within the Keeping dam- limits of the city or suburbs, any provisions that are spoiled or If^'^ vroyifiona, damaged, or any articles whatever that are in a state of putrefac- tion ; all persons possessing such provisions or articles, must throw them or cause them to be thrown into the river. No. 540. (9.) The mayor is authorized to prevent from being Landing of dam- landed from any vessel, boat or craft, or from being introduced It^^ provisions, 23 lis OFFENSES AND NUISANCES. into the city, damaged Mdes, peltry, salt provisions, or other damaged or infected articles, which may be injurious to the puhlic health, and no person shall land, or bring into the city, any article calculated to injure the health of the city. Using & storing No. 541. (10.) No distiller, soap boiler, or chandler, or any unwholesome ^ ^ . ■ liquors & goods, other person, shall keep within the city, any foul, tainted or corrupted water or liquor, or shall store up tallow, grease, or other matter in a state of putrefaction, or shall make use of such water, liquor, tallow, grease, or other matter. Offensive shops, ]^q^ 542. (11.) Whenever any workshop, manufactory, labora- *te. tory, or other such establishment, situate within the city or suburbs, exhales foetid or offensive odors or vapors, it shall be the duty of the mayor to authorize the city physicians to carefully examine the premises, and the said physicians may, should it appear to them necessary, require the authority of the mayor to cause to be opened to them the doors of any such workshop, or any other establishment, as aforesaid, and should the said physicians be of opinion that the said odors or vapors are of such a nature as to vitiate the air, or to impair the salubrity, they shall make a report of the same in writing to the mayor, who shall cause a copy thereof to be served on every person concerned, together with a notice that he is required to discontinue all works or operations noxious to the public salubrity, within the term that lie shall limit in the order given by him for that purpose. And, at tl\e expiration of such term, every person who shall not have complied with the said injunction of the mayor, shall pay a fine hereinafter named, and moreover a fine of fifty dollars for every month that lie shall refuse or neglect to comply with the same. structure of pri- No. 543. (12.) Evcry privy shall be at least three feet deep, TIGS ^\,(* ' ' built of bricks laid in cement from at least one foot below the surftice and raised at least one foot above the surface of the ground, and shall be so situated as not to have an issue on the street or public way, and said privy shall not be placed within three feet of any public street or highway. See Civil Code, Art. 691. Privies. No. 544. (13.) Whenever any vault of a privy or hole, is filled up to within one foot of the level of the soil, or surface of the ground, with foetid or offensive matter, or whenever the street commissioner shall consider any privy in a situation injurious to the public health, the owner, tenant, or occupant OPFENSES AND NUISANCB8. 179 of the house, building, or lot, on which said privy may be found, phall cause the same to be emptied during the night, between the hours of 11 ^ o'clock, P. M., and 4 o'clock, A. M., and the feculent matter contained therein to be carried to the nuisance wharf, and thrown into the river. No. 545. (14.) It shall not be lawful to convey through Conveyance oi \ , ,. /. T • \ t feculent matter, any street or other public way of the city, or any suburb, any closestool, tub, or other vessel, containing feculent matter, except during the night, between the hours of 11 P. M., and 4 A. M., and then only in a manner least offensive to public decency, and least injurious to public health ; and permission must be previously obtained from the mayor or street com- missioner. No. 546. (15.) No proprietor, owner, or driver of a dray. Drivers, etc., of cab, hack, or other vehicle whatever, shall use violence, or ^® ^^^^' insulting language, or shall oppose an unlawful resistance to any of his passengers or employers, or to any citizen. , See No. 911. No. 547. (16.) Any person committing any of the offenses, penalties. or violating any of the provisions herein before named in this Article, shall be fined not less than twenty dollars nor more than one hundred dollars, and in default of payment, shall be imprisoned, not exceeding thirty days. No. 548. (Art. 4.) In every case where minors or slaves Punishment of violate an ordinance, the parents or guardians of the minors, and andTaTes"^'^*'^^ the masters of the slaves and apprentices shall be responsible for the fine ; and when such persons refuse to pay the fine, the minors shall be ^ sent to the house of refuge, and the slaves shall be whipped — provided, no slave shall receive more than twenty- five lashes for any offense named in this ordinance. See No. 750, etc. No. 549. (Art. 5.) In all cases in this ordinance, where an continuation of act or omission is declared unlawful, its continuance, after notice ^5^°!® f^l ^^' from the mayor or street commissioner, shall be deemed an **^^' additional offense, and the offender shall be fined not less than five, nor more than twenty-five dollars for every day he shall continue to violate the provisions of this ordinance. No. 550. (Art. 6.) It shall be the duty of all city ofiicers to Duty of cityoffl. report and denounce, and it is the duty of the city attorney to ^®''®' prosecute persons charged with violations of this ordinance. 180 OFFENSES AND NUISANCES. RcpeaUng clause. No. 551. (Art. 7.) All Ordinances or parts of ordinances conflicting with the foregoing provisions, are hereby repealed. City Ordinance, No. 3121. Approyed Dec. 2, 1856. For oflfensea relative to Auction Sales, see page 6. " " Awnings, Sheds, etc., see page 11. " « Balls, and Public Exhibitions, seepage 16. <• « Basins and Canals, see page 32. « '* Batture, see page 18. " " Bread, Bakery, see page 13. « " Buildings and Builders, see pages 26 and 27. *f «' Burials, and Burying Grounds, see page 35. " " Canals, see page 32. •* " Chimneys, see page 41. <( (' CoSee Houses, see page 44. " " Cotton Presses, see page 84. »« « Factories, etc., see page 89. « " Fences, sec page 90. «* " Fires, and their Prevention, see page 92. '* " Fire Limits, see page 30. «* •< Flatboats, etc., see page 110. " " Forges, Foundries, Fire Engines, see page 118. " *'■ Gun Powder, see page 114. •* " Health, see page 120. * " Hotels, etc., see page 131. " " Lewd Women, see page 127, and Appendix. " " Markets, see page 146. " ." Pounds, see No. 589, etc. " " Powder, see No. 347. " *• Quarantine, see page 120. '• " Quicklime, see No. 617, etc. " *' Racing, and Fast Driving, see No. 90o. " " Revenue, Taxes, Licenses, see No. 719, etc. *' " Slaves, see No. 750, etc, " •* Slave Marts, see No. 774, etc. " " Slaughter Houses, see No. 252, etc. •* " Smoke Houses, see No. 779. " " Stables and Dairies, see No.'.780, etc. " " Streets, etc., etc., see No. 814, etc. *'* " Tanneries, see No. 252. ♦* " Taxes and Licenses, 719, etc. " *• Trees, see No. 890. " ♦* Vehicles, see No. 892, etc. " " Wharfingers, see No. 961, 962. " " Wharves, see No. 964, etc. " " Wooden Buildings, see No. 95, etc. STATE CONSTITUTION. Art. 124. The citizens of the city of New Orleans shall have the right of appointing the several public officers necessary for the administration of the police of the said city, pursuant to the mode of elections which bhall be prescribed by the Legislature ; provided, that the mayor and recorders shall be ineligible to a seat in the general assembly ; and the mayor, recorders, aldermen and assistent aldermen shall be commissioned by the governor as justices of the peace, and the Legislature may vest in them such criminal jurisdiction as may be necessary for the punishment of minor crimes and offenses, and as the police and good order of said city may require. OFFENSES AND NUISANCES. 181 ACTS OF THE LEGISLATURE. Sjec. 19. (22.) The city shall have power to impose and collect fines Fines and impri- for the benefit of the city treasury, against all persons transgressing ^°°™*° * their ordinances and regulations, and to imprison said transgressors in case of non-payment of said fines : Provided, that said fines shall never exceed one hundred dollars for each and every contravention ; provided, paid imprisonment shall never exceed one month. — Acts of 1850, p. 164. See Acts of 1816, page 94, sec. 2. Sec 7. That it shall also be their duty to superintend and enforce Power to enforce all laws of this State, and all laws of the city of New Orleans, for pre- SgS] Jo&*f venting and removing all nuisances whatsoever in or upon the levee of leveee. the city, within their respective districts. — Acts of 1855, p. 485. Sec. 108. That each and every violation of this act, or of any ordi- All Tiolations of nance or resolution of the common council of the city of New Orleans, d?iances°Qf ^the which shall subject the person so violating the same, to a fine or penalty, common council, shall be reported by any ofi&cer of said city, or by any resident of said ties to fine, to be city, to the comptroller of said city ; and said comptroller shall make troller? °*^°°^P' out a bill for said fine or penalty, and shall note the same in a book Said fines, how kept for that purpose ; and shall deliver said bills to the treasurer ; and P'^o<=««. See generally, Acts of 1855. p. 130, 893, 894, 3G8. DECISIONS OP srPRKME COURT. 1. — The council have the power to remove, as nuisances, buildings, which encroach on the line of the street, 1 M. 187 ; and to abate nuisances, such as sheds built upon the levee or public grounds, 4 M. 10 ; and remote private liospitals when they become nuisances, 5 N. S. 409 ; and to cut adrift crafis or otherwise remove them as nuisances, when they remain at a particular portion of the port longer than the time stipulated by ordinances, 8 N. S. 549 ; and to prohibit the sale of oysters except at certain stands, 2 La. 219 ; and to demolish works and buildings in certain cases when they are nuisances, C La. 563 ; N. 8. 293 ; () 11. K. 349. 2. — The power to abate nuisances is a portion of police authority necessarily vested in the corporations ef all populous towns. A reso- lution of the council directing a city officer to abate a particular nuisance, under a general ordinance, is legal and cannot be assimilated to an ordinance inflicting a fine or penalty upon a particular individual. —10 Ann. 227. 3, — The city has the power of enacting ordinances to prevent nui- sances and to provide for the preservation of public decency.-^5 Ann. 747. 4. — The fine, which a municipal corporation is authorized to recover for the violation of its ordinances, is a penalty in the nature of liqni- OFFICES AND OFFICERS. 185 dated damages, and established, as such, in lieu of the damages which a court would be authorized to assess in place thereof. — 4 Ann. 335. 6. — An ordinance directing a particular soap factory to be removed within a certain time, and imposing a fine on the parties in case of nonremoval, is illegal and cannot be enforced. The imposition of fines must be by ordinances of a general character, operation and effect. — 3 Ann. 688. 6. — Any work or establishment which obstructs the free use, which inhabitants and strangers have a right to make, of public places, such as roads and banks of the river, is a nuisance and may be abated by the police authorities of the place.— 4 M. 2 ; 3 La. 666 ; 6 R. R. 349. 7. — An injunction will lie at the suit of any proprietor, in a city, to resrtain the erection of buildings by an individual on public places, 11 M. 620. An injunction will issue to compel the removal of an obstruction in a common way, 7 R. R. 442 ; and the burning of a kiln may be pre- vented by injunction. — 2 Ann. 773. 8. — The municipal authority of the city, has no power to impose a penalty on that which the law of the State has made punishable as an offense. — 7 Ann. 651. 9, — Individuals have the right to sue for the abatement of a nuisance. —10 Ann. 431 ; 2 Ann. 770 ; 11 M. 620. 10. — A cemetery is not necessarily a nuisance; special circumstances are requisite to make it such. — 10 Ann. 431 ; 11 Ann. 244. For other decisions, see "New Orleans," "Revenue," "Streets," " Wharves." OFFICES AND OFFICERS. No. 552. That the street commissioner and all the police instructions of officers of the city be, and they are hereby authorized and required to execute and enforce all orders and instructions that may be issued to them respectively by the board of health through its proper officers, in pursuance of the act of the legislature, approved 15th March 1855. City Ordinance, No. 2295. No. 553. Whereas, by the several officers of the city report- Reprrts of vioU. Til . 1 1 • 1 i **o"3 of ordi- mg persons directly to the assistant attorney to be sued without nances. 24 186 OFFICES AND OFFICERS. any general registry of said suits being kept, much confusion ex- ists and is liable to arise — therefore, Be it Resolved, That it shall be the duty of the commisioner on streets, and other officers of the city, instead of reporting per- sons for violation of the ordinances directly to the assistant attor- ney for suit, to report the same to the comptroller, specifying in said report the name and residence of the party, the oifense, and the witness by whom it is to be proven. That it shall be the duty of the comptroller to copy said report in a book prepared for that purpose, and as soon as this registry has been made, to send a copy of it to the assistant attorney, with instructions for him to take the necessary steps to see the ordi- nance enforced. City Ordinance, No. 2365. To report per son 8 No. 554. It shall be the duty of all the officers of the city, without licences. - ^^ n ■, »^ /. / . . , i and especially oi the omcers of the street commissioner s and po- lice department, to report to the treasurer the names of all persons carrying on any trade or profession without having obtained a license therefor. City Ordinance, No. 2324. Paration of office j^j^q. 555. All officers elected by the common council, whose term of office is not expressly provided for by law, shall hold their respective offices during the pleasure of the council. City Ordinance, No. 2S47. Not to contract jj^o. 556. From and after the passao^e of this ordinance it for or purchase '^ ^ materials. shall not be lawful for any officer of this city, either to contract for the performance of any work, or to purchase material of any description whatever, unless a special resolution of the council be first passed, giving authority for making such purchases or enter- ing into such contract, except in cases of emergency, which shall be reported to the mayor, who, on the report of estimates, etc., from the surveyor, shall authorize such contracts or expenditures to be made. City Ordinance, No. U94. See No. 2.35. Cah and cartiftge No. 557. That all ordinances and resolutions which have been passed by either the late first, second or third municipalities, also the city of Layfayette, allowing public officers or city officers OFPICES AND OPFIOERS. 187 to employ cabs or carriages or any vehicle for the use of the city or otherwise, be and the same are hereby repealed. City Ordinauce,No. 1355. No officers sball insure eto., gee No. 389. For bonds aud sureties to be given, see page 24. Their duty relating to Offenses aiid Nuisances , see No. 659. See "Salaries," No. 74S. *3ee ''Mayorj" -'Comptroller," •'Treasurer," etc. STATE CONSTITUTION. Art. 90. Members of the general assembly, and all officers before they enter upon the duties of their offices, shall take the following oath or affirmation: "I, (A. B ) do solemnly swear (or affirm) ihat I -will support the con- stitution of the United States and of this State, and that 1 will faithfully and impartially discharge and perform aU the duties incumbent on me as , according to the best of my abilities and understanding, agreea- bly to the coustitution and laws of the United States, and of this State ; and I do further solemnly swear ( or affirm ) that since the adoption of the present constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State, nor out of it, with a citi- zen of this State, nor have I sent or accepted a challenge to tight a duel with deadly weapons with a citizen of this State, nor have I acted as second in carrying a challenge, or aided, advised or assisted any person thus offending, so help me God " Art. 92. Every person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given, or offered a bribe, to procure his election or appointment. Art. 93. Laws shall be made to exclude from office, and from tho right of suffrage, those who shall hereafter be convicted of bribery, per- jury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohib- iting under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper practice. Art. 124. The citizens of the city of New Orleans shall have the right of appointing the several public officers necessary for tho administration *The following is a complete list of City Officers : — Mayor and Deputies ; four Recorders and Deputies; four Assistant Recorders; one Treasurer and Deputies; one Comptroller and Deputies; one Street Commissioner and Deputies; one Surveyor and Deputies; a Board of Assessors, and a Board of Supervisors of Assessors; City Attorney; City Assistant Attor- ney ; Wharfingers of 1st and 4th Districts; Wharfinger of 2d and 3d Dis- trict; four Assistant Wharfingers; four Pound Keepers; two Secretaries of Council; Sergeant at Arms; City Porter ; Sexton 4fh District; Police Officers; Commissaries of Markets; Harbor Masters and Master and Wardens of the Port ; School Directors and Teachers ; Commissioners of Houses of Refuge and of the McDonongh estate, and Officers of the vVork House. 188 OFPIOES AND OFFICERS. of the police of the said city, pursuant to the mode of elections which shall be prescribed by the Legislature ; provided, that the mayor and recorders shall be ineligible to a seat in the general assembly ; and the mayor, recorders, aldermen and assistent aldermen shall be commissioned by the go\ernor as justices of the peace, and the Legislature may vest in them such criminal jurisdiction as may be necessary for the punishment of minor crimes and offenses, and as the police and good order of said city may require. Art. 125. The Legislature may provide by law in what case officers shall continue to perform the duties of their offices until their successors shall have been inducted into office. See Constitution, Art. 126. ACTS OF THE LEGISLATURE. Executive power Sec. 6. That the executive power of the city of New Orleans shall «ciy. -^^ vested in one mayor, four recorders, one treasurer, one comptroller, one surveyor, one street commisbioner, a board of assessors, and a board of supervisors of assessments, together with such other subordinate offi- cers for preserving the peace and good order of said city as the said com- mon council may deem necessary. Qualifications of Sec. 7. That the qualifications of the mayor, recorders, aldermen and "iderm "'''and"' assistant aldermen shall be the same as are required for members of the assistant alder- house of representatives in the general assembly of the State, and said officers shall have attained the age of thirty years, and shall have been citizens of the State for ten years, and for five years resident of the city'' of New Orleans, and, with the exception of the recorders, shall be the owners of assessed taxable property to the amount of three thousand dollars in the city of New Orleans. Time and man- 3ec. 8. That the election of mayor, comptroller and street commis- mayor *comptro°i- ^ioner shall take place every two years, on the first Monday of June. Jer, street com- The election of recorders shall take place every two years, and of one corders & alder- class of the aldermen shall take place on the first Monday of June every ™h°' offic s year. The mayor, comptroller and street commissioner shall be elected shall entp.r on by general ticket, the recorders by district ticket, and mayor, comptroller and street commissioner, recorders and aldermen, shall enter upon the duties of their office on the third Monday of June following their election. Recorders' dis- The recorders' districts shall be the same as provided by section second *"°*- of this act. Qualification of Sec. 10. That the qualification of voters for mayor, recorders, al- ^° ^®" dermen and assistant aldermen shall be the same as are prescribed by the constitution of the State for the election of representatives in the general assembly of the State.— Acts of 1856, pp. 137, 138. Oath of office of Sec. 17. That the mayor and all other officers elected or appointed m&yoT and other ^^y virtue of this act shall, before they enter upon the duties of their said offices, respectively take and subscribe the oath prescribed by article ninety of the constitution of the State, and also the further oath that they posess the qualifications prescribed by this act ; which oath shall be taken OFFICES AND OFFICERS. 189 by the mayor before a judge or justice of the peace of New Orleans, and by the other officers respectively before the mayor. Sec. 21. That no member of the common council shall hold any other Members of corn- employment or office under the government of New Orleans while he is a "n"ed"tVom'hoS- member of said council ; and no member of the common council, or any i"K certain offices /v. n 1 . , , , .,.■,. , . and from being officer of the corporation, shall be, directly or indirectly, interested in interested as any work, business or contract, the expense or price or consideration of [y Vn certairi^con- which is paid from the city treasury, or by an assessment levied by an tracts, ordinance or resolution of the common council ; nor be the surety of any person having a contract, work or business with said city, for the performance of which security may be required. Sec. 24. That the common council shall, in the month of July next, Election of trea- and every two years thereafter, elect, viva voce, in joint meeting, a traes- |uorDey"nd^as^ urer, a surveyor, an attorney, and one assistant attorney; said officers sistant attorney, shall enter upon their several offices on the first Monday of August fol- When they shall lowing, and shall hold the same until their successors are qualified, pro - ^° ^^^° °®°®* vided that at the first election the comptroller shall be elected for only one year. The present comptroller, treasurer, street commissioner, surveyor, city attorney and assistant city attorney, shall hold over until the first Monday in July next, or until their successors are qualified. — Acts of 1856, pp. 140, 141. Sec. 32. That in all cases where the mayor, comptroller, treasurer, Officers to sign in or any other officer of the city, is required by this act to sign any account, ^ritiog.'^'^ ^^°^' warrant, order, check, receipt, bond, document, or other paper, said signing shall be made in his own proper hand writing ; and in no case shall said officer use a stamp, or types, or any engraved instrument for that purpose. — Acts 1856, p. 146. Sec. 125. That the common council shall organize the departments, Organization of of comptroller, treasurer, surveyor, street commissioner and city attorney, partmentriby the regulate the number of clerks and other officers to be employed by each common council, department, and fix the salaries of such clerks and officers ; said clerks and officers shall be appointed by said comptroller, treasurer surveyor, street commissioner and city attorney, respectively, by and with the advice and consent of the board of aldermen; but said clerks and officers Officers may be may be discharged by said comptroller, treasurer, surveyor, street comptroUer,^etc. commissioner, or city attorney, respectively, at pleasure ; and in case of the discharge of any clerk or officer by said comptroller, treasurer, surveyor, street commissioner, or city attorney, the fact of said discharge shall be communicated to the board of aldermen at its first meeting thereafter, together with the cause thereof. Sec. 126. That the common council shall fix the compensation of the Compensation of services of every officer of the city or of the State, whose said services 0^^^". how fixed. are, by law, to be paid by the city of New Orleans. Sec. 127. That it shall not be lawful for the common council to Salary or com- increase the salary or compensation of any officer, during the term for Kcm°ed?' *° which said office has been elected ; nor permit the compensation of any 190 OPPICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. salaried officer to be increased by allowing iiim any fees for the per- formance of any duty imposed on him by this act, or by said common council. Powpr of re- Sec. 128. That in addition to the power of removal by -R-ay of im- peachment, the common council shall have power to remove, at any time, from office, any officer of the corporation, elected by said council, by resolution declaratory of its want of confidence in said officer; provided that two-thirds of the members elected to each board of said council shall vote in favor of said resolution. Who Phnll dip- Sec. 129. That if at any time the election of mayor, or of one or of cify ^offlcew'^'^ ^°''® °^ ^^^ aldermen, assistant aldermen, or other public officer of tho when the election city of Ncw Orleans, shall be annulled orsetaside forany cause whatever, is 8et aside, until rY> i n i i «ucces8or8 are the incumbent of the office shall nevertheless continue to fulfil its duties chosen. ^^^^^ ^ successor shall have been duly elected or appointed, and qualified as required by law. Right to office, Sec. 130. That the right of any mayor, recorder, or other officer of how tested. ^^^ ^j^^ ^^ ^^^ Orleans, to fill the office held by him, may be tested at any time, by any citizen, by a writ of quo wairanto, which bhall be tried as summarily as possible, both in the inferior and appelate courts. Bond and Fecu- Sec. 1B2. That the common council of New Orleans shall have power nished'by^offlcers to require bond and security from all persons holding any office of trust or emolument in the city administration, for such sum as it may de^m proper.— Acts of 1856, p. 166. An Act to prevent Aliens from holding office. Section 1. Be it enacted by the Senate and House of Representatives of Who may hold the Slate of Louisiana in General Assembly convened, That no person office. gjjj^n y^Q^^ j^^y office, either civil or military, within the State, unless he be a native or naturalized citizen of the United States. — Acts of 1855, page 36. See Acts of 1855, page 350, and page 326. OFFICIAL PAPER— NEWSPAPERS, ADVERTISE- MENTS AND CITY PRINTING. An Ordinance concerning the official journal, fixing the time for electing and regulating the printing to be done by said official journal. Official journal No. 558. (1.) Be it ordained, That the common council anaua y ^^ ^^^ ^^^^ ^^ ^^^ Orleans shall annually, in joint session, by viva voce vote, in the month of July, elect an official journal, which journal shall be a newspaper published at least six times a week in the city of New Orleans. OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. 191 No. 559. (2.) In said official journal shall be published all ordi- what published, . . Ill Ml compensatioD, nances and resolutions passed by the common council, the pro- etc. ceedings of each board, except secret proceedings, all printing emanating from the mayor, comptroller, treasurer, street com- missioner, recorders, surveyor, committees of the common coun- cil, notices to delinquent tax payers made by the clerks of the district courts, justices of the peace and recorders, notices of election by the sheriff of the parish of Orleans, or by the mayor of the city, or from all and every other officer of the city, print- ing for the board of commissioners for whose bills the city is liable, and all petitions addressed to either boards by parties praying for the opening or widening of streets, making new banquettes, paving, etc., as required by sections 119, 120, and 121 of the city charter; also, all notices or publications emana- nating from the board of assessors and supervisors, and all other publications or notices that may be required by the common council, or which by law are required to be made in the official journal of the city, except the board of public schools, who are authorized as far as it is in the power of the common council to authorize them, to contract or bargain for their own printing; it shall include all printing of whatever kind that is to be done in one or more newspapers, and payment thereof shall be a finality and settlement in full of all bills for all the printing done for the year for which said journal is chosen, except the printing of forms and blanks, which is made the subject of another contract. And for the publishing of all of the above, the said journal shall be entitled to twenty cents per square of ten lines nonpareil type. No. 560. (3.) The newspaper chosen as the official journal NoHce of accept, shall be bound, if it accepts the appointment, to give due notice °°*^** thereof to the mayor within two days after notification of the same. (4.) All officers and boards of commissioners having matter to be printed under the class mentioned in section second of this ordinance, are directed to hand the same into the office of the comptroller, there to be comptrolled and registered; and it is hereby mad<^ the duty of said comptroller to register, approve and take account of the same under such rules and regulations as may from time to time be imposed by the common council or committees on finance. And the city is hereby declared not to .be liable for any bills for newspaper printing, unless they are so comptrolled and registered, except such as emanate from the sec- retaries of boards of aldermen and assistent aldermen^ 192 OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. Bond & security. No. 561. (5.) The official journal elected under the first sec- tion of tliis ordinance shall furnish bond and security in the sum of five thousand doJlars for the faithful performance of its con- tract, and all payments for printing done by the official journal shall be made monthly. Proceedings of No. 562. (6.) That it shall be the duty of the printer to the council when , ^ -^ , *' ^ published. publish the proceedings of the common council within forty-eight hours after said proceedings shall have been delivered to him by the secretaries of each board. City Ordinance, No. 2866. ApproTed July 10th, 1856. Advertisements. No. 563. From and after the passage of this resolution, the city of New Orleans will not pay for advertisements published in any other newspaper than the official journal, except such as the law requires should appear in more than one paper. City Ordinance, No. 1220. What to be pub- No. 564. The proceedings of each board shall consist of a lished as proceed- , . ^ , , ings of council, list 01 the members present, account of the contents of the com- munications of the city officers, an abstract of all reports of com- mittees, and a condensed statement of the substance of petitions presented — except when such are ordered to be published at length — resolutions and ordinances offered and adopted, and the ayes and nays thereon, with the names of the members voting for or against, when the same shall contemplate any , specific improvement or work, or the sale, disposition or appropriation of public property or the expenditure of public moneys or incomes therefrom, or lay any tax or assessment; provided, that when any report, petition or communication be made in duplicate to the board of aldermen and assistant aldermen, and the substance of the same be made public in the proceedings of the board first taking cognizance of the same, it shall not be published in the proceedings of the other, except by special order, but be referred to as published in the proceedings of — board of — date. City Ordinance, No. 4474, Section 3. Election & legal No. 565. From and after the passage of this ordinance it shall be the duty of the sheriff to advertise all election or other notices in the official journal only, and that this ordinance shall also apply to all the city officers, and shall comprehend all kinds of advertising for which the city may be held liable. City Ordinance, No. 2221. Blanks, job print. No. 566. (1.) From and after the passage of this ordi- nance, it shall be the duty of the comptroller of the city, on the notices. ing, etc. OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. 193 4tli Monday of April of each year, to adjudicate at public auction and to the lowest bidder, the contracts for furnishing printed forms and blanks, and for job printing required by the various departments and officers of the city government, after giving notice of such adjudication in the official journal of the common council during five days previous thereto ; and that the said con- tracts shall be divided as hereinafter provided. No. 567. (2.) That the first contract shall be for the print- Nature of con- ing and furnishing of all forms, blanks and other job printing which may be required by each of the recorders of the city, in the discharge of the duties of his office ; that the second con- tract shall be for the printing and furnishing of all forms, blanks and other job printing which may be required by the treasurer, comptroller, surveyor and street commissioner in the discharge of the duties of their offices; and that the third contract shall be for the printing and furnishing of all forms, blanks and job print- ing which may be required by the mayor, the several boards of school directors, and by any and all other officers and employees of the city government in the discharge of the duties of their offices, unless otherwise specially provided for. No. 568. (3.) That it shall be the duty of the comptroller Comptroller's to obtain from each of the aforesaid officers, boards and em- ^ ^' ployees, as far as practicable, correct copies of all such blanks, forms and other matter to be printed, as may be required in the duties of their several offices ; and that said copies shall be ex- posed in his office for examination and inspection by all persons who may desire to bid for said contracts, during the time of the publication of said notice. No. 569. (4.) That separate bids shall be made for each of Thobida said contracts; and that the bids shall be for the price per ream at which each and every size of the blanks, forms, and other printed matter Required in said contracts, will be furnished and printed by the party bidding; and that the party to whom any one of said contracts may be adjudicated shall forthwith furnish good and sufficient surety, to be approved by the finance com- mittees of the common council, in the sum of $2,000, for the faithful performance of the contract. No. 570. (5.) That immediately after the final passage and Printing for 1868. publication of this ordinance, the comptroller shall proceed to 25 194 OmCIAL PAPER, ETC. sell, after advertising, during five days, the contracts for the printing, etc., as hereinbefore provided, for the year, to end on the 4th Monday of April, 1863. Duty of certain No. 571. (6.) It shall be the duty of the four recorders and the four superintendents of the public schools, to confer with the comptroller previous to ordering the blanks, etc., so that there shall be uniformity in said blanks throughout the departments mentioned in this article. City Ordinance, No. 19. Approved, 8th May, 1852. Newspapers. No. 572. (1.) One copy of each newspaper, published in the city of New Orleans, shall be furnished to the mayor's office, board of aldermen and board of assistant aldermen, and that it shall be the duty of the secretaries of said offices to keep said newspapers regularly on file as part of the public archives of the city. Newspapers. No. 573. (2.) The official journal only shall be furnished to each officer in the city hall; all said papers to be chargeable to the city ; and that all ordinancas or resolutions, regulating the number of papers which shall be supplied to the various offices, be and the same are hereby repealed. City Ordinance, No. 2267. Prencii and En- No. 574. That all noticcs and advertisements of ev6ry kind, ghsh notices. required to be published in French and English, emanating from either department of the city government, shall be furnished by said department in manuscript in French as well as in English, to the official journal, or such paper as they be published in. City Ordinance, No. 806. Approved, 18th April, 1863. For keeping of papers as archives, see No. 2. Selling obscene and libellous papers, see No. 534. For paving petitions, see No. 193. STATE CONSTITUTION. Art. 106. The press shall be free. Every citizen may freely speak, write and publish his sentiments on all subjects ; being responsible for an abuse of this liberty. See act 1855, page 47, section 19. OEDINANOES. 195 ORDINANCES. No. 575. (1.) That Henry J. Leovy, Esq., be and lie is Appointment of hereby authorized and empowered to print and publish in book ' form, the general ordinances of the city of New Orleans, after his jprojet of the same shall be submitted to and adopted by the finance committees of the common council. That the work shall be alphabetically arranged with marginal and reference notes and a full index, together with the decisions of the supreme court and existing statutes pertaining to the city government. No. 576. (2.) That where he shall discover conflicting ordi- To frame ordi- nances on the same subject-matter, he shall frame uniform ordinances and submit them to the finance committees for the action of the common council. No. 577. (3.) That for the said service the city shall pay the compensation for said H. J. Leovy, the sum of five hundred dollars. J^^^jjs ordi- No. 578. (4.) That the city shall not be responsible for copies to be printing, binding, or for any other expenses connected with the c?ty!^ ^ publication of the said work beyond the sum aforesaid, but the city binds itself to take for its own use, three hundred copies of the said work at five dollars a copy, when the same shall have been fully completed, printed and bound in the manner aforesaid, and on delivery to the comptroller. Amended. See No. 579. (5.) That the printing and binding of said general ordinances Printing, etc. shall be done in accordance with specimens of said work to be furnished by the committees on finance of the common council. City Ordinance, No. 2950. Approved August 2d, 1856. No. 579. Resolved, That section 4th of ordinance No. 2950, Amending No relative to revising and publishing the ordinances, be amended so ^'^^' as to read as follows : That the city shall not be responsible for printing, binding, or for any other expenses connected with the publication of the said work beyond the sum mentioned in section 3d; but the city binds itself to take for its own use five hundred copies of the said work, at five dollars a copy, when the same shall have been fully com- pleted and bound as required by ordinance No. 2950, and on delivery to the comptroller. City Ordinance, No. 3200. 196 ORDINANCES. Repeal of certain No. 580. That all resolutions of tlie three municipalities of New Orleans^ and of the late city of Lafayette, and of the consoli- dated city of New Orleans, approved prior to the first of January, 1855, appropriating money, are hereby repealed. Provided that nothing herein contained be construed to impair the validity of contracts entered into by the city. City Ordinance, No. 1986. Approved Feb. 7th 1855. The Mayor to Bend copies of ordinance to persons interested, see No. 486. ACTS OF THE LEGISLATURE. Veto power of Sec. 27. That all ordinances and resolutions, after having been mayor. passed by both boards of the comn-on council, shall be transmitted to the mayor for his consideration, who, if he shall approve thereof, shall sign and publish the same , and such ordinances and resolutions shall thereupon have the force of law. But if the said mayor shall disap- prove of any ordinance or resolution transmitted to him as aforesaid, he shall, within five days from the time he received it, return the same to the board in which it originated, with his objections in writing, and if Powerofcommon two thirds of the members elect to each board shall adhere to said ordi- ordioances and nance or resolution, notwithstanding said objections, then, and not wUhS,andiD^^°ob- Otherwise, the said ordinance or resolution shall after publication jections of the thereof, have the force of law; provided, always, that if the said mayor ^ '^' shall not return any ordinance or resolution, transmitted to him as. aforesaid by said common council, within five days after it shall have been received by him, then he shall be deemed to have approved the same and it shall have the same force and effect as if approved and signed by him. — Acts of 1856, p. 142. All violations of Sec. 108. That each and every violation of this act, or of any ordi- d?nances°of ^tb'e nance or resolution of the common council of the city of New Orleans, common council -which shall subject the person so violating the same, to a fine or penalty, ties to fine, to he shall be reported by any officer of said city, or by any resident of said trolle?'^ ^"^ ^^'"^ city, to the comptroller of said city ; and said comptroller shall make Said fines, how out a bill for said fine or penalty, and shall note the same in a book procG^d^d "witli kept for that purpose ; and shall deliver said bills to the treasurer ; and the same shall be charged to said treasurer on the books of the comp- troller, as cash received by said treasurer, to be accounted for by him. Said treasurer shall deliver said bills to the assistant city attorney, and take said attorney's receipt therefor. And the assistant city attorney shall not bring suit for any fine or penalty incurred by any person or persons, as aforesaid, except upon a bill therefor, delivered to him by said treasurer. — Acts of 1856, p. 160. DECISIONS OF THE SUPREME COURT. 1. — By-laws and ordinances of a municipal corporation are not to receive the same strict scrutiny as penal statutes, where they inflict fines as penalties for their contravention. The fines, which a municipal ORDINANCES. 197 corporation is authorized to recover for the violation of its ordinances, is a penalty in the nature of liquidated damages, and established as such in lieu of the damages which a court would be authorized to assess in place thereof.— 4 Ann. 335. 2. — An ordinance imposing a fine ia a penal enactment, and must be general in its operation. It may impose fines on persons carrying on offensive trades in a certain street or suburb, where they^ would be injurious to the public health ; but an ordinance designating one indivi- dual, or one establishment, and subjecting the owners to punishment, is contrary to common right. — 4 Ann. 30. 3. — But a resolution of a common council directing a city officer to abate a particular nuisance under a general ordinance, is legal, and cannot be assimilated to an ordinance inflicting a fine or penalty upon a particular individual. — 10 Ann. 227. 4. — The common council is fully empowered to enact ordinances and adopt measures of police, for preserving the health and promoting the comfort, convenience and general welfare of the inhabitants. — 10 Ann. 227. 6. — The council elected for 1851, was incompetent to impose a tax for a past year. The statute of 18th March, 1850. designed that the taxing power of the council should be exercised prospectively. A by-law of a corporation, which is contrary to a law of the State, is void ; where the law enables a corporation to make by-laws in certain cases and for certain purposes, its power of legislation is limited to the cases and objects specified, all others being excluded by implication. — 9 Ann. 44. 6. — The ordinance of 19th March, 1834, which makes it unlawful " to build any stable, etc.," in the interior of the city, or any of the incorporated suburbs, cannot be construed to apply to such additions to the limits of the city as subsequent legislation might make. — 9 Ann. 223. 7. — It is no objection to the validity of an ordinance containing a prohibition and attaching a penalty to its violation, that it purports by its terms to be a resolution. — 4 Ann. 336. 8.-r-An ordinance of the city directing a sale under the mayor's order, of all property remaining on the levee a longer time than is authorized by the police regulations, is unconstitutional and void ; and so is the statute of 6th March, 1834, authorizing the municipal government to pass such an ordinance. — 4 La. 97; 4 La. 98; 15 La. 129. 9. — Ordinances imposing fines on the owners of animals found astray, are legal exercises of the power vested in the council. — 1 Ann. 385. 10. — Ordinances imposing fines on persons selling groceries in certain market houses, are neither illegal nor unconstitutional. — 4 Ann. 278 and 336. For other decisions see **New Orleans," page 165 ; Ofi'enses and Nuisances, page 184; and ^'Revenue.'* 198 ORPHANS — ^PHYSICIANS — CITY. ORPHANS. Mayor's duty. No. 581. That the mayor be, and he is hereby authorized to cause to be taken care of, at the expense of the city, all such orphan children and foundlings found within the city, as may be in destitute circumstances — at the lowest possible price, until such time as said children can be otherwise provided for. City Ordinance, No. 420. See Houses of Eefuge, page 131. PHYSICIANS— CITY. Common council No. 582. (1.) There shall be appointed by the common appom . council of Ncw Orleans, two physicians, to be called the city physicians, whose duty it shall be to attend to all the prisons, workhouses, houses of refuge, jails of this city; one shall attend in the first and fourth districts, and the other in the second and third districts. Their duties. No. 583. (2.) It shall be the duty of said physicians to visit, at least once every day, all the workhouses, jails, etc., and attend any patient or patients in the prisons, and continue so to do as often as necessary, when called upon in their respective districts. Their duties. No. 584. (3.) In addition to the duties, they shall act as expert physicians to the coroner, each in their respective districts. Their duties. No. 585.. (4.) They shall both visit the public schools once in each week, in order to vaccinate the children, under the direc- tion of the visiting committees of the respective schools. Absence, etc., of No. 586. (5.) In casc of the absence or illness of either physician, the other shall attend to his duties as long as it may be necessary; should it not be possible for one to attend to the duties of both, the health committee may appoint an assistant physician for the time required, whose compensation shall be five dollars par day for the first fifteen days, and two dollars for every subsequent day he is employed, to be paid by the city treasurer, provided the regular physician is ill, or absent with leave of the health committee ; — if not, saidassistant physician must receive his compensation from the physician whose duty he fulfills. Their prescrip- No. 587. (6.) They shall each day register, in a book kept for that purpose in each prison, workhouse, etc., all their either physician. tions. PILOTS. 199 prescriptions, with the name or number of each patient, from which book the orders shall be executed by the nurses or keepers. No. 588. (7.) The medicines shall be ordered and inspected Medicine, by the physicians in their respective districts, who shall approve the bills for the same before payment can be made. No. 589. (8.) The physicians shall have the power to re- Contagious move any prisoners attacked with any contagious disease, to some place selected by themselves, and treated at the expense of the city. No. 560. (9.) The salary of each physician appointed under Their salary, this ordinance shall be twelve hundred dollars per annum, pay- able monthly by the city treasurer. No. 561. (10.) The common council reserves to itself the Right to remove right of dismissing either or both of the physicians at will. City Ordinance, No. 49. Approved 5th June, 1852. No. 562. It shall be the duty of the physician of the police Their duties to jail, to visit the insane confined therein at least once a day, and ^°®*"® ^^^^ when any of their number shall have sufficiently recovered, that he be authorized to issue an order for the discharge of such person. City Ordinance, No. 1368. PICKERIES.— See "Cotton Presses/' No. 245. PILOTS. ACTS OF THE LEGISLATURE. An Act relative to Pilots. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the Govern- puots to be ap- or shall appoint not less than sixty-five nor more than seventy-five branch ^^^ernor!'^ *^^ pilots for the port of New Orleans, not more than six for the Atchafalaya bay and river, and one or more for the Sabine river. No person shall be Qualifications, appointed unless he be a qualified voter, and until he be examined by a board of examiners and recommended by the board, as qualified to be a branch pilot, to the governor. Sec. 2. That two boards of examiners shall be appointed by the Gov- Board of exam- emor every two years, to be composed of three persons each, to be i'lerB. 200 PILOTS. selected from the branch pilots. One of said boards shall be for the port of New Orleans, and the other for the Atchafalaya bay and river. The governor shall have power to fill all vacancies. Bonds to be Sec. 3. That every branch pilot, before he takes upon himself the givea y pi o s. gj^g^.^^^Qjj ^f jjjg (j^ties, shall give bond to the Governor of this State, with two sufficient securities, in the sum of one thousand dollars, to be approved of by the master and wardens in New Orleans, or by the recor- der of mortgages of the parish of St. Mary. Boats to be Sec. 4. That every branch pilot of the port of New Orleans shall be by pilots of the owner or part owner of at least one-decked pilot boat, of not less than leans^* ^^^ ^'^ thirty feet keel, and he shall keep such boat exclusively employed as a pilot boat. Every such branch pilot, not owning or employing a pilot boat as aforesaid, shall be suspended from his ofiice by the master and wardens of the port, and they shall report the case to the governor, who may withdraw the commission or license of such branch pilot, if, in his opinion, circumstances require such removal. Boats to be Sec. 5. That every branch pilot for the Atchafalaya bay and river, for^the Atcbafa- shall be owner or part owner of at least one-decked pilot boat, of not less laya bay and ^^j^g^j^ thirty feet keel, and eight feet beam, and keep her exclusively employed as a pilot boat, at least from the first of October until the first of June in each year. The violation of this section shall subject the offender to fifty dollars fine for each oflFense. Penalty for Sec. 6. That if any person not appointed a branch pilot shall pilot ^o^nted pUots pi- ^^y ^^^V or Other vessel when a branch pilot offers, he shall forfeit and loting vessels. pay to the branch pilot the sum of thirty dollars, or in default thereof be condemned to seven days' imprisonment. Pilots to exhibit Sec. 7. That every person offering to pilot a ship or other vessel their license. ghall, if required, exhibit to the commander of the ship or vessel his license as pilot ; and upon his refusing or neglecting to do so when demanded, he shall not be entitled to any remuneration for any service he may render as pilot. Pees. Sec. 8. That the pilots of the port of New Orleans shall be entitled to ask and receive pilotage at the rate of two dollars and fifty cents for every foot drawn by any ship or vessel piloted by them drawing ten feet water or less, and three dollars and a half per foot for every ship or vessel piloted by them drawing more than ten feet water. Vessels of one hundred and fifty tons and under, from Louisiana, Texas, Alabama and Florida shall come in and go out free. Duty of pilots. Sec. 9. That it shall be the duty of pilots to pilot, when required, all inward bound vessels from outside of what is commonly called the point of the main reef, to the mouth of the Atchafalaya river, and all outward bound vessels from the said river outside of the reef; and the j-ggg^ pilots shall be entitled to demand and receive three dollars and fifty cents per foot, that any vessel may draw, under eight feet : for each foot over eight feet, four dollars ; the part of a foot in like proportion. All vessels refusing a pilot, other than those trading within the State of Louisiana, ghall pay half pilotage, both inward and outward bound, provided they shall be spoken by a branch pilot when inward bound, outside of the PILOTS. 201 reef, and all (^tvrard bound vessels between Berwick's bay and the mouth of the Atchafalaya river. Sec. 10. That any pilot, piloting any vessel safe from sea, shall have Right given to the exclusive right to pilot such vessel to sea again ; provided he gives P^g^'^f JJ p^fot**^ satisfaction to the master on coming in, and be in readiness and offer bis -resseis to sea agaia. services before the vessel gets below Shell Island and the Atchafalaya river. Sec. 11. That whenever any branch pilot shall, when practicable, re- Penalty incurred fuse or neglect to go on board any ship or other vessel, when called by ^l ^nlg?ecaDg'in signal, or otherwise, he shall lose his commission, and be forever incapa- certain cases to go on board ciated from being commissioned as pilot, and shall moreover be liable to vessels. be fined in the sum of five hundred dollars, in default ot the payment whereof, he shall suffer imprisonment for a time not less than three montbs nor more than six months. Sec. 12. That the pilots of the port of New Orleans shall have the Power to appoint power to appoint whomsoever they shall think proper, as their agent, to collect the amount due for pilotage. Sec 13. That the masters and wardens of the port of New Orleans, Power of the •ii ..1 . /. , ^ /. , « , II 1 Mnster and War- with the consent of the Governor of the State, may make such rules and ^ws to establish orders for the better government of the pilots as they shall deem proper, '^"^^^• and the same Irom time to time revoke or amend; and impose fines for contravention of such rules and regulations. The fines thus imposed shall in no c tse exceed the sum of one hundred dollars. Sec. 14. That no license shall be granted to any person to keep a Reommendaticn 1 , .,,. ■, , . . » , ,• by bvancli pilots tavern, grog shop, billiard house, or any other house of public enter- i^ certain cases. taiument at the Balize, the Southwest Pass, or any other station for pilots, nor within three miles from such station, unless the person apply- ing for such license shall be recommended in writing by a mfijority of the branch pilots. Any person keeping any public house as aforesiiid, at PenaUy for keep- any of the places aforementioned, without a license, shall pay a fine of wUhout license, fitty dollars for each and every week such house shall be kept, and more- over be obliged to shut up or remove such public house. Nothing in this section shall be so construed as to exonerate persons Proviso, keeping public houses without license, from the fines or other penalties decreed by the parish regulations. Sec. 15. That whenever any person shall take, or cause to be taken Disposition to be up, any anchor or cable, in the river Mississippi, he shall bring or send anchor oi cable the same to the port of New Orleans, where the same shall be deposited jjfgg^ggppi/'^ *^^ at such place as the master and wardens of the port shall determine ; and if claimed within three months by the owner thereof or their agents, the said anchor or cable shall be restored to them on their proving property and paying to the person so taking up and bringing the same to the port of New Orleans, such salvage as shall be determined by the master and wardens of the port. In case such anchor or cable shall not be claimed, within the said space of three months, the same shall become the property of the person by whom it may have been taken up. Any person so neglect- ing or refusing to comply with the provisions of this section, shall forfeit and pay for every such offense the sum of fifty dollars. 26 202 POLICE DEPARTMENT. Leave of absence. Sec. 16. That no branch pilot shall be alloTred to letve his station for more than three consecutive days, unless he shall have obtained a written permission from the board of examiners, under a penalty of fifty dollars. Permission shall in no case be granted to more than two branch pilots to leave their station at the same time. Fines and for- Sec. 17. That all fines, forfeitures or penalties shall be sued for recoverable nnd and recovered in the nnme of the master and wardens of the port, for how disposed of. j.|^g ^gg ^^^ benefit of the charity hospital of New Orleans. Keward to be Sec. 18. That the master or owners of any ship or vessel appearing certain cases."^ '^^ distress, and in want of a pilot on the coast, shall pay un^o such branch or deputy pilot, who shall have exerted .himself for the preser- vation of such ship or vessel, such sum for extra services as the said master or owner and pilot can agree upon. In case no such agreement can be made, the master and wardens, or any three of them, shall determine what is a reasonable reward, which the pilot shall be entitled to collect. Half rilotape to Sec. 19. That if the master of any ship or vessel coming to the cases. " ^ poi"t of New Orleans, shall refuse to receive on board and employ a pilot, the master or owner of such ship or vessel shall pny to such pilot who shall have ofifered to go on board and take charge of the vessel, half pilotage, renaltv for car- Sec. 20. That if any vessel, going out, shall carry off to sea, g^tl!'^ ' through the default of the masttn- or owner of such vessel, any pilot, when a boat is attending to receive him, the master and owner of such vessel shall pay, besides the pilotage, the same monthly wages until he shall return to the port of New Orleans as are allowed to the mate Proviso. of such vessel; provided the pilot shall have performed the duties required of him by law. Fi n e for di sell arc. iskc. 21. That discharging ballast in the bay, shall subject the itig balliit^liu the „ i i ^ /. r- i "^i j j n lj,,y master or owner oi such vessel to a fine oi one hunarecl aollars. Cert;iiij iiiwi^ re- {iJec. 22. That all laws contrary to the provisions of this act, and ^^"^ " ' all laws on the same subject-matter except what is contained in the Civil Code and Code of Practice, be repealed. — Acts of 1851, p. 372. See act ot 1855, p. 47tj, section 21. POLICE DEPARTMENT. POi'c f^l a' I con* sIjl of. No. 563. (1.) That from and after the 1st day of May, 1855, the department of police of the city of New Orleans shall consist of and be organized as follows : One captain of the city police. Four lieutenants of the city police. Ten ' ruoants of the city police. Tw„ . ,dred and fifty policemen. AtDeudeU, i^.G . u. 6Ti . POLIC]^ DEPARTMENT, 203 No. 564. (2.) Should the board of police, acting under the Captain or chief, authority vested in it by the act of the legislature of 1853, creating said board, deem, in its judgment, such office as '^chief of police" necessary, then, in such case, the office of captain of the city police, contemplated in the above articles - i all be merged into and constitute the same office as chief of police. No. 565. (3.) No person shall be elegible to, or fill the Who phaii been, station of chief of police, captain of the city police, lieutenant, men. sergeant or policeman of the city of New Orleans, unless he can read and write, understand, and speak fluently the English language; and, moreover, produce a certificate of recommendation to the mayor, from at least three well known freeholders and respectable citizens of New Orleans to the following efifect, viz : That said applicant has resided at least two years, consecutively, in the city of New Orleans; that he is a citizen by birth, or legally naturalized ; that he is a person of good moral character, honest, sober and industrious, and a fit and proper person to fill sush a trust; and su3h offiaars as may be located below Canal street, shall speak the English and French languages. No. 568. (4.) The officers and policemen of the city police, To give bond, before being sworn and entering upon their duties, shall give bond and security to the satisfaction of the mayor, as follows : The captain or chief of police, in the sum of ten thousand dol- lars each. The lieutenants of the city police, in the sum of five thousand dollars each. The sergeants of the city police, in the sum of two thousand five hundred dollars each. The poliijemen of the city police, in the sum of one thousand dollars each. Said bonds to be conditioned for the faithful performance of the several duties devolving upon them, and to hold the city harmless for any act, omision or commission, of said officers and policemen in the exercise of their duties. No. 567. ^ (5.) That it shall be, and is hereby made, the who shall he duty of the mayor to select as security and bondsmen of such ^^^''^^' officers and policemen, any one from the freeholders who shall have signed the certificate and recommendation of the several parties mentioned in article three of this ordinance, as he may, in his discretion and judgment, consider the best and most solvent. No. 568. (6.) The distribution, management and control The mayor to bo of the department of police of this city and its operations shall *^^ ° ^° ^'^^' rules. 204 POLICE DEPARTMENT. be, and are hereby, placed entirely in tbe hands of the mayor of the city of Now Orleans. Mayor to make No. 569. (7.) That for the better orginization, direction and conduct of said police department, the mayor is hereby authorized to make such regulations as he may consider just and proper — which regulations shall be submitted to, and approved by, the police committee of both boards. Salaries of police. No. 570. (8.) That from and after th« first day of May, 1855, the salaries of the police department be, and the same are hereby fixed at the sum of, for the captain or chief of the police, two thousand dollars; the lieutenants at one thousand dollars per annum ; the salaries of the sergeants and day policemen shall be seven hundred dollars per annum -, the salaries of the policemen fifty dollars per month. Uniform. No. 571. (9.) That immediately after the organization of the policemen, it shall be the duty of the mayer of the city of New Orleans to cause to be uniformed in such dress as may be deemed proper, the police of the city, in order to designate said police in the various duties that may be incumbent upon them in said service. Repeaiiogcivuse. No. 572. (10.) All Ordinances, or parts of ordinances, heretofore passed and in force, organizing the department of police in the city of New Orleans, be, and the same are hereby repealed. City Ordinance, No, 2100. Approved April 5th, 1855. Increase of police No. 573. The poHcc forcc of the may^rsliall be increased fifty men. All ordinances or resolutions contrary to the foregoing be, and the same are hereby repealed. City Ordinance, No. 3089. Rules and regu- No. 57'i That the rulcs and regulations for the government of the police department, as suo^gested by his honor the mayor, be adopted, and that the mayor be authorized to have one thousand copies printed in pamphlet form for the use of the department. City Ordinance, No. 119. Securities to be No. 575. Hereafter, no person elected to any office by the board of police, shall enter on the discharge of the duties of said office, nor be entitled to any compensation for any services until his securities shall be duly accepted, and he be commissioned according to law. City Ordinance, Nc. 2343. accepted. POLICE DEPARTMENT. 205 No. 576. The commissaries of the several markets of the city Chiefs duty as to shall be under the special instructions of the chief of police^ relative to their several duties in enforcing the ordinances now in existence concerning said markets. City Ordinance, No. 1^6. No. 577. That the chief of police be, and he is hereby, Chiefs clerk, authorized to appoint a police officer to act as clerk of the chief of police with a salary of nine hundred ($900) dollars per year. Ordloance No. 70. No. 578. That the first part of ordinance No. 1674, approved iiis assistant July 5th, 1854, as allows "the chief of police to employ two '^^"''' additional clerks at a salary each of sixty dollars per month,'' be so amended as to read, ''be allowed to employ one additional clerk, at a salary of sixty dollars per month.'' City Ordinance, No. 2366. No. 579. That the captains of police of the several districts Support of be, and are hereby, allowed, for the maintenance and support of ^^ ^*^"®"" prisoners in their charge, the sum of ten cents per day . for each and every prisoner. The vouchers for same to be presented monthly, after having been approved by the chief of police. City Ordiuauce, No. 450. No. 580. That it shall be the duty of the captains of the Offl-ers to report police of each district, to report to the council monthly, the """^ ^' '*^'^* number of persons arrested or reported, for breaches of the city ordinances, which are punishable with fines — the amount of fines adjudged — by whom collected, and if not collected, the reasons why. City Ordinance, No. 451. No. 581. That the captains of police of the several districts offlccrato report be, and they are hereby required to furnish to the council, °*'"^^^y- through the joint committee on finance on the first day of every month, a list, containing the names of the prisoners respectively under their charge, and the several amounts received as jail fees from each person up to said date, and that no account from such officer shall hereafter be approved or received, unless accompanied with such list. City Ordinance, No. 1013. No. 582. All furniture, fixtures, stationery, etc., bought by Purchases for the police department of the city, or by the recorders or their men?. ^^^^^^' 206 POLIGE DEPARTMENT. clerks, shall be bought by order and under the supervision of the police committees of the common council. . City Ordinance, No. 554. Rural portion of No. 583. That thc chief of police be, and is hereby instructed third district. i ., i ^ i i ■ to detail one member of the police force of the third district as a syndic for the rural portion of said district. City Ordinance, No. 205. See No. 799. Miineburg police- No. 584. That the recorder of the third district be and he men. is hereby authorized ^ to appoint a special policeman, to be stationed at Miineburg, at the lake end of the Pontchartrain railroad, under the rules and regulations of the police depart- ment of the city. City Ordinance, No. 1648. See No. 799 Police for horse No. 585. That the chief of police be, and is hereby, instruc- market. . . • ted to detail one or more policemen to attend all sales of cattle, horses, or vehicles, by auction, at the horse market, on Common and Circus streets, to prevent the use of the public highway for the exposure of vehicles, or trying of horses, mules, or other cattle, or in any manner occupying or obstructing the public highways and grounds in the vicinity. That a fine of five dollars be imposed for each and every offense against the above resolution, and to be recovered before any competent court of jurisdiction. City Ordiiance, No. 613. Duty of Police relative to Places of Amusement, Fee page 15. " Awiiingfl, etc„ see page 11. " Bakeries and Bread, see No. 41. " Boarl of Health, see page 120. •* Buildings, see No. 89. " Cemeteries, Interments, Sextons, see No. 142. " Coffee Houses, see page 44. " j:iection8, No. 250, and Apendix. " Evening Gun, see No. 251. " Fire, see Nos. 319, 320, etc., " lire Department, Police Powers, see Nos. 277, and 309 " Lewd Women, see No. 405, and Apendix. " Markets, Commisparies, etc., see Nob. 435, 449. " Slaughter Houses, see No. 268. « Slaves, see No. 762, 772, etc See "Vehicles," '-'Offenses" etc. POKT OF NEW ORLEANS.— See Master and War- DENS OF, etc., page 157. POUNDS. 207 PORTERS. No. 586. That the resohitions of the late second municipality, RcpeaiinR cer- approved October 3, 1837, amended 19th of February, 1839, '"^'^ <'rdi'^«°««»- and amended again on the 9th of May, 1848, creating porters to attend at the city hall, be and the same are hereby repealed, and that said offices be abolished after the passage of this resolution. City Ordinance No. 1023. No. 587. That the salary allowed to the porter of the city salary of port«r hall be fixed at seventy-five dollars per month, being the same " ^ * ' amount that was allowed the late porter, under an ordinance of the late second municipality, and shall be payable in the same manner, and in full compensation for his services. City Ordinance No. 1366. No. 588. (1.) It shall be the duty of the porter of the city Duty of porter of hall to have all the offices of the public officers properly cleaned "*^ " * and prepared for their occupancy by 9 o'clock on every day, with fires lighted and supplies of coal provided in said offices, whenever the same may be necessary. It shall be his duty to be in attendance ot the hall during office hours, or as long as any of the city officers may be engaged in their offices, or as long as any committees of either board of the common council shall be in session. (2.) That the porter and assistant porter of the city hall be and they are hereby, placed under the direction of the city comptroller, who shall have full power to discharge said officers for non-attendance to the several duties imposed on them by the common council. City Ordinance No. 209D. POUNDS. No. 589. (1.) From and after the passage of this ordinance, Animals mn. it shall not be lawful for any person or persons to permit any ''^ a » ge. horse, mule, ox, cow or other large horned animal, or sheep, goat, calf or other animal, to run at large in any of the streets of the city at any time, within the following limits, to wit: Between the river and Carondelet street, in the fourth district 5 Galvez street in the first and second districts ; and Claiborne to 208 POUNDS. Records of ar- rests. Pound charges. Champs Elysee street j thence along the line of the Mexican Gulf railroad to Independence street, and thence to the river, in the third district ; and it is hereby .made the duty of the street commissioner and his deputies, and the day and night police, and they are hereby directed, to arrest and confine in the pounds of the city, in the district where taken up, all animals which may be found running at large. The street commissioner shall cause to be kept at each of the city pounds, a correct record of the admissions and date of arrest, as well as an accurate description of all animals taken up, so that they may be identified by their brands, signs, marks or other peculiarities. Amended. See No. 597. No. 590. (2.) Each and every animal taken to the public pounds, shall be charged as follows, viz : Horses, mu^es, oxen, cows or other large horned animals, one dollar each; every sheep, goat, calf or other animal, fifty cents, and the owner or owners of the animals shall pay for the expense of keeping and feeding the same, for each twenty-four hours during which they may remain in said pounds ; for each animal of the first class forty •cents, and for each animal of the second class fifteen cents. And should the aniuial or animals so impounded be not claimed by their rightful owners, or should the title to such ownership be not made out to the satisfaction of the street commissioner, or should the expense of arrest and charge for keeping and feeding as imposed by this ordinance, be not paid by the owner or owners, and such animal or animals be suffered by their owners to remain in the pounds for a longer time than forty-eight hours, then it shall be the duty of the street commissioner to advertise such animal or animals for sale, three times in the English and French languages, during ten days, in the official journal of the city, specifying the marks, brands or other signs by which they may be identified, the true cost of such advertisements to be paid by the owner or owners of such animals ; and should such owner or owners fail — after the expiration of such advertisement — to come forward and claim their property, or refuse to pay the sums due for the charges and expenses of feeding and keeping such animal or animals, then the street commissioner shall sell the same at public auction at the pound, to the highest bidder for cash, and shall pay over the amount into the city treasury for the use of the city. Amended. S«e No. 598. POUNDS. 20S No. 691. (3.) The street commissioner and his deputies, and Tioffsrunnins at the day and night police be, and they are hereby, authorized and '''^*^' directed to take up all hogs running at large in any ol the streets of the city, and impound the same ; and, if the same are not claimed by their owner or owners within three days thereafter, then they shall be sent to the work-house of the city, for the use of the city, or the said street commissioner shall cause the same to be slaughtered and sold as the case may require, and pay over the amount of such sales into the treasury for the use of the city. No. 692. (4.) Any person or persons, not authorized so to Taking nnimnis do by the street commissioner, who shall remove or take away from any of the city pounds any animal taken up under this ordinance, shall be subjected to a fine of not less than ten or more than twenty dollars for each ami every such offense, recoverable before any court of competent jurisdiction in the district where such offense shall have been committed. No. 693. (6.) From and after the passage of this ordinance, cart?. etc, left ia it shall not be lawful for the owner or owners of any cart, dray, ^^'" ^^'^''*'^' '^^' wagon, carriage or other vehicle to suffer the same to remain ia any of the streets or public ways of the city, during the day or night, unless the same shall be in actual use at the time, under a penalty of three dollars ; and any such cart, dray, carriage or other vehicle shall be taken by the street commissioner or his deputies, by the day or night police, to the city pound of the district where so found in contravention, and be there kept for three days ; and should the owner or owners of the same not claim and pay the fines on the same within three days after the same have been impounded, then it shall be the duty of the street commissioner to advertise and sell the same as provided for in the case of strays, in the third section of this ordinance, or he shall report the same to the assistant attorney of the city. Amended. See No. TGS. §iee "Vt'LicJes.'' No. 594. (6.) From and after the passage of this ordinance, obsfructing it shall not be lawful for any person or persons U) encumber or ilj^^yds, etc.*' ° ' obstruct any of the street??, public roads, public grounds, public squares or promenades, sidewalks or gutters of the city, by de- positing in or on the same Jmy box, bale, hogshead, barrel, or any goods, wares or merchandise, or any article or object what- soever, except for the necessary time for loading and unloading 27 210 POUNDS. the same, in order that at all times a free, commodious and convenient passage may be left to pedestrians, and to carts, drays or other vehicles, and to the flow of water in the gutters ; and should any owner or owners, or any person or persons having charge of the same, or any of them — after being notified by the street commissioner or any of his deputies to remove such obstructions — fail to do so immediately, he or they shall be liable to pay a fine of not less than five or more than one hundred dollars, recoverable before any court of competent jurisdiction. gee "Streets." now aroods aro No. 595. And it shall be the duty of the street commissioner dispos.4 of. - . , . ,,.,.. , , or his deputies, under his directions, to remove and store the same in some safe and convenient place, with some responsible , person, or, as the case may require, ' remove the same to the public pound of the district where so found in contravention, and if the same shall not be claimed by the owner or owners thereof within three days thereafter, then it shall be the duty of, and the said street commissioner is hereby directed to advertize and sell the same, as provided for in the cases of strays and drays, etc., in this ordinance ; provided always, that the provisions of this section shall not be applicable to the case of building or repairing any house or other edifice, as regulated by existing ordinances. Se« p. 26 ond p. 27. Ii3p5aiicgc'aurc. No. 596. (7.) That all ordinances and resolutions of the municipalities, or of the late city of Lafayette, conflicting with the provisions of this ordinance, be, and the same are hereby repealed. City Ordinance, No. 751. Approved April 6tb, 1863. Extmdin^pcTxni No. 597. That ordinance No. 751, approved April 6th, 1853, ^^°* '*■ be amended so as to extend the pound limits, and include within said pound limits all that portion of the city above Independence street to the upper line, and between the river and the outermost draining canals, and St. David and Claiborne streets, in, the por- tion of the third district below the lower end of the draining canal. City Ordinance, No. 1755. roan'.fo;s. No. 598. From and after the promulgation of this resolution, the pound fees chargeable on aiiy or all animals, of whatsoever description, arrested or impounded as strays, shall be one dollar each and the costs of feeding, as is now provided for by ordinanco POUNDS. • 211 No. 751, approved 6th April, 1853; and the pound fees charge- able on any dray, cart, wagon, carriage or other vehicle, whether arrested or impounded as incumbrances, or in contravention of any existing ordinance, shall be one dollar, in addition to whatever fine, if any, that may have been imposed for the contravention, by a competent court, said fine of one dollar being inclusive of the expense of hauling or transportation to the pounds. City Ordinance, No. 1870. No. 599. That the pound keepers of the several city pounds Duty of pound be hereby instructed and commanded to refuse to receive any iioyr"*^ ° stray animals brought by boys under eighteen years of age. City Ordinance, No. 19C9. No. (300. (1) That the street commissioner be, and he is hereby Pounds jnFecond authorized to establish two additional pounds in this city, one in disinc'tL the second district and one in the fourth district, at such places as he may deem fit and proper ; provided, that the monthly rent for each, including the cost for the fences and fixtures, shall not exceed twenty dollars, and that the said two pounds, when so established, and the two now existing in the fir|t and third districts shall be the only legal pounds of the city to be used for the safe keeping of stray animals. No. 601. (2.) That the street commissioner be, and he is street commis. hereby authorized to appoint, with the consent of the board of point' four pcmS aldermen, four pound keepers, ueing one for each district, whose ^"^"^* duty it shall be safely to keep within the said pounds, all stray animals which may be'delivered to them, in conformity with law, and such regulations as may hereafter be prescribed by the common council or by the street commissioner, with the advice and consent of the police committee of the council; and the compensation of said pound keepers shall be forty five dollars per month each, and also the profit, if any, that may acrue from the keeping and feed- ing stray animals, at the rates provided for by the city ordinance, approved April 6th, 1853 : Provided, that either of said pound keepers may be removed from office at any time for cause. No. 602. (3) That all officers whose duty is to arrest stray animals, Dnty of certain shall conduct and deliver to the pound keepers, created by this ° *^"^* ordinance, all the stray animals they shall find upon the streets and other public places, and the said animals shall not be released or discharged therefrom, except according to the provision of existing ordinances; -and each officer or other persons for so arres- ting, conducting and delivering, shall be entitled to receive, after 21: Third di-trict pound:*. Second district pouud:}. Repenl of oM ordinaucoa. PUBLIC SCHOOLS. it sha'l have been collected, the half of the fines, the other half to be paid in the city treasury. City Ordiuanco, ^o. 15-20. Approved May 29th, 1854. No. 603. That the street commissioner be, and he is hereby, authorized to rent a lot for a public pound, in the third district, and room for deputy's office, under the direction and subperin- tendance of the police committee, provided the expense does not exceed eighteen do'lc^rs per month. City Ordinancf, No. Gol, No. 60 A. That the street commissioner be, and he is hereby, authorized to ront a lot for a public pound from W. C Micou. Said lot situated on Dryades strest, provided the expanse does not exceed twenty dollars pjr month. City Ordinance, No. 4C5. No. 605. From and after the passage of this resolution the office of pound keepers and pounds now existing under ordinances of the late municipal council be, and the same are hereby, abolished, and all ordinances or parts of ordinances conflicting with the foregoing be, and the same are hereby repealed. City Ordinance, No. 746. DECISIONS OF SUPREME COUIIT. The ordinances of (he third municipality, of 19ih May, 1846, imposing a fine on the owner of any animal found astray, is a legal exercise of the power vested in the council. — 1 Ann. 385. An ordinance of the city directing a sale, under the Mayor's order^. of all property remaining on the levee a longer time than is authorized by the police regulations, is unconstitutional and void ; and so is the act of 6th March, 1834, authorizing the municipal government to pass such an ordinance. — 4 La. 97; 4 La. 98; 15 La. 129. POWDER AND POWDER MAGAZINE.— See PowDEH," etc., page 114. Gux PUBLTC SCHOOLS. Boarts Of direc- tors. No. 606. In obediencD to the 38th section of the act of consolidation, approved by the legislature of the Stat3 on the 23d February, 1852, there shall be elected by the council, at PUBLIC SCHOOLS. 213 their first regular meeting in the month of May, annually, four separate boards of directors of the public schools, to wit; one for each district. The nv.mber in the first district shall be 21. " second '' 12. " third " 12. " fourth " 11. No. 607. The board thus elected shall meet and enter on Board to meet, the discharge of their duties, on the second Monday following their election. In case the council fail to elect on the day above named, the board shall not be dissolved, but hold over until their successors are elected. City Ordinance, No. 12. No. 608. (1.) In accordance with the 38th section of Annmi rppro- . pi'iutious. the old city charter, approved in February, 1852, and with the request of the legislature of the State of Louisiana, contained in "an act relative to public schools in the city of New Orleans," approved March 14th, 1855, there is hereby appropriated for the maintenance of the public schools, and for the; gratuitous education of the children residing in each district of the city, for the term of one year f-om the first day of August, 1856, the sum of two hundred and eight thousand eight hundred and ten dollars,'to be appropriated among the four districts as follows : No. 609. To the first district, which had during the year For first district. ending 31st May, 1856, an actual average attendance of 3,051 resident pupils, adding five per cent, thereon at the rate of ($20) twenty dollars per pupil, and eight thousand dollars ($8,000) for repairs — sixteen hundred dollars for rents, the sum of seventy. three thousand six hundred and sixty dollars, ($73,660.) No. 610. To the second district which had, during the year For second dis- aforesaid, 1824 resident pupils, adding five per cent, thereon, at the rate of twenty dollars ($20) per pupil, and five thousand and seventy-five dollars ($5,075) for repairs — five thousand two hundred and twenty dollars ($5,220) for rent, the sum of forty- eight thousand five hundred and ninety -five dollars, ($48,595.) No. 611. To the third district, v^ich had during the year For third district, aforesaid an average attendance of 1959 resident pupils, adding five per cent, thereon, at the rate of twenty dollars ($20) per pupil, and three thousand one hundred dollars ($3,100) for rent, two thousand eight hundred and fifty dollars ($2,850) for S14 PUBLIC SCHOOLS. i-epairs — the sum of forty-six thousand nine hundred and seventy dollars, ($46,970.) fdcfc/''"'^^ ^*" ^^- ^1^- ^^ ^^- ^^^^^^ district, which had during the year aforesaid, an actual average attendance of 1649 pupils, adding five per cent, thereon, at the rate of twenty dollars ($20) per pupil, and three thousand one hundred and fifteen dollars ($3,115)- for rents, and one thousand eight hundred and fifty dollars ($1,850) for repairs — the sum of thirty-nine thousand five hundred and eighty-five dollars, ($39,585.) SeV^ ®^' No. 613. (2.) Not more than one-twelfth part of said ap- propriation shall be drawn each month, and all drafts of the respective boards of school directors, shall be made in the following manner : The salaries of superintendent, teachers and other employees, and all bills for supplies, stationery, rents, repairs and other expenses incurred by the board, shall be stated in detail in the pay-rolls of the month, and on the approval thereof by the president and committee on accounts of the respective boards, the comptroller shall warrant on the treasurer of the city for the payment of .the same. Responsibility of No. 614. (3.) The city of New Orleans shall not, in any case, be liable for the debts or contracts of the boards of directors beyond the amount of the aforesaid appropriations. Quarterly re- No. 615. (4.) It shall be the duty of the respective boards of school directors to make quarterly reports to the common council on the condition of the schools, showing the number of pupils that have been admitted into each school, the number that have left, and the number in actual attendance during the month, with a detailed statement of the receipts and expendi- tures of money during the same time. They shall also make, in the month of May, an annual report containing an abstract of all the quarterly reports, also the names, number and salaries of teachers employed in their respective schools, a list of the branches taught, and text books used therein, a statement of the number, location, size, condition, internal arrangement, and means of ventilation and warming of the school houses owned by the city, and those wanted for the use of schools. The size of the rooms a!id the maximum number of pupils therein, the dimensions of the lots, play ground and yard of the pupils, and the manner in which the same are enclosed, together with such other information as the respective boards may deem of public interest. porta. PUBLIC SCHOOLS. 215 No. 616. It shall be the duty of the respective presidents of Qnaripriy nnd 1 1 1 T ' 1 a1 11 i? J.I. atipunl leportsof the boards, and superintendents, to meet, on the call ot the presidents, etc. president of the first district board, and agree upon a form for the quarterly and annual statistical reports to the council ; also to adopt a uniform system for keeping their daily, weekly, monthly and yearly registers of pupils admitted, left and attend- ing, and also a uniform method for determining the actual average attendance at the respective schools. The annual reports of the boards shall be published in pamphlet form under the direction of the four superintendents, and at the expense of the respec- tive boards, in proportion to the amount received by them from the city, and together with 200 copies for the same for the use of the council ; the superintendents shall also submit to the committee on education all proper vouchers required by them in support of the stated attendance of pupils on which the annual appropriation is made. City Ordinance, No. 2990. Approved August 16, 1856. The libraries arc placed under control of the school directors of the respective districts ; see city Ordinances Nos. 951 and 2369. STATE CONSTITUTION. Abt. 136. The general assembly shall establish free public schools throughout the State, and shall provide for their support by general taxation on property or otherwise; and all moneys so raised or provided Bhall be distributed to each parish in proportion to the number of free Trhite children between such ages as shall be fixed by the general assembly. Art. 337. The proceeds of all lands heretofore granted by the Uni i taxes past due, hereby, authorized to withdraw all suits oi the city tor taxes etc. past due, when they shall be satisfied that the tax sued upon has either been paid or erroneously assessed. City Ordinance, No. 535. No. 745. (1.) From and after the passage of this ordinance all Pirogues to be pirogues from five to fifteen tons, trading with the city, shall be required to take out a license for such privilege, which license is hereby fixed at twenty dollars per annum ; and should the owner or owners of any pirogue fail to take out such license, he or they shall pay a fine of fifty dollars. No. 746. (2.) All pirogues of the above dimensions, trading To be numbered. with the city under license, shall be properly and conspicuously numbered on both ends under a penalty of fifty dollars. City Ordinance, No. 719. • No. 747. That the assistant city attorney be instructed to McDonougU es- tate tax collect from the commissioners of the McDonough estate, all taxes due the city on property belonging to that estate. City Ordinance, No. 2622. As to Coffee Houses, see page 44. Comptroller to issue Licenses, see No. 201. See "Consolidated City Debt," page 66. STATE CONSTITUTION. Art. 123. Taxation shall be equal and uniform throughout the State, All property on which taxes may m levied in this State shall be taxed in proportion to its value, to be ascertained as directed by law. No one species of property shall be taxed higher than another species of pro- perty of equal value, on which taxes shall be levied ; the legislature shall have power to levy an income tax, and to tax all persons pursuing any occupation, trade or profession. ACTS OF THE LEGISLATURE. Sec. 36. That all real and personal property within the city of New Property subject Orleans, whether owned by individuals or corporations, shall, for the *° ^^a^cation. purpose of this act, be liable to taxation, subject to the exemptions specified in this act.— Acts of 1856, p. 146. , Sec. 42. That the common council of the city of New Orleans shall. Equal and uni- for the pui'poses of this act, once, and not oftener, in each and every feTSd^annially'! year, lay an equal and uniform tax upon all property, real and personal, in said city; but said tax* added to the consolidated loan tax, and to Rate of taxation, the special tax for payment of the annual interest on the bonds issued 32 250 REVENtJE— TAXES AND ttCENSEg. by the city for subscriptions to tbe stocks of the New Orleans, Opelousas, and Great Western Railroad Company, the New Orleans, Jackson, and Great Western Railroad Company, and the Pontchartrain Railroad Company, shall not in the aggregate be more than one dollar and fifty cents on one hundred dollars of valuation, except i^ case of invasion or insurrection: Provided it be sufficient to pay the interest on the consoli- dated debts and railroad bonds issued by the city of New Orleans. — Acts of 1856, p. 148. Power to issue Sec. 102. That the city of New Orleans shall have power to levy licenses. taxes, commonly known as licenses, upon trades, professions, callings, ' and other business carried on, and upon carijiages, hacks, drays, carts, and other vehicles, used in said city ; and said taxes, commonly known as licenses, laid as aforesaid, shall not be construed to be a tax on pro- perty, within the meaning or sections 36, 38, and 42, of this act. Power to collect Sec. 103. That all taxes, commonly known as licenses, laid by the known'aTu-*'^^^ common council, on professions, callings, and other business, and on censes. carriages, hacks, drays, and other vehicles, used in the city of New Orleans, shall be payable at the Of&ce of the city treasurer, from the 1st to the 8Ist day of January inclusive, of each year. And if any tax, commonly known as a license, laid as aforesaid, shall not have been paid by the person liable thetefor, on or before the 31st day of January, in each and every year, the city of New Orleans, upon affidavit made by any officer of said city, or by any citizen of said city, that said tax,' commonly known as a license, has not been paid by the person liable therefor, shall have a lien, in the nature of a lessor's privilege, upon the personal property of the said person so in default, and, on appli- cation made, a writ of provisional seizure shall issue out of any court of competent jurisdiction, in favor of said city and against said property ; and in case judgment is rendered in favor of said city, said property, so provisionally seized, shall be sold in satisfaction of said tax. Mode of enforc- Sec. 104. That if any tax, commonly known as a license, laid as tal SwrT^s^a aforesaid, shall not have been pai(|^y the person liable therefor, on or license. before the 31st day of January in each and every year, any court of competent jurisdiction shall, upon application and affidavit made by any officer of the city of New Orleans, or by any citizen of said city, that said tax, commonly known as a license, has not been paid by the person liable therefore, issue a writ of injunction in favor of said city, enjoining said person in default, from all further pursuit or practice of the pro- fession, calling, or other business, pursued or practiced by him, and upon which said tax is laid, until such time as said tax shall have been fully paid and satisfied. And further, the remedy given said city in this section of the collection of said tax, shall be cumulative of the remedy given said city for the collection of the same by section one hundred and three of this act ; and said city shall have the right to make use of either, or of both of said remedies, at its discretion. When licenses Sec. 105. That each and every license shall expire on the 31st day expire. ^^ December in the year in which it was obtained. Taxes except, etc. Sec. 106. That all city taxes, except licenses and levee dues, shall pS'abie.'^'* ^^'^^^ ^6 payable, only in the office of the city tresurer, from the first day of REVENUE — TAXES AND LICENSES. 251 March to the first day of May, inclusive, of each year; and said treasu«r Notice to be given shall, by notice given in the official journal for fifteen days prior to said 1st day of March, notify the tax payers to appear at his office, for the payment of their taxes. To each and every bill for city taxes, except Percentage to bo licenses and levee dues, unpaid on the 31st day of March in each and noSpaymeST of every year, shall be added one per cent, of said bill for each and every taxes, month that the same shall remain unpaid, counting from the first day of March of each and every year. Sec. 107. That on the second Monday of May of each year, the Suit for taxes, treasurer shall put in suit in a court or courts of competent jurisdiction, fenced! ^^^' all unpaid bills for taxes levied upon property assessed in their several districts, and all bills for taxes levied upon property shall contain a description of said property as set forth in the assessment rolls. It shall be the duty of the justices of the peace and the clerks of the. Form of notice to courts in which such suits may be brought, by an advertu^ment in the tition^eS ^ ^^' official journal of the city, to cite all said delinquent tax payers to appear, within fifteen days from the date of the first insertion of sard advertisement, before the respective courts in which said bills are put in suit, and answer to the demand contained in said tax bill. No petition shall be necessary, but the tax bill shall be considered as a petition, and the said advertisement shall be ^considered a citation, and no other service of citation shall be necessary. Said advertisement shall ' contain the names of all defaulting tax payers, and the amount claimed i||||^ from each ; but where the property assessed is assessed as belonging to a person whose name is unknown, said advertisement shall contain a descriptian of said property, as set forth in the assessment rolls, together with the amount claimed a.j a tax upon said property, and such advertisement, containing such description, shall be considered as a citation to the person owning said property, and no other service of citation to be necessary. Each defaulting tax payer shall pay twenty-five ^ . cents for the cost of the citation by advertisement, together with such other subsequent cost as may accrue in the suit. As soon as the delay „ „ ^ , . . , . Further proceed" for answering, expressed in said advertisement, shall have expired, then ings, how con- the further proceeding in said suit shall be conducted according to law. ^^^^^^' And further, it shall be the duty of said treasurer to hand over t(fthe ^. , *' Fines, dues and assistant city attorney, all bills for fines, dues or licenses, designated licenses, how col- and intended by sections 108, 104 and 105, whenever the same shall ^^ ^' accrue or be exigible by the, provisions of this act, and the said assistant attorney shall forthwith institute proceedings in courts of com- petent jurisdiction in the several districts where said dues, licenses, fines or penalties shall have accrued, for the enforcement of said dues, licenses, fines or penalties, according to the provisions of this act ; and the said assistant att(»Qey shall receive as compensation for such services compensation of in all cases, ten per cent, on such dues, licenses, fines or penalties, to assistant city at- be paid by the person or persons in default. — Acts of 1856, p. 158. See Acts of 1856, p. 141, sect. 25; p. 146, et seq.; page 158, et seq. See Acts of 1856, page 165, sect. 124, (under "Common Council," page 55.) For State Taxes, see Acts of 1855, page 502, 252 REVENUE — TAXES AND LICENSES. # DECISIONS OF THE SUPREME COURT. 1.— Art. 127 of the constitution of 184.5, providing for the equality and uniformity of taxation throughout the State, applies to State and not to municipal taxes. — 2 Ann. 182; 3 Ann. 673 ; but see 9 Ann. 503 and 446, and 10 Ann, 735. 2. — An ordinance imposing taxes on certain trades and professions cannot be considered illegal or unconstitutional, because other trades and professions are not taxed, where the tax on the enumerated trades or pro- fessions is imposed on all persons exercising such trades or professions. —3 Ann. 673. 2 Ann. 182. 3. — No person, who obtains a license at any time after the commence- ment of the year, can complain that he pays as much for a license to trade during a portion of the year, as others who trade for the whole year ; the infiquality is of his own creation, and does not render the statute uncoM;itutional. 4 Ann. 549. 4. — The eity council have no power to levy taxes on property which is not situated in the city, but merely temporarily within its limits. — 1 M. 123. 5. — They have the right to tax vessels passing the bridge on the Bayou St. John. — 3 M. 218 ; and to lay a tax to provide for a prospec- tive deficiency. — 1 La. 5. ^[P 6. — The corporation has no power to lay taxes on property, real or personal, owned and held out of the limits of the incorporated part of the city and faubourgs. — 3 La. 248. 7. — Carts, which a man uses for his own purposes in hauling water for sale, are not to be taxed under the ordinance for taxing vehicles for hire. —3 La. 248. 8. — Licenses cease at the death of the person to whom granted, although'the period for which it is given has not expired, — 9 La. 43S. 9. — The city ordinance of February 3, 1845, imposing a tax on retail dealers, is neither illegal or unconstitutional. — 1 Ann. 387. 10, — The ordinance of August 29, 1846, imposing a special tax on all real estate within limits of the second municipality, for the purpose of « paying its debts and supporting the public schools, is legal and constitu- tional.— 2 Ann. 182. 11. — The corporation is not bound to tax real and personal estate at the same time ; a tax may be legally imposed on either alone. — 2 Ann. 182 ; 1 La. 13. 12. — The ordinance of March 12, 1838, sec. 4, requiring managers of theatres to pay annually five hundred dollars for thq^ use of the charity hospital is not unconstitutional. The enaction of a price for the license so granted is not, in its proper sense, a tax. — 2 Ann. 550 ; 5 Ann. 380. 13. — Property within the incorporated limits of the city, not laid out into streets, is subject to taxation for all municipal purposes, except the maintenance of lights, of the police and the expense of watering and cleaning the streets.— 2 Ann. 611. REVEAUE— -TAXES AND LICENSES. 253 • 14. — Under the statute of 1805, rural property is not liable for assess- ment for the maintenance of lights, of the city watch, and for cleaning . the streets.— 10 Ann. 763. 15. — An ordinance imposing a tax on all retailers of soda water, with the exception of apothecaries, is not illegal nor unconstitutional ; nor will the fact, that the party had paid for a license as a confectioner, exempt him from liability for the tax. — 4 Ann. 328. Section 10 of the city ordinance of December 16, 1846, does not authorize the imposition of each partner of a banking house or firm of the whole amount of the tax, without regard to his residence in the State. The tax is imposed on the business, and not upon the individual members of the firm, unless they be permanent residents, or sojourners within this State. The pow- er of the State itself to lay taxes only extends to persons and property within its jurisdiction. — 4 Ann. 407 ; but see 6 Ann. 783. 16. — Under the act of May 4, 1847, the city councils had the power of taxing rural property within the limits of the city, in the same manner that urban property is taxed ; but a distinction between rur^l and urban property was made by the act of March 18, 1850. 17. — The remission of a tax by the council is an extinguishment of the obligation, and the tax cannot be imposed. — 4 Ann. 605, 18. — The power to pay and collect taxes has ever been understood to operate prospectively and never retrospectively. — 6 Ann. 605. 19. — An ordinance imposing a tax, and in case of non-payment to be subject to a fine of five dollars, etc., is illegal in assessing a penalty for the non-payment of taxes. This is not within the municipal power. — 6 Ann. 515. 20. — Taxes imposed by political corporations, to whom a portion of the powers of the government are delegated for the purpose of government and police, are not liable to seizure on executions against those corporations ; nor are funds collected on judgments for taxes liable to such seizure. But sums due to municipal corporations for paving, or on bonds taken for paving, are liable to seizure. — 6 Ann. 570. 21. — The exigencies of government require that the process for the collection of taxes should be summary. They are to be regarded not as a debt to be enforced against the debtor who contracted, it by judicial proceedings, but a contribution required from the citizens for the support of government, and for the protection and benefit of all. — 7 Ann. 192. 22. — The power of taxation is limited under the constitution, and there does not exist either in the legislature or in any of the subdivisions of sovereignty, a power of apportioning'taxation for public purposes, whether of a general or of a local character, except on the principle of equality and uniformity. — 9 Ann. 446. 23. — Article 123 of the constitution, which requires taxation to be eqvial and uniform throughout the State, applies to municipal and paro- chial, as well as other taxes.— 9 Ann. 503 ; 10 Ann. 735 ; but see 2 Ann. 182, and 3 Ann. 673. 254 REVENUE — TAXES AND LICENSES. 24. — The city of New Orleans has the right to sue for the tax imposed . under the city ordinance passed in conformity with the act of the legis- lature of the 12th March, 1852. (for certain railroads.)— 9 Ann. 561. 26.— The council of the 3d municipality, elected for 1851, was incom- petent to impose a tax for a past year. The statute of the 18th March, 1850, designed that the taxing power of the council should be exercised prospectively. — 9 Ann. 44. 26. — The summary mode of proceeding against delinquent tax payers by advertisement, in place of citation as provided by the act of 1852, sect. 35, applies only to the collection of taxes assessed subsequent to the act,— 9 Ann. 233. 27. — By the act of 1850, all property belonging to charitable institu- tions, is exempt from taxation. — 9 Ann. 584. 28. — ^'Taxable lands" comprise buildings on lands, so as to authorize the buildings to be estin-ated in making an assessment for taxes; for, in legal contemplation, buildings are a part of the land. — 9 Ann. 368. 29. — The tax assessed by the common council on all drinking houses is legal, and the tax on the keeper of such houses is payable at any ^ period of the year when it may be found that he is not provided with a license. But the city has not the right to close the doors of a drinking house summarily because of the failure of the keeper of it to take out a license. — 10 Ann. 321. 30. — The tax imposed up'bn keepers of livery stables by the city ordi- nance of November 15th, 1849, is constitutional and legal. — 10 Ann. 56. 31 — Article 123 of the constitution has reserved the right of the leg- islature to exempt any property it sees fit, from taxation altogether. But if it tax at all, then it must tax equally or in a uniform ratio accord- ing to an assessment legally made, all property of the same description upon which a tax is levied. — 10 Ann. 735 ; 2 Ann. 503 ; but see 2 Ann. 182 and 3 Ann. 673. 32. — Where taxes, illegally assessed, have been paid through error, they may be recovered. — 10 Ann. 73. 33 — The assessment by the city authorities, on account of subscription to railroad stock and for the consolidated loan tax, is essentially a tax. —10 Ann. 762. 34. — The license tax imposed on keepers of coffee houses, is imposed upon all persons of the same class, and is therefore constitutional. — 9 Ann. 305 ; 11 Ann. 68. 35, — A legal presumption exists in favor of the correction of the assessment rolls. If errors «xist, defendant must allege and prove them. — 11 Ann. 69; see also 11 Ann. 195 and 251. For other decisions on this subject, see "Hospitals," page 127 ; "New Orleans," page 165; Ordinances, page 196; and "Streets" and "Wharves. SALARIES OF CITY OPriCERS. 255 SALARIES OF CITY OFFICERS. No. 748. The following are the salaries fixed by the several city and State laws : Mayor $5,000 per an. —by ord. No. 2828 1,200 1,200 800 700 800 720 Comptroller 4,000 Treasurer 5,000 Surveyor 3,000 Street Commissioner 8,000 City Attorney 4,000 Sec. Board of Aldermen 2,400 '' " Assist. Ald^m'n 2,400 Recorders, (each) 2,500 Recorder's clerk, 1st district 1,200 <•' " 2d do 1,200 " " 8d do " " 4th do First assist, clerk, 1st district Second do do ,do Assist, clerk, 2nd district... Assist, clerk, 3d do Surveyor's clerk 1,200 Two chain carriers, (each)... 300 Comptroller's clerks, one at. . . 1,800 " " two at... 1,500 " " one at... 1,200 Treas. clerks, assist, treasurer 2,400 " book-keeper.... 1,500 " two clerks, each 1,200 " assistant clerk.. 900 runner 480 City Attorney's clerk 1,200 Street Commissioner's deputy 1,500 '^ one assistant 1,200 '' two assist., each 1,000 " three assist., each 900 " three assist., each 800 '' clerk 1,200 " sup'nt of bridges 1,500 Mayor's clerks 4,000 " police secretary 600 acts 1856, p. 145 acts '56p. 146, ord. 3106 acts '56p. 146, ord. 2957 acts 1856, p. 146 acts 1856, p. 146 ord. 1623 ord. 1638 acts 1856, p. 142 ord. 132 ord. 132 ord. 2931, 132 ord. 2935, 132 ord. 546 ord. 3211 ord. 546 ord. 2931 ord. 2316, 2957 ord. 2957 ord. 8017, 132 ord. 3017, 132 ord. 132, 2375, 3017 ord. 3106 ord. 3106 . " ord. 3106 ord. 3106 ord. 3106 . ord. 1861 ord. 3054 ord. 3054 ord. 3054 ord. 3054 ord. 3054 . ord. 3054 ord. 3139 ord. 132 ord. 2934 256 SALARIES OF CITY OPEICERS. Chief (or Captain) of Police, $2,000 per an: Four Lieutenants, eacli 1,000 " Ten Sergeants, each 700 " Day Policemen, each 700 '' Other Policemen 600 " Chiefs clerk, 900 " " assistant clerk 720 " Commissaries of markets, each 720 " '' of Washington market 480 " '' ofNinthmarket4thdis 720 " Four pound keepers, each. .. . 540 " Chief Warden of Workhouse 1,200 " Deputy '' " 900 " Eight Under Wardens, each 600 " Two night wathchmen, each 600 " CFk of commit, on workhouse 1,200 " Two Wharfingers, each 1,500 " Four assist, wharfingers, each 900 ^' Commissioners of the McDon- ough estate, ea^h 1,500 " Sec'y of standing committees and committee on work- house and prisons 1,500 " Sec'y of the Commissioners of House of Refuge 360 " Secretary Finance committee 1,800 " Secretary of committee on Streets and Landings 1,200 " Sergeant-at-arms.of Board of Aldermen 1,200 " Sergeant-at-arms & doorkeep- er Board Assist. Aldermen 1,200 " Porter of City Hall 900 " Sup'nt Insane Asylum 720 " Male Assistant 540 " Female Assistants, each 180 " Bell ringer, St. Pat. church 480 " Laborers in surveyor's and street commissioner's de- partments, each 8 5 per month . Laborers' in wharfingers' de- partment, each 40 " ord. 2100 ord. 2100 ord. 2100 ord. 2100 ord. 2100 ord. 70 ord. 2366 ord. 639 ord. 2329 ord. 2941 ord. 1520 ord. 2i39 ord. 351 ord. 351 ord. 2100, 351 ord. 1679 ord. 54 ord. 54 ord. 2134 ord. 1679, 2926 ord. 377, 1261 ord. 3018 ord. 3019 ord. 132, 2855 ord. 132 ord. 1366 ord. 1794 ord'. 1794 ord. 1794 ord. 2040 ord. 724 ord. 1147 SLAVES AND FREE PERSONS OP COLOR. 257 SCHOOLS.— See ^^ Public Schools/' p. 212. SEAL. No. 749. That the mayor be, and he is hereby, authorized to have a "seal" ordered for the city of New Orleans, so as to enable him to furnish copies of documents to the city attorney and the several courts. City Ordinance, No. 101. See Acts of 1856, p. 141, sec. 26. SLAUGHTER HOUSES.— See "Factories,'' etc., p. 89. SLAVES AND FREE PERSONS OF COLOR. An Ordinance relalive to Slaves and Free persons of color. No. 750. (1.) Be it ordained hy the common council of tJie city of New Orleans, That it shall not be lawful for any slave to Not to lodge, etc., lodge or sleep in any house or premises other than that of his ^^ ^^^ ^^^ ^ '^^' owner or master, or that of his owner's agent, or of the person to whom he may be hired, without special authority in writing so to do, which authority or permit shall specify the length of time for which it may be given. Any slave lodging or sleeping in any house, room, cabinet, or any other place without permit so to do, as aforesaid, shall receive not less than ten, nor more than twenty-five lashes, unless his owner shall pay a fine of not less than ten dollars nor more than twenty-five dollars ; and any free person allowing or permitting any slave to lodge or sleep in his or her house contrary to the provisions of this ordinance, shall be fined not less than twenty-five dollars nor more than one hundred dollars. One-half of which fine shall be for the benefit of the informer. No. 751, (2.) That all persons be, and are hereby forbidden Letting wom?, from letting or hiring, by the month, week or day, any house, * °'' ° * *^^ " room, apartment, closet or place whatever within the limits of this city, to any slave, even with the permission or authority of 33 258 SLAVES AND TREE PERSONS OE COLOR. his or h^r owner or owners, under the penalty of a fine of not less than ten dollars nor more than one hundred dollars for each and every contravention, and for each and every slave. And * any owner of any slave, or agent of such owner, who shall permit or allow his or her slave to hire any house, room, etc., as aforesaid, shall be fined not less than ten dollars nor more than one hundred dollars for each and every contra- vention, and for each and every slave he or she may permit or allow to hire any house, room, etc., in contravention hereof. One-half of which fines shall accrue to the benefit of the informer. DutyofpoUce. No. 752. (3.) That whenever any police officer, policeman or watchman shall have reasons to suspect that one or more slaves occupy a house, room or other place in contravention to the provisions of this ordinance, it shall be the duty of such police officer, policeman or watchman to enter the same, and if any slave or slaves be found therein, to arrest such slave or slaves and convey them to the police jail, and immediately report the same to the mayor or to the recorder of the district wherein such arrest be made. Any person who shall oppose or obstruct a police officer, policeman or watchman in the performance of the duties imposed upon him by this section, shall be fined not less than ten nor more than one hundred dollars. Slaves not to as- No. 753. (4.) It shall not be lawful for slaves to assemble in any of the streets, roads, public squares, meat markets or in any house, cabaret, grocery or coffee house, or on the levee, or any other place whatsoever in this city ; and it shall be the duty of all policeman and watchmen to arrest and conduct to the police jail all slaves found assembled in contravention hereto; and the slaves so found assembled shall receive not less than ten nor more than twenty-five lashes, unless such slave shall bo the bearer of a special permit from his master so to assemble, in which case the said master shall be fined not less than twenty-five dollars nor more than one hundred dollars : Provided, that nothing herein contained shall be so construed as to prohibit slaves from assembling (with their owners' consent) in a church during the hours consecrated to divine service, nor from attend- ing funerals : Provided, moreover, that they may assemble on the commons for the purpose of dancing, or playing ball, or cricket, permission to that eff'ect being first obtained from the mayor, but such permission shall be granted by the mayor for no other day than Sunday, and shall expire at sunset. SLAVES AND FREE PERSONS OP COLOR. 259 No. 754. (5.) That whoever shall assemble slaves at his, Penalty. her or their house, or on his, her or their garden, lot, square or premises, or shall suffer, allow or permit slaves toessemble in his, her or their house, or on his, her or their premises, or who shall refuse to allow any policeman or watchman to enter such house or premises for the purpose]of arresting slaves assembled therein, shall be fined not less than twenty-five dollars nor more than one hundred dollars. And every free person found assembled yith such slaves shall be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned thirty days, in default of paying the fine. No. 755. (6.) All persons giving public balls wherein free glares not to persons of color are admitted, are hereby prohibited from admit- coiored^persMw. ting any slave, or permitting any slave to be admitted to such ball or balls, under the penalty of a fine of not less than twenty- five dollars nor more than one hundred dollars, in default of pay- ing which fine they shall be imprisoned thirty days. And every slave found in contravention shall receive ten lashes. No. 756. (7.) That every slave (unless blind or infirm) Slaves armed, found in any of the streets, roads, public squares or other public places, armed with a cane or stick, shall receive twenty- five lashes, and every slave having any weapon whatsoever shall be punished as prescribed by the "Black Code." No. 757. (8.) That all slaves are forbidden to quarrel, yell. Disturbance of curse or sing obscene songs, or in anywise disturb the public P^^ic places, etc. peace, or to gamble in the streets, roads or other places, or on the levee. Any slave found contravening hereto shall receive twenty-five lashes. No. 758. (9.) That any master or captain of any steamboat, giarea on eteam- ship or other vessel moored at the levee or at any of the wharves ^^^^ and vessels. of this city, who shall permit, suffer or allow any slave employed on board of such steamboat, ship or vessel to quarrel, yell or sing obscene songs, or in any manner disturb the public peace, or gamble on board of such steamboat, ship or vessel, shall be fined twenty-five dollars for each contravention. No. 759. (10.) Any slave who shall abuse or insult a free insulting free person shall receive twenty-five lashes. persons. No. 760. (11.) That any person who shall arrest a runaway Runaway slaves, slave on board of any steamboat, ship, or other vessel, and lodge such slave in the police jail of this city, shall be entitled to a reward of ten dollars, which reward shall be paid on due proof being made to the person or persons so arresting and lodging 260 SLAVES AND FREE PERSONS OP COLOR. such slave in said jail, by the owner of such slave prior to ob- taining a release for such slave; in default thereof, such slave shall remain in custody. Not to be convey- No 761. (12.) That it shall not be lawful for the proprietor Tesseis, etc. ' of any carriage, cab or other public vehicle whatsoever, or the owner, master or captain of any steamboat, ship or other vessel or craft, whatsoever, to give passage to any slave without the wriijten permission of his or her master, or his or her agent, under the penalty of a fine of not less than ten dollars nor more than twenty-five dollars for each and every contravention. Slave parties, etc. No. 762. (13.) That whenever the owner of one or more slaves be desirous of permitting his or her slaves to give a ball or dance at the dwelling or residence of such owner, it shall be the duty of such owner to obtain a written permit to that efiect from the mayor, but said permit shall expire at 9 o'clock, P M ; and any owner or other person failing so to do, shall be fined twenty-five dollars. Liquor to slaves. ;^o, 7^3. Q4,) That all owners or keepers of cabarets, grog- shops, groceries, cofi'ee houses or places where spirituous liquors are sold, be, and are hereby forbidden to sell, furnish or give spirituous liquors to slaves, without the written permission of their master or owner, under the penalty of a fine of not less than ten nor more than one hundred dollars for each and every con- travention. One half of which fine shall be for the benefit of the informer. Liquor to slaves. No. 764. (15.) That any owner or keeper of a cabaret, grog- shop, grocery or coffee-house, and any other person who shall sell or furnish any spirituous liquors to any slave in exchange for goods, wares, produce, merchandise, wearing apparel, or other effects, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every contravention. In default of payment, he or she shall be imprisoned thirty days. One half of said fine shall be for the benefit of the informer. jree persons, No. 765. (16.) That all keepers of cabarets, gTog-shops, gro- to play cards to- ccries, or coffec-houses be, and are hereby forbidden to permit or allow white persons, free persons of color, and slaves to play to- gether, cards, dominoes, or any other games whatsoever in their premises, under the penalty of a fine of fifty dollars for the first offense, one hundred dollars for the second offense, for the third offense one hundred dollars, and to forfeit his license, and shall be deprived of the right of obtaining a license for two years thereafter. It shall be the duty of such policemen or watchmen SLAVES AND TREE PERSONS OP COLOR. 261 who may discover white persons, free persons of color and slaves playing cards, etc., as aforesaid, to arrest, without distinction, all persons found so assembled. All persons so contravening shall be fined as follows, viz : Each white person, not less than twenty-five nor more than one hundred dollars. Each free person of color, not less than twenty-five nor more than one hundred dollars. Each slave shall receive fifteen lashes, unless his master prefers paying a fine of not less than five nor more than fifty dollars. No. 766. (17.) Every slave found on the levee, or in the slaves to be home streets and highways within the limits of the city, after 8i o'clock, P. M., from 22d September to 22d March, and 9i o'clock P. ]VI., from 22 d March to 21st Sept. (gun fire) without a pass or permit to pass aftef'BwciL time, which permit shall specify the time such slave is allowed to remain out after gun fire, shall be ari'ested and taken to the police jail, and shall, on the order of the recorder of the district wherein he or she may be found, receive ten lashes, unless his or her master pays a fine of five dollars. See No. 251. « No. 767. (18.) That it shall be the duty^of all owners, cap- Free persons of tains or masters of any steamboat or other vessel arriving at this eS?'^ °^ vessels, port with free persons of color, in contravention to the laws of this State, on board, employed as stewards, cooks, hands or otherwise, whenever such steamboat, ship or other vessel is about to depart from this port, to convey such free person of color back to the place from whence they came ; and any owner, captain or master of any steamboat, ship or other vessel, permitting, or al- lowing or suffering any such free person of color to remain in this city after the departure of such steamb'oat, ship or vessel, or discharging any such free person of color therefrom, under any pretext whatsoever, shall be fined one hundred dollars for each and every free colored person so permitted, allowed or sufi'ered to remain or discharged in violation hereof. One half of which tine shall be for the benefit of the informer. No. 768. (19.) It shall not be lawful for any person to sell any Merchandise, etc commodities, goods, wares, or any article whatever to any slave, slaves, ^ ^^^^ *° even for cash, above the value of five dollars, or to make any pur- chase from or barter with a slave, unless with the written permis- sion of the owner or agent; provided, always, that the said regulation does not concern the commodities or provisions which slaves publicly expose for sale in markets. Any person con- I 262 SLAVES AND FREE PERSONS OF COLOR. travelling shall be fined not less than ten nor more than one hundred dollars. Slaves brought No. 769. (20.) That all persons bringing into this city slaves etc. from other States or Territories, shall within twenty-four hours after their arrival in the city, make a declaration under oath be- fore the mayor, of the number of slaves brought by them, — their sex, name and age, the place from which they were brought, and also the name of the town or country where they last resided. Every person shall be fined not less than twenty-five dollars for every slave brought into the city in violation of the provisions of this section. Slaves ia cabar No. 770. (21.) That it shall be the duty of the police to arrest all slaves found drinking in cabarets or cofiee-houses, and each slave shall receive for every offense, ten lashes, unless his master pay a fine of ten dollars ; provided such slave be not the bearer of a written permit from his master or owner. Free persons of No. 771. (22.) That all hotel or boarding-house keepers, or color in hotels, ,■, r i, • i • • . t • i i • etc. other persons harboring, or keepmg m their houses, or employing any free person of color being in the city in contravention of law, shall be fined not less than twenty-five nor more than one hun- dred dollars for every offense. Duty of police, No. 772. . (23.) That it is hereby made the duty of the police officers, policemen and watchmen of the several districts of this city strictly to enforce this ordinance, and to prevent all contra- ventions against the provisions thereof, under the penalty of dismissal. Repealing clause. No. 773. (24.) That all ordinances or parts of ordinances contrary to the provisions of this ordinance, be, and the same are hereby repealed. City Ordinance, No. 3203. 'Approved January 7th, 1857. See Coffee Houses, page 44. For Insane Slaves, see No. 384. For Punishment of Slaves, see No. 548. ACT OF THE LEGISLATURE.* An Act relative to Slaves and Free Colored Persons. Section 1. Be it enacted by the Senate and House of Representatives of Punishment for t^^ State of Louisiana in General Assembly convened, That any slave murder. ^j^q B^fiXi commit the crime of wilful murder, on conviction thereof, shall be punished with death. . — • * In a recent case the Supreme court decided that the act of 1855, relative to slaves etc., was unconstitutional, but as most of the act is but a copy of former laws ■which are constitutional, it is here inserted. SLAVES AND FREE PERSONS OF OOIiOR, 268 Sec. 2. That any slave who shall with a dangerous weapon, and with Punishment for , ,, , cutting, or at- intent to kill, cut or otherwise wound any person, or who shall attempt tempting to kill maliciously to kill by drowning, or strangling, on conviction thereof, gJangtog^"^ °^ shall suffer death. Sec. 3. That any slave who shall wilfully and maliciously strike his ^t^?^\^^™®J*j.J?„ master or mistress, or his master's or mistress' child or any white over- persons, seer appointed by his owner, to superintend said owners's slaves, so as to cause a contusion or shedding of blood, shall be punished with death or imprisonment of hard labor for a term not less than ten years. Sec. 4. That if a slave shall shoot at or stab any person with intent Shooting or stab- to kill, such slave, on conviction of either of said offenses shall suffer death. ^^\^^ Sec. 5. That if any slave or free colored person shall wilfully and Povoning. maliciously poison or attempt to poison any person, he shall on conviction thereof suffer death. Sec. 6. That if any slave or free colored person shall commit a rape. Rape on -white or attempt to do so, upon the body of any white female, he shall upon ^®™* ®" conviction thereof, suffer death. « Sec. 7. That any slave who shall e%JOurage or excite any insurrec- Exciting insur- tion or revolt in this State, or who shall be in any wise concerned in '^«°**<^'^- instigating to the same, on due conviction thereof, shall ^fiffer death. Sec. 8. That if any slave or free colored person shall wilfully and Arson. . maliciously burn or destroy any building or house, or shall attempt to bum any house or building he shall, on conviction thereof, suffer death. Sec. 9. That if any slave shall strike a white person, for the first striking white and second offense he shall receive such punishment as the jury shall g|cond'offense.°*^ think proper, but for the third offense the said slave shall suffer death ; Third offense. and whenever any slave shall have grievously and wilfully wounded or Grievously mutilated any white person, although it prove to be the first offense, tilating. such slave shall suffer death ; provided the blow, wound, mutilation or bruises are not made or committed in defense of the person or property of his master, or of some membet of his family, or of the person having charge of him, or in whose care he then may be, in which case the said slave shall be excused. Sec. 10, That any slave who shall feloniously and forcibly take any Robbery, goods or money from the person of another, by violence or by putting him in fear, shall, upon conviction, be punished with death or otherwise, at the discretion of the court, t Sec. 11. That any slave who shall break into and enter any dwelling Burglary, house, store, or house of any kind, or who shall attempt to do so, with the intent to steal or to commit any other crime, shall upon conviction thereof, suffer death, or other punishment at the discretion of the court. Sec. 12. That if any slave or free colored person shall wilfully and Burning stacks maliciously burn, or destroy, or attempt to burn or destroy, any stacks °^ ^^'^^ '^*"' ®*'* of rice, corn, fodder or other grain of produce of this State, raw or manufactured, or any work other than a building, he shall, on conviction thereof, be punished at the discretion of the court. Sec. 18. That if any slave shall threaten, insult or strike the overseer, Threatening, or other white person representing his owner, he shall be punished at the gStiig^oTeSeer. discretion of the court. 264 SLAVES AND FBEE PERSONS OF COLOR. Rebelling against overseer. Insulting or beating white person. Trespass. Sec. 14. That any slave wlio shall revolt or rebel against any -white overseer, appointed by his owner to superintend the conduct of his slaves, when being punished by him, or another, by his orders, shall on conviction thereof be punished at the discretion of the court. Sec. 15. That if a slave, or free person of color, insult or assault and beat any white person, such offender, on conviction of either of said offenses, shall be punished at the discretion of the court. Sec 16. That if any slave shall cut, pulldown, burn, destroy, or carry away any tree, wood, or timber, growing or lying on the land of another, without the consent of the owner, or legal pofesessor thereof, he shall, on conviction, be condemned to receive thirty-nine lashes ; nothing contained in this section shall be so construed as to authorize the punishment of a slave for the acts above mentioned who shall have acted under the express orders of his owner, or person having a legal command over him. Sec. 17. That any slave who shall be guilty of larceny shall be punished at the discretion of the court. Sec. 18. That whoever shall mflict, or cause to be inflicted, any cruel treatment \ipon any slave, whether by maltreating, flogging, failing to clothe and feed in a proper manner, by imprisoning, by putting in irons, -or by illtreating in any other manner, to be judged of by the court and jury, shall be fined not less than fifty nor more than two hundred Power to decree dollars. The court and jury shall have power in all cases, whether they convict or not, to decree the sale of the slave at public auction. The owner shall not be allowed to purchase either directly or indirectly, or to have under his control the said slave, under the penalty of one thousand dollars. The price of the slave thus sold, shall be paid over to the owner after deducting all costs. It shall be the duty of the committing magistrate, to whom com- plaij^t shall be made, to notify the district attorney, of the district whose duty it shall be forthwith to prosecute the owner of the slave. Sec. 19. That any free person who shall play at any game of chance, or make any bet, or in any manner gamble with any slave, shall on conviction thereof, be fined not less than one hundred nor more than one thousand dollars, and be imprisoned in the parish jail not less than one month nor more than oje year ; and on a second or any subsequent conviction for a similar offense, shall be fined one thousand dollars and be imprisoned in the parish jail one year. Sec. 20. That any master or other persoif having the charge oi IlavlTaccuse^i of government of any slave accused of any capital crime who shall conceal coital crime. qj. convey him away, so that he cannot be brought to trial and punish- Penaltv when ment, shall forfeit the sum of one thousand dollars. But if such slave slave is not ac- -. accused of a crime not capital, then he shall forfeit the sum of five cused 01 capital crime. hundred dollars. Harboring or Sec. 21. That if any person shall harbor or . conceal any runawaj concealing run- giayg^ knowing him to be such, or shall cut or break any iron chain oi Cutting or break- collar which any master of slave may have used, he shall, on conviction Sfiar?'' *'^"'' °^ thereof, be fined not less than two hundred nor more than one thousand Larceny. Cruel treatment of slaves. the sale ot slaves cruelly treated, District attorney to prosecute. Gambling with slaves. Penalty for pre- SLAVES AND FREE PERSONS OF COLOR. 265 dollars ; and in default of payment, he shall be imprisoned not less than three nor more than six months. Sec. 22. That any person who shall furnish slaves with any false Furnishing ,.n , ,. , . , , . . . ^,1 A- slaves with false free papers or certificates of birth or christening, falsely representing f^^^ papers or such slave to be free, shall be punished for each and every such offense, ^^^th S^hristen- as in case of forgery. ing. Sec. 23. That any person who shall buy, sell, or receive of, to, or Buying from or 1 ■, n 1 -, I • • T i-x, selling to slaves from any slave, any corn, hay, fodder, meal, spirituous liquors or other without the con- produce or commodity whatsoever, without the consent, in writing, of ^f'^jji^n'^r or^eS the owner, ovCTseer or employer of such slave, shall be held guilty of a ployer. high misdemeanor, and shall, on conviction thereof, be fined in .a sum not less than fifty, nor more than five hundred dollars, and shall be imprisoned in the parish jail, not less than one nor more than twelve months, one-half of the fine to be paid to the informer and the other half to the parish. In the indictment or information for the oflFense specified in this section, it shall not be necessary to charge the kind or quantity of the produce or commodity so bought, sold or received, nor the name of the slave, nor the name of his owner, and on the trial of such indictment, it shall not be necessary to prove the name or ownership of such slave, but it shall be deemed and held sufficient to prove that such buying, selling or receiving was of, to or from a slave, if he be a person of color. Sec. 24. That if any slave shall be seen or found in any storehouse, ware- what shall be house, tippling shop or other place fitted up or kept for trading, unless Jence^f the corn- sent by his owner, overseer or employer, after the hour of nine o'clock at mission of the night, or before daybreak in the morning, or on the Sabbath day; or if in the'foiegoing any slave shall be found at any time in any of the aforementioned section, places, unless sent as aforesaid, where he shall have been permitted to remain for the space of five minutes with the door of the place closed ; or if any slave shall be seen to carry into the aforementioned 'place any article or commodity supposed for sale, and not bringing the same out, or if he shall bring out of such place any article or commodity which may have been purchased or received therein; or if any slave, being a teamster, or driver of any team, cart, wagon or other vehicle, shall be seen to leave his team before or near the door of any such storehouse, warehouse, tippling shop, or other place fitted up, or kept for trading, and enter such place, and there remain for the space of five minutes, at any hour of the day or night, without the consent of his owner, overseer or employer, and shall be seen to carry into the aforesaid place any article or commodity, supposed for sale, and not-bring the same out ; or if he shall bring out of such place any article or commodity which may have been purchased or received therein, without the consent aforesaid ; or if the owner of the aforementioned places of trading, or slave, or any person of whatsoever description is seen to go to the aforesaid teamster's vehicle, be it of any description, and take or receive therefrom, or receive from it, by the teamster, or any one else, any article or com- modity whatsoever, supposed for sale, and take the same into the afore- said place for trading and not bring the same out ; or if they bring out 266 SLAVES AND FEEE PERSONS OF COLOR. of the place of trading, any article or commodity supposed to have been purchased or received therein, and put the same into or upon the vehicle, or deliver to the teamster in any manner whatever ; the same shall be taken as persumptive evidence against the person owning or keeping such storehouse, warehouse, tippling shop or other place fitted up or kept for trading, of the offense described in the two preceding sections, to be rebutted however, like other presumptives. Pica Tvhich can- Sec. 25. That no person prosecuted under the provisions of the two pre- not be made. ceding sections shall plead that the articles sold or purchased, were given, sold or delivered by any person in his employ without his^nowledge. Proof of consent Sec. 26. That in all trials, for trading with slaves, the accused shall of owner, -^^ permitted to prove the consent of the owner or employer of the slave by production of the original writing or by parol evidence. Encourao-ing in- ^^^- ^^' ^^^^ ^^ ^^7 Person shall, by words, actions, writing, or in Burrectiou. any other manner whatsoever, persuade, encourage, or advise any slave to insurrection, against his lawful proprietor, or against the white inhab- itants of the State or the government thereof, such person, on conviction, shall suffer death or imprisonment at hard labor at the discretion of the court. Attempt to pro- Sec. 28. That whoever shall, with the intent to produce disco'ntent '^mone^free^^coi* ^^^^^S *^^ ^^^® Colored population, or insubordination among the slaves, ored persons or write, pxint, publish or distribute, anything having a tendency to produce among slaves. discontent among the free colored population, or insubordination among the slaves therein, shall, on conviction, be sentenced to imprisonment at hard labor, or suffer death at the discretion of the court. Using language Seo. 29. That "Whoever with the intent aforesaid, shall make use of aforesa^^ mtent language in any public discourse, from the bar, the bench, the stage, the pulpit, or in any place whatsoever, or whoever shall make use of lan- guage in private discourses or conversations, or of signs or actions, hav- ing a tendency to produce discontent among the free colored population of this State, or to excite insubordination among the slaves therein; or Bringing papers whosoever shall knowingly be instrumental in bringing into this State any T^ith said intent, paper, pamphlet or book having such tendency, shall, on conviction thereof, suffer imprisonment at hard labor not less than three nor more than twenty-one years, or death, at the discretion of the court. Duty of judges to Sec. 80. That it shall be the duty of judges in this State to give the juSe?^o?the two two preceding sections in charge to the grand jury at each term of their tk.ns?'"^^^'"' J'espective courts. Stealing slaves. Seo. 31, That every person who shall inveigle, steal, or carry away any slave, or shall hire, aid or counsel any person in so doing, or shall aid any slave in running away or departing from his master's service, shall, on conviction thereof, suffer imprisonment at hard labor not less than two or more than twenty years, Conveying slaves Sec. 32. That if the master of any vessel in this State, or any other oS^bolS^of ve*s! person, shall convey out of the State, on board of any such vessel, any seis, or receiving slave, the property of any person, without the consent of his owner, or them on board , „ . , , „ , , , -^ ^ -i. with such intent, shall receive on board of any such vessel any slave, or permit or suffer it to be done, with the intent and for the purpose of carrying and conveying him out of this State, or shall wilfully conceal or permit to be concealed slav:es and free persons op color. 267 on board of any such vessel, any slave, with the intent and for the pur- pose of enablinp; him to escape out of this State, he shall, on conviction of any such offense, suffer imprisonment at hard labor for a term not exceeding seven years, and not less than three years, and shall pay the value of the slave and all damages that the owner may have suffered thereby, which damages shall be assessed by the same -jury who shall give their ^erdict on the criminal prosecution. The owners of said vessel shall be considered bound jointly and sev- erally to mak^good such claim. Whenever any slave shall be found on board any vessel, the presumption shall be that he was received or con- cealed on board with the intent aforesaid, saving to the party accused the right of showing the contrary. Sec. 33. That the owner of any slave so carried away, shall have a Lien on the ves- lien on the vessel; which lien shall not affect bona fide purchasers, and ^® * shall not take precedence over other liens now recognized by law. Sec. 84. That suits may be brought and prosecuted to execution Manner in which against all the persons mentioned in ^the two preceding sections at the troughrtorecov- same time, but a recovery and payment under execution or otherwise, of ^^ undar the two ' -f r J J preceding see- the value of the slave so carried away, with damages from any one of the tions. persons above mentioned, shall be a bar to any further civil procedings on the part of the owner, against each and all the others above mentioned. Sec. 35. That if any person shall carry, or attempt to carry out of Carrying or at- the State, by land, any slave without the consent of the owner, with the early Slaves out intent of causing such slave to escape, he shall, on conviction thereof, °^. *^® ?*^t® ° , •■ without the coa* suffer imprisonment at hard labor for a term not exceeding seven years, eent of their and not less than three years, and shall moreover be sentenced to pay the °^^®^^- value of the slave and all damages that the owfier may have suffered thereby ; which damages shall be assessed by the same jury who shall give their verdict on the crijninal prosecution. Sec. 36. That if any person who may have mortgaged his slave to Transporting another, shall transport, or attempt to transport, or cause to be transport- ^°t^ol^the S^ate. ed out of this State, the slave thus mortgaged, in fraud of the holder, the person thus offending, his aiders and abettors, shall, on conviction thereof, suffer imprisonment at hard labor not exceeding seven years, nor less than three years, and shall be liable to pay all damages that tho holder of the mortgage may have suffered thereby, which damages shall be assessed by the same jury who shall give their verdict in the criminal prosecution. Sec. 37. That if any slave shall be found on board of any vessel with- Presumption out the written consent of the owner, the master and proprietors of said against^masters vessel shall be presumed to have received said slave on board with the intention of depriving his master of him, and of transporting him out of the State, or from one part of the State to another, and shall be respon- sible in solido to the owner of the slave in the sum of one thousand dol- lars : provided, that the penalty herein declared, shall not be enforced Proviso, when the discovery shall have been made by the master of said vessel, and the slave returned without delay to his owner. Sec. 38. That any person who shall import into this State any slave Bringing slaves who shall have been convicted of any crime, shall, on conviction thereof, Sto the staTe?"^ 268 SLAVES AND TREE PERSONS OP COLOR. forfeit said slave to the State, provided said slave remain in his posses- sion; if not, he shall be fined in a sum equal to the value of the slave. Duty of commit- Sec. 39. That whenever a slave shall be accused of a crime or offense, ting magistrate xi xi_ • x- i? xi. x, in certain cases, by any person, on oath, the justice of the peace or other committing magistrate, before whom the complaint is made, shall cause the slave accused to be arrested and confined in the parish jail to await his trial. Tribunal for the Sec. 40, That slaves accused of capital crimes, shall be, tried by a cus^eV^cf '^capitS tribunal to be composed of two justices of the peace, and ten owners of offenses. slaves resident in the parish where the crime may have bqen -committed. tribunal for the Sec. 41. That if any crime or offense not capital shall be committed cufed'ofoffenses ^^ ^"^ s\sL\e, he shall be tried by a tribunal composed of a justice of the not capital. peace and four proprietors of slaves, who shall be summoned by the justice of the peace to attend at the day and hour fixed for such trial, under the same penalties to which jurors are subject when they refuse or neglect to attend the courts of this State. (Sections 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54, and Acts of 1855, page 37, relate to the trial of slaves for capital offenses.) Error of form Sec. 55. That no proceedings shall be annulled or impeded by any Jury may com- Sec. 56. That in all cases where a slave is charged with a crime ishment^of slaves Punishable with death or imprisonment at hard labor for life, the jury shall have a discretionary power to commute the penalty and inflict a lesser punishment. Who cannot be Sec. 57. That no member of any tribunal in this State for the trial jurors. ^£ slaves, shall be either the proprietor of, or related within four de- grees of consanguinity to the owner of the slave prosecuted. Delivery of Sec. 58. That the sheriff of the parish where said trial is held, on BorThaving ^^^" * receipt of a proper order from the justice, accompanied by a certi- charge of the fied copy of the verdict, and judgment thereon, shall deliver such slave penitentiary. . / "^ , » , into the posession of the person having charge of the penitentiary, who shall receipt to him therefor. Evidence of Sec. 59. That the evidence of slaves under oath shall be received in Right of chal- Sec. 60. That in all trials of slaves who may be charged with the ^^°^®* commission of any capital offense, the punishment of which may be death, they shall be entitled to challenge peremptorily six jurors and any further number, for cause; provided, that if two or more slaves are put upon trial as particeps criminis in the commission of any such offense, they shall not be entitled to six challenges each. Sale of old or dis. Sec. 61, That if at a public sale of slaves, there happen to be some certain tasTs! "^ who are disabled through old age, or otherwise, and who have children they shall be sold with such one of their children as they may choose to go with. Penalty against Sec 62. That no slave shall carry any arms except by permission arms! ^^'^^^^"° in writing of his owner, or person having him in charge ; and in case any person shall find any slave in possession of any firearms or other dangerous or offensive weapons, without such permission, he may seize the same ; and it shall be his duty within twenty-four hours after such SLAVES AND FREE PERSONS OP COLOR. 269 seizure, to go before a justice of the peace and declare on oath the cir- cumstances of s^h seizure ; and the justice shall forthwith notify the owner or other person having charge of such slave, if known, of the seizure; and if on the examination of the case the justice shall be satis- fied that said weapon has been lawfully seized, he shall rendet a judg. ment of forfeiture in favor of the person who seized it ; provided, however, tliat such weapon shall remain in the posession of the court, and the owner thereof shall have the right to reclaim the same at any time within ninety days thereafter, on the payment of ten dollars to the use of the person making the seizure, and the costs of forfeiture, unles^ such weapon shall have been stolen, in which case it shall be delivered up to the owner, on the payment of the costs of forfeiture. Sec. 63. That no person whatever shall allow any slave, whose care Slaves not to go and conduct are entrusted to him, to go off the plantation or premises ^^t?ou?*written without a written permission. permission. Sec. 64. That whoever shall give a pass or permit to any slave, who Penalty for giv- is the property or under the care of another person, without the consent g°^^* of^another or against the will of the owner or other person under whose charge he without consent may be, shall be liable to the penalty of fifty dollars to the owner of the slave ; and in case he is unable to discharge the fine, he shall be imprisoned for the space of one month. Sec. 65. That if any slave shall be found absent from his usual place Slaves absent of working, or residence, without some white person accompanying him, p^^^ o/working, and shall refuse to submit himself to examination, any freeholder shall refusing to sub- •; mit to examina- be permitted to seize and correct him, and if he should resi^ or attempt tion, how dealt to make his escape, the freeholder is authorised to make use of arms, ^* but to avoid killing the slave, but should the slave assault and strike him, he is authorised to kill him. Sec. 66. That whoever shall beat a slave without being lawfully penalty for un- authorised, shall pay for every such offense a fine not exceeding fifty a^thorizediy ^ r J J & J beating slaycs. dollars ; and if the slave be mutilated or rendered incapable of working, he shall, besides, be obliged to pay the master of the slave the sum of two dollars per day for every day's work lost. And if any slave should be forever rendered unable to work, then the offender shall pay his value, and the slave thus disabled, shall be main- tained at the expense of the person who disabled him ; provided, that should the offender be unable to pay the fine and expense incurred, the court shall condemn the offender to prison for a period not less than one month nor more than one year. Sec. 67. That every person occupying a plantation with slaves, shall Penalty for not be bound to have permanently thereon, a white person to oversee and having a white ... 1 ,. XI 1 ^ -1 , , overseer on plan- maintain a good police among them ; and on lailure to do so, on con- tation. viction thereof, he shall be fined not less than one hundred nor more than five hundred dollars. Sec. 68. That no person shall introduce into this State any child Penalty for in- under the age of ten- years, unaccompanied by its mother if livino-. un- Producing slave ,^ „ , , ,, , , children under der a penalty of not less than one thousand nor more than two thousand ten years of age dollars, and the forfeiture of the slave. In all trials for a violation of without fheir this section, the burthen of proving the age of the child, and that its "pothers. 270 SLAVES AND FREE PERSONS OF COLOR. mother was dead at the time of introducing it, shall be on the person accused. t Penalty for eell- Sec. 69. That whoever shall sell the mother of any slave under the ing mother or child separately age of ten years, separate from said child, or shall sell any slave child from each other, ^^(jgy j-j^^ ^ge of ten years, separate from its mother, shall incur the penalties prescribed in the preceding section. Rehibitory action Sec. 70. That any person who shall have purchased any ^ave con- tai^u cases? ^^^' "dieted of any crime out of this State, and brought into it, contrary to law, shall be entitled to a rehibitory action against the seller, besides lieing entitled to such damages as may be assessed by a jury. (Sections 71, 72, 73, and 74 relate to the emancipation of slaves, and haVe been repealed by the act of 1857 which is inserted in Appendix at the end of this book. Slaves not enti- ^^^' "^" ^^^* ^^ ^^^^® ®^^^^ ^® entitled to his freedom under the tied to their free- pretence that he has been with or without the consent of his owner in a of having been country where slavery does not exist, or in any of the States where aoSlotl^st. «l^^«ry i« prohibited. When lawful to Sec. 76. That it shall be lawful to fire upon runaway negroes who fireon runaways, jj^^y j^g armed, when pursued, if they refuse to surrender. Taking up runa- Sec. 77. That every person taking up a runaway slave shall imme- ^*y®* diately convey him before the nearest justice of the peace, who shall either commit the slave to the parish prison or send him to the owner, employer, or overseer, if known, who shall pay the person taking him up, the rates hereafter specified, to wit : Fees. For taking up a slave in the woods, six dollars. For taking up on the road or plantation, three dollars. For mileage in all cases, going and returning, ten cents per mile. For magistrates' commiting, one dollar. For jailor receiving and placing in confinement, one dollar. For feeding slave wKile confined, twenty-five cents per day. For magistrate, for receiving proof of ownership, one dollar. For delivery by jailor to owner, fifty cents. These fees and no others shall be charged. Duty of jailor, Sec. 78. That the jailor shall have every slave by him placed in confinement as a runaway, advertised in the nearest newspaper three times, making the advertisement as brief as possible so as to give a full description of the slave confined, with his name, the name of the owner and place of residence, if known, or as given by the slave ; and on the owner's payment of the same the jailor shall produce the prin- ter's receipt for the payment of the advertisement, or the paper with the advertisement therein contained. Expenses incur- Sec. 79. That all expenses incurred by the jailor, except feeding the red by jailor. giave, shall be made item by item ; the bill of items shall be sworn to by the jailor, and the said oath shall be in writing, signed and attached to the bill so rendered ; provided, that if the slave be put to work on the public works or otherwise, the owner shall not pay anything for his feeding. SLAVES AND FREE PERSONS OF COLOR. 271 Sec, 80. That the parish jail of East Baton Rouge, shall be the Depot for the re- depot for the reception of such runaway slaves as may have been con- ^ay8°° fined and advertised for sixty days in any of the jails of this State, without having been claimed by their masters. Sec, 81, That whenever a runaway slave shall not have been claimed Slaves when sent by his Blaster or by his attorney, within sixty days, the said slave shall ^ e epo . be sent by the sheriff of the parish in which he may be detained, to the keeper of 'the aforesaid depot. And the sheriff shall receive for his Fees of sheriffs, mileage, going to and returning from said depot, six cents and a quarter per mile ; a fee-bill of which expenses shall be deposited in the hands of the keeper of the depot. Sec 82. That the bill of all the expenses incurred for arresting and Bill of .expenses keeping any slave that shall be sent to the depot,, shall be paid by the k^leper^^if ^depot keeper thereof, at the time the slave shall be delivered to him, and the and by owners of amount of the said costs, as well as of those which shall have been made at the depot, shall be paid by the owner at the time that be takes away said slave. Sec. 83. That the muuicipal authorities of the city of Baton Rouge Municipal au- are authorized to employ runaway slaves. They shall be obliged to j^J^" ^^^ employ maintain them at their own expense during the time they may be so runaway slaves, employed. Sec. 84. That it shall be the duty of the keeper of the depot to Advertisement to advertise in the weekly issue of the official gazette, for the space of three gj S^epot. ^^^* months, such runaway slaves as have been delivered to him from any of the jails of this State, unless sooner removed. Sec. 85. That in case the owner of any slave confined as a runaway Runaways to be shall permit him to remain in confinement for twelve months, the keeper gonlTaving^ ^^' of the depot shall deliver the runaway to the person authorized by law ?^*^,se of State to take charge of the State hands, requiring and receiving at the same time of such deKvery his receipt for the same, which shall contain a minute description of said slave, a duplicate receipt of which shall be handed to the auditor of public accounts by the keeper, to be depo- sited by him among the records of his office. The fees due the keeper, Expenses and or that may have been paid to him, shall be paid by the treasurer of the ^^^® ^°^ ^^^^' State upon the warrant of the auditor of public accounts ; said account of fees and charges having first been sworn to by the keeper. Sec. 86. That said slave shall be, immediately after his reception slaves to be by said person in charge of said internal improvement works, placed ^^J^ks °° ^^^^^^ upon said works and cared for as other hands that may be engaged on the same. Sec. 87. That whenever the owner shall appear and claim said slave Manner in which from the general depot, or person in charge of said slave engaged upon S anytime cS said internal improvement service, he shall be allowed to take the same *°^ receive his in his possession upon the exhibition of a lawful authenticated title to the same, or due proof made to the satisfaction of the jailor of said depot or the auditor of public accounts, by two or more citizens of the neighborhood or parish in which said claimant may reside, and upon paying to said jailor of said depot or State treasurer all expenses that may have accrued upon said slave, as aforesaid. 272 SLAVES AND FREE PERSONS OF COLOR. Certificate to be Sec. 88. That free coloted persons who carry any arms shall be carried, bv free »/ v colored persons required to carry with them a certificate of a justice of the peace carrj'ing arms, attesting their freedom, for want of which the arms shall be subject to seizure as in case of slaves. Penalty for Sec. 89. That whoever shall knowingly bring, or cause to be liberi hfto the brought, into this State, any statu liberi, shall on conviction 'thereof, cbasi'ne'^theia"'^" ^® punished by a fine not exceeding one thousand dollars, and by imprisonment not exceeding six months, or both, at the discretion of the court, and shall besides be compelled to pay the expenses of convey- • ing the slave back to the place from whence he was brought, or else- where out of this State. Whoever shall knowingly purchase any such, (statu liberi) sliall forfeit the slave thus purchased ; the slave shall be sold for the time he is to serve, and on the condition of his being trans- ported by the purchaser out of the State upon his becoming free : one- half of the proceeds of the sale to go to the informer. Statu liberi, be- Sec. 90. That each statu liberi, shall when he becomes free, be transported out transported out of the State at the expense of the last owner, by pro- of the State. ceeding before the district court at the suit of any citizen, unless per- mitted by law to remain. When transported out of the State, he shall, on returning, be liable to all the penalties provided by law against free persons of color coming into the State. Penalty for con- Seo. 91. That whoever shall knowingly bring or cause to be brought State.^as^'a "slaved '^^^^ *^^s State, any free person of color as a slave, shall upon conviction any free person thereof, be fined one thousand dollars, one-half to go to the informer. He of color. ° shall also be liable to such free person of color for damages. Free persons of Sec. 92. That free persons of color, legal residents of this State, shall depart* froni and ^^ permitted to depart from and return thereto, as their business may sf^ t™ ^^ *^^ require ; provided they shall not have established their domicil in a free Proviso. State or country. Free persons of Sec. 93. That all free persons of color who are now in this State in cases may^be ^^r^- '^^^^^^^^'^ °^ ^^^y ^^ ^^^ may come into this State, except in cases ^^^''^'i to s ^?^'°®^ an insurrection among the slaves of this State, or adhering to them by color. giving them aid or comfort in any manner whatsoever. Sec. 100. That all laws or parts of laws conflcting with the provis- Certain laws xe- ions of this act, and all laws on the same subject-matter, except what is ^'^* ^ ' contained in the Civil Code or "Code of Practice, be repealed. — Acts of 1855, p. 377. For emancipation of slaves, see Acts of 1857, in appendix at the end of this book. For trial of slaves for capital crimes, see Acts of 1855, page 37 ; and Acts of 1855, page 383. DECISIONS OP StlPEEME COURT. 1. — Slaves are treated as persons by the criminal law, and are so classed both in Codes of 1808 and 1825.— 8 R. R. 521; 4 Ann. 183. 2. — One who arrests a runaway slave is not liable, in case of his escape, for not having canned him immediately before a magistrate ; he is entitled to a reasonable time to do so, and, if he be guilty of no negligence, will not be chargeable.--7 M. 371. 3.— As ^ to sheriff's charges for keeping runaway slaves, see 3 N.. S. 676. 35 274 SLAVE MARTS AND NEGRO TRADERS. 4. — One who holds possession of a runaway slave, without right or title, although his motives be not criminal, is liable for the payment of all loss and damage actually suffered by the owner in recovering pos- session. — 3 La. 453. 5. — The laws of this State on the subject of slaves, whether in the Civil Code, Code of Practice or in the ordinary statutes, being on the same subject, must be construed together, and in such manner as to givp effect to all.-— 3 Ann. 339. SLAVE MATITS AND NEaRO TRADERS. Premises to be enclosed, cleansed, etci An Ordinance relative to Negro Traders and Slave Marts. To be licensea, No. 774. (1.) It shall not be lawful for any person to keep or occupy any establishment within tbe limits of the city, for the sale or barter of slaves, unless permission be expressly grant- ed by the common council; and it shall be the duty of the mayor to order the removal, within ninety days, of all slave depots from any street wherein a majority of the resident real estate owners within four blocks of such establishment, shall, by petition, re- quest him so to do. All persons violating the provisions of this section shall be fined not less than twenty dollars for every day they shall be in contravention.. No. 775. (2.) The premises must be so, enclosed as to pre- vent slaves from being seen from the street ; they must be kept properly ventilated, cleaned, and in good order, under a penalty of a fine of not less than twenty -five dollars for every offense, and five dollars a day for every day the offense shall be continued after notice from the mayor. No. 776. (3.) In case of the existence of small-pox, measles, or any infectious or contagious disease in any slave mart, it shall be the duty of the keeper to have the sick person or persons re- moved to some hospital, or other proper place, at the risk and expense of the owner or owners ; and every person violating this section shall be fined not less than fifty dollars for every offense. No. 777. (4.) All negro traders permitting their slaves to stand on, or walk along the sidewalks or streets in front of their , marts, shall be fined not less than twenty-five dollars for every offense. Repealing ciauBe. No. 778. (5.) All ordinances and parts of ordinances con- flicting with the provisions of this ordinance are hereby repealed. City Ordinance, No. 3148. Approved Dec. ITth, 1866. . For City Tax, see No. 650. Contagious diseases, etc. Slaves on side- waJkfi. STABLES AND DAIRIES. 275 SMOKE HOUSES. An Ordinance relative to Smoke Houses. No. 779. It shall not be lawful for any person, without the Notiawfui with- •^ ^ ' out pormisaion, permission of the common council, to build or keep any smoke- etc. house within the limits of the city of New Orleans. Every per- son acting in contravention of this ordinance, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and shall pay a further fine o^ five dollars a day until the same be removed. City Ordinance, No. 3149. Approved Dec. 17th, 1856. STABLES AND DAIRIES. An Ordinance relative to Stables and Dairies. No. 780. (1.) It shall not be lawful to erect within the fol- Erection of dai- lowing limits : east of Apollo, between the upper line of the city and Felicity ; • east of Benton, between Felicity street and New Canal ; east of Galvez street, between the New Canal and Canal Carondelet; east of Broad street between Canal Carondelet and Esplanade streets; east of Goodchildren street, between Esplanade and Independence; above Independence, from Goodchildren to the river, any livery stable, or to erect or keep any stable or shed, for the purpose of keeping more than two cows, without first obtaining leave of the common council. Any person violating these provisions shall be fined not less than ten, nor more than twenty-five dollars, and five dollars a day for every day he shall use the said stables after notice from the street commissioner. No. 781. (2.) All owners of stables, or stalls, or dairies, or How to be kept, persons renting the same, within the city or suburbs, are forbid- den to suffer manure to accumulate in said stables, or stalls, or dairy, or on the preniises of the same. And all such persons are required to keep constantly in a state of cleanliness, the said stables, or stalls, or. dairies, and the whole extent of their premi- ses, under penalty of a fine of not less than five, nor more than twenty-five dollars, against every offender for every act or neglect in violation of this section. No. 782. (3.) It is the duty of the street commissioner. Duty of street whenever He shall deem it necessary, to notify all keepers of '^°^^^^°°®'- 276 STREET COMMISSIONER, Stables to remove all manure or offal from the said premises, and every person failing to comply shall be fined from ten to twenty- five dollars, and three dollars a day for every day he shall neg- lect to remove the manure or offal, after notice as aforesaid. Combustible No. 783. (4:.) No owncr or occupant of any livery or other matter, lights, , , ,..,., . , , , . , etc. stable or dairy, withm the city or suburbs, no cart driver, horse driver, nor any other person, shall use therein, nor in any place containing hay, straw, or any other combustible matter, any lighted candle, nor other light, except the same be securely kept within a glass, horn. or tin lantern, under a penalty of ten dollai's for each offense. BrectadfiT* feet No. 784. (5.) No Stable shall be erected within five feet of from nidcwAlkfj ' the side walk of any public street or road, unless the line of the stable along the street be a brick wall without openings thoreon, under a penalty of twenty-five dollars. Repealing clause. No. 785. (6.) All ordinances or parts of ordinances, con- flicting with the provisions of this ordinance, are hereby repealed. City Ordinance No. 3175. Approved, Dec. 26tli, 1856. For City Tax, see No. 666 and 692. Use of Hay, etc., see No. 261. STREET COMMISSIONER. bonds, etc. An OrdinaEce organizing the Street Commissioner's Department of the city of New Orleans, His officers. No. 786. (1.) The street commissioner's department shall consist of the street commissioner, elected by the people, of one deputy, of one clerk and of ten assistants, to be appointed by him, by and with the advice and consent of the common council. His office, books, No. 787. (2.) The Street commissioner shall keep his office in the city hall, and a branch office in each district except the first district, wherein all reports, books and other documents ap- pertaining to the same, shall be deposited and carefully kept. They shall be considered the property of the city, and shall be at all times accessible to the mayor and members of the common council. The said street commissioner shall take the oath re- quired by the city charter, and he shall give bond, with one or more securities, (to the satisfaction of the common council,) in the sum of $10,000, conditioned for the faithful performance of STREET COMMISSIONER. 277 Ms duties, and to secure the city against all claims, losses or injury that may arise from his neglect, inability, or the unfaithful dis- charge of his duties. No. 788. (3.) It shall be the duty of the street commission- His duties, er to superintend the cleaning of all the streets, the repairing of all the paved and unpaVed streets, the cleaning of the markets, the repairing of the wharves and levees, the repairing and attend- ing of the bridges, shell roads and plank roads; the construction of all new pavements, shell, plank or other roads or highways ordered by the common council ; the clearing of the side-walks ; the enclosing of public places; the lighting of the streets, mar- kets and public squares, and to see that all contracts given for the same be faithfully executed ; to superintend the planting of trees on the public squares and promenades, and enforce the or- dinances relative to the same; to enforce all ordinances relative to signs, wooden buildings, chimneys, stove pipes, bakeries, forges, stray animals, pounds, privies, vaults, sinks, incumbrances of streets, roads and side- walks, etc., etc.; to report and abate all nuisances which may affect the health or convenience of citi- zens ; to see jointly with the surveyor that the ordinances rela- tive to houses, buildings, walls, or any other object, which, from their ruinous condition, or any other cause, might, by falling down, interfere with the safety of the public way, or occasion accidents, be enforced ; to make monthly reports to the common council of the condition of the streets, roads, side-walks, levees and other public places, and suggest the repairs to be made to the same ; and generally to perform such other duties as the common council may direct; to superintend the removal of indi- gent sick persons to the hospital, and the burial of indigent de- ceased persons. No. 789. (4.) The duties of the deputy shall be the same Duty of deputy, as those of the street commissioner, under whose immediate con- trol he shall be, and in case of absence, inability, or sickness of the street commissioner, he shall act as street commissioner. No. 790. .(5.^ The assistants and clerk shall bounder the Assistant and . . clerk immediate control of the street commissioner, and shall perform such duties as may be prescribed to them by him. No. 791. (6.) The salary of the deputy street commissioner saiVryand bond be and is hereby fixed at $1500 per annum. Said deputy shall °^^®P^*y* take the oath required by the city charter, and furnish bond and security in the sum of $500 — to the satisfaction of the common council — to guarantee the faithful performance of his duties. ^900 pel • annum. 900 1000 do do 900 do 800 do 800 do 800 1000 do do 1200 do 278 STREET COMMISSIONER. Salary of assiat- No. 792. (7.) The compensation to the assistants be, and is hereby fixed as follows, to-wit : That of the assistant of the 1st ward a do do 2d do do do 3rd do do do 4th do ' do do 5th do do do 6th do do do 7th do do do 8th & 9th do do 10th & 11th The assistant deputies of the 8th and 9th wards and of the 10th and 11th wards shall each keep a horse for his use and at his own expense. And said assistants shall each take the oath required by the city charter, and shall each furnish a bond, with security to the satisfaction of the common council, in the sum of $2000, to guarantee the faithful performance of their duties. Salary of clerk. No. 793. (8.) That the salary of the clerk be, and is hereby fixed at $1200 per annum. Office hours. No. 794. (9.) That the street commissioner's office shall be kept open to the public every day, (Sundays and holidays except- ed,) from sunrise to sunset. RepeaUng clause. No. 795. (10.) That all ordinances, or parts of ordinances, contrary to the provisions of this ordinance be, and they are hereby repealed. (11.) That this ordinance shall go into effect and be in full force from and after the first of August next. City Ordinance, No. 3054. Approved, Nov. 1st, 1856. Amended to read " 1st November, 1856," by Ordinance No, 3069. Superintendent No. 796. (1.) Resolved, That the street commissioner be, and he is hereby authorized to appoint, by and with the appro- val of the committees of streets and landings, an experienced and competent person to superintend the repairs of old, and the making of new bridges for the whole city, said person to be un- der the direction and control of the street commissioner. BoEdand securi No. 797. (2.) That the superintendent of repairs of bridges shall give bond and security in the sum of two tliousand dollars, for the faithful performance of his duty, and that the said super- intendent shall be liable, with his securities, for all loss or dam- ages that may occur through his neglect. ty STREET COMMISSIONER. 279 No. 798. (3.) That the salary of said officer be fixed at S125 Salary, etc. per month, with the reserved right of the common council to declare the office abolished at any time. City Ordinance, No. 3139. Approved, Dec. 13, 1856. No. 799. Resolved J That the following named officei be Abolishing cer- abolished, any ordinance or resolution to the contrary notwith- standing, if any such there be, and the name of the officers fill- ing the same oe stricken oflF the pay rolls from and after the end of March, 1857, viz: Syndic of the second district, or bayou St. John ; syndic of the third district; two superintendents of paving attached to the street commissioner's department. City Ordinance, No. 3278. Approved, March 12th, 1857. No. 800. (1.) That the surveyor and street commissioner to purchase re- be, and they are hereby authorized to purchase such materials as ^i'^*"^®"^*^" ^' may be required by them in order to carry on the public improve- ments in their respective departments not under contract. No. 801. (2.) That said officers shall make a monthly state- Monthly state. ment to the council of all materials purchased by them, designa- ™*° ' ting the purposes for which said materials were bought. City Ordinance, No. 1531. No. 802. That the street commissioner hereafter issue no Certificate to certificates to contractors for repairing and cleaning the streets of <^'^*'^*^**^'^^- the city until the same be submitted for the approval of the chairmen of the committees of streets and landings. City Ordinance, No. 2683. No. 803. From and after the passage of this resolution, the Laborers' pay, pay of all laborers employed on the public works in charge of the surveyor or street commissioner, shall be at the rate of thirty-five dollars per month for each laborer. City Ordinance, No. 724. No. 804. That the surveyor and street commissioner be, and To keep a record they are hereby, required to keep a book of record in their de- partments in which shall be daily recorded by their superintend- ents or overseers, the number of laborers, carts, etc., employed in their departments, designating separately, the several kinds of work on which they may be engaged. , City Ordinance, No. 1387. No. 805. That the resolution numbered 136, approved July To make semi- 3, 1852, requiring the surveyor to report to the council twice ^^^ ^ "^°' ' 280 STREET COMMISSIONER. Monthly pay- rolls to be re- turned. Violations of contract. in each montli, the number and description of mechanics, labo- rers, horses and carts, superintendents and overseers employed in his department, the compensation paid per day, or month, the work or works on which employed, and also requiring him to furnish information to this council which will enable it to un- derstand fully the duties and requirements of all men thus employed, and judge of the propriety and necessity of their employment be amended so as to require the stree# commissioner to make similar reports. City Ordinance, No. 360. No. 806. That the wharfingers of the several districts, and the street commissioner be, and they are hereby directed and instructed to return monthly pay-rolls of the persons employed by them, and now on the pay-rolls of the surveyor's department. City Ordinance, No. 905. No. 807. That the street commissioner be, and he is hereby required to impose the fines — as provided in the specifications for the contracts for cleaning the paved and unpaved streets of the city on all contractors for cleaning the streets — as often as said contracts are neglected; and whenever any contractors shall have been fined three times during any one month, to report the fact to the council, in order that the contractor may be put in default. City Ordinance, No. 1048. For Lis duty relative to Awnings, etc., see page 11. " " Board of Ilealth, see No. 364. " " Builders and Buildings, s*je page 26 and 27. «» « Burials and Cemeteries, see Nos. 132, 138, 139, " " Census for Taxes, see No. 730. " " Chimneys, see No. 152. " " Fire, its prevention, see page 92. " " Fire Limits, see page 30. " « Fences, see No. 260. ' " " Ferries, see No. 262. *' " Offenses and Nuisances, see page 172. " * " Pounds, see page 207. ' " " Stables and Dairies, see No. 782. " " Stoves, see No. 152. " " Streets, etc., etc., see page 281. " " Water Works, see No. 946. And see "Vehicles."" ACTS OF THE LEGISLATURE. Duties of street Sec. 34. That the street commissioner shall superintend the light- commissioner, jjjg^ cleaning and repairing the streets, wharves, and enclosing public places, and see that all contracts given for the same be faithfully execu- ted. He shall make monthly reports to the council of the condition of STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 281 the streets, sidewalks, levees and other public places, suggest the re- pairs to be made to them, j^nd denounce all nuisances which may affect . the health or convenience of citizens ; and generally, he shall perform all such other duties as the common council may direct. He shall re- Salary of street ceive a salary of $3,000 per year.— Acts of 1856, p. 146. See also Acts of 1856, p. 137, sects. 6, 8, placed under " Officers," page 188. See Acts 1856, p. 143, sec. 30, placed under " Comptroller," p. 188. See Acts 1856, p. 166, sec. 125, placed under ''Officers," p. 188. commissioner. STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES AND PUBLIC PLACES. Whereas, Different names have been given to continuous parts of the same streets in the city of New Orleans, thereby occasion- ing frequent embarrassment to wayfarers in said city; and whereas, it is advisable to simplify the map of said city, to ren- der the directions to its different parts more clear, therefore. No. 808. Be it ordained, That from and after the passage of Names of streets, this ordinance, the streets of the first and fourth districts parallel to the river, shall have the same names, starting from Canal street , and extending to the upper limits of the city, and the streets in the second and third districts shall have the same names, starting from Canal street and extending to the loWer limits of the city, in the following manner, to wit : IN THE FIRST AND FOURTH DISTRICTS. No. 809. New Levee and Levee streets shall be known as change of names XT T J. i of certain streets New Levee street. . in fipt & fourth Religious and Bellechassee streets shall be known as Religious street. St. Thomas, St. John the Baptist, Bellegarde, and Fulton , streets, shall be known as St. Thomas street. Pacanier, Soubie and Chippewa streets shall be known as Chippewa street. Annunciation, Elizabeth and Jersey streets, shall be known as Annunciation street. St. Michael and Laurel streets, shall be known as Laurel street. Constance, St. Azelie, Live Oak and Foucher streets, shall be knswn as Constance street. 36 282 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. Camp, Colliseum and Liberal streets, shall be known as Camp street. Tainturier and Chesnut streets, shall be known as Chesnut ) street. Colliseum, Ursule and Plaquemine streets, shall be known, a.s Colliseum street. St. Charles and Nayades streets shall be known as St. Charles street. Carondelet and Apollo streets shall be known as Carondelet street. Baron ne and Bacchus shall be known as Baronne. That Phillippa and Dryades streets shall be known as Dryades street. That Circus, Hurcules and Rampart streets, shall be known as Rampart street. St. John, White and Basin streets, shall be known as Basin street. Franklin, St. Peter and Benton streets shall be known as Franklin street. Treme, St. Paul and Liberty streets, shall be known as Liberty l^treet. G-irond, Cedar and Howard streets, shall be known as Howard street. Freret, Pine and Jacob streets, shall be known as Freret street. St. Mary, Locust and Solis streets, shall be known as Locust street. St. Marc, Magnolia and Mau*isel streets, shall be known as Magnolia street. St. Magdeline, Vine and Clara streets, shall be known as Clara street. St. Adeline, Willow and Martin streets, shall be known as Wil- low street. White and Sixth streets shall be known as White street. Dupre and Fifth streets shall be known as Dupre street. Gayoso and Fourth streets shall be named Gayoso street. Salcedo and Van Buren streets shall be known as Salcedo street. Lopez and Third streets shall be known as Lopez street. \J Rendon and Second streets shall be known as Rendon street. Hagan avenue and St. John avenue shall be known as Hagan avenue. Clark and Violet streets shall be known as Clark street. • STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 283 G-enois aj^d Lemon streets shall be knowu as Genois street. Telemachus and Mulberry shall be known as Mulberry street. St. John and St. Peter shall be known as Scott street. St. James and Marley as Pierce street. ^ V- , IN THE SECOND AND THIRD DISTRICTS. No. 810. Public Road and Levee street shall be known as change of names of certain street in second and third districts. T. r T J , ^^ certain streets JNeW Levee street. in second and Old Levee street and Victory streets shall be known as Levee street. Chartres, Conde and Moreau streets shall be known as Chartres street. Royal and Casaealvo streets shall be known as Royal street. Bourbon and Bagatelle streets shall be known as Bourbon street. Dauphin and Greatmeu streets shall be known as Dauphin street. Burgundy and Craps streets shall be known as Burgundy street. Rampart and Love streets shall be known as Rampart street. , St Claude and Good Children streets shall be known % St. Claude street. Marais, Plauche and Moralles streets shall be known as Marais street. Villere and Girod shall be known as Villere street. Robertson and St. John Baptist as Robertson street. Claiborne and St. Avid as Claiborne street. Derbigny and Prosper as Der^gny street. Johnson and Liberal streets shall be known as Johnson street. Dorgenois and Magistrate shall be known as Dolhonde street. Sixth and White streets as White street. Dupre and Fifth street as Dupre street. G^ayoso and Fourth streets as Gayoso street. Salcedo and Van Buren as Salcedo street. Lopez and Third streets as Lopez street. Rendon and Second streets as Rendon street. Hagan avenue and First street as Hagan avenue. And be it further ordained^ That the following streets, per- pendicular to the river, shall be known as follows, to wit : IN THE riRST DISTRICT. No. 811. Roffignac, Josephine, Basin, Prytania Walk and change of names Terpsichore streets shall be known as Terpsichore street. dicufar to^ ^KS. 284 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. Edward and Melpomene streets as Melpomene street. Benjamin, Estelle and Thalia as Thalia street. Suzette, Mellicerte and Erato streets as Erato street. Graiennie and Bartholomew streets as Graiennie street. Louisa, Duplantier and Calliope as Calliope street. Delord and Fulton Walk as Delord street. Girod street shall be known as Broom street. (Rechanged to Girod street, by city ordinance 1682.) Julia street and Florida Landing as Julia street. Lafayette and Hevia as Lafayette street. Jackson street shall be known as Gasquet street. IN THE THIRD DISTRICT. History and Kerlerec streets as Kerlerec street. Mysterious and Columbus streets as Columbus street. Bagatelle street shall be known as Bourbon street. Washington avenue and Poet street shall be known as Wash- ington street. • Enadiein street to be known as Lafayette avenue. City Ordinance No. 395. Approved 20th Nov., 1852. No. 812. From and after the passage of this resolution, the St. Andrew street running parallel with Claiborne street, in the fourth district, be known as Benton street. City Ordinance, No. 955. No. 813. That the name of Touro avenue be, and is hereby changed to the original name of Canal street. City Ordinance, No. 2124. That the street formerly denominated and known as New Levee, be changed, and from the passage of this resolution be called and bear the name of Peter's street; and that likewise shall be changed the street called Old Levee street, instituting in its stead Decatur street. City Ordinance, No. 2314. Sidewalks. No. 814. That whenever the property owners at the corners of streets, relay their sidewalks, they shall have the privilege of relaying the intersections, for which the city is obliged to pay, and be reimbursed by the city for said portion, at the price fixed by the surveyor. City Ordinance, No. 145. 8TREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 285 No. 815. (1.) Be it ordained.Thsii in all cases where any of Repairs to . streets, etc. by the pavements, sidewalks, gutters, curb-stones, bridges, or the gas and other wings thereof, on any of the streets, alleys, lanes, public squares or other public places, shall be out of repair, by cause of any of the works executed by the New Orleans Gas Light Company, or the Commercial Water Works Company, or any other chartered company within the limits of the city, it shall be the duty of the company whose works have caused repairs to be necessary, to have the same executed within such reasonable delay as the case may require, and which delay may be specified in a written notice and served on them by the street commissioner or his deputies, and in case of failure to comply with said written notice, any such chartered corporation or company shall be liable to a fine or penalty of ten dollars per day in each case whilst in de- fault, recoverable before any court of competent jurisdiction for the benefit of the city. See « Water Works," No. 945. No. 816. (2.) That in making repairs of pavements, all Repairs to chartered companies or corporations shall be governed as to the gas and other kind and quality of the materials to be used, and the manner of ^°™P"°*^^- performing the work, by the same rules and regulations as may , at the time be prescribed in the specifications governing the con- tracts for repairing the paved streets ; or if said paved streets' repairs shall be executed without contract, then said companies or corporations shall, in making their repairs, use such materi- als as may at the time be judged proper by the street commissioner, under a penalty of not less than ten, nor more than one hundred dollars for each and every ofi'ense, recoverable as aforesaid. City Ordinance, No. 2353. Approved August 10th, 1855. No. 817. (1.) From and after the passage of this ordinance, it obstructing shall not be lawful for any person or persons to encumber or ob- streets^etc! struct any of the streets, public roads, public grounds, public squares or promenades, sidewalks or gutters of the city, by depos- iting in or on the same any box, bale, hogshead, barrel, or any goods, wares or merchandise, or any article or object whatever, except for the necessary time for loading and unloading the same, in order that at all times a free, commodious and convenient passage may be left to pedestrians, and to carts, drays or other vehicles, and to the flow of waters in the gutters; and should any owner or owners, or any person or persons having charge of the same, or any of them — after being notified by the street com- missioner or any of his deputies to remove such obstructions — 286 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. fail to do so immediately, he or they shall be liable to pay a fine of not less than five or more than one hundred dollars, recovera- • ble before any court of competent jurisdiction. Duty of street I^q, SIS. (2. ) And it shall then be the duty of the street corn- commissioner to ,. ,. ,,.,.. J remove obstruc- missioncr or his deputies, under his directions, to remove and store the same in some safe and convenient place with some responsible person, or, as the case may require, remove the same to the public pound of the district where so found in contraven- tion ; and if the same shall not be claimed by the owner or owners thereof within three days thereafter, then it shall be the duty of, and the said street commissioner is hereby directed to advertise and sell the same as provided for in the case of strays and drays etc., in this ordinance ; provided always, that the provisions of this section shall not be applicable to the case of building or re- pairing any house or other edifice, as regulated by existing ordinances. • City Ordinance, No. 751, Sect. 0. For Strays and Drays refered to, see "Pounds." No. 593. etc. See Builders and Buildings, p. 26 and 27. Sidewalks, etc., No. 819. (1.) Whenever any of the sidewalks, common repairs. alleys or foot passages, within the corporate limits of the city shall , need repairs, it shall be the duty of the street commissioner, or his deputies, to notify in writing the owners or their agents of the property fronting or bordering thereon, to cause said repairs to be made within ten days after service of said notice. street commit!- No. 820. (2.) After the expiration of Said ten days, in case sioner to repair. • i • i n n /? . . • j said Sidewalks, common alleys or toot passages, are not repaired by the owners or agents aforesaid, it shall be the duty of the street commissioner to cause the necessary repairs to be made at the expense of said owners of property fronting or bordering on said sidewalks, common alleys or foot passages. Penalty for not No. 821. (3.) Any person or persons refusing or neglecting to repair the sidewalks, common alleys, or foot passages in front of his or their property, or bordering thereon, or cause the same to be made, when required, after the expiration of the ten days, shall be liable, in addition to the cost of making said repairs, to a fine of ten dollars for each day he or they are in contravention, said fine to be recoverable before any court of competent jurisdiction. Repealing clause. No. 822. (4.) This Ordinance shall be in force from and after its promulgation, and all ordinances of the late municipali- ties, or late city of Lafayette conflicting therewith, be, and the same are hereby repealed. City Ordiuance, No. 1586. Approyed June 23d, 1854. STREETS, SIDEWALKS, ALLEYS, SQTTARES, LEVEES, ETC. 287 No. 823. (1.) From and after the passage of this ordinance, common alleys, it shall be the duty of the street commissioner to publish in the official journal of the city^ a notification, in the English and French languages, addressed to all owners of property, lying be- tween paved streets, or between a paved and an unpaved street, situated within the limits of the several districts of the city of New Orleans whose property fronts upon a common alley, to have said alley paved with square granite blocks, or brick or stone slabs at their own expense, within six months after the first publication of said notification; and at the expiration of said delay, should said owners neglect or refuse to comply with* said ordi- nance, it shall be the duty of said street commissioner to give them a special written notice, signed by him, in his official capa- city, calling upon them to comply with the requisites of the present ordinance, within ten days of said notification, or in default of so doing, after the expiration of said last delay, should said owners , still neglect and refuse to comply with the requirements of the present ordinance, said owners shall then be liable to pay a fine of five dollars per day until they shall cause said common alley to be paved, said fine to be recovered for the benefit of the city, be- fore any competent tribunal. No. 824. (2.) As soon as the delay granted to the owners of Duty of street property mentioned in the first article of the present ordinance andTssLtant shall have expired, it shall be the duty of the street commissioner »"^''"^y- to report to the assistant attorney of the city the name and resi- dence of each and every delinquent, and said attorney shall imme- diately institute suit against them for the recovery of the fine mentioned in the first article of the present ordinance. City Ordinance, No. 1038. Approved IQth July, 1853. No. 825. That the ordinance No. 1038, relative to common common alleys, alleys, be so amended as to leave undisturbed all alleys properly paved and graded at the time of the promulgation of sa'id ordi- nance. City Ordinance, No. 1163. No. 826. That ordinance No. 1038, approved July 19th, common alleys 1853, entitled '^An ordinance relative to the common alleys in the city of New Orleans,'^ shall not be construed as applying to alley ways now paved in round stone or otherwise. City Ordinance, No. 1600. No. 827. That merchants, storekeepers and all other persons Watering streets. in this city be, and they are hereby authorised to have the streets 288 - STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. in front of their property or stores watered, provided the same be done at their own expense. City Ordinance, No. 2632. Whereas, many errors have occurred in establishing the street lines of the city, particularly in the first district, by which the citizens suffer great loss and inconvenience; therefore, street lines and No. 828. (1.) Be it resolved, that the surveyor be, and he is stone bounds. , r • i i t i n mi hereby authorised and directed to use all possible exertions to establish, with stone bounds to be placed at every five squares in all the streets of the city, the lines of said streets, street lines and No. 829i (2.) Bc it further resolvcd, that said bounds, when stone bounds. i i t n i • i i i -i n i • o placed, shall be recognised by the common council oi the city ot New Orleans as the only true and correct lines of the streets, and that it shall be the duty of all surveyors to follow the same in giving the lineations of lots. City Ordinance, No. 799. Mode of cleaning No. 830. It shall be the duty of the street cleaners, to clean streets. . the gutters (with hoes or scrapers) of all filth, and put the same in piles, and have it carried away the same day to such places as the street commissioner may designate ; and after the gutters shall have been cleansed with hoes or scrapers, the water may be let in the gutters from the fire plugs ; and while the water is running the street cleaner shall use brooms and sweep the gut- ters — always using hose to convey water from the fire plugs to the gutters. For any violation of this ordinance the offender shall be liable to a fine of ten dollars for every offense, recoverable be- fore any magistrate, one-half of the fine to go to the informer. City Ordinance, No. 2143. Penalties against No. 831. That the Street commissioner be, and he is hereby con rac org. required to impose the fines — as provided in the specifications ' for the contracts for cleaning the paved and unpaved streets of the city — on all contracts for cleaning the streets, as often as said contracts are neglected ; and whenever any contractor shall have been fined three times during any one month, to report the fact to the council, in order that the contractor may be put in default. City Ordinance, No. 1048. Contractor certi- No. 832. That the street commissioner hereafter issue no certificates to contractors for repairing and cleaning the streets of the city, until the same be submitted for the approval of the committee of streets and landings. City Ordinance, No. 2683. STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES,«ETC. 289 No. 833. That the street commissioner be, and he is hereby Duty of street ^ . *^ cleaners. directed to forbid and prevent the contractors for cleaning streets, from depositing any of the kitchen offal and garbage, on the streets of the city, and to discontinue the filling of Poydras and Tobin canals during the summer and fall months. City Ordinance, No. 2791. No. 834. That the mayor give notice in accordance with the Public park, acts of the legislature, that it is the intention of the common council of New Orleans to open and lay out as a public park, squares fronting on Metairie road, numbered 684 to 635, 669 to 675, 692 to 698, 714 to 720, 737 to 743, 755 to 758, 665 to 668, 699 to 502, 710 to 715, 744 to 747. That should no satisfactory opposition be made thereto, after due notice, the mayor is authorized to take the necessary legal steps for the opening and laying out of said park. City Ordinance, No. 278. No. 835. (1.) For the better preservation of the public Public park, property of the city of New Orleans, it shall be the duty of the chief of police to detail one man, whose duty it shall be to guard and protect the interest of the city of New Orleans, and to pre- vent the destruction of the trees, or any other property belonging to the city on the Metaire ridge, known as the City Park. (2.) It shall not be lawful for any person or persons, military company or companies, to use the grounds of the city park for target excursions or any such purpose as may be injurious to the trees or property, under a penalty of not less than fifty dollars for such offense, recoverable before any court of competent jurisdic- tion, for the benefit of the city. • City.Ordinance, No. 2115. . No. 836. That the surveyor be, and he is hereby authorized Jackson square to cause the Jackson square, in the second district, to be opened till 10 o'clock, p. M., from 1st of May to 1st of November of * each year. That the surveyor is directed to use the roller for smoothing the shells lying in the alleys. City Ordinance, No. 296. * No. 837. That the street commissioner be, and he is hereby jackson square, authorized to employ a suitable person as gardener of Jackson square, at an expense not exceeding 11000 per annum, for said gardener and his two assistants. City Ordinance, No. 2222. 37 290 STREETS, SIDEWALKS, ALLEYS. SQUARES, LEVEES, ETC. Public squares No. 838. According to the act of consolidation, the public prosie-a .. g^^^^j.gg ^^^ promenades of the city be, and they are hereby placed in charge of the street commissioner, who shall return on his monthly pay-roll the names of all persona employed in taking care of the same. City Ordinance, No. 1625. For contract relatiro to repairing street?, crossings, etc., see city ord. No. 2793. For contract relative to repairing bridges, etc., see city ordinance No. 2901. Kepeaiofcertaia No. 839. That an ordinance entitled ''An ordinance con- cerning the paving and completing the foot-paths (causeways) of the city of New Orleans and its ihcorporated suburbs,'^ approved September 27, 1827 j also a resolution amending the same, ap- proved April 29, 1830, and also another resolution amending the same, passed December 18, 1830, be, and the same is hereby re- pealed. City Ordiaance, No. 2351. See No. 510. See Batture, p. 18. See Buildingi?, p. 27. See Fence.s, p. 90. See OiTeGses and .Nuisance?, page 172. Por privileges of builderp, sec Ncs. 79 and 81. For petition to council for paring, etc., sec No. 193. Engines not to run on sideTralks, No. 321. See " Vehicles" and " Wharves." Obatructinjj sidewalks of markets, see Nos. 4i7 an'l 453. ACTS OF THE LEGISLATURE. Paving and ban- Seo. 119. That whenever one-fourth of the owners of real property, qucttxag streets. fj-Qritjag upoa any. unpaved or unbanquetted street in the city of New Orleans, shall, by petition, signed by the petitioner or petitioners, and addressed to the common council of said city, ask for the paving or for the banquetting of said street, or for any portion thereof, setting forth the character and quality of said pavement, or of said banquetting, said common council shall cause said petition to be published in French and • English, in the oiScial journal of said city, for and during eight weeks, once in each week ; and if, at the expiration of eaid publication so made of said petition, a majority of the owners of real property fronting on Baid street, or on said portion thereof, shall not, by memorial, signed by the memorialist or memorialists, and addressed to said common council, object to the same, said common council shall, by resolution or other- wise, order said paving or said banquetting, so petitioned for, to be made, in accordance with section 30 of this act; and the whole cost of said pavement, or of said banquetts, so made as aforesaid, shall be borne by the owner or owners of real property fronting on said pavement, or on said banquetts, in equal proportion, according to the running front foot: Provided, that no petition for new paving or new banquetting shall be STREETS, SIDEWALKS, ^LEYS, SQUARES, LEVEES, ETC. 291 presented to the common council during the months of July, August or September. • Sec. 120. That whencJver any owner or owners of property, fronting Paring and ban* upon any paved or banquetfced street in the city of New Orleans, shall, ^^^"^°2 streets, by petition, signed by the petitioner or petitioners, and addressed to the common council of said city, ask for a new paring or a new banquetting of said street, or of any portion thereof, of a character different from the than existing pavement or banquettes of said street, or of said portion thereof, and setting forth in said petition the character and quality of said new pavement, or of said new banquetting, the common council shall cause said petition to be published in French and English, in the of&cial journal of said city, for and during eight weeks, once in each week ; and if, at the expiration of said publication so made, of said pe> tition, a majority of the owners of real property fronting on said street, or on said portion thereof, shall not, by petition or otherwise, signed by the petitioner or petitioners, and addressed to said common council, ob- ject to the same, said common council shall, by resolution or otherwise, order said new pavement, or said new banquetting so petitioned for, to be made, in accordance with section 30 of this act; and the whole cost of said new pavement, or of said new banquetting, so made as aforesaid, shall be borne by the owners of said real property fronting on said new pavement, or on said new banquettes, in equal proportion according to the front foot: Provided, that no petition for new paving or new ban- quetting shall be presented to the common council during the months of July, August or September. Sec. 121. That whenever any owner or owners of real property situ- Opening, Trldcn- ate in the city of New Orleans, shall by petition, signed by the petitioner eciDgo/ streets.* ot petitioners, and addressed to the common council of said city, ask for the opening, widening, or straightening of a street or streets through their property and through other real property adjacent thereto, setting forth in said petition the length, width and direction of said street or streets, together with a description of said other adjacent real property, and the names of the owners thereof, said common council shall, if it deem the same to be for the public benefit, cause said petition to be pub- lished in French and English, in the official journal of said city, for and during eight weeks, once in each week ; and if, at the expiration of said * publication so made of said petition, a majority of the owners of said other adjacent real property, shall not, by petition, signed by the petition- er or petitioners, and addressed to said common council, object to the same, said common council shall, by resolution or otherwise, order said street or streets so petitioned for, to be opened, widened or straightened, under and in accordance with existing laws ; and the whole cost of said opening, widening or straightening of said street or streets, so made as aforesaid, shall be borrie by the owners of the property affected by tho same : Provided, that no petition for opening, widening, or straightening streets, shall be presented to the common council during the months of July, August or September. Sec. 122. That all costs of publication of petitions, as required by cost of pntiica- sections 120, 121 and 122 of this act, shall be paid by the signers of the 6^° ti/ng^^iS'^iil 292 STREETS, SIDEWALKS, ALLEYS^ SQUARES, LEVEES, ETC. and 122 of this Same; and the majority of owners, within the meaning of sections 120 act, how paid. ^^^ ^^i of this act, shall be construed to bo the owner or owners of a majority of running feet of real property fronting on the street, or por- tion of street to be paved, banquetted, or new paved, or new ' ban- quetted, in -accordance with said sections 120 and l2l of this act; and What is meant further, the majority of owners within the meaning of section 122 of this by "majority of ^^ shall be construed to be orwner or owners, of a maiority in value of owners" lu said ' ^ j j section. the property to be affected by the opening, widening, or straightening of a street or streets, in accordance with said section 122 of this act. Streets and ban- Sec. 123. That all paved and unpaved streets and unpaved ban- ke^ttn oidrr^°"^ quettes, in the city of New Orleans, shall be kept in repair by said city ; and all paved' banquettes in said city, shall be kept in repair by the owners af real property fronting thereon. — Acts 1856, p. 164. An Act concerning Levees and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of Power of the the State of Louisiana in General Assembly convened, That if any per- ™*y"''* son or persons shut up, by means of a fence or any other obstruction, any street or public way, acknowledged as such, and of which the public shall be in actual possession, in the city of New Orleans, either in the city itself or in the incorporated or unincorporated faubourgs, the mayor shall have the power, upon the fact being made known to him by the affida- vit of any credible person, to cause the said fence or other obstruction, to be removed at the expense of the person who shall have erected the same, after having given written notice to said person, if he be known, to des- troy or remove the same, within any reasonable delay he shall determine; or if said person be not known, the said mayor shall cause the said fences or other obstructions to be removed or sold, if said objects are saleable, upon inserting a notice to that effect in English and French, in two of the newspapers of New Orleans. — Acts 1830, p. 114. For ''Opening, laying out and improving streets and public places," see acts 1832, p. 132. See acts 1840, p. 51, sec. 7. See acts 1850, p. 98 ; and p. 130, sec. 8; and p. 161, sec. 19. See acts 1852, p. 131, sec. 7. See acts 1847, p. 162 ; acts 1846, p. 138. DECISIONS OF THE SUPBEME COURT. 1 . — The municipal authorities are bound to preserve unobstructed, for public use, the streets of the city and the banks of the river, which are public places ; and though they may tolerate, temporarily, works not deemed injurious to the rights of the public, no permission of a council can prevent a subsequent council from putting an end to such toleration. —6 R. 349. 2. — A purchase of real estate by the corporation, with a view to divide it into lots and streets, and to resell the property for the public convenience, etc., is legal. — 2 R.^R. 491. STREETS, SIDEWALKS, ATiLEYS, SQUARES, LEVEES, ETC. 293 3. — The council may order the removal of works and the demolition of buildings that interrupt or impede the use of the public ways and the banks of the river. — 4 M. 10, and p. 2, and 3 La. 563. And the power of regulating the public ways and maintaining order thereon is in the council. — 5 Ann. 34. 4. — The corporation have the power to impose a tax on the front proprietors of ground within the city and incorporated faubourgs, for the purpose of paving the streets and making the banquettes. — 1 La. 5. 5, — Owners of real estate cannot be compelled to pay any portion of the cost of paving done in front of their property, unless such paving was directed to be done by a special ordinance, after notice given to the parties interested. — 8. R. R. 198. 6. — The corporation have no power to take the property of individuals for the purpose of making a public street, without granting previous compensation to those individuals. — 5 La. 422. 7. — The question as to the breadth of land, which a municipal corpo- ration nas a right to require for the construction of a road and levee is, within certain limits, an administrative question, to be left to the discretion of the local authority. — 4 Ann. 73. 8. — The charge imposed by ordinance for paving side walks is not a ^ax, and institutions exempt from taxation will have to pay it. — 4 Ann. 1. 9, — Public streets and roads cannot be appropriated to private uses. — 3 M. 303. 10. — The right of soil in public roads is vested in the public, and such a road cannot be considered as a mere servitude^ or right of way, due by the proprietor of the adjoining lands, — 4. M. 136. But the principle laid down in this case, is subject to some limitation. The property in highways (grands chemins) is vested in the whole nation, but public roads (chemins publics) may be made on land subject to private owner- ship.— 3 Ann. 482. 11. — The use of the banks of the river and the batture outside of the levee, is vested in the public ; but the ownership, or title to the soil, is vested in the front proprietors, and they cannot deprive the public of that right of use at their own pleasure, or impose any than legal limita- tions on it.— 18 La. 122; 18 La. 178; 18 La. 295; 13 La. 331. 12. — No silence or length of time can deprive a corporation of its power over public places. Its inaction may give an estate by sufferance, but nothing more.— 4 Ann. 73; 4 M. 10. 13. — The space between the public road and the levee is private property, to the exclusive use of which the owner is entitled ; and he may use the part which extends from the levee to the river, subject to the regulations of the municipal authority, provided he do not prevent the use of it by others ; and he may confer upon a lessee the same right.— 8 R. R. 211. 14 —The property of the banks of the rivers is in those who possess the adjacent lands, and they have a right to prevent the unlawful use of them by the agents of the public. — 4 Ann. 30. 294 STRKETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 15. — Public places within the limits of a corporation cannot be appropriated to private use, 2 Ann. 770, The sovereign alone has the power of changing the destination of public places. — 3 Ann. 230. 16. — Within the limits of incorporated towns the municipal govern- ments are authorized to regulate the use of the banks of rivers, and to cause obstructions to be removed ; but they have no right to convert the batture formed in' front of the property of individuals to private purposes, such as wood yards, saw mills and the like. — 5 Ann. 36, •17. — Squares, or other places of laud left vacant, on the plaa of a city, are not in consequence of that fact alone, to be considered as public places, and dedicated for the use of the whole world, unless the plan contain something on its face to show such dedication, implying a promise on the part of the owner that they should always remain" open. — 5 La. 132.— See 9 La. 153; 16 La. 509. 18. — The owner of property, who divests himself of a title by dedica- tion to public use cannot recover it. — 16 La. 509. 19. — The commissioners, appointed undet the act of 1832, for opening and widening streets, are made the sole judges of the cases in which improvements are of so general a nature as to require a payment of a portion of the expenses by the whole community. — 13 La. 325. An assessment is the peculiar province of commissioners, and like the finding of a jury, should not be disturbed except for manifest error. — 15 La. 597. The court can, in' no case, amend an assessment made by the commissioners. The report must be approved or rejected m ^o^o; and in case of rejection the court is bound either to appoint new commis- sioners, or to refer the whole matter back to the same. — 4 R. R. 357; 4 Ann. 7. 20. — The proceedings may be discontinued on the payment of costs, at any time before the final confirmation by the court of the report of the assessors. No rights are acquired, or titles divested, until the assessment have been approved by the court. — 4 Ann. 4 ; 6 Ann. 112; 11 R. R. 97; 12 R. R. 456. 21. — Where the city takes possession of a private lot for public use, interest on the price will be due from the time of taking possession.— 2 Ann. 651. 22, — When a person pulls down the barricades, erected on the streets of the ,city by a paving contractor, and thereby causes tlie pavement to be injured before it is ready for public use, he is responsible to the con- tractor for the damage he has caused. — 6 Ann. 569. 23. — The municipalities had the power to order side wnlks and gut- ters, and the proprietors of property in front of which such improve- ments were made, are liable for two-thirds of the costs of the improve- ments. — 7. Ann. 25. 24. — The city ordinance imposing upon the proprietors one-third of the expense of paving the street in front of his property, is constitutional. — 10 Ann. 59; 1 La. 1. SURVEYOR. 295 25.— The municipality had authority to impose a portion* of the cost, for the remc^ral of a dilapidated and insufficient pavement, and making a new and sufficient^one in its stead, on the proprietor of property fronting the street so improved. — 10 Ann. 57. (See Acts of 1856, sect. 120, page 291 of this book.) 2G. — In making the assessment under the act of 1832, (for opening streets,) the only lots subject to assessment are those adjacent to, or fronting that part of the street so improved. The owners to whose land a new front is given or added, are alone subject to contribution to pay for it.— 7 Ann. 76. 27. — Under the act x>f 1832, (for opening streets,) there must be published in the newspaper a notice of the day on which the commis- fiioners will present to the court their estimate and assessment for con- firmation. A certificate of the clerk of the court is not evidence of such publication. It must be proved under oath, as other facts are proved. — 8. Ann. 877. 28. — The assessment directed by the third section of act of 1832, (for opening streets,) applies exclusively to the property to be appropriated. The commissioners are not authorized to include in such assessment their own fees and other expenses. — 10 Ann. 313. 29. — The banks of the river are public property, subject to be used by the public at large. — 10 Ann. 171. And this "bank" is not necessarily confind to the dtiinition of banks as given in Art. 448, of the Civil Code. —10 Ann. 523. 30.— The act of 1832, for the operiag of streets is not unconstitutional in cases where provision is made lor payment for the property, before the expropriation i« effected.— 7 Ann. 76 ; but see 9 Ann. 446, below. 31. — There does not exist either in the legislature or in any of the subdivisions of sovereignty, a power of apportioning taxation for public purposes, whether of a general or local character, except on the prin- ciple of equality and uniformity. The act of 1832, which directs that the owners of all the lots adjacent to and fronting the part of the street to be opened shall .be assessed for their respective portions of the benefit derived from the improvement, and the act of 1847, which pro- vides that the owners of all property which may be benefitted by opening streets, shall be bound for the amount of their proportions of the benefit, 'are unconstitutional, such assessment being unequal and not uniform.^ — Ann. 446; 10 Ann. 59. For other decisions, see "New Orleans," page 165 ; <'IleYt;nue," page 252; and "Wharves." SURVEYOR. No. 840. (1.) The surveyor's department of the city of New His deputies. Orleans shall consist of the surveyor, *of two deputies, of one clerk, and of two chain carriers. 296 StJRVEYOIt. Ilia office, bond, No. 841. • (2.) That the surveyor shall keep his office in the city hall, in which all the plans, minutes and documeits of the department, all the estimates, boundary, plcfts, surveys, linea- tions and reports shall be deposited and carefully kept. They .shall be considered the property of the city, and shall be at all times accessible to the mayor and members of the common council. The said surveyor shall take the oath required by section 17 of the city charter, and shall give bond, with one or more securities to the satisfaction of the common council, in the sum of $15,000, conditioned for the faithful performance of the duties of his office, and to secure the city against all claims, loss or injury that may arise from his neglect, inability, or the unfaithful dis- charge of his duties. His duties. No. 842. (3.) That it shall be the duty of the surveyor to furnish the common council with all the plans, estimates and other information appertaining to his department, which the said council may require ; to make all specifications relative to public works to be let out by contract, when required so to do by the common council ; to give the lineations of all the streets of the city as well as the lineations and grades of the sidewalks, wharves, levees, bridges, and stre'ets, in accordance with the ordinances of the common council ; to superintend the repairing of the public buildings belonging to the city ; to superintend the draining as well as the cleaning of the draining canals and ditches; to lodge information with the mayor, (a copy of which shall be transmitted to the common council,) against any person, company, corporation or institution who may build, construct, or increase any building, wall or enclosure in front of any street or other public way without having first applied to him, or his deputy, to receive the lineation, or who shall make, or cause to be made, any banquette or footway, the grades of which he shall not have defined ; to cause to be transcribed daily, from the registry of conveyances, all changes of ownership which may take place of real property, other than slaves, into the books of plans which shall be deposited in his office as soon as the same shall be com- pleted; to see to the execution of the ordinances relative to houses, buildings, walls, or any other object, which, from their ruinous condition, or any other cause, might, by falling down, interfere with the safety of the public way, or occasion accidents; to superintend the construction of all public and private build- ings, and whenever a btiilding in construction, or already con- structed or repaired, shall be defective on the score of solidity, StJRVEYOR. 297 or on account of some defect in the plan thereof, or of tlio walls being too light, or upon any other account, said surveyor shall be bound to report thereon immediately, in writing, to the mayor and to the common council ; said surveyor shall perform all such other duties as the common council may direct. No. 843. .(4.) The duties of the deputy surveyor are hereby Duties of deputy limited to the giving of the lines of lots and other properties situated in front of the streets and public ways, whenever they shall be required ; and to report to the mayor and surveyor all persons, corporations, companies or institutions who shall not conform to the same -, and he shall act as surveyor in case of absence, sickness, or inability of the surveyor. No. 844. (5.) That the salary of the surveyor be, and is Salary of sur» hereby fixed at three thousand dollars per annum. No. 845. (6 ) That the compensation to the deputy surveyor sninry of de- shall consist of the sum of two cents per running foot, which he ^^ ^^^' is authorized to receive of all persons who shall employ him to give the lineations of their lots. He shall take the oaths re- quired by section 17 of the city charter, and shall furnish their bond with good and sufficient security, to the satisfaction of the common council, in the sum of five thousand dollars, each to guarantee the faithful performance^ of his duties. No. 846. (7.) That the salary of tie clerk of the surveyor salary of dork, be, and is hereby fixed at twelve hundred dollars per annum. No. 847. (8.) That the salaries of the chain carriers be, Salary oi chaio and they are hereby fixed, at three hundred dollars per annum. No. 848. (9.) That the clerk and chain carriers shall be cierk nnd chaia under the immediate control of the surveyor, and shall perform ^^"^^^ Buch duties as may be prescribed to them by him. No. 849. (10.) That the surveyor's office shall be kept open office hours, every day for the public, (Sundays and holidays excepted,) from 9 o'clock, A. M., till 3 p. M., and from 4 o'clock, P. M., to 6 o'clock, p. M. No. 850. (11.) That all ordinances or parts of ordinances, Eepeaiing clause, contrary to the provisions of the present ordinance, be and are hereby repealed. City Ordinance, No. 2957. Approved August 4, 1856. No. 851. That the surveyor be, and he is hereby, required msreporu- to report to the common council at its regular meetings, the work or works in progress under the control of his department, other than contracts. The number of men, also of superintendents or 88 298 SURVEYOR. His reports. His reports. His book of record, etc. To purchase toa- texiale. Monthly state- ments. Surveyor's la- borers. overseers, the wages paid to each per montli or day, as they are employed. City Ordinance, No. 133. No. 852. That the city surveyor be, and is hereby required, as often as twice in each month, to report to the common council the number and description of mechanics, laborers, horses and carts, superintendents and overseers employed, and under the direction of his department, in each District of this city. The compensation paid per day or month, the work or works on which employed, and also furnish information to this Council which will enable it to understand fully the duties and requirements of all men thus employed, and judge of the propriety and necessity of their employment. City Ordinance, No. 136. No. 853. It shall be the duty of the surveyor to report to the council the non-fulfillment of all contracts in which the city may be interested. City Ordinance, No. 455. No. 854. That the surveyor and street commissioner be, and they are hereby required to keep a book of record in their de- partments, in which shall be daily recorded by their superintend- ents or overseers, the number of laborers, carts, etc., employed in their departments, designating separately, the several kinds of work on which they may be engaged. City Ordinance, No. 1387. No. 855. (1.) That the surveyor and street commissioner be, and they are hereby authorized to purchase such materials as may be required by them, in order to carry on the public improve- ments in their respective departments not under contract. No. 856. (2.) That said officers shall make a monthly state- ment to the council of all the materials purchased by them, des- ignating the purposes for which said materials were bought. City Ordinance, No. 1531. No. 857. From and after the passage of this resolution, the pay of all laborers employed on the public works in charge of the surveyor or street commissioner, shall be at the rate of thirty- five dollars per month for each laborer. City Ordinance, No. 724. Nos. 858, 859, 860, and 861, repealed. For his dfttv relative to preventing accidents at places of amusement, see Nos. 61 and 90. Duty as to buildings, numbering of houses, etc., see page 27. Duty a.<» to cetneteriei', se« No. 132. Duty as to quicklime, see No. 620. Duty as to certain bridges, see No. 927, SITEVEYOR. 299 ACTS OF THE LEGISLATUKE. For his election, see acts 1856, p. 141, sec. 24, (placed under " Offi- cers," p. 189.) Sec. 33. That the surveyor shall furnish the common council with al^ I>utie8 of sur- plans, estimates, and other information appertaining to his department, which the said council may require. He shall superintend the public works, and report, after the completion of the same, the manner in which said works have been executed ; and shall perform such other duties as the common council may direct. He shall receive a salary of $3,000 Salary of sur- per year.— Acts of 1856, p. 146. '^*y°''- » Sec. 113. That the common council of the city of New Orleans shall Corotnon counrll emp'oy one or more persons to make : 1st. A general plan of said city, j^" '^^^^^ *of'"the givino; the direction of all the streets within the same, together with city to be made, their angles ; also, the precise dimensions of each and every square book of plans, calculated in degrees, minutes and seconds. 2nd. A book of plans, which shall minutely describe every tract, square and lot of ground within the incorporated limits of said city ; together with a proper gen- eral index to the same. Sec. 114. That after said book of plans shall have been completed, Surreynr to it shall be the duty of the surveyor of said city to cause to be trans- l^ri'p^ ©f change cribed daily, from the registry of conveyances in said city, ioto said ^^ ownership, of '=> '' •' •" re»l estate, to be book, all changes of ownership which may take place, of real property made. other than slaves, situate in said city; together with all divisions and subdivisions of said real property, either by private or judicial sale, or otherwise. Sec. 115. That each and every person owning a tract, square or lot Plans of sub- of ground, situate in the city of New Orleans, and who shall divide or depopited with subdivide the same, for the purpose of making sale of the whole, or of surveyor, any part thereof, shall, before making said sale, deposite in the office of the surveyor of said city, a true plan of said division or subdivision ; Penalty for fail- and each and every person who shall fail or neglect so to do, shall, for wi^tt^h^^Jction each said failure or neglect, forfeit and pay the sura of $100 to said city, to be recovered before any court of competent jurisdiction. Sec. 116. That after said general plan, and said book of plans of General riana-'d the city of New Orleans, shall have been completed by the persons be^ubjeSTo'thS employed to make the same, said general plan and books of plans shall iuspe'tion of as- ,, . , , , . . , „ , se>if!or8 and su* be at all times subject to the inspection and use of the assessors and pervisors. supervisors of assessments of said city. — Acts of 1856, p. 161. See acts 1856, p. 166, sec. 125, (under *' officers," p. 189.) See acts 1855, p. 284. For surveyor general and parish surveyors, see acts 1855, p. 456. decision op supreme court. In ascertaining the true boundaries, if not admitted, the surveyor must have recourse to«the titles. — 2 Ann. 628. 800 TOBACCO — ^INSPECTION 01*. TANNERIES.— See page 89. TAXES.— See ^^ Revenue," page 239. ' THEATRE.— See "Balls," etc., page 15. TOBACCO— INSPECTION OF. ACTS OF THE LEGISLATURE. An Act Relative to the Inspection of Tobacco. Sbction 1. Be it enacted hy the Senate and House of Representatives Ten tobacco In- of the State of Louisiana in General Assembly convened^ That there shall poiuted!*° ^^^'^' ^® appointed by the Governor of the State, by and with the advice and consent of the Senate, ten inspectors of tobacco for the city of New Orleans, to be denominated the " New Orleans Board of Tobacco Inspec- tors." Term of office. Sec. 2. That they shall be appointed for the term of four years, shall Oath, take an oath faithfully to discharge the duties of the office, as prescribed Uond and eecu- by law, and shall give bond to the State for the sum of ten thousand ^ ^^' do.lars, (with two sureties for five thousand dollars, each good for the amount, to be approved by the treasurer of the State,) for the faithful performance of their duties while in office , and each person offering himstlf as security shall take an oath before some competent magistrate that he is worth what he is surety for, and said surety sliall be liable on said bond, not only to the State, but to all persons who shall have suflfered damage by the wrongful act, neglect or inattention of the in- spectors. B'^ftrd of inspec* Skc. 3. That it shall be their duty to organise themselves as aboard, ^'* appointing one of their own number as president of the board and another, secretary. Seven members shall constitute a quorum. The board of inspectors shall have a common seal. In the absence of the pre.-i'Jent or secretary, the board ^hall name a president or secretary pro tempore. The president and secretary shall be chosen yearly, and allowed each two hundred dollars per annum for their services. Duty of the Sec 4. That it shall be the duty of the president to call meetings Lcreurv"! *^"^ °^ ^'^® board , and preside over their deliberations. It shall be the duty of the secretary to record their proceedings, and in such manner as to show the vote of each member upon questions submitted to the board. illlpontniptPBub- Sec. 5. That all contracts of the bo-\rd shall be submitted to them, board* ^°^^^ and shall be approved of by a majority of the whole number of in- spectors. Pules and by. Sbc. 6. That they shall have authority to make rules and by-laws ^'*^^^' for the regulation of the members in the discharge^of their duties, which TOBACCO— INSPECTION OP. 301 by-laws shall not be inoonsistant with the laws and constitution of this Slate and of the United States. Skc. 7. That it shall be the duty of the board to provide suitable Warehouses to /. . XT- 1 J. A. i ^® provided for warehouses in the city for the storage of tobacco at the lowest rates at by tha board. which they can be obtained, two of which shall be located in the fourth district ; which warehouses shall be fire-proof, and floored with plank two inches thick, and provided with a sufficient number of presses, and shall be located at such point as will be most convenint for the recep- tion of tobacco, and for the convenience and interest of those engaged in the tobacco trade. Sec. 8. That when the tobacco is brought to the warehouse, it shall Tobacco by whom be received by the inspector or in-pectors alloted to said warehouse or their clerk, who shall immediately mark with ink the warehouse num- bers, commencing with ot>e and running to the end of the year, on each end of the cask ; when called on by the owner or agent to inspect a lot of tobacco, they shall cause the hogshead or cask to be placed at a con- veniefit distance from the press and under the eye of the inspector, or their clerk to cause one head of the cask to be taken out ; the cask must then be headed upon the open end, and the whole cask be taken from the tobacco and weighed. The weight of the cask being the tare, shall be marked on it with a mai^king iron. The inspector shall then have the to- bacco broken in four diflferent places, from each of which he sftall draw four hands or bundles of tobacco, which shall be tied up neatly and com- pactly, the bundle from the top breaks forming the first layer of the sample. The inspector shall be careful that the sample shall be a fair repi-esentation of the quality of the whole hogshead of tobacco, as near as he can make it. The tnpe or twine used in tying up the sample shall pass through the hands of tobacco, and a seal of wax shall be put on each sample. One end of the sample card which expresses the qual- ity of the tobacco, the warehouse number, inspection number, and initials of the inspectors' names who have inspected it shall be put un- der the seal of wax. When a hogshead or cask of tobacco is damaged, if practicable, the damaged portion shall be cut off" and held at the dis- posal of the owner or agent. The quantity so trimmed shall also be expressed on the sample card with ink. If the damage be to such an extent that it cannot be trimmed oft', the inspectors shall refuse to class- ■ ify the hogshead. They shall give a sample of it, expressing the prob- able extent of the damage, but without inspection seal. If upon the inspection of a hogshead of tobacco, it be apparent that it is falsly or fraudulently packed, said hogseead shall be marked "con lemned," and • the inspectors shall refuse to give a sample of it. It shall then be at the disposal of the owner or agents subject to the same charges as if it had been inspected. If the cask or hogshead shall prove to be of green ,or unsound timber, the inspectors shall provide a suitable cask at the expense of the owner or agent. Sec. 9. That there shall be two classes of tobacco, to wit : admitted ciasFificatlon of and refused. The inspectors shall class as admitted all tobacco they ^^^ tobacco, may find to be sound, well cured and in good keeping condition ; and 802 TOBACCO — ^INSPECTION OF. they sball class as refused all such tobacco as they may find to be soft, high in case, or otherwise unsound. R«in»pection Sec. 10. That when the inspectors are called upon to reinspect a lot of tobacco, they shall make a copy of the original sample card, and shall write on it with ink in plain letters "reinspected," and shall give the date of the same. Duty to be per- Skc. 11. That when the inspection of one or more hogsheads of to- inspeaion!'^ ^ bacco is finished, the laborers of the warehouse, under the eye of an inspector or their clerk, shall have the cask returned to the tobacco, and the loose tobacco shall also be returned, and should it be impossible to put it all in, it shall be held subje3t to the order of the owner. After it is placed under the press, it shall be coopered up, in good condition for shipping, each cask having six hoops. The cask shall then be weighed by an inspector or their clerk, and the gross weight marked in ink over the t;u*e weight. The gross weight, tha tare, and the warehouse num- ber shall also be marked with marking irons, by cutting with the same on the bilge of the hogshead or cask, and the cask then stored away. Book of Inspec- Sec. 12. That the particulars of each day's inspection shall be re- *^°"* corded in a book to be kept in each warehouse for that purpose, in which shall be noted all the marks and numbers on the cask when received, the gross weight, tare, warehouse number, inspection number, by whom inspected, and for whose account. Certificate of in- Sec. 13. That the samples and a certificate corresponding with the epection. record of inspection, shall then be issued to the owner or agent, and shall be a receipt for the tobacco. The certificate shall be transferable by endorsement or otherwise, which shall be evidence of its delivery. When the legal holder of the certificat3 shall call for the delivery of the tobacco, it shall be the duty of the inspectors to have the hogshead promptly delivered at some opening of the warehouse which is accessi- ble by a paved street. Temporary rp ^^^' ^^' That on receiving tobacco in the warehouse, the clerk of the ceipts to begivcn inspectors shall give temporary receipts to the owner or agents, ac- by the iiinpnctors , , , . , . . „ . . , , or their clerks, knowledging the receipt thereof, which they may require to be surren- dered upon the issuance of their certificate of inspection. The inspectors shall be liable for all tobacco stored with them, and shall be responsible to all persons interested in the same, for the correctness of their sample and weights. The inspectors shall have recourse upon the particular in- spector or inspectors whose neglect or wrongful act has caused the dam- age. Inwpfictors pro- Sec. 15. That the inspectors themselves, and the persons employed by de'iln^l^^or^trad. *^^°*» ^^^ prohibited from dealing or trading in tobacco, either in their ingiu tobacco, own names or in the names of others, in any manner whatever, or from being connected with or having any interest in the business of other persons dealing in tobacco, or from putting up loose tobacco in bales, or hogshe.'ids, or from being interested in any manner in the warehouse rented by them for the storage of tobacco; or from owning or being in- terested in any of the laborers or coopers empl(»yed in the warehouse, or from having any interest in the drayage of tobacco to and from the TOBACCO — INSPECTION OP. warehouses; and upon conviction of the violation of any of the above prohibitions, the inspector, or other person so oflFending, shall he deprived of his oflSce, and shall be subjected to a fine of not less than five hundred nor m«re than two thousand dollars; and any inspector, upon conviction of making wilfully a false or fraudulent inspection, or accepting a bribe in relation to the discharge of the duties of his office, shall be deprived of his office, and shall suffer imprisonment in the penitentiary not less than three months nor more than two years. Seo. 16. That all tobacco shall be inspected by two inspectors in the Number of in- „ , , , . ... , ppectors required presence of each other; and in case of disagreement oetween them, a to inspect lo- third inspector shall be called in, who shall decide upon its quality. ba<^co. SEt5. 17. That the inspector shall not inspect tobacco at mv other Tn,«reetorfl not to ,, , ., , , , . , ,. ' . inspect out of warehouse than those provided as contemplated by the preceding section, iij^ir wiirehoucas Sec. 18. That the fees for receiving, weighing, inspecting, storing Fees for receiving for two months, coopering, and all other duties imposed by law upon the ^'g'ftingietc.' inspectors, shall not exceed two dollars and fifty cents per hogshead, one-half of which shall be paid by the purchaser to the seller. For re-inspecting, re-weighing and coopering, the charge shall be seventy- five cents for each hog.shead. On tobacco remaining in store more than Extra storage, two months from date of receipt, they shall charge extra storage at the rate of twenty-five cents per month. Oa tobacco stored on which' there is no inspection, fifty cents per month. The owner or agent storing the tobacco shall be bound for the fees, and there shall be a privilege upon the tobacco for them. Sec. 19. That the board of inspectors shall be allowed to employ clerks to be em' two clerks for each warehouse to hold their places at the pleasure of £oard!^^^ ^ the board ; the first to receive out of the funds hereinafter provided, a salary not to exceed one thousand dollars per annum, the other not to exceed six hundred dollars. The board shall also be allowed to employ a sufficient number of laborers and coopers for each warehouse. Seo. 20. That should any vacancy occur in the board of inspectors, Vacnncies how by death, resignation, deprivation of office, or from any other cause, it * shall be the duty of the Governor to appoint a competent successor, Bubject to the ratification of the senate, as other civil appointments made by the Governor ; and the inspector so appointed shall in all respects conform to the requirements of law. All appointments under this section shall be for the unexpired term of four years. Sec. 21. That the Governor, by and with the advice and consent of Treasurer of the the senate, shall appoint a competent person, a citizen of the State of appointed. Louisiana, to act as treasurer to* the said board of inspectors. The salary of the treasurer shall be two thousand five hundred dollars per annum. The treasurer shall take an oath faithfully to discharge the duties of his Oafh and bond of office, and shall give bond, with two good securities, in the sum of ten ^ ** ««as«ier- thousand dollars each, for the faithful performance of the duties of his office, said bond to be approved by the secretary of State, and each security to make oath that he is worth, over and above all his debts, the amount for which he is security. In case of a vacancy in said office 'the Governor shad supply the place as soon as practicable, in the same manner pointed out for the appointment of inspectors in case of vacancy. 304 TOBACCO— INSPECTION OP. Duties of the Sec. 22. That it shall be the duty of the treasurer to keep the books and accounts of all moneys received and disbursed, and collect all fees and provide for the safe keeping of them ; to pay all expenses incurred, all bills of which to be approved by the board of inspectors. He*8hall, at the end of each month, pay to each inspector (all other demands upon the treasury being satisfied.) equal portions of any moneys in his hands ; provided that these payments do not exceed, to each inspector, a salary of^four thousand dollars per annum at the close of each year, commencing on the first day of November. Should there be any balance in his hands after paying the various clerks, laborers, rents of warehouses, and all the expenses of the inspection, it shall be appropriated as follows, the surplus funds remaining in the hands of the treasurer of the tobacco inspector shall at the end of each year, be deposited by him in the hands of the treasurer of the State, to be held by him as a reserved fund for the benefit of the tobacco trade of this city, at the discretion of the legislature of this State ; and said fund may be from time to time vested in the purchase of ground and the erection of buildings thereon for the . storage of tobacco, the object being thereby to reduce the charges on tobacco brought to this market for sale, the State not to derive revenue from the receipts of such property, the legislature having the power, at their discretion, to dispose of property so purchased, and buildings, and reinvesting, for the same purposes, the amount received, whenever it shall be desirable by the increase of the city and the advanced value of Buch property. He shall furnish to the State treasurer monthly abstracts of all moneys received and disbursed by him, which shall be approved by the board of inspectors. The treasurer shall be prohibited from being interested in any manner in the warehouses, as before provided. For any wilful violation of the duties of his office, he may be proceeded against by information or indictment, and on convinction shall be deprived of his office and fined not less than five hundred nor more than two thousand dollars. For any corrupt or fraudulent conduct in the dis- charge of the said office, or for any defalcation in the pnyment of the funds intrusted to the said treasurer, upon conviction, he shall be imprisoned in the penitentiary not less than three months nor more than five years. But nothing herein shall be so cor.strued as to exempt the treasurer from liability in civil suits for damages or loss any party may have sustained by his neglect or wrongful act. Books kept by the Seo. 23. That the books required ^ be kept by the treasurer, the board and treas- jj^gard of inspectors, and the clerks of the warehouses shall at all times urer open for in. r ^ epection. be accessible for examination by the executive officer of this State, and all persons interested, and all the entries shall be evidence agains£ the inspectors and the officers keeping them, in civil and criminal cases. No charge upon Sec. 24. That nothing herein shall be so construed as to authorize *^®.^f(^r*'ji,V*^"^f any charge upon the treassury of the State for any of the salaries or the fees and snla- expenses, the fees of inspection being the fund out of which they are to rl-'o bf-rein men- , . , tioned. be paid. Deputy inspec- Sec. 25. That in case either of the inspectors shall be unable to ^^"' attend to his duties on account of sickness, he may nominate a deputy to the board, who, if accepted by the majority of said board, shall do TREASURER. 305 and perform, for a term not longer than forty-five days, the dtities of % said principal inspector, he being responsible for all the acts of said deputy. * Sec. 26. That all laws contrary to the provisions of this act, and all Certain laws re- laws on the same subject-matter, except what is contained in the Civil Code and Code of Practice, be repealed. Acts of 1855, p. 458. TREASURER. An Ordinance regulating the Treasurer's Department. No. 862. (1.) The treasurer shall receive and safely keep in Moneys, bills re» such bank as the common council shall elect, all moneys, bills receivable, dues and assets belonging to the city, except all moneys received by him from the consolidated loan tax, and taxes for the payment of interest on bonds issued to railroad compa- nies in which the city is a stockholder. No. 863. (2.) He shall deposit daily, in said bank, all To deposit daily; moneys, bills receivable, dues and assets belonging to the city, re- ceived by him, except as before excepted. No. 864. (3.) He shall pay on the warrant of the comptroller, AVhentopay and by checks drawn to order, countersigned by the said comptrol- ' ler, or in the case of said comptroller's sickness or absence, counter- signed by his deputy, all claims against the city, which the com- mon council may authorize; and in no case shall he pay any claims whatever against the city, except in the manner herein set forth. No. 865. (4.) He shall keep a check book, in which the Check book. daily deposits of money made by him shall fully appear; and he shall each day, deduct therefrom the amount of the checks drawn by him, so that the balance in bank in favor of the city, shall at all times appear upon the margin of said check book. No. 866. (5.) He shall take a receipt from each person in Receipts, whose favor he draws a check upon the money of the city, de- posited as above set forth ; which receipt shall fully and clearly state the consideration for which the check receipted for was given. No. 867. (6.) He shall balance his check-book, bank-book, Books to be cash-book, and accounts with the comptroller weekly. balanced, e No. 868. (7.) He shall cancel each week, and in the pres- To cancel claims, ence of the chairman of the finance committees of the common 39 306 TREASURER. council,* all warrants and evidences of claims against tlie city which shall have been paid by him. His books, etc. No. 869. (8.) He shall keep the books prescribed, and in the form prescribed by the comptroller and the chairman of the finance committees of the common council ; and all books kept by him, including his check-book, bank-book, cash-book, and all returned checks and warrants, and evidences of claims against the city paid by him, and all receipts taken by him, shall be at all times subject to the inspection of the mayor, the comptroller, and the chairmen and members of the finance committees of the common council. His reports. No. 870. (9.) He shall furnish the comptroller with a daily report, in writing, of the receipts and expenditures, and all the fiscal transactions of his office; and shall lay before each board of the common council, at their regular weekly meetings, a de- tailed report of the same. Money for con- • No. 871. (10.) He shall deposit daily in the bank chosen tax. etc. by the common council as the fiscal agent of the city, all moneys received by him on account of the consolidated loan tax, taxes for the payment of interest on bonds issued to railroad compa- nies, and dividends received from railroad companies in which the city is a stockholder. The sums thus deposited by him shall be entered in separate bank-books, each designating the specific fund for which such deposite is made. And he shall state said collections and deposits in his daily reports to the comptroller, and in his weekly reports to the common council. His signature. '1 No. 872. (H.) In all cases where his signature is required to any account, warrant, order, check, receipt, license, bond, tax receipt, or any other document or paper, he shall sign the same in his own proper handv^riting ; and in no case shall he use a stamp, or types, or any engraved instrument for that purpose. Notice to tax No. 873. (12.) He shall every year, by notice given in the payers. official journal of the city for fifteen days prior to the first day of March in each year, notify the tax payers to appear at his office and pay the amount of their taxes. Unpaid bills for No. 874. (13.) He shall on the second Monday in May in each year, put in suit in any court or courts of competent juris- diction, all unpaid bills for taxes levied upon property assessed in the several districts in this city. Bills to assistant No. 875. (14.) He shall hand over to the assistant city at- ci y a torney. ^Qj-jjey^ all bills for fines, penalties, dues or licenses designated and intended by sections 103, 104, 105 and 108, of the city TREASURER. 307 charter, (approved 20tli March, 1856,) whenever the same shall accrue or be exigible by the provisions of said charter. And he shall take said attorney's receipt therefor. No. 876. (15.) He shall deposit in bank, and account for all Certain deposits. moneys paid into the city treasury, as the proceeds of any sale or sales of property made by virtue of section 111 of the city char- ter, over and above the taxes due thereon, with costs, in the same manner as he is required to deposit and account for the ordinary revenues of the city. No. 877. (16.) He shall perform all such other duties as other duties, may be imposed upon him by the common council. No. 878. (17.) He shall, before entering upon the duties of oath and bond, his office, take the oath required by the city charter, and shall furnish bond for the faithful performance of the duties of his office, in the sum of fifty thousand dollars, with one or more sol- vent sureties to the satisfaction of the common council. No. 879. (18.) He shall receive a salary of five thousand His salary, dollars per annum for his services. No. 880. (19.) He shall appoint by and with the advice and Clerks, etc. consent of the board of aldermen, the following clerks, for whose acts he shall be responsible to the city, viz : One assistant treasurer, who shall give abend to -said treasurer, for his faithful performance of his duties, in the sum of ten thousand dollars with good and solvent surety or sureties to the satisfaction of said treasurer. • Said assistant treasurer shall re- ceive an annual salary of two thousand four hundred dollars. 2. One bookkeeper, who shall receive a salary of fifteen hun- dred dollars per annum. 3. Two clerks for the issue of licenses, etc., who shall each receive an annual salary of twelve hundred dollars. 4. One assistant clerk who shall receive an annual salary of nine hundred dollars. 5. One clSrk, as runner, etc., who shall receive an annual salary of four hundred and eighty dollars. No. 881. (20.) During the period for the collection of tax Additional clerks bills of each year, he may appoint, with the approval of the finance committee, such additional clerks, and for such a length of time, as may be required for said purpose, at a salary each not exceeding seventy-five dollars per month, and to be paid as is provided for in the case of the other clerks of the treasurer; and said treasurer shall be held responsible for the acts of said addi- tional clerks. §08 TREASURER. Repealing clause. No. 882. (21.) That all ordinances or parts of ordinances, contrary to the provisions of this ordinance be, and the same are hereby repealed. * City Ordinance, No. .3106. Approved Nov. 24th, 1856. » To receive only No. 883. It shall not be lawful for any treasurer of the city money, etc, « xt /^ i • • o t i > <» of New Orleans to receive in payment of any tax due the city of New Orleans, for the payment of the interest on the consolidated debt, or the interest on the bonds issued to any railroad company by the city, anything except money. That a printed copy of this resolution be hung in a conspicuous place in the office of the city treasurer. City Ordinance, No. 2645. To make daily No. 884. That it sball be the duty of tbe city treasurer to eposats, e c. deposit daily, in the bank chosen by the common council as the fiscal agent of the city, all moneys received by him on account of the consolidated loan tax, taxes for the payment of interest on bonds issued to railroad companies, and dividends received from railroad companies, in which the city is a stockholder. He shall also deposite in the same bank, as soon as said fiscal sgent shall have been appointed, all monies which he may have collected from sources herein enumerated, before the appointment of said fiscal agent: and the sums thus deposited by him shall be en- tered in separate bank books, each designating the special fund for which such deposite is made ; and he shall state said collec- tions and deposits in his daily reports to the comptroller, and in his weekly reports to the common council. City Ordinance, No. 2141, Art. 2. See "Fiscal Agent," page 107. His -weekly No. 885. That from and after the passage of this resolution repor s. .^ ^^^^ ^^ ^^ ^^^^ ^^ ^^^ ^.^^ treasurer, in making up his week- ly statements to the common council of the receipts and expen- ditures of the city, to state in said reports where the balance of cash on hand as shown therein, is deposited. Be it further Resolvedy that said report shall also exhibit a statement of the amount of bills receiveable on hand belonging to the city and where the same are deposited. City Ordinance, No. 2633. Chocks, how to No. 886. (1.) From and after the passage of this resolution e drawn. .^ ^^^^^ ^^ ^^^ ^^^^ ^^ ^^^ treasurer of the city of New Orleans, in drawing checks as treasurer of said city, to draw the same paya- ble to the order of the comptroller of the city, which check shall TREASURER. 309 also be countersigned by the comptroller and registered by him in a book especially set apart for that purpose. No.* 887. (2.) The comptroller of the city of New Orleans, check report, shall render weekly to the common council a detailed statement; showing for what purposes said checks were drawn. City Ordinance, No. 2634. No. 888. That the comptroller and treasurer be, and they are Acting treasurer, hereby authorised to appoint their chief clerks as deputies to represent them in cases of sickness or absence, provided that said deputies furnish bond and security in the sum of five thousand dollars for the faithful performance of their duties. City Ordinance, No. 190. For Comptroller's duties relative to the Treasury, see page 56. His duties relative to Fiscal Agent, see No. 332. Relative to Taxes, see No. 743. ACTS OF THE LEGISLATURE. Sec. 31. That the treasurer shall receive and safely keep, in such Duties and pow- bank as the common council shall, in joint session, and within one week ®^^ °^ treasurer, after its organization, elect, viva voce, all moneys, bills receivable, dues and assetts belonging to the corporation; except all moneys received by - him from the consolidated loan tax, taxes for the payment of interest on bonds issued to railroad companies in which the city is a stockholder. He shall deposit daily, in said bank, all moneys, bills receiveable, dues and asseUs, belonging to the corporation received by him, except as be- fore excepted. He shall pay on the warrant of the comptroller, and by checks drawn to order, countersigned by said comptroller, or, in case of said comptroller's absence or sickness, countersigned by said comp- troller's deputy; all claims against the city which the common council may authorise ; and in no case shall the treasurer pay any claim what- ever against the city, except in the manner set forth. He shall keep a check book in which the daily deposites of money made by him shall fully appear ; and he shall, each day, deduct therefrom the amount of the checks drawn by him, so that the balance in bank in favor of the city, shall at all times appear upon the margin of said check book. The treasurer shalPlake a receipt from each person in whose favor he draws a check upon the money of the city, deposited as above set forth; which receipt shall fully and clearly state the consideration for which the check receipted for was given. The treasurer shall balance his check book, bank book, cash book, and accounts with the comptroller, week- ly ; and he shall cancel, each week, and in the presence of the chairman of the finance committees of the common council, all warrants and evi- dences of claims against the city, which shall have been paid by him. He shall keep the books prescribed, and in the form prescribed, by the comptroller and chairman of the finance committees of the common council ; and all books kept by him, including his check book, bank 310 TREES. book, cash book, and all returned checks, and warrants, and evidences of claims against the city paid by him, and all receipts taken by him, shall be at all times subject to the inspection of the comptroller and chairman of the finance committees of the common council. He shall furnish the comptroller with a daily report, in writing, of the receipts and expenditures, and all the fiscal transactions of his of&ce ; and shall lay before the common council, at their regular meetings, a detailed re- port of the same, which shall be published. He shall deposit daily in the bank chosen by the common council, as the fiscal agent of the city, all moneys received by him on account of the consolidated loan tax, taxes for the payment of interest on bonds issued to railroad companies, and dividends received from railroad companies, in which the city is a stockholder ; and the sums thus deposited by him shall be entered in separate bank books, each designating the specific fund for which suah deposit is made ; and he shall state said collections and deposits in his daily reports to the comptroller, and in his weekly reports to the com- mon council. And generally, he shall perform all such other duties as may be imposed on him by said common council. He shall, before en- Bond and eecu- tering on the duties of his office, give bond, in such sum, and with ed^by treasurer! such securities as shall be approved by the common council, for the faith- Salary of tretts- ful performance of his duties ; and shall receive for his services an an- nual salary of five thousand dollars. — Acts of 1856, p. 145. For his election see acts of 1856, page 141, sect. 24 ; placed under "Officers," page 189. Acts 1856, page 159, sect. 106, placed under "Revenue," page 250. For suits for Taxe& and Licenses, see acts of 1856, page 159, sect. 107, placed under title of "Revenue," page 251. See acts 1855, page 231. urer. TREES. An Ordinance relative to Trees. Trees may be No. 889. (1.) Shade trees may be planted on the side-walks p an , e . provided they do not impede the passage, and ar#planted on a line with the street on which they are placed, and two feet from the outer street edge of the curbing, to be protected while small and liable to injury, by boxes one foot square, painted or white- washed. .But this privilege may be withdrawn by the common council whenever such treqs may injure or encumber the side- walk, or street, or impede the public passage. Persona damag- No. 890. (2.) All persons cutting, breaking, or damaging in mg em. ^^^ manner whatever, any tree or trees, planted in any square, walk, street, or other public place, or any trees planted by any VEHICLES. 311 private person on any banquette or side-walk, shall be fined not less than ten nor more than fifty dollars. No.. 891. (3.) All ordinances or parts of ordinances con- Repealing clause, flicting with the provisions of this ordinance are hereby repealed. City Ordinance, No. 3170. Approved, Dec. 23d, 1856. VEHICLES. In conformity to the twentieth section of an act of the legis- lature of this State, entitled ^^An act to amend an act entitled * An act to incorporate the city of New Orleans, ' approved February the 17th, 1805, and other acts amending the same, approved March 8, 1836,'' by which section, among others, the following power is vested in the common council, viz : To enact all police regulations of a general nature, the opera- tions of which shall be uniform in all parts of the city ; and by virtue of other powers, by law vested in them, the common council of the city of New Orleans ordain as follows, viz : No. 892. (1.) That no person shall run, or cause to be run. Not to run Tvith- within the limits of the city, any coach, gig, buggy, hack, hack- ^" ney coach, cab, cart, dray, tumbril, timber carriage, and other carriage or vehicle, let for hire, for the transportation of persons, produce, effects, merchandise, and other objects generally, what- ever, without first obtaining a license therefor from the mayor of the city, for each of the above carriages and vehicles, under the penalty of not less than ten, nor more than one hundred dollars for each and every contravention of the provisions hereof. No. 893. (2.) The mayor shall cause to be inserted in a The mayor's list, book, which he shall keep for that purpose in his office, the names and christian names of each proprietor of carriages and vehicles above designated ; the place of his or her residence ; the number of each license which shall be delivered, and the designation of each species of carriage or vehicle for which such license shall be delivered. No. 894. (3.) The term of each of said licenses shall expire License when to on the 31st day of December of each and every year, and must ^^^"^' afterwards be renewed on or before the 1st of February of each year ; and any and all persons failing so to renew their license as' aforesaid, are hereby prohibited from running or causing any such carriage or vehicle to be run as aforesaid, until they shall 31^ VEStdLtJg. Tax first to paid. he Paid yearly in advance. Responsibility for others. Numbers to be painted, etc. Penalty for neg- lect, etc. have renewed tlieir said license, as is by the present ordinance required, under the penalty of a fine of ten dollars for each and every time he, she or they shall run, or cause to be run, any ve- hicle or carriage as aforesaid. No. 895. (4.) No license shall be granted by the mayor, unless the party applying for the same shall first produce a re- ceipt or certificate from the treasurer, stating what tax or dues have been paid. No. 896. (5.) All taxes now imposed, or which may be hereafter imposed on any dray, coach, hack, cab, gig, buggy, wagon, cart, and other carriage or vehicle, shall be paid yearly in advance to the proper ofiicers. No. 897. (6.) Every person who shall take out a license as herein before directed, shall be responsible for all persons who shall run with his number or license, unless a declaration shall have been made by him before the mayor, stating the name of the party substituted to his license, his residence ; and such per- son so substituted shall be bound in the same manner as if he had taken out such license in the first instance ; and every per- son contravening shall pay a fine of from ten to twenty-five dollars for each and every contravention. No. 898. (7.) Each and every person taking out a license for the running of any dray, cart, tumbril, wagon, timber cart, furniture car, bread or brick cart, or other carriage or vehicle, let for hire, for transportation of produce, effects, merchandise and other objects generally, shall, before running the same, cause the number of said license to be painted in white figures on tin or iron plates, painted black in oil, each figure to be at least two inches high, in Arabic characters, and placed on each shaft of such cart or dray, as aforesaid ; and must also cause such num- bers to be branded by the proper officer on each shaft of such dray ; and all carriages, cabs, etc., as aforesaid, shall have the number of their license painted on the lamps, in figures at least two inches high -, and every person contravening to this article, shall pay a fine of ten dollars for each contravention, besides a fine of fifteen dollars for each week that he or they shall con- tinue to keep for hire or let any of said carts, drays, etc., aforesaid, without their being so numbered and branded as aforesaid. No. 899. (8.) Any person who shall run, or cause to be run, within the limits of this city, any dray, cart, cab, hack or other carriage or vehicle whatever, with false numbers, or who shall have affixed the same number to two or more vehicles, shall pay VEHICLES. 313 a fine of not less than ten dollars, and not more than one hun- dred dollars, for each offense. No. 900. (9.) That the present and future contractors for Branding branding drays, carts or other vehicles, as is required by this ordinance, shall receive compensation according to the terms of their several contracts, for each vehicle so branded, which sum shall be paid by the owner of such vehicle. No. 901. (10.) No dray, cart, or other vehicle whatever Contractors on'y shall be branded except by the contractor or contractors for said purpose ; and any person branding, or causing to be branded, any dray, cart or other vehicle other than by said contractor or contractors, shall pay a fine of one hundred dollars for each contravention. No. 902. (11.) Whenever the number of any dray, cart. Defaced numbers cab, coach, hack or other carriage or vehicle shall be erased or defaced by time or some other causes, so that it cannot be dis- tinctly decyphered, the owner of such vehicle aforesaid shall have his number immediately reinstated ; and in case of his neglect or refusal so to do, he shall pay a fine of from ten to twenty-five dollars for each and every contravention of this arti- cle, or be imprisoned from seven to fourteen days.' No. 903. (12.) Any drayman, carter, or other driver of any Fast driving, cart, dray, wagon, tumbril, lumber cart, wood cart, brick cart, or other vehicle whatever, public or private, who shall be guilty of running his horse or horses, mule or mules, through any of the streets of the city of New Orleans, or driving at a faster gait when loaded than a walk, and when not loaded at a greater speed than a stow trot or pace, or shall turn any corner faster than a walk, shall be arrested and caused to pay a fine at the recorder's office of either of the districts of this city, of from ten to twenty- five dollars for each off'ense; and in default of payment of the above fine the said driver shall be imprisoned for a term of not less than seven nor more than fourteen days, if such driver shall be a free person; if a slave, he shall receive ten lashes, unless the fine imposed by this article be paid by the owner of said slave. And it shall be the duty of the chief of police to place a com- petent force on the principal thoroughfares of this city, to enforce the provisions of the above ordinance, and it shall be the duty of the officer making such arrest to have the vehicle and animal or animals placed in the nearest city pound for safety until called for by the owner. 40 SU VEHICLES. whnt vehicles in- No. 904. (13.) All owners or drivers of carts or wagons, or other vehicles used in selling, conveying brick, bread, beer, por- ter, ale, water, etc., within the limits of the city, shall be, and are hereby declared to be, liable to the same regulations and lia- bilities as the owners and drivers of drays, carts, etc., are by the . present ordinances, and they are expressly forbidden to drive through any of the streets or roads of the city at a greater speed than a slow trot, or turn the corner of a street or road at a gait faster than a walk, under the penalties add fines prescribed in the preceding article. Road regulations No. 905. (14.) It shall be the duty of all draymen, carters, coachmen, and all other drivers or persons driving any coach, carnage, cab, hack, gig, buggy, wagon, dray, cart, tumbril, or other vehicle whatever, whenever meeting any other carriage or vehicle, or any person on horseback, to take the right side of the street or road they may be in until such carriage or vehicle or person on horseback shall have passed, or until they have passed such carriage or person, and any person failing so to do, or in any manner contravening against this article, shall pay a tine of not less than five, nor more than twenty-five dollars, if a free person, and if a slave he shall not receive less than ten nor more than twenty -five lashes, unless the fine imposed by this article be paid J^y the owner of said slave, without prejudice to the re- covery of damages by persons who may have, sustained them. A^ridfiTits caused No. 906. (15.) That if any accident or injury shall happen \)y TtUicios. Qjj account of any drayman or cartman, horse or horses, mule or mules, dray, cart, coach, cab, gig, buggy or other carriage what- ever, while running, coming in contact with any peiso^i, it shall be the duty of such coachman, drayman, carter or other driver to stop and to render assistance, if necessary, and to give his name or that of his master, and place of abode, and number of his carriage or vehicle, and in default thereof, he shall pay a fine of from ten to twenty-five dollars, or be imprisoned from seven to fourteen days if free, or shall receive twenty-five lashes if a slave, unless the owner of said slave shall pay the fine imposed by this article. Tpfn^ni to ti-fltiF. No. 907. (16.) Carters, draymen, etc., shall not, under any rtna uiwichauu.so p^g^g^^ whatever, when unemployed, refuse to transport mer- chandise and any other articles whatever, on payment of the legal dues, under penalty of a fine of five dollars for each con- travention. VEHICLES. 815 No. 908. (17.) It stall not be lawful for any dray, cart, or otlier What constitute! vehicle, to transport in any of the streets or roads of the city, at one time, a greater load of one article than is fixed by the fol- lowing scale, viz : Five bales cotton. One hogshead tobacco. One hogshead or five barrels of sugar. Three barrels molasses. Ten sacks of 005*06. Five barrels of pork, or other salt provisions. Eight barrels flour. Five barrels or twenty kegs lard. Sixteen sacks corn. Ten barrels coal. Sixt33a lfj|;5 nails. Two cask^acon. Eight sacks salt. Two casks flaxseed. Ten barrels apples. Ten barrels potatoes. Eight barrels or four tierces hams. Twenty sacks oats. Two tierces rice. Ten coils bale rope. Twenty pieces bagging. Eight barrels loaf sugar. Five barrels mackerel. Five bales hay. Ten boxes or butts of tobacco. Five barrels tar. Five barrels rosin. One pipe brandy. Two casks wine or other liquor. Four barrels whisky or other liquor. Twenty pigs lead. Five hundred feet lumber on carts drawn by one horse, and fourteen hundred feet on carts drawn by two or more horses. When hauled by tumbrils or on timber wheels, the loads shall not be greater than the following, viz : Sixteen hundred feet pine or cypress lumber. Twelve bars railroad iron. 3 16 VEHICLES. Five hundred pound granite^ or marble, or other articles of a like nature. With the further privilege of hauling on a dray drawn by one animal, fifteen hundred pounds, and when drawn by two animals, twenty-five hundred pounds. Forbi'iden to No. 909. (18.) Evory drayman, cartman, or other driver of any dray, cart, wagon, car, or other vehicle, is expressly forbid- den, when driving through any of the streets or roads of said city, to leave their seats or quit hold of their reins, under penal- ty of a fine of ten dollars for each contravention, if such driver be free, and if a slave he shall receive ten lashes, unless his master prefers paying said fine. Penalty. No. 910. (19.) It shall be lawful for any person to arrest and stop any dray, cart, wagon, coach, cab, or other carriage or vehicle, found in contravention or violation of aiMt^of the pro- visions of this ordinance, and to conduct the same to the ofiice of the recorder of the district wherein such carriage, dray, cart or other vehicle may be found in contravention. Drivers using No. 911. (20.) Any proprietor, owner, or driver of a dray, cart, hack, cab, carriage', or any other vehicle whatever, who shall use violence or insulting language, or who shall oppose an unlawful resistance to any of his passengers or employers, or to any of the citizens, shall, on conviction thereof, pay a fine of twenty-five to one hundred dollars ; and if such driver be a slave, he shall receive twenty-five lashes. See No. 546. Competent court. No. 912. (21.) The fines imposed by the present ordinance shall be recovered before any recorder's court, justice of the peace, or any court in this city having jurisdiction, for the bene- fit of the city. Printing of this No. 913. (22.) .The mayor shall cause such articles of the present ordinance relating to hacks, cabs, coaches and carriages, to be printed in the French and English languages, on the back of each license delivered by him to owners of hacks, cabs or carriages ; and on the license delivered to the owners of drays, carts, tumbrils, wagons, etc., he shall cause to be printed such articles of this ordinance as relate to drays, carts, tumbrils, etc. Wi-Titohaye No. 914. (23.) This ordinance shall have^ full force and efi"ect and shall go into operation immediately after its adoption. B.anding. No. 915. (24.) That from and after the adoption of this or- dinance, the owner of every dray, cart, furniture cart, tumbril, ^tC; shall have the last numeral of the year that he may take VEHICLES. 317 out a license, branded in a circle on each shaft, by the contractor, under penalty of a fine of from ten to twenty-five dollars for each and every contravention, recoverable before any of the recorders, or any court of competent jurisdiction, for the benefit of the city. No. 916. (25.) All ordinances or parts of ordinances, con- Repealing clause, trary to or inconsistent with the provisions of this ordinance be, and the same are repealed. City Ordinance, No. 1913. Approved Dec. 22, 1854. For Teliicles on the canal landings, see No. 119. For couveyance of gunpowder, see No. 352. No. 917. Every omnibus shall be numbered in a conspicu- Omnibuses to b© 1 A 1 T • 1 /. numbered. ous place, the number to be oi the same dimensions as those tor a dray ; and every omnibus shall have lamps ; and for every con- travention of this section, the owner thereof shall pay a fine of twenty-five dollars. City Ordinance, No. 3124, sec. 67. No. 918. All drays, carts, omnibuses, trucks, and timber- vehicles to be wheels and wagons, shall be branded with their number, and the last numeral of the year in a circle ; provided, that owners of grocery, express, baggage and other private wagons shall not be compelled to have the same branded and numbered, but must have their name and residence painted in full on each side of said vehicle. City Ordinance, No. 3124, sec. 69. No. 919. From and after the passage of this ordinance, no Vehicles on cart, dray, or other vehicle, shall remain idly on the wooden part of any of the wharves of the city, under a penalty of five dollars for each offense ; and it shall be the duty of the wharfingers to order off, from said wooden parts of any of the whales, all or any idle cart, dray or other vehicle encumbering said wharves; and should the person or persons, thus ordered, refuse to obey, the said wharfinger shall cause to be arrested the person or per- sons thus contravening, and fined as afore-mentioned, which fine shall be recoverable before any court of competent jurisdiction, for the use of the city. City Ordinance, No. 2577. For vehicles in cemeteries, see No. 137. No. 920. That all ordinances and resolutions now in force. Requisite resi- requiring that a person should have resided six months in a dis- trict before he can obtain a license from the msCyor to run a pub- lic or private vehicle in the city, such as a dray, cart, truck, cab, dence. SIS VEHICLES. hack, or of any other description, be, and the same are hereby repealed. City Ordinance, No. 1859, City cartp, No. 921. All carts employed otherwise than temporarily by the street commissioner, the city surveyor, or by the contractors for cleaning the streets, shall have plates affixed on each side of them, on which shall be painted with legible letters, the words ^' city carts," under a penalty of five dollars for each offense, re- coverable before any court of competent jurisdiction, for the use of the city; and no cart whilst carrying such plates thereon, shall be used for private purposes,, under a penalty of ten dollars, recoverable as aforesaid. City Ordinance, No. 1823. Driving on cer- No. 922. ()-) T.t shall uot be lawful for any person or persons to n ge.e c. ^.^^ ^^ drive over the bridge across the Bayou St. John, nor any of the bridges across the Canal Carondelet or any other canal, at a faster gait than a walk, under the penalty of a fine of not less than five, nor more than twenty-five dollars for each offense, re- coverable before any competent court. Ordinance to be No. 923. (2.) Copies of this ordinance shall be posted on posted, etc. ^-^^ ^^^^ conspicuous placcs on said bridges. It shall be the duty of the keepers of said bridges to keep the same so posted, under a penalty of five dollars for each and every day they shall neglect so to do. Duty of police, No. 924. (3.) It shall be the duty of all police officers, po- licemen and watchmen, and the keepers of said bridges to see that the present ordinance be enforced, and to report all infrac- tions thereof to the recorder of the district wherein the same "may take j^ace, under the penalty of dismissal. Amended. See Nos. 926 and 927, (Ordinance 3012, below,) Repealing clause. No. 925. (4.) That all Ordinances or parts of Ordinances con- trary to the present be, and are hereby repealed. City Ordinance, No, 2920. Approved July 18, 1856. Amending No. No. 926. (1.) It shall be the duty of all police officers, po- licemen and watchmen to arrest all persons who may violate any of the provisions of the ordinance to which the present is sup- plementary, and take such person or^ persons before the recorder of the district wherein the offense may be committed, and upon due proof being made, such offender shall be condemned to pay the fine or penalty imposed by said ordinance. 922. VEHICLES. 319 No. 927. (2.) That the surveyor be, and he is hereby Surveyor's duty, instructed to cause to be painted in large letters, on some con- spicuous portion of each bridge, the penalty for fast driving over said bridges, in accordance with said ordinance. City Ordinance, No. 3012. Approved Aug. 22d, 1856. No. 928. (1.) From and after the passasre of this ordinance, Vehicle Ptationa 1 T . o IT 11- J' ^ n ^ first district. the stands or stations for public cabs and carriages, tor the nrst district of the city of New Orleans, shall be as follows : On either side and around Lafayette Square, comprising Camp, North, South and St. Charles streets — that is to say, to stand next the sidewalk around and adjoining said square ; on either side of St. Charles street, from Pbydras to Canal streets ; on the north side of Common, in front of the City hotel bar room, also in front of the Verandah bar room ; on the south side of Common street, from the corner of St. Charles to the extent of the limits of the St. Charles hotel ; and on the north and south sides of Canal, from the corner of St. Charles street to the swamp: provided, that all proprietors of hotels, storekeepers and owners and occupants of dwelling houses shall make no objection to any public cab or carriage to occupy such stand in front of his or their property or dwelling as aforesaid. No. 929. (2.) The stand or station for the second district of stations second the city of New Orleans, for the public cabs and carriages, shall be as follows : On the south side of Canal, from the corner of Royal street to the Swamp, next the neutral ground ; on the north side of St. Louis from the corner of Chartres street, in front of the St. Louis Exchange hotel ; also, on either side and around Jackson Square, next the sidewalk adjoining said square, viz : on St. Peter, St. Ann and Chartres streets: provided, that all owners, proprietors of hotels, storekeepers and occupants of private dwell- ings shall make no objection to any owner or driver of any cab or carriage to occupy said stand in front of their property as aforesaid. No. 930. (3.) The stand or station for the third district of stations third the city of New Orleans, for public cabs and carriages, shall be as follows, viz : On the west side of Elysian Fields street, from Victory to Levee streets ; provided said cabs, carriages, etc., shall not prevent the ingress and egress to and from all buildings on the street aforesaid ; also, on either side and around Washington Square, next the sidewalk on said square; provided, all proprie- tors of hotels, storekeepers, and owners of property, or tenants shall make no objection to any driver or own'er of any cab or car- riage to occupy a stand in front of said property as aforesaid. 325 VEHICLES. Their positions at stands. No. 93L (4.) All owners or drivers of public cabs or car- Pennityforuging nap^es, who sliall stoD or stand, or attempt to stand, other than other stands. ^ ' , ^ . ^ ^ for the immediate purpose of letting out or taking in a passenger or passengers, other than on the foregoing named places in the first, second and third sections of this ordinance, shall be liable to a penalty of not less than twenty-five dollars for each and every ofi"ense, recoverable before any court of competent jurisdiction, for the benefit of the city. No. 932. (5.) It shall be the duty of all owners or drivers of public cabs and carriages to leave a space between each inter- section or crossing of any street or streets on which they are per- mitted to stand, of at least fifteen feet between said cab and the crossing or intersection of said stand or streets ; and further, they shall be arranged in single lines, in rotation ; and in case of the removal of any cab or carriage, the next following shall be entitled to occupy said vacancy occurring from said removal ; and any owner or driver of any public cab or carriage who shall vio- late any of the provisons of this section of the ordinance, shall be liable to a fine of twenty-five dollars for each off"ense, recoverable as aforesaid. No. 933. . (6.) It shall not be lawful for any owner of any public cab or carriage to drive, or cause to be driven, any cab or carriage by any person under fifteen years of age, within the lim- its of the city ; nor shall it be lawful to employ more than one person to drive any cab or carriage, or to ride upon the seat or box of said cab or carriage^ unless a passenger ; nor shall it be lawful for any owner or driver of any cab or carriage to leave his •or their cab or carriage, or be at a greater distance than ten feet from the same, under a penalty of twenty-five dollars for each and every off'ense, recoverable as aforesaid. No. 934. (7.) It shall be the duty of all owners or drivers of public cabs or carriages, whenever the contractors or any others that may be employed to clean, wash, or scrape any street or streets, or gutters, on which said cabs or carriages may be entitled to stand or occupy, to remove the same, so as to allow said work to be performed ; and any owner or driver of such cab or carriage who shall refuse to remove or in any manner impede or prevent the performance of said work, shall be liable to a fine of twenty- five dollars for each ofi'ense, recoverable as aforesaid. Tariflf of charges No. 935. (8.) It shall be the duty of all owners or drivers of in cabs and car- , ,. , • , i • . , • riages. public cabs 01 camagcs to nave, in some conspicuous place m Drirerg, To remove, to clean streets. VEmCLES. 321 their cabs or carriages, a tariff of the rates of charges for convey- ing passengers to and from any part of the city; and in default, shall be liable to a penalty of twenty-five dollars for each offense, recoverable as aforesaid. No. 936. (9.) It shall not be lawful for any cab or carriaf^e, 'SnUo Ptnnd on ^ ^ '' ° Cliartre.. or dray, cart, or other vehicle, to stand on Chartres or Royal streets, Koyai sireeis. from Canal to Esplanade street, other than for the immediate purpose of loading or unloading, even with the consent of the property holders or tenants on said streets, under a penalty of not less than twenty-five dollars, recoverable as aforesaid. No. 937. (10.) Drays, carts, cabs, carriages or other vehicles. To stand on cross shall, with the consent of the owners or tenants of property, be allowed to stand on any and all streets perpendicular to the river, provided they do not obstruct said street or streets, and to be sub- ject to the same regulation, made and provided as in section seven of this ordinance. (11. ") It shall be the duty of the chief of police to see that all the provisions of the foregoing ordinance relating to the duty of all owners or drivers of cabs, carriages, drays, carts, and other vehicles, as far as relates to him, shall be strictly enforced, and report aay infraction of the same to the assistant attorney, who shall proceed to collect such fine or fines as may be imposed for the infraction of this ordinance, as aforesaid. (12.) That all ordinances or parts of ordinances contaray to Repealing clause the provisions of the foregoing ordinance be, and the same are hereby repealed. City Ordinance, No. 1722. Approved July 18th, 1854. No. 938. (1.) From and after the promulgation hereof, it Penalties, etc. shall not be lawful for any owner, driver, or person having charge or authority over a public hack, carriage, or cab for hire, to charge other than the following rates, under a penalty of not more than fifty dollars for each ofi'ense, unless the said driver be a slave, then the penalty shall not be more than fifteen dollars for the first offense, and fifty dollars for every offense thereafter, to be recovered before any court having jurisdiction thereof, the fines or penalties collected under this ordinance to be divided between the three municipalities, as provided for in the twenty-second section of an act entitled, *'An act to incorporate the city of New ^ Orleans," approved March 8th, 1836. No. 939. (2.) For every trip within the incorporated limits mck and rab of either municipality, or from the incorporated limits of one ^ '"^**''''' *^^' 41 322 VEHICLES municipality to the incorporated limits of tlie adjoining munici- pality, twenty-five cents for each passenger. From Esplanade street to the Ursuline Nuns' Convent, thirty- seven and a half cents ; and lower down pro rata^ according to the rates of distances hereinafter established. From the incorporated limits of the second municipality to the incorporated limits of the third municipality, or vice versa^ fifty cents for each passenger. For every trip out of the incorporated limits of either muni- cipality, to the incorporated limits of either of the other muni- cipalities, sixty-two and a half cents for each passenger. For every trip out of the unincorporated limits of one munici- pality to the incorporated limits of the adjoining municipality, sixty-two and a half cents ; provided the distance does not exceed twelve squares of the city proper ; then the charge to he pro rata. Charges at No. 940. (3.) After gunfire, the owner or driver (ff a carriage, hack, or cab for hire, shall be authorized to exact double the rates prescribed in the foregoing article for each passenger. Charges for the No. 941. (4.) For every trip from either municipality to the lake shore, via. the Bayou road, or Shell road of the New Or- leans Canal and Banking Company, five dollars for the whole carriage, not exceeding four passengers, and for a cab or gig three dollars, and one dollar for each and every hour after the first hour the carriage is detained by the passenger at the lake. City Ordinance. Approved July 1, 1840. Not to remain No. 942. Froiii and after the passage of this ordinance, it idle la streets. " ^ shall not be lawful for the owner or owners of any cart, dray^ waggon, carriage or other vehicle to suffer the same to remain in any of the streets or public ways of the city, during the day or night, unless the same shall be in actual use at the time, under a penalty of three dollars; and any such cart, dray, carriage or other vehicle shall be taken by the street commissioner or his dep- uties, by the day or night police, to the city pound of the district where so found in contravention, and be there kept for three days; and should the owner or owners of the same not claim and pay the fines on the 'same within three days after the same have been impounded, then it shall be the duty of the street commissioner to advertise and sell the same as provided for in the case ot . strays, in the third section of this ordinance, or he shall report . the same to the assistant attorney of the city. City Ordinance, No. 751, section &. For the "third section" referred to, see "Pounds," No. 681. VEHICLES. 823 No. 943. From and after the promulgatiou of this resolution, Pound few, the pound fees chargeable on any or all animals, of whatsoever description, arrested or impounded as strays, shall be one dollar each and the costs of feeding as is now provided for by ordinance No. 751, approved 6th April, 1853; and the pound fees charge- able on any dray, cart, wagon, carriage or other vehicle whether arrested or impounded as incumbrances, or in contravention of any existing ordinance, shall be one dollar, in addition to what- ever fine, if any, that may have been imposed for the contra- vention, by a competent court, said fine of one dollar, being- inclusive of the expense of hauling or transportation to the pounds. City Ordinance, Xo. 1870. For Ordinance No. 751, see ''Pounds," page 207. No. 944. Resolved y That the adjudications of four contracts Branding Tehii for branding drays, carts, etc., made by the comptroller on the ' 15th December, 1856, be approved, and the securities offered be accepted, as follows : For the first district, to Pelanne Bros., security Fco. Marquez, at fifteen cents. For the second district, to Joseph Scholl, M. Weisheimer security, at four cents. For the third district, to Joseph Scholl, M. Weisheimer security, at four cents. For the fourth district, to Pelanne Bros., Fco. Marquez security, at twelve cents. City Ordinance No. 3216. Approved January 7, 1855. For Vehicles at places of amusement, see No. 58. For Tax and License, see No. 706, 707, 708, etc. Relative to conveying Slaves, see No. 761. ACTS OF THE LEGISLATURE. See Acts of 1850, page 162, sect. 19, § 12. See Acts of 1850, page 165, sect. 24, § 2. DECISION OF SUPREME COURT. Carts, ■which a man uses for his own purposes in hauling water for sale, are not vehicles for hire, and, not subject to the ordinance imposing a tax on carts, drays, and other vehicles for hire. — 3 La, 248. WARDENS.— See "Master and Wardens,''' page 157. 324 WATER WORKS AN© OAS COMPANIES. WATER WORKS AND GAS COMPANIES. An Ordinance relative to the Commercial Water Works Company, and the New Orleans Gas Light Company. ObFtru-ting No. 945. (1.) It shall be the duty of the commercial watcf works company, and the New Orleans gas light company to place at the intersections of streets in which they shall lay dowa pipes, a barrier to prevent carriages, drays, carts and other vehicles from running on the same, until their works shall be completed in each square ; provided, the said company shall not be allowed to obstruct any street for a longer time than is now fixed by their charters ; and for every violation of this ordinance the contravening company shall be fined not less than twenty- five dollars a day during the continuance of the contravention, strpef comrois- No. 946. (2.) Whenever a street is to be newly paved, the Bion.iB aty. g^xeet commissioner shall immediately inform the water works company and the New Orleans gas light company of the fact, and the said company shall be requested to lay their main pipes before the paving is commenced. Paving and ban- No. 947. (3.) That whenever either of said companies shall quettmg. ^^^^ ^^ ^^^ banquette or paving for the purpose of laying pipes, such company shall, when repairing said banquette or paving, cause the earth to be rammed down and the banquette or paving put in good order and repair, under penalty of a fine of ten dollars for each and every day such company shall fail to repair and put such banquette or paving in order, after notice from the street commissioner. Repealing clause. No. 948. (4.) All ordinances or parts of ordinances conflict- ing with the provisions of this ordinance are hereby repealed. City Ordinance, No. 3171. Approved Dec. 23, 1855. See streets, No8. «I5 and 816. ACT OF THE LEGISLATURE. For Act of incorporation of water works company, see Acts of 1833, page 151. General powers. ^^c. 4. That all such persons as shall become subscribers to said company, their successors and assigns, shall be and are hereby created and made a corporation and body politic, by the name and stile of the Commercial Bank of New Orleans, and by that name shall be and are hereby made capable in law, to have, hold, purchase, to leceive in pay- ment of debts, possess, enjoy, and retain, to them and their successors, property aud estate of what nature, kind, or quality soever, or so far afi WATER WORKS AND GAS COMPANIES. 825 is necessary to carry into complete effect the object of this charter, which is declared to be the furnishing of the city with good and wholesome water ; and the same to alien, transfer and dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court or courts of record, or other place whatsoever , to have forever the exclusive privilege, from and after the passing of this act, of supplying the city and inhabitants of New Orleans and its faubourgs, with water from the river Mississi'Dpi, by means of pipes or Water works. conduits, and for erecting, constructing, or working of any necessary engine; and they may contract for, purchase or lease, the light to enter and pass through, from time to time, as occasion may require, any lands or grounds through which they may deem it necessary to convey the Baid water into said city and its faubourgs ; and to construct, dig or cause to be opened, any canals or trenches whatsoever, for the con- ducting of the water of the river from any place or places that they may deem fit, and to raise and construct such dykes, mounds, or reservoirs, as they may judge proper, for securing and conveying such supply of water, as aforesaid, to the said city and the faubourgs thereof; and to survey t>uch lands as they may think proper, in order to ascertain the bust mode of furnishing such supply, and to lay and place any number of conduits, pipes, and acqueducts, and to cleanse or repair the same, through or over any of the lands or streets of the city of New Orleans and its faubourgs , and also to have and use a common seal, and the same to break, alter and renew at pleasure ; and also, through their president and directors, to ordain, establish, and put in execution, such by-laws, ordinances, and regulations, as shall seem necessary and cou- veniont for the government of said corporation, not being contrary to this act, nor to the constitution and laws of the United States, or of this State, or ordinances of the city council of New Orleans ; and generally, to do and execute all such acts, matters and things, as to them shall or may appertain to do ; subject, nevertheless, to the rules, regulations, restrictions, limitations and provisions hereinafter specified and declared. Provided however, that at any time after the expiration of thirty-five ^^^g^ thirty-five years from the passage of this act, it shall be lawful for the corporation years corporation of the city of New Orleans to purchase from the Commercial bank of may purchase. New Orleans, the water works constructed by said company in virtue of this act — and said company shall not refuse to sell the works afore- said, with all the rights and privileges appertaining to the same, on the terms hereinafter provided. — Acts of 1833, p. 153. Sec. 11. That said company shall, within twelve months after the one hundred first election of directors, commence works, and commence to procure ♦l^ov"*"'* dollars , , . - ^ to be annually such materials, as may be necessary to enable them to furnish the inha- expended on the bitants of the city of New Orleans and its faubourgs, with sufficient ^^^^^ ^^^^^' water from the river at all seasons of the year ; and in order that the true intent and meaning of this act be strictly adhered to and complied with, and that the water works, contemplated to be constructed by said company, be completed in the shortest time practicable, under all the circumstances, the sum of at least one hundred thousand dollars 326 WATER WORKS AND GAS COMPANIES. shall be expended on the works aforesaid, annually, until the said company is in a situation to supply, and actually do supply, water to the greater part of the streets of the city proper, and the principal and most populous streets of the faubourgs — said expenditure to commence within one year after the passage of this act — so that the city of New Orleans and the faubourgs thereof, may be furnished with water in the streets, and such inhabitants may procure it by means of conduits or pipes, within their houses and lots, at a price to be regulated by the company : and should the said company fail or neglect either to commence or continue said works as aforesaid, then, and in such case, the charter Limitation of now granted shall be wholly null and void. Provided however, that the ^^° ^' net profits on the same shall not exceed an interest of fifteen per centum per annum, from the time of disbursements of said works ; and at such times as dividends shall be declared by the bank, say semi-annually, the interest on the sum expended in constructing said water works shall be added thereto, and shall form a part of the capital invested, until the net revenues on said works amount to fifteen per centum as aforesaid : City council of and provided also, that the city council of New Orleans shall have the New Orleans to „ . . , , „ , , appoint a com- power annually to appoint a committee, who shall have access to such ™^"®®' of the books of said bank as relate to the said water works company, and may make such extracts from the same as they think necessary .• and provided further, that at the end of five years after the first appro- priation, the said net profits shall not exceed ten per cent. — and in case said profits should exceed fifteen per centum during the first five years, and ten per centum afterwards, as provided for in this section, the city council shall have the power to reduce the price of water, in such a manner and in such a proportion, that the profits should never exceed the above mentioned rates. — Acts of 1833, p. 157. Rleht of corpora- Sbc. 21. That within the first thirty days that the books are opened leans to sub- ^0^ subscription, the corporation of the city of New Orleans may scribe. subscribe for five thousand shares of the capital stock of said company, not subject to deduction ; and for which the said company may receive the ^bouds of the mayor, aldermen and inhabitants of New Orleans, redeemable in forty years, bearing an interest not exceeding five per centum per annum, payable half yearly. To appoint two Sec. 22. That if, agreeable to the twenty-first section of this act, the corporation of the city of New Orleans shall subscribe for five thousand shares of the capital stock of the Commercial bank of New Orleans, then, and in that case, the city council of New Orleans shall annually elect by ballot, from the mayor, recorder and aldermen of said council, two persons, who shall be members of the board of directors ; and the stockholders shall only elect eleven instead of thirteen directors, as provided for in the third and sixth sections of this act, in which ProTiso. election the said city council shall not vote as stockholders. Provided, that nothing herein contained shall be so construed, as in any manner to impede, diminish or impair, the rights and powers granted to the city council of New Orleans, and to the committee to be appointed by them annually, by virtue of the eleventh section of this act. — Acts 1838, p. 160. WATEa WORKS AND GAS COMPANIES. 327 Sec. 38. That the corporation of New Orleans shall be supplied by Corporation of the said company, free of charge, with all water necespary for the.^g^y^,^jl^5j"^j*^ extinguishment of fires and other public purposes: nor shall, the city water free of ex- .,,,., , . , , , , pense, for publif council be subjected to any charge for water furnished to supply the pinposes. gutters of the said city and faubourgs : and that the said company, as they progress in laying acqueducts, shall place, free of any charge whatever, two hydrants of a proper construction, in front of each sqare, at a Hydrants to te suitable distance from each other, from which a sufficient quantity of IJ^^^ sqaure.'^ water may be conveniently drawn, for extinguishing fires, for wetting, washing and watering the streets and gutters, and any other public purpose : that on the squares which do not front on the river, the hydrants shall be placed on opposite sides of the streets, at an equal distance from each other and the corners ; that the said hydrants shall be of a proper size and made so as at all times to furnish water for the fire engines, and purposes herein mentioned: it shall further be the duty of said company, to supply water for all the purposes herein mentioned, at all times during the continuance of this charter, unless prevented by some unavoidable accident; and in case such shall occur, the repairs shall be made and the water again furnished at the expiration of the necessary delay ; and the said company shall supply a sufficient quantity of clear, pure and wholesome water for the use of the inhabitants, within the limits aforesaid, at the elevation of fifteen feet, when the same may be required. Provided however, that said hydrants shall be under the control of the Commercial bank. — Acts of 1833, p. 167. Sec. 42. That when, after the expiration of thirty-five years, the Price of the water said corporation of New Orleans shall be inclined to buy the said water "«^o»"k(», in the *^ • eventof purchfiiie works from the Commercial bank of New Orleans, the price shall be by the city, to be fixed by arbitrators, five of whom shall be chosen by the president and ^^jg ^ "^"^ ^^"" directors of the Commercial bank of New Orleans, and five by the city council of New Orleans ; said arbitrators not to be stockholders iii said company, nor members of the city council of New Orleans. Said arbi- trators shall take into consideration the value of the water works and grounds appertaining thereto, for supplying the city and faubourgs of New Orleans with water by the said company ; and if they agree, and so report, in writing, their award shall be binding on the respective parties. But in case of disagreement, the judge of the judicial district ^ court in -which the said water works are situated, shall appoint as umpires, five disinterested individuals as above, whose decision and award, in writing, reported to the judicial district court aforesaid, shall be binding and conclusive. And the amount so agreed upon, shall be payable in the bonds of the mayor, aldermen and inhabitants of New Orleans, bearing an interest of five per centum per annum, interest payable thereon semi- annually, and redeemable in not less than ten, nor more than thirty years from the day on which said award shall be signed, and the said water works delivered over to the said corporation of New Orleans. Sec. 43. That in case the mayor, aldermen and inhabitants of New goajg ^f ^^^y ^ Orleans, shall deem it unadvisable or inexpedient to purchase the said ^ renew«a in 328 WA*ER WORKS AND GAS COMPANiES. ca«ie of certain water works from the Commercial bank of New Orleans, as provided for aance. -^^ sections four and forty-two, and to notify the Commercial bank of New Orleans thereof, at any time within eighteen months thereafter, the bonds given by the mayor, aldermen and inhabitants of New Orleans, for the amount of stock owned by the corporation of New Orleans, shall be renewed by the Commercial bank of New Orleans for twenty-five years, on the same terms and conditions as provided for in sections twenty-one and forty-one of this act : provided however, the amount formed by the sinking fund herein provided, shall be applied to the payment of said bonds, as far as it will go, and the bonds only renewed for such balance as may not be made up by the sinking fund aforesaid. — Acts of 1833, p. 169. An Act to compel the Commercial Bank of New Orleans to comply with the terms of its charter. Sectiok 1. Be it enacted by the Senate and House of Representatives of Hydrants of the t^^^ State of Louinana in General Assembly convened, That the Corn- water works to jnercial bank of New Orleans shall cause to be opened, free of charffc, all r»e opened in con- r ^ o ? foi mity with the hydrants in the city of New Orleans, at such times and under such regu- general council lations as the general council of New Orleans may direct, for the purpose of New Orleans, q^ -yi^ashing the streets and gutters of the three municipalities of said city, and for the purpose of extinguishing fires, and for other public purposes. What extension Sko. 2. That the Commercial bank of New Orleans shall, immediately bank^s'bound'to ^^^^^ ^^® promulgation of this act, commence extending their water pipes give to its water until they include the wards, or reach the streets following, viz : In municipality number two, in the first ward, all the streets; in the second ward, in all the streets as far back as Hercules street ; in the third ward, all the streets ; in the fourth ward, all the streets as far back as Benton street ; in the seventh ward, all the streets as far back as Claiborne street ; from Canal street as far up as Common street, and as far back as 8t. Mary street, for the rest of the ward. In municipality number one, in all the streets of the second, fifth and seventh wards, as far back as Claiborne street. In municipality number three, in all the streets of the first ward as far back as Morales street; in the second ward, in all the streets as far back as Morales street ; in the third ward, in all the streets as far back as Greatmen street, and as far down as Elmire street. And Obligation of the that said bank shall continue the extension of said water pipes until all baEIir^t"*ipend, the Streets within said limits are supplied with water ; and in order to for the object eflfect Said object said bank shall annually expend and disburse one hun- aforesaid, $100- "^ ., i • i i ojo annually. dred thousand dollars for each and every year, until the said works, as herein described, shall be fully completed and in use. The general Sec. 8. That at any time after the promulgation of this act, upon the OrEs '^empow^ consent of a mrtjority in amount of the stockholders of the Commercial ered to purchase j^j^^jj ^f ^q^ Orleans, the general council of the city of New Orleans is the Water works > » >> ..... of the Conimer- hereby empowered to purchase, for the benefit of the three municipalities ^'"^'^' of said city, for a price to be contributed pro rata by and in proportion to the value of the works in each of said municipalities, the water works of the said bank, in the manner directed by existing laws. WHARFINGERS. 329 Sec. 4. That from and after the promulgation of this act the direc- Rights of the city tors appointed to represent the city of New Orleans in said bank shall tank. ™ ^ have the same rights in the board of directors as those appointed by the stockholders. Sec. 5. That until said works as described in the second section of No dividend to bo this act are fully completed and in use, no dividend shall be declared or t^e completion of paid to the stockholders, and none of the revenues of said bank shall be the aforesaid applied to any other purpose than the carrying on of said works described in said section of this act. Sec. 6. That immediately after the promulgation of this act the pres- Meeting of the ident of said bank shall call a meeting of the stockholders thereof, to de- be called, termine whether they will accept of the provisions of this act as supple- mentary to the provisions of the act of incorporation of said bank ; and in Acceptance of the - ..^ n.i^,,,, . ^ 1 ,, ^ .,,. ■ ^ provisions of this case of a majority of said stockholders m amount shall not, within ninety act. days from the promulgation of this act, file their acceptance, in writing, in what case the of the provisions of this act, in the of&ce of the secretary of State, then igZ^^^l foTThe the attorney general of this State is hereby instructed to institute and forfeiture of the carry on proceedings to obtain a decree of forfeiture of the charter and bank. all the privileges and franchises of said bank. — Acts of 1848, page 135. See acts of 1852, page 158. • decision of the supreme court. The act of April 1st, 1833, incorporating the Commercial bank, ex- empts from taxation nothing but the three millions of dollars furnished by the stockholders for its operations. The shares and other real property held by the bank, are liable to taxation. — 5 R. R. 151. WHAEFINGERS. No. 949. (1.) There shall be appointed by the coiiimon coun- Appointment of ^ '^ ^^ •' -wharfingers and cil, in the month of May, (or as soon after as practicable,) and assistants. every year thereafter, the following wharfingers and assistants, who shall enter upon the discharge of their duties on the first day of June. One wharfinger for the steamboats, steamships, flats, etc., of the first district. One assistant wharfinger for all that portion of the first district from the flatboat landing unto the upper line of said district. One wharfinger for the whole of the second district. Two assistant wharfingers for the second and third districts. One assistant wharfinger for the fourth district. Amended. See No. 355- No. 950. (2.) The assistant wharfingers of the first and pportsof assis- ^ ^ o ^ tant wharfingers. fourth districts shall make daily reports of the ai'rivals and 42 380 y WHARFINGERS. departures of all vessels, flats, etc., with their tonnage, to the wharfinger of the first district. The assistant wharfingers of the second and third districts shall also report in same manner to the wharfinger of the second district, Report of wharf. No. 951. (3.) It shall be the special duty of the wharfin- gers to make a weekly report to the comptroller of all and every description of vessels, their tonnage, etc., which may each day enter and moor within the limits of the port under their super- intendence; which weekly report shall be filed in the office of said comptroller for further reference and examination, in regu- lar rotation and dates. Office hours and No. 952. (4.) The wharfingers and assistants shall perform compensation, i ■, • -iti •• t li^ such duties as are now prescribed by existing ordinances, or that may be hereafter prescribed by the common council. The office of the wharfingers shall be open from sunrise to sunset (Sundays excepted.) They shall receive for compensation, fifteen hun- dred dollars per annum, payable monthly, and the assistants nine hundred dollars per annum, payable monthly. Bonds. No. 953. (5.) For the faithful performance of their several* duties, the wharfingers shall furnish bonds and security, in the sum of five thousand dollars each; and the assistants in the sum of two thousand dollars each. Repealing clause. No. 954. (6.) All ordinances or parts of ordinances, con- flicting with the foregoing ordinance, be, and the same are here- by repealed. City Ordinance, No. 54. Approved 28th May, 1852. Duty of wharfin- '^q. 955. That SO much of the Ordinance No. 54, creating the offices of wharfinger and assistant wharfingers, be, and is here- by amended so as to give to the wharfinger of the first district the control of the fourth district, and the supervision of the du- ties of the assistant wharfingers of the first and fourth districts, and the wharfinger of the second district the control of the third district and the supervision of the duties of the assistant wharfingers of the second and third districts. City Ordinance, No. 2237. Approved July 15th, 1855. Monthly pay- No. 956. That the wharfingers of the several districts, and the street commissioner be, and they are hereby directed and in- structed to return monthly pay-rolls of the persons employed by them, and now on the pay-rolls of the surveyor's department. City Ordinance No. 906. WHARFINGERS. 331 No. 957. (1.) No wharfinger or assistant wharfinsrer shall in Not to act as coi- 1, P 1 i lectoTB. any case act as collector oi levee dues. (2.) Any violation of this ordinance, or any section of this ordinance, shall subject the offender to dismissal from office. City Ordinance No. 2238, sects. 3 and 4. No. 958. The resolution of the common council passed in Laborers pay. March last, fixing the salaries of the laborers employed in the street commissioner's and surveyor's departments at thirty-five dollars, does not apply to the men employed by the several wharfingers, and that their salaries be as heretofore, forty dollars per month. City Ordinance No. 1147. No. 959. (1.) It shall be the duty of the wharfingers to Their weekly re- make a weekly report to the comptroller, of all and every des- cription of vessels, their tonnage, etc., which may each day enter and moor within the limits of the port under their superintend- ence, which weekly reports shall be filed in the office of said comp- , troller, for further reference and examination, in regular rotation. No. 960. (2.) It shall be their duty to keep a list of all To keep lists, vessels arriving within the limits of the city, to direct the moor- ing and landing of steamboats, flatboats and other vessels ; and they shall keep a regular account of the general transactions in the harbor, and for that purpose they shall keep well bound books, one for ships and other sea-going vessels, one for steam- boats, one for flatboats, and one for barges, keelboats and other craft, in which shall be kept a journal of the arrivals, arranged in such a manner as to present in one line the name of the vessel, the master or consignee, the tonnage or burden, the amount of duty to which said vessel may be subject, as well as the date of the arrival and departure thereof; and the said books shall be regularly posted every day. No. 961. (3.) Each wharfinger, in his district, is authorized To place yesseis, to point out the place and position any steamboat, flatboat, barge, keelboat, or any other craft shall take, at the part of the levee allotted to them, and in case any captain or officer in commancJ neglects or refuses to obey his orders and directions, given for that purpose, the said captain, owner, or officer in command shall be fined not less than twenty-five dollars, nor more than one hun- dred dollars for every day he shall continue to neglect of refuse to obey the orders of the said wharfinger. See No. 363. etc. 332 WHARVES, WHARFAPES, PORT, ETC. Goods, wares,etc.j No. 962. (4.) It shall be the duty of the wharfingers to see that all produce, goods, wares, and other articles landed on the levee, be laid as near as possible to the paved part of the levee, and that the bank of the river and wharves be neither obstructed nor encumbered; and the said wharfinger is authorized to give the necessary orders to all persons whom it may concern ,• and any person obstructing the passage, or the wharves or banks of the river, or neglecting to arrange his merchandise in such man- ner as shall b6 directed by the wharfinger, and shall refuse to remove the obstruction after notice, shall be fined not less than twenty nor more than fifty dollars ; and the wharfinger shall have authority to remove all obstructions, as provided in ordinance relative to pounds. See Nob. 1030, 1031, and "Pounds," p. 207. Repealing clause. No. 963. (5.) All ordinances or parts of ordinances, con- flicting with the provisions of this ordinance, are hereby repealed. City Ordinance, No. 3151. Approyed Dec. 19, 1856. For their duty relative to the batture, etc., see No. 68. " " " to flatboat basin, etc., see p. 110. See "Harbor Masters," p. 118. See " Master and Wardens," p. 157. WHARVES, WHARFAGE, PORT, ETC. Sale of revenue No. 964. (1.) Be it ordained, by the common council of the of wharves. v y ' ^ city of New Orleans, that the comptroller of said city shall, within sixty days after the passage of this ordinance, and the approval thereof by the mayor, and after twenty days notice thereof, given by publication in the ofiicial journal, adjudicate and sell at his office, to the highest bidder, and in accordance with the stipula- tions herein contained, the revenues of the wharves of said city, collectable under existing ordinances, upon all ships, vessels, steamships, steamboats, flatboats, and water craft, of any and every description whatsoever, for the term of three years, com- piencing on the 1st day of October, 1855, and ending with the 30th day of September, 1858. Wharves divided No. 965. (2.) That for the purpose of said adjudication and into SIX sections. ^^^^^ ^^^ wharvcs of Said city shrll be divided into six sections, as follo|rs : First section. See. Ist, shall comprise all the wharves and landings of said city, lying and being upon the Mississippi river and contained WHARVES, WHARFAGE, PORT, ETC. 333 within the upper or southern limit of said city, and the upper line of Felicity Road. Sec. 2(L shall comprise all the wharves and landings of said Second section, city, lying and being upon the Mississippi river, and contained within the upper limit of Felicity Road and the lower line of North Market street. Sec. 3d, shall comprise all the wharves and landings of said Third section, city, lying and being upon the Mississippi river, and contained within the lower line of North Market street, and the upper line of that part of the river front of said city, which is appropriated to the Canal street ferry. Sec. 4th, shall comprise all the wharves and landings of said Fourth section, city, lying and being upon |the Mississippi river, and contained within the lower line of that portion of the riverfront of said city which is appropriated to the Canal street ferry and the lower line of Toulouse street. Sec. 5th, shall comprise all the wharves and landings of said Fifth section, city, lying and being upon the Mississippi river, and contained within the lower side of Toulouse street, and the upper line of that portion of the river front of said city, which is appropriated to the Esplanade street ferry, and excepting therefrom that por- tion of the river front which is, or may hereafter be appropriated for a ferry, to an extent of not more than one hundred and fifty feet at the foot of St. Ann street. Sec. 6th, shall comprise all the wharves and landings of said Sixth section, city, lying and being upon the Mississippi river, and contained within the lower line of that portion of the river front of said city, which is appropriated to the ij^planade street ferry, and the lower or northern limit of said city. No. 966. (3.) That said comptroller shall adjudicate and sell how to be sold. as aforesaid, the revenues collectable, as aforesaid, within the va- rious sections set forth in the second section of this ordinance, separate and apart; commencing with section first, and ending with section sixth, as set forth in said second section. No. 967. (4.) That each and every person to whom shall be Subrogation of adjudicated and sold, as aforesaid, the revenues collectable, as aforesaid, within the various sections set forth in section second of this ordinance, shall be subrogated to all the rights and privi- leges of the city of New Orleans, to sue for and to collect said revenues. No. 968. (6.) That each and every person to whom shall be Vendee not to adjudicated and sold, as aforesaid, the revenues collectable as cht^V^ ^ ^^^' 334 WHARVES, WHARFAGE, PORT, ETC. aforesaid, within the various sections set forth in section second of this ordinance, shall not sell, transfer, assign, set over, or sub- lease his or their right, title or interest in the same to*ny person i or persons whatsoever; and that in case of any sale, transfer, ^ assignment or sublease made by any person or persons of the rights or interests acquired under and by virtue of this ordinance, such sale, transfer, assignment or sublease shall work a forfeiture of said rights and interests so acquired as aforesaid, and the same shall revert to the city of New Orleans. What the city re- No. 969. (6.) That the city of New Orleans reserves to her- self, and excepts from said sale, each and every ferry landing and ferry wharf now existing, and each and every nuisance wharf now existing, and all revenues arising from the same. The common council also reserves the privilege of changing the location of the ferry landing in the fourth district, provided the same shall not occupy more space than where it now is. Purchasers to ' No. 970. (7.) That each and every person to whom shall be give on s. adjudicated and sold, as aforesaid, the revenues collectable, as aforesaid, within the various sections set forth in section second of this ordinance, shall give bond, with good and sufficient secu- rity, to be approved by the common council, in an amount equal to one-fourth part of the price of said adjudication and sale, and conditioned for the true and faithful performance and fulfillment of all acts and obligations required to be performed and fulfilled on the part of said person or persons by this ordinance. To give promis- No. 971. (8.) That each and every person to whom shall be sory notes. ^ . adjudicated and sold, as aforesaid, the revenues collectable, as aforesaid, within the various sections set forth in section second of this ordinance, shall give therefor his or their promissory notes, endorsed to the satisfaction of the common council, in an amount equal to the purchase price of the revenues so adjudicated and sold, as aforesaid. How payable, No. 972. (9.) That the notes required to be given by section seventh of this ordinance shall be divided into a series of thirty- six in number, and made payable in fifteen days, one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty -seven, twenty-eight, twenty-nine, thirty, thir- ty-one, thirty-two, thirty-three, thirty-four and thirty-five months after date ; and that such of said notes as shall be made payable in the months of January, February, March, April, May and WHARVES, WHARrAGE, PORT, ETC. 385 June of each year, shall be drawn payable each in an amount equal to one-twenty-seventh part of the purchase price of the rev- enues so adjudicated and sold, as aforesaid, and that such of said notes as shall be made payable in the months of July, August, September, October, November and December of each year, shall be drawn payable each in an amount equal to one-fifty-fourth part of the purchase price of the revenues so adjudicated and sold, as aforesaid. No. 973. (10.) That each and every person to whom shall wharves to be be adjudicated and sold, as aforesaid, the revenues collectable as orderl'^ ^°° aforesaid, within the various sections set forth in section second of this ordinance, shall accept and take possession of the wharves, landings and levees contained within the section or sections whose revenues are to be adjudicated and sold on the 1st day of October next; that said wharves, landings and levees shall be accepted in the condition in which the same may be in on said 1st day of October next ; and that said person or persons, so ac- cepting and taking possession of said wharves, landings and levees, shall repair the same and keep the same in good order and condition during the whole term of three years, commencing with the said 1st day of October, 1855, and ending with the 30th day of September, 1858. Provided, that the lessees shall have no right to build any shed, warehouses or platforms on said levee, without the permission of the common council. No. 974. (11.) That the levees named in section tenth of how far levees to this ordinance, shall extend back to the line of the street or ^^*®^'^- streets fronting the river; that is to say the levee comprised within section No. 1, shall extend back to the line of Water street, from the upper line of the fourth district to Adele street, and to Tchoupitoulas and New Levee streets, from Adele street to Felicity road ; the levee comprised in section No. 2 shall ex- tend back to the line of New Levee street from Felicity road to Kace street, and to Front levee from Race street to North Market street ; the levee comprised in section No. 3 shall extend back to the line of Front street from North Market to Canal street; the levee comprised in sectiom No. 4 shall dl:tend back to the line of Front street from Caual to Customhouse streets, and to New Levee street from Customhouse to Toulouse street; the levee comprised in section No. 5, shall extend back to the line of Old Levee street; the levee comprised in section No. 6, shall extend back to public road or New Levee street. 336 WHARVES, WHARFAGE, PORT, ETC. Levee repairs in what to consist. Wharf repairs. Wharf repairs. No. 975. (12.) That the repairs of the levees required to be made under section tenth of this ordinance, shall consist in grading the same according to the grades already established ; in covering the same with hard substances, such as lake or oyster shells and gravel ; in keeping the same always in good order, by filling up all holes on their first appearance, with hard substances as above mentioned ; in filling up with river sand all parts of the same which may cave in or sink below the grades aforesaid ; and in keeping the bulkheads on the outside of the same, always in good order and condition. No. 976. (13.) That the repairs of the wharves required to be made under section ninth of this ordinance, shall consist in repairing all holes in the flooring of the wharves and inclined planes immediately on their first appearance ; in raising all por- tions of the wharves which may have sunk, or which may sink below the levels now established ; in taking out and renewing all caps and stringers, piles, fender piles, flooring, etc., which may be found rotten or decayed; in building anew all wharves, which, from general decay, may require the same; and in extending into the river all wharves which may require extension, so as to have at all times a depth of water of twenty feet at the water line of each and every wharf used for the landing and discharge of ships, and a depth of water of ten feet at the water line of each and every wharf used for the landing and discharge of steamboats. No. 977. (14.) That in making the repairs required by sec- tion twelfth of this ordinance, the piles used shall be of lake or river timber, of the best quality, eleven by eleven inches square at one end, and nine by nine inches square at the other end, and shall be driven from fifteen to twenty feet into the solid ground, at distances of ten feet from the centers ; the heads of the piles shall be squared according to the levels to be given by the city surveyor, and shall receive and support eleven by eleven inches square caps, which shall be strongly fastened to each of said piles with drag nails, one inch square by eighteen inches long. The stringers used shall be at least ten inches square, shall rest at right angles upon the caps, at distances of five feet from the centers, and shall be strongly fastened at each intersection with a cap with drag nails, one inch square by sixteen inches long. The planks used for the flooring shall be of yellow pine, of the best quality, twelve inches wide by three inches thick, and not less than fifteen feet long; they shall be strongly nailed to each of the WHARVES, WHARFAaE, PORT, ETC 337 stringers with seven inch pressed spikes, two at each end of eacli plank, and one at each intersection of the stringers. No. 978. (15.) That each and every wharf used for the land- wharf repairs, ing and discharge of steamboats, shall have an inclined plane projecting from the foot thereof, of at least thirty feet in width; that on the outside of said inclined plane, and adjoining the last row of piles thereof, there shall he driven a row of piles, which shall receive a cap eleven-by-eleven inches square, with nine inch tenants and mortices, and on the top of said cap shall rest a fender cap twelve inches square, which shall be fastened to the two other caps, at a distance of five feet, with screw bolts of one and one-half inches in diameter, and of suitable lengths ; that the four rows of piles of each inclined plane shall be braced every ten feet with ten-by-ten inch braces, which shall be fastened to each pile with screw bolts, of one inch diameter, and of suitable length ; and that each and every person who shall accept and take possession of said wharves, in accordance with section ninth of this ordinance, shall repair and keep in good order and condition, during the whole of said term of three years, such ininclined planes aforesaid as do now exist connected with the wharf or wharves so accepted and taken possession of; and in case there shall be no inclined plane as above required, at the time* of accepting and taking possession of said wharf or wharves, as aforesaid, then that each and every person so accepting and taking possession of the same, shall cause said inclined plane or planes to be built, at his or their expense, and shall keep the same in repair as aforesaid, during the whole of said term of three years. No. 979. (16.) That at each and every wharf used for the wharf repair?. landing and discharge of ships, a row of fender piles shall be driven, each pile ten feet apart, and fastened in a strong manner to the piles of the wharves with at least two screw bolts of one and a half inches in diameter ; that on the front of said wharves two fender caps shall be placed, one on a level with the flooring of the wharf, and the other at five feet above low water mark ; said fenders to be twelve-by-twelve inches square, and to be fastened to the piles of the wharf with screw bolts one and a half inches in diameter, and that each and every person or persons who shall accept and take posession of said wharves, in accordance with sec- tion tenth of this ordinance,shall repair and keep in good order and condition during the whole of said term of three years, such fender piles and fender caps as do now exist, connected with the wharf or 43 338 WHAKVES, WHARFAGE, PORT, ETC. Wharf repairs. Wliarf repairs. wharves so accepted and taken possession of; and in case there shall be no fender caps, as above required, at the time of accepting and taking possession of said wharf or wharves, as aforesaid, then that each and eVery person so accepting and taking possession of the same, shall cause said fender piles and fender caps to be driven and placed, as above required, at his or their own cost, and shall keep the same in repair during the whole of said term of three years. No. 980. (17.) That at each and every wharf used for the landing and discharge of steamships, fenders shall be driven at equal distances of twenty feet ; that each fender shall be com- posed of four poles cleven-by-eleven inches square, strongly fastened together and to the wharves, with at least six screw bolts of one and a half inches in diameter; that the four outside rows of piles of each and every wharf used for the landing and dis- charge of steamships and of ships, shall be braced every ten feet with ten-by-ten inch braces, which shall be fastened to each of said piles with screw bolts of one inch in diameter. And that each and every person who shall accept and take possession of said wharves in accordance with section ninth of this ordi- nance, shall repair and keep in good order and condition during the whole of said term of three years, such fenders and braces as do now exist connected with the wharf or wharves so accepted and taken possession of; and in case there shall be no fenders or braces, us above required, at the time of accepting and taking possession of the same, shall cause said fenders to be driven, and said braces to be made at his or their own cost, and shall keep the same in good repair during the whole term of three years. No. 981. (18.) That on all the wharves which shall be ac- cepted and taken possession of, in accordance with section ninth of this ordinance, mooring piles, twelve inches square, shall be driven as follows, to wit : On the steamboat wharves, single piles along the inclined planes at distances of forty feet from the cen- ters ; on the steamship and ship wharves, double piles whereso- ever the harbor master shall direct. That each of the aforesaid mooring piles shall be strongly fastened to the piles of the wharves, with at least ten sound bolts of one inch in diameter, and shall project three and a half feet above the flooring of the wharves, and that each and every person who' shall accept and take possession of said wharves, in accordance with section ninth of this ordinance, shall repair and keep in good order and condi- tion, during the whole of said term of three years, such mooring WHARVES, WHARFAGE, PORT, ETC. 339 piles as do now exist, connected witli the wliarf or wharves so accepted and taken possession of, and in case there shall be no mooring piles, as above required, at the time of accepting and taking possession of said wharf or wharves as aforesaid, then that each and every person so accepting and taking possession of the same, shall cause said mooring piles to be driven and fasten- ed at his or their own cost and shall keep the same in good repair during the whole of said term of three years. No. 982. (19.) That all works and repairs required to be works and re- done by this ordinance, shall be done binder the supervision of whose supervi- the surveyor and of the committee on streets and landings of the two boards of the common council ; and in case of refusal on the part of ^aid lessees, to make said repairs, it shall be the duty of the surveyor to have them made forthwith at the expense of saicnessees". No. 983. (20). That all works and repairs required to be Repairs and no- done by this ordinance, shall be done by the parties bound to do the same, without any delay after ngtice thereof is given by the surveyor, with the approval of the committee of streets and land- ings of the common council. No. 984. (21.) That the common council may revoke, set consequence of aside, and annul any sale, made under and by virtue of this ^^^^^ o repair. ordinance, of revenues collectable in either or any of the sections set forth in section number two of this ordinance, whenever the party or parties purchasing shall neglect or fail to make, within a reasonable time, the works and repairs required to be done by this ordinance, or may have the required work or repairs done at the expense of said party or parties, or may resell the said sec- tion or sections for account and risk of said defaulting party or parties. No. 986. (22.) That the common council may revoke, set Failure to pay aside and annul any sale made under or by virtue of this ordinance, of revenues collectable in either or any of the sections set forth in section number two of this ordinance, whenever the party or parties purchasing shall neglect or fail to pay at maturity any note given in part p'ayment of the purchase price of said revenues collectable as aforesaid, and thereupon the city may take imme- diate possession of the wharf or wharves, landings and levees, within said section or sections, as are described in section number two of this ordinance, and proceed to collect the revenues coUec table within the same. S40 'WHARVES, WHARFAGE, PORT, ETC. Spars, timbers, No. 986. (23.) That each aud every person who sliall accept p an s, e c. ^^^ ^^^^ possession of the aforesaid wharves, in accordance with section ten of this ordinance, shall be furnished by the surveyor with an inventory of all spars, timbers, stage planks, etc., used for mooring vessels and for stagings for vessels, and shall give to the surveyor a receipt for the same, and shall at all times keep on hand for the use of vessels a sufficient supply of the same, and shall return to the city at the end of their lease an inventory of equal amount and value of the same. ReaponsiUiity io No. 987. (24.) That «ach and cvcry person wlio shall accept damages. ^^^ ^^^^ posscssiou of the aforcsaid wharves, landings and levees in accordance with section tenth of this ordinance, shall be re- sponsible for all damages which may be claimed of the city by any party or parties who may sustain injury in consequence of the neglect of the aforesaid person or persons, to comply with the requireulcnts of this ordinance. Removal of mer- ^0. 988. (25.) That no person or persons, to whom shall be c andise,eto. adjudicated and sold, as aforesaid, the revenues collectable as aforesaid, within the various* sections set forth in section second of this ordinance, shall order oif or remove from any wharf or wharves within either of said districts, any articles of freight or merchandise landed upon the same from any steamboat until twenty-fours after said steamboat shall have fully discharged her cargo. See "rounds," p. 207.1 Toiicc reguia- • No. 989. (26.) That all the aforesaid wharves, landings aud agrdues^ ^^^^^' Icvccs, shall coutinuc subject to the police regulations now gov- erning the same, aud under existing ordinances, and no change shall be made without the consent of both parties ; that all ships and other water craft shall pay the dues, collectable under exist- ing ordinances, to the lessee of the revenues of the district in which they fall due, and that in case of removal of any ship or water craft from one district to another, the dues so collectable shall be divided pro rata between the lessees of the revenues of the district in which the ships or vessel may lie, according to the number of days said ship or vessel shall lie and be within the several districts. Saie^ not to be No. 990. (27.) That no adjudication or sale of the revenues collectable as aforesaid, within the various sections set forth in section second of this ordinance shall be valid, unless the aggre- gate amount of all the sales to be made as aforesaid equals the sum of three hundred and fifty thousand dollars. valid, etc. WHAHVES, WHARFAGE, PORT, ETC. 341 No. 991. (28.) The common council shall have the right to RiKhtto reject n ^ -I- T ' 1 • n ' • i ^ adjudications. reject any or the adjudications made m conformity with the present ordinance. No. 992. (29.) That all ordinances and parts of ordinances, Repealing clause, rules and regulations that are contrary to the provisions of this ordinance be, and the same are hereby repealed. City Ordiaance, No. 2364. Approved August 16, 1855. No. 993. (1.) From and after the passage of this ordi- Wharfage dues, nance, the levee or wharfage rates on ships or othep sail vessels, steamships, steamboats, flats, mrges and other crafts, shall be fixed as follows : On all ships or sail vessels of one thousand tons and under, twenty-five cents per ton. Excess of tonnage over one thousand tons, twenty cents per ton. On all steamships, seventeen and one-half cents per ton. On all steamboats of one thousand tons and under, fifteen cents per ton. Excess of tonnage over one thousand tons, ten cents per ton. On each flatboat not measuring over eighty feet, ten doUai-s. On each flatboat measuring over eighty to one hundred feet, twelve dollars. On each flatboat measuring over one hundred feet, fifteen • dollars. ^ On each barge more than seventy feet long, twelve dollars. On each barge less than seventy feet and not exceeding fifteen tons burthen, eight dollars. On each steamboat hull used as a barge, twenty-five dollars. On each scow and coastwise pirogue, two dollars. For every flatboat, barge, or other vessel^ not including steam- boats, employed in transportation of brick, lumber, or other building materials, or in bringing produce from this and neif>-h- boring parishes to the city, and measuring not over ftwenty-five tons, the levee and wharfinger dues shall be thirty dollars per annum. From twenty-five to fifty tons, sixty dollars per annum. Over fifty and not exceeding seventy-five tons, eighty dollars per annum. Over seventy-five and not exceeding one hundred tons, one hundred and twenty-five dollars per annum. Over one hundred tons, two hundred dollars per annum. Amended, see No. 999, et seq. 342 WHARVES, WHARFAGE, PORT, ETC. Small crftft. No. 994. (2.) Eveiy proprietor of any small craft of the description above mentioned, wlio shall desire to enjoy tlie privilege accorded by tlie present ordinance, must apply to the treasurer of the city of New Orleans for the purpose of obtaining a license, approved by the mayor and countersigned by the comptroller, which license shall specify the number or name of such craft, which shall be painted in a conspicuous place on the side of said craft. How long to re- No. 995. (3.) Hereafter it shall not be lawful for any main in por . pirogue, flatboat, barge,j^boat or keelboat, to remain in port longer than eight days, under the same provisions and penalties contained in article three of an ordinance of the general council, approved May 26, 1843. How long to re- No. 996. (4.) That the payments on levee dues on ships, main m port. ^^, g^- j y^gg^jg^ steamships or steamboats, shall be exacted and collected by the collectors of levee dues, and an extra duty of one-third these rates shall be paid by all sail vessels or steamships which may remain in port over two months, the same to be recovered at the commencement of the third month ; and if over four months, an additional duty of one-third these rates. Steamboats shall be entitled to remain thirty days in port after the payment of the dues. All over five days to pay an additional duty of two dollars per day. No. 997. (5.) That all vessels now in port, and that have paid a daily or weekly wharfage, shall be allowed (and the col- lectors are hereby authorized) to deduct the amounts so paid from the rates now to be collected. Repealing clause. No. 998. (6.) All ordinances or parts of ordinances con- flicting with the foregoing be, nnd the same are hereby, repealed. City Ordinance, No. 279. Approved Sept. 21, 1852. The Office of Collector has been abolished by Ordinance, No. 2420. Wharfage dues. No. 999. From and after the first of January, 1853, the levee or wharfage dues on ships, and other decked vessels, and steamships, arriving from sea, shall be fixed as follows : On all vessels of one thousand tons and under, twenty cents per ton ; and excess of tonnage over one thousand tons, fifteen cents per ton. On all steamships navigating the Grulf of Mexico or the ocean, fifteen cents per ton. Wharfage dues. '^^- 1000. (2.) From and after the first of January, 1853, the levee dues on all steamboats which shall moor or land in any part of the port of New Orleans, shall be fixed as follows : WHARVES, WIIARrAGE, VOMj ETC. 84^ Ten cents per ton, if in port not over five clays ; and five dollars per day after said five days sliall have expired. Provided that boats arriving and departing more than once in each week shall pay only seven cents per ton each trip. Amended. See No. 1002, No. 1001. (3.) From and after the first of January, 1858, Wharfage dues. the levee dues on flatboats, barges, etc., fully or in part laden with produce, materials, or merchandise of any kind, shall be as follows : Flatboats, not measuring more than eighty feet, eight dollars ; eighty to one hundred feet, "5- third and fourth districts, set apart for such purposes, viz : cotton, hay, grain in the ear, apples, potatoes, lumber, hoop poles, staves and mixed hay grain in cargoes for trading purposes. ]5oats other- wise loaded may land as heretofore, in the respective districts. City Ordinance, No. 661. Approved March 5, 1853, S«e Flatboat Basin p. 110. 44 346 WHARVES, WHARFAGE, l>ORa:', ETC. Steamship land- No. 1017. That resolution No. 899, authorizing the survey- or to prepare wharf No. 1, in the first district, for the accommo- dation of steamships be, and the same is hereby repealed. That the surveyor be, and he is hereby empowered to prepare and connect wharves Nos. 2 and 3, in the first district, for the accommodation of steamships. City Ordinance, No. 1102. Extension of No. 1018. (1.) That the steamboat landinp; of the second steamboat land- ^. . ^ ^ . • i i i i • i i ii ing. . district be, and the same is hereby extended so as to include all that portion of the landing of said district lying below said steam- boat landing and Jefferson street, and from thence to the steamship wharves of the said district, shall be a landing for schooners bringing sugar. Amended. See No. 1021. Schooner landing No. 1019. (2.) That the present towboat landing in the third district be, and the same is hereby set apart for and de- clared to be a landing for schooners. Towboat landing. No. 1020. (3.) That the three wharves for the accommodation of towboats be built under the contracts to be sold for building and repairing the wharves, to be located below Independence street. (4.) That this resolution shall go into effect as soon as said towboat wharves shall be completed. City Ordinance, No. 1588. Approved June 23, 1854. Amending No. No. 1021. That Ordinance No. 1588, passed June 24, 1854, providing for the removal of the Picayune Pier from the second district be, and the same is hereby repealed. City Ordinance, No. 1843. Schooner and No. 1022. That the present landing of sca-going schooucrs, ing! except coasters to Barataria, Attakapas and Calcasieu (commonly called lower Picayune Pier) be removed to its former place, say opposite the meat market, between St. Ann and Dumaine streets, and that the landing of steamboats and coasters be extended to the foot of Jefferson street. . City Ordinance, No. 1977. Whereas, The regular steam packets between this port and Natchez, Vicksburg, Lake Providence, Princeton and Memphis, have hitherto been much inconvenienced, and have sustained great loss of time and money by the uncertain and limited accom- modations of levee room, in the discharge of their cargoes, and Whereas, By the encroachments upon the levee by the sale of batture property of the past season, by which it has been greatly curtailed, much fear is apprehended by the proprietors of the WHARVES, WHARFAGE, PORT, ETC. 347 aforesaid packets, that the difficulty of obtaining such landing and levee room as will insure the discharge of the cargoes, will be much increased, and Whereas, In consequence of the large amount of wharfage paid weekly and semi-monthly by the packets for nearly the entire year, all reasonable and proper facilities should be granted them ; therefore, be it, No. 1023. Eesohed, That from and after the first of Sep- steam packet tember next, until the first of March, three hundred feet front ^^^^^°°- of the wharf immediately adjoining and below the steamship landing, in the first district, be appropriated exclusively for the use of the aforesaid regular cotton packets, and that the wharf- master of the first district be authorized to protect the boats in the rights and privileges granted in this resolution. City Ordinance, No. 1125. Approved July 28, 1853. No. 1024. That as soon as the new nuisance wharf of the Pirogue landing, second and third districts shall be built, the wharf in front of Jackson square, near St. Ann street, be, and the same is hereby appropriated to the use of pirogues and other small craft. City Ordinance, No. 898. No. 1025. That permission be, and the same is hereby, given Dry dock and tax to Messrs. Snow, Grliddon & Co., to occupy, for a dry dock, one thousand feet of the levee of the third district, (commencing at the centre of the property formerly belonging to M. Andress, and extending downward,) for the space of ten years from the date of the approval of this resolution; on condition that said Snow, Gliddon & Co. shall annually pay into the city treasury the sum of one hundred dollars, and shall keep the levee in front of said dry dock in constant good repair to the satisfaction of the surveyor. City Ordinance, No. 665. No. 1026. That a space of two hundred feet, commencing at steamboat land- the upper line of the city, and from thence running downwards, ^°^* be set aside as a steamboat landing, for the landing of stock, etc., and to be called ''The upper steamboat landing.^'* Lafayette Ordinance, 1841, page 115. *It was thought that no new ordinance could be framed from the old ordinances relative to the several landings of different vessels, and the rules governing them and the port, without affecting the rights of the purchasers of the wharf contracts ; and the old ordinances of the several corporations are entirely too numerous, vague and contradictory for insertion in this work. We can here merely indicate the works in which they may be found. — See Warfield's Digest of Ordinances, page 110 and 111 ; Southmayd's Digest of Ordinances, page 370 ; Collens and Morel's Digest of Ordinances, page 149 ; Lafayette Ordinances, page 44 and 49 ; Ordinances of Second Municipality, No. 2553. 348 WHARVES, WHARFAGE, PORT, ETC. NUISANCE WHARVES AND BOATS. No. 1027. (These ordinances could not be incorporated in this work— they are Nos. 49, 242, 359, 822, 921, 1109, 1182, 1389, 1501, 1542, 2267, 2598, 2660, at the City Hall.) Vehicles on ■wharves. Schooners. No. 1028. All licensed schooncrs, or Other craft trading ex- clusively on the Mississippi river, and which may moor to the wharves of the city of New Orleans, shall not remain at the wharves of said city longer than eight days, after which time, when ordered off by the wharfingers, they shall in case of refusal to obey, be liable to a penalty of five dollars per day, for each and every day they may remain after having been ordered off as aforsaid, said penalty recoverable before any court of competent jurisdiction. City Ordinance, No. 2229. No. 1029. From and after the passage of this ordinance, no cart, dray, or other vehicle shall remain idly on the wooden part of any of the wharves of the city, under a penalty of five dollars for each offense ; and it shall be the duty of the wharfingers to order off from said wooden parts of any of the wharves, all or any idle cart, dray or other vehicle encumbering said wharves ; and • should the person or persons thus ordered refuse to obey, the said wharfinger, shall cause to be arrested the person or persons thus contravening, and fined as aforementioned, which fine shall be recoverable before any court of competent jurisdiction, for the use of the city. City Ordinance, No. 2577. See '-Pounds," p. 207, and "Vehicles," p. 311. Salt on levee. No. 1030. Under the direction of the wharfingers, the article of salt may be, and the same is hereby, permitted to remain on the Levee in such places between the wharves as said wharfingers may designate, for a period of not more than fifteen days, under a penalty of not less than twenty-five dollars, nor more than one hundred dollars per day for every day thereafter it so remains, . recoverable before any court of competent jurisdiction. City Ordinance, No. 490. See "Pounds," p. 207, and No. 962. ir/iereas, by a resolution of the late first municipality council adopted at their sitting of 17th July, 1851, permission was grant- ed to the U. S. Mail Line Steamship Company to discharge and. WHARVES, WHARFAGE, PORT, ETC. 349 land coal on the levee for the use of said steamers; And whereas, the large quantity of coal constantly deposited under this permis- sion proving seriously detrimental to the levee and to the injury of the contractors for keeping in repair the levee and wharves, and is beyond what was contemplated, be it therefore, 1031. Eewloed, That the permission granted to the U. S. Coai on levee. Mail Steamship Company to discharge and land coal on the levee for the use of said steamers be, and the same is hereby, so modi- fied that no greater quantity of coal shall at any one time be landed on the levee than may be considered by the city surveyor safe for the levee to bear, said U. S. Mail Steamship Company being also bound to make good all injuries arising from said deposit of coal; and any infraction of this resolution shall be deemed sufficient cause to annul the permission so granted to said U. S. Mail Line Steamship Company. City Ordinance, No. 309. * See "Pounds," p. 207. No. 1032. That the use of horses for loading and unloading iiorses for load- of vessels in the second district be, and is hereby, permitted under ^°^' such regulations as the wharfinger of the district may direct. City Ordinance, No. 713. For "Canal" regulations, see page 32. Por Flatboats, Basin, etc., see page 110. ACTS OF THE LEGISLATURE. An act to amend an act entitled ''An act to amend the act entitled "An act to incorporate the city of New Orleans," approved February 17, 1805, and other acts amending the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened. That all vessels Vessels arriving arriving in the port of New Orleans from sea, shall be considered as considered as ar- having first moored within that municipality wherein they shall first n\^ipfiity^^^^^re have commenced discharging their cargoes, or shall have remained they first dis- forty-eight hours, and the removal of any such vessels, steamboats or ° other crafts from one part of the port to another shall only be made in Removals how conformity to the ordinances that are now, or may hereafter be passed by the general council, and the wharfage shall be divided between the municipalities according to the ratio fixed -by said ordinances. — Acts of 1840, page 49. Sec. 24. (1 .) A uniform rate of wharfage to be paid by ships, steam- boats and other water crafts mooring or landing in front of all parts of the city : Provided, that the said rate of wharfage shall be a fixed sum for each and every entire day that the said ships, steamboats, and other water crafts, remain in the said port. — Acts of 1850, p. 165. 350 WHARVES, WHARFAGE, PORT, ETC. An act to amend the fifth section of an act entitled "An act to amend the several acts to incorporate the city of New Orleans," and for other purposes, approved March 9, 1827. Section 1. Be it enacted hy the Senate and House of Eepresentatives of Port how to be the State of Louisiana in General Assemble/ convened, That it shall be dty^councH^ ^^^ ^^^® ^^^^ ^^ ^^^ ^^^'^ council of New Orleans so as to regulate the port as to admit bhips and other sea vessels to moor along the levee, from the lower limits of the port as far up as St. Louis street ; so as to admit steamboats to moor along the levee between St. Louis and Gravier streets, and to appropriate a space, in a central part of the levee, not exceeding one hundred yards, for the exclusive accommodation of packet steamboats (navigating the waters of Louisiana) arriving and departing weekly on fixed days and hours. -»-Acts of 1835, p. 120. An act to provide for a landing for the water crafts of planters, bringing vegetables to market at New Orleans. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That one third of the space now granted by the city council of New Orleans for the landing of the water craft of butchers, of pirogues bringing vegetables, and of the peddlers' boats, shall hereafter be exclusively appropriated for the landing of water craft of planters bringing vegetables to the market of New Orleans, and that it shall be the duty of said city coun- cil to pass an ordinance to insure to the said water craft of planters the exclusive use of the space to them granted by this act, — Acts of 1830, page 88. DECISIONS OF SUPREME COURT. 1. — The erection of wharves before the city of New Orleans and its suburbs, at such places as commerce may require, is a legitimate exercise of municipal power. — 6 R. R. 349. 2. — The corporation have the power to prescribe what portion of the port shall be appropriated to particular craft and for what length of time they may remain ; and if they exceed such time, to consider them as nuisances, and cut them adrift or otherwise remove them. 3. — The ordinances of the second municipality of 1842, imposing a wharfage charge on all packages landed in or shipped from the limits of the municipality, do not conflict with the provisions of the United States Constitution, which give Congress the exclusive power to regulate com- merce.— 9. R. R. 324. 4. — The corporation is authorized to establish by ordinance a uniform rate of wharfage, to be paid by ships, steamers and other vessels, moored in front of any part of the city. — 2 Ann. 538. 5. — The authority to impose a wharfage, or charge on vessels moored in the port of New Orleans, to defray the expenses of the erection and maintenance of wharves and other works necessary for the loading and unloading of vessels, etc., is not inconsistent with any law WEIGHTS AND MEASURES. — INSPECTION OP. 351 of the State, or of the United States, nor with the Constitution of the United States.— 2. Ann. 538. 6. —So much of a quay as is necessary for the public use of loading and unloading vessels is public, and not susceptible of private ownership, but the rest may be private property. The word quay means the levee on the bank of the river, and the shore between the exterior of the levee and the water. — 5 La. 132. For other decisions, see "Batture," page 18; <'New Orleans," p. 165 ; ♦'Streets," page 292. WEIGHTS AND MEASURES— INSPECTION OF. ACTS OF THE LEGISLATURE. An act relative to the inspection of Weights and Measures. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in general assembly convened, That the Governor, Register to make at the expense of the State, shall procure or cause to be procured, one p^gt^ygar^^^oo^n complete set of copper weights, to correspond with weights of their as possible, like denomination used by the revenue officers of the United States, in their offices, together with scales for said weights, and a stamp or seal, with such device as the Governor may deem proper ; as also one com- plete set of measures, calculated for dry, liquid and long measures, of the same capacity, and length as those of their like denomination used by such revenue officers aforesaid ; which set of weights and measures together with the scales and stamps, shall be deposited in the office of the secretary of State, to serve as a general standard of weights and measures in this State. Sec. 2. That it shall be the duty of the Governor to nominate and Sealersofweighls by and with the advice and consent of the senate, appoint for each of how Appointed. ' the four districts of the city of New Orleans, a suitable person as a sealer of weights and measures, and he shall appoint in like manner, a person in each of the respective parishes of this State, each of whom Term of office, shall hold the office for the term of two years. Skc. 3. That it shall be the duty of the person thus appointed, to Duty of inspec- visit all places of business, in their district or parish for which they *°^^" are appointed, once in each year, and at any other time when on com- plaint or by request, their services may be required, and to inspect all weights and measures used in the places of business, and when found to correspond with the standard of the State, to seal them or to give a written certificate of their correctness ; but when found to disagree with the the standard of the State, the inspector shall forbid their fur- ther use, until they shall have been corrected, approved and sealed. It shall also be the duty of the inspectors to attend upon all calls made upon them for performing the duties of their office. o52 WEIGHTS AND MEASURES— INSPECTION OF. Penalty incurred Sec. 4. That it shall be the duty of each inspector to see that no neglecting cer- Other weights and measures but those established by law, be made use tain duties. ^^ within the limits of this State, and in case of negligence or breach on the part of the inspector, he shall be condemned to pay a fine not Regulations to be exceeding two hundred nor less than one] hundred dollars. The com- mon council ^^°^' ^^^ council of New Orleans are authorized to pass regulations or ordi- nances relative to the police of weights and measures, to insure within the city of New Orleans the execution of this law. Weights and Sec. 5. That each parish, as soon as practicable, shall be provided padsh.'^^'' ^^^^^ ^t the expense of such parish, with a set of weights and measures, and a stamp conformable to those hereinbefore set forth, the same to be kept by the parish recorder. Inspectors in N. Sec. 6. That the inspectors for the four districts of the city of New cure^weighte aud Orleans shall procure a set of weights and %ieasures at the expense of measures at ex- ^j^g ^^^^ pense of the city. -^ Sec. 7. That the appointed sealer of weights and measures shall be entitl ed to and receive the following fees : Fees. For each yearly visit and inspection of a full set of steelyards, or of scales with their weights, or of balances with their weights, or of a bushel measure and its parts, or of a gallon measure and its parts, or a set of yard-sticks, they shall receive twenty-five cents, and no more ; for sealing each weight and measure, five cents ; for the exami- nation of each platform scale, cotton and tobacco scale, and its apparatus, fifty cents, and for sealing the same fifty cents ; the fees in all cases to be paid by the owners of the weights and measures inspected and sealed. The stamp shall be impressed, and payment required for doing the same only on such as have not been stamped, or such as having once been stamped are found so defective as to require to be regulated with the standard. Vacancies, how Sec. 8. That in case of vacancy by death or resignation, the Gover- ^^^®^* nor shall have power to appoint. Inspectors power Sec. 9. That the inspectors only shall have the power to stamp and ^asures. ^ ^^^ weights and measures, and upon the stamp shall be the initials of the inspector's name. Penalty for buy- Sec. 10. That no person shall buy or sell any commodity whatsoever, anv"other*°sta/- ^J weight or measure, which does not correspond with the aforesaid dard. standard, or are not stamped after thd said parishes have procured the standard of weights and measures as aforesaid ; nor shall keep any such weights or measures for the purpose of buying or selling thereby, under the penalty of fifty dollars for each offense ; besides the forfeiture of the weights and measures found to be false, and of a fine of ten dollars when the weights and measures shall be found to be just though not stamped ; said fine to be recovered before any tribunal of competent jurisdiction ; one-half to the benefit of the informer, and the other half to the parish in which the offender resides ; all weights and measures seized shall be forfeited for the benefit of the stamper, who shall not return them into circulation until he has made them confor- mable to his standard. WORK-HOUSE, PRISONS, ETC. 353 Sec. 11. That whoever shall make, or cause to be made use of, or Penalty for using shall utter false stamps or seals, shall, on conviction thereof, be subjected ggaig.^ amps or to all the pains and penalties of forgery under the lavrs of this State. Sec. 12. That it is forbidden to sell or cause to be sold, measures and Penalty for sell- weights unless they have been tried and stamped, by persons appointed measures'and for that purpose, under the penalties imposed by the second preceding weights. section. Sec. 13. That the person appointed to inspect and seal weights and What assistance r rr l o inspectors may measures, may employ assistance when necessary, at their own expense, employ. but shall not commit their functions to a substitute without being subject to dismissal from office by the Governor. Sec. 14. That there shall be in this State, a dry measure, to be known Barrel, half and under the name of barrel, which shall contain three and a quarter bush- ^^^^ ^^ els, according to the American standard, and shall be divided into half and quarter barrels. Sec. 15. That coal shall be sold by the barrel or bushel measure ; Coal, by what grain shall be sold by the barrel, bushel or weight ; the legal weight of a ™^*s^^^ ^^^^- bushel of wheat shall be sixty pounds ; of a bushel of corn fifty-six Legal weight of a pounds ; of a bushel of oats thirty-two pounds ; of a bushel of barley ^^^"®^- thirty-two pounds, and of a bushel of rye thirty-two pounds. Sec. 16. That it shall be the duty of each inspector, in the city of Return to be New Orleans, to make quarterly returns under oath, to the treasurer of ^y inspectors to the State, of all the moneys collected for fines, together with a written gjjrer^**^^ ^^^^ statement thereof. Sec. 17. That all laws contrary to the provisions of this act, and all Certain laws re. laws on the same subject-matter, except what is contained in the Civil ^^^ ^^ ' Code or Code of Practice, be repealed, — Acts of 1855, page 360. WOODEN BUILDINGS— See " Buildings,'' page 30. WOEK-HOUSE, PEISONS, ETC. No. 1033. (1.) From and after the passage of this ordinance City police jail, the police jail of the second district shall be the police jail for the whole city of New Orleans, and all the commitments made by the recorders of the several districts shall be to said jail, and that the power of release shall be vested in the recorder who shall have made the commitment. No. 1034. (2.) That the offices of keepers of the police jails Certain offices of the first, third and fourth districts be, and they are hereby abolished. And the chief of police be and he is hereby directed 45 354 WORK-HOUSE, PRISONS, ETC. First district lock up. Warden and de- puty warden. to have all persons now in the police jails of the first, third and fourth districts, removed to the jail of the second district. No. 1035. (3.) That the building now used as a police jail of the first district be, and the same is hereby appropriated as an additional lock-up for said district. And all ordinances or parts of ordinances contrary to the provisions of this ordinance be, and they are hereby repealed. City Ordinance, No. 1621. No. 1036. (1.) From and after the passage of this ordinance, and annually thereafter, the common council shall elect one war- den and one deputy warden of the city work-house and prison, to take office on the first day of May. Duty of warden. No. 1037. (2.) It shall be the duty of the principal warden of the work-house and prison to keep in secure custody all the prisoners committed to the work -house and prison, according to law ; to superintend their labor and employment ; to keep a reg- ister of all the prisoners, and a list of all the tools and pro|)erty committed to his charge for the use of the prisoners, or manufac- tured by them, and to carry into efi'ect all ordinances of this council relative to the custody, feeding, employment and disci- pline of the prisoners. No. 1038. (3.) He shall furnish a quarterly statement of all expenses incurred, the amount of sales, of fees, etc., collected ; together with a statement of the number of persons committed, their ages, occupations, places of birth, and if citizens. Also, a monthly account to the council of all expenses for prisoners' clothing and material; and, for the faithful performance of his duties he shall furnish security in the sum of five thousand dol- lars. No. 1039. (4.) It shall be the duty of the deputy warden to assist the principal warden in the discharge of his duties, and obey his directions, -and shall furnish security in the sum of one thousand dollars. Wardens officers. No. 1040. (5.) The principal warden shall have power to appoint one clerk, eight under-wardens and two night-watchmen, subject to the approval of the board of aldermen, and whose duties shall be defined by the committees on prisons and court houses of the council and the principal warden, and who shall furnish security in the sum of five hundred dollars. Amended. See No. 1063. His reports. Duty of deputy warden, etc. WORK-HOUSE, PRISONS, ETC. 355 - No. 1041. (6.) The salaries of the officers shall be as follows: Salaries. Principal warden. $1500 per annum. Deputy warden 900 ^^ Clerk " 700 '^ Under wardens, each 600 '^ Night watch, each., 540 '^ Amended. See No. 1054. No. 1042. (7.) It shall be the duty of the principal warden. Neglect of duty. in case of dereliction of duty, on the part of any of the officers of said work-house and prison, to suspend such officer or officers from duty, and at once report such suspension with the causes, to the chairman of the committee on prisons and court-houses of this council, who shall examine said charges, and report to the common council. No. 1043. (8.) The principal warden shall make out an es- supplies, timate, monthly, for the supplies necessary, and shall ask an ap- propriation from the council for the settlement of all bills month- ly, upon a warrant from the comptroller, which shall be referred to the council. No. 1044. (9.) It shall be the duty of the principal warden Cannon to be to have the cannon regularly fired in the yard of the work-house and prison, according to the ordinance regulating the hour at which slaves or blacks may be upon the streets. No. 1045. (10.) The rate for keeping vagrants sent from the Vagrants from parish of Je%p;on (not including the fourth district) shall be ferson. twenty-five cents per day for each person. No. 1046. (11.) That the committees on prisons and court- houses of this council be authorized to furnish rules and regula- tions for the government of the officers of the work -house and prison, as well as rules as to the time which shall be' devoted to labor by the prisoners. City Ordinance, No, 351. Approved Nov. 5, 1852, No. 1047. (1.) From and after the passage of this ordinance, Keport of corn- it shall be the duty of the clerks of the recorders of .their res- °^*"*^^- pective districts, to make out and furnish, once a week, to the committee on work-house and prisons, a correct list of all persons committed, to the city work-house by the recorders of the several districts, stating what time sent to the work-house, and for what length of time committed, their name, etc. No. 1048. (2.) That the warden of the city work-house be, Wardens report, and he is hereby rec][uired to make a correct report of all prisoners 856 WORK-HOUSE, PRISONS, ETC. Provisions. Requisitions. Wardens ac- counts. Bepealing clause. Officers of the •workhouse. received at the work-house of their several districts, once a week, to be checked and balanced with the report of the record- er's clerk, giving the name and the time committed, and when discharged. No. 1049. (3.) Hereafter the account of provision used for the subsistence of prisoners in the city work-house shall be provided for in the same manner as now is provided for in the commissary of subsistence department of the United States Army^ supplying rations for troops, etc., for each prisoner committed to the work- house, and it shall be the duty to keep a correct account of ra- tions served out per day, and report the total amount of prisoners entitled to rations from week to week, stating total amount of rations consumed by said prisoners. No. 1050. (4.) From and after the passage of this ordinance, all requisitions made by the warden of the work-house for mate- rials or for provision for the use of the work-house, shall be made by the consent of the committee on work-houses and prisons, who shall alone purchase, or authorize to be purchased, such supplies as may be necessary, and also to check and examine all accounts and bills for provisions purchased, and report to the council the appropriation that may be required for the payment of such bills monthly. No. 1051. (5.) It shall be the duty of the warden of the work-house to keep a correct account of all old articles, viz : engines, hose carriages, hose, furniture, etc., sent to or received in the work-house ; he shall also keep, or cause to be kept, a book containing a list of all such articles sent, and receipt for the same when sent, and on the last day of each month to make a correct report and account of such stock on hand, which shall,* by the common council be ordered to be sold, and the amount of pro- ceeds paid into the treasury of the city. No. 1052. (6.) That all ordinances or parts of ordinances conflicting with this ordinance be, and the same is hereby repealed. City Ordinance, No. 1608. Approved June 24, 1854. No. 1053. From and after the passage of this ordinance, the officers and employees of the city work-house shall consist of one warden, one deputy warden, six under wardens, two night watchmen, which officers shall perform all the duties now im- posed upon the officers of the said work-house by existing ordi- nances, or those that may be hereafter passed, and it shall be the duty of the warden or deputy warden to perform the duties of clerk, which office shall be, and is hereby abolished. WORK-HOUSE, PRISONS, ETC. 867 That all ordinances or parts of ordinances contrary to or conflicting with this ordinance be, and they arc hereby repealed. City Ordinance, No. 2150. No. 1054. That from and after the first day of May salary of warden, next, 1855, the salary of the chief warden of the city work- house be, and the same is hereby fixed at twelve hundred dollars per annum. That from and after the first day of May next, it shall be the duty of the chief warden of the city work-house to per- form all the duties of clerk of the city work-house, together with the duties appertaining to his said office of chief warden. City Ordinance, No. 2139. No. 1055. That the captains of police of the several districts charge for sup- be, and are hereby allowed for the maintenance and support of ^^^ ° ^^ sonere. prisoners in their charge, the sum of ten cents per day for each and every prisoner. The vouchers for same to be presented monthly, after having been approved by the chief of police. City Ordinance, No. 450. No. 1056. Hereafter the wardens of the city work-house Employment of shall not be authorized to employ the prisoners confined therein in the manufacturing of furniture or other work, unless, by authority of an order from the committee on prisons and court houses of this council. City Ordinance, No. 399. No. 1057. Any officer absenting himself from his post, in the officers absent- employ of the city work-house without leave of the chief warden, '°^ ^™^^ ^^^' shall lose the amount of his or their salary during said absence, except in cases of sickness, and it shall be the duty of the clerk of the city work-house, to report the same to the committee on work-house and prisons, whenever the same may occur. City Ordinance, No. 2520. No. 1058. That the city physician be, and he is hereby Sick prisoners, authorized to have removed all such vagrants and others, com- mitted to the city work-house, who may be sick, to the charity hospital, upon the written consent of the recorders so committing said persons. City Ordinance, No. 2615. No. 1059. From and after the passage of this resolution, the sheriffs compen- compensation of the sheriiF of the parish of Orleans, for the keep- i^ngprisoner^?*^' ing of all prisoners in the parish prison, and for which the city o58 WORK-HOUSE, PRISONS, ETC. is liable, be, and the same is hereby fixed at twenty cents per {lay for each prisoner, and no more; and that the jail, or turnkey's fees on the release of each prisoner, shall not exceed twenty-five cents. City Ordinance, No. 2875. An Ordinance to provide for the sale of the lease of the New Orleans City Work-House. Sale of lease of No. 1060. (1.) Bg it ordained that the comptroller is hereby directed to sell at public auction, after ten days' notice in the official journal, the contract for the lease of the city work-house for the term of five years from the first day of August, 1856. Said sale subject to the approval or rejection of the common council, and upon the conditions hereinafter set forth. Price— how pay- No. 1061. (2.) That Said sale shall be at so much per annum, *^^^' for which the lessee shall give his notes payable monthly, and endorsed to the satisfaction of the finance committees of the common council, and further, said lessee shall enter into bond with good and solvent security, to be approved by the finance committees, in the sum of five thousand dollars for the faithful performance of all the conditions of his contract. Lessee ta take No. 1062. (3.) The Icsscc shall bind himself to take charge c arge, e c. ^^ ^^.^ work-housc, and conduct it at his own expense and pay the salaries of all officers provided by this ordinance, and expenses for the maintenance of prisoners, and shall keep the buildings, walls and fences in good order and condition during the whole term of the lease. Labor of prison- No. 1063. (4.) The labor of the prisoners shall be for the benefit of the lessee, and he shall have the right to employ said prisoners at any mechanical or other labor within the walls of the prison, but no prisoner shall be compelled to labor more than twelve hours per day. Labor of prison- No. 1064. (5.) No prisoner shall be compelled to labor, when in the opinion of the city physician, or the committees of work -house and prisons, that such labor would be injurious to health or dangerous to life. Offlcere. No. 1065. (6.) That the lessee shall appoint, and at all times have in charge of said work-house, one chief warden, whose duty it shall be to take charge of and supervise all of the affairs of said work-house. Also, five under wardens, who shall assist him in the performance of his duties. Also, two night watchmen, and all of said officers shall have the same police powers and be commissioned as under existing ordinances. WORK-HOUSE, PRISONS, ETC. 359 No. 1066. (7.) That the lessee shall neither receive nor Reception and discharge any prisoners, except upon the order of a duly autho- oners, etc. rized magistrate. Nor shall any fees or fines be collected from prisoners, except, upon the written order of such magistrate, and a true and just account shall be kept of all fees and fines collected, and at the end of each and every week the same shall be reported under oath to the comptroller and paid into the treasury of the city. No. 1067. (8.) That the lessee of said work-house shall Keeping ofpris- receive all prisoners committed to the same by the various magistrates of the city, and faithfully guard and keep them, until discharged, by due process of law; and for each and every escape from said prison, said lessee shall be liable for a fine of twenty-five dollars, recoverable before any court of competent jurisdiction. No. 1068. (9.) That the lessee of said work-house shall fur- Their rations, nish to the prisoners the same rations, clothes, etc., as are fur- *^°* *'''' ^^^' nished under existing ordinances and regulations, and the same shall be of a sound and wholesome character, and at all times subject to the inspection of the commitlees of work-houses and prisons. No. 1069. (10.) That the city physician, mayor, recorders city officers to and members of the council, shall at all times have free access ^^*^ ^*^^^''''^' to the work-house, in order to ascertain if all the requirements are complied with by the lessee. No. 1070. (11.) That the common council shall have the Neglect of lessee right, in case of the neglect or refusal of the lessee to comply with the terms and conditions of this ordinance, to make good the same at his expense. No. 1071. (12.) An inventory shall be made of the utensils utensils, mate- and materials in the city work-house, at the time of the sale of "^^^' ®*'^' the contract, and a valuation shall be made by the competent appraisers. One to be appointed by the mayor, one by the lessee, and one to be chosen by them in case of disagreement. The lessee shall receive said fixtures, materials, etc., at the valuation made as aforesaid, and at the expiration of said lease an inventory and appraisement shall be made, and the lessee or the city, as the case may be, shall pay to the other the difference in value of said fixtures, utensils, etc., provided all fixtures, utensils, etc., now on hand not needed by the lessee, may be rejected by him, before appraisement, the same shall be sold at public auction for the benefit of the city, and all fixtures, uten- 360 WORK-HOUSE, PRISONS, ETC. sils, and materials on hand at tlie expiration of tlie lease, not needed by tlie city, also may in a like manner be rejected, and disposed of as the lessee may seem proper. utensils, mate- No. 1072. (13.) All materials on hand at the time of tlie salc nas, e,r. ^^ ^-^^ Icasc, which may be needed by the lessee to carry on said workhouse, and which may have been selected and appraised, as provided for in section twelve of this ordinance, shall be paid for in cash to the city treasurer ; and at the expiration of said lease, the city shall pay to the lessee the amount in cash at the appraise- ment as aforesaid. Recora of prison- No. 1073. (H-) That the Icssec shall keep a truc and faith- ful record of all prisoners committed to the said workhouse, with the name, age and nativity of each prisoner, by whom committed, date of commitment, specified time and date of release, and a copy of said record shall be made under oath, and reported to the common council on the 1st day of January of each year. Violation of con- No. 1074. (15.) That a failure or refusal on the part of the lessee to comply with any of the conditions or terms of the con- tract, after due notice shall have been given by a resolution of the common council, within ten days after its promulgation, shall make a forfeiture of said contract, or subject the lessee to a fine of not over two hundred and fifty dollars, the same at the option of the common council. Former police No. 1075. (16.) That all the poHce regulations now in forco concerning the government or disciplin of said workhouse, and not conflicting with this ordinance, shall remain in full force. Repeaiins? clause. ]sf^)^ 1076. (17.) That all ordinances or parts of Ordinances, Con- flicting with this ordinance, be, and the same nro hereby repealed. City Orflinance, No. 2824. Approved July 7tli, 1855. ACTS OF THE LEGISLATURE. An act io establish Work-houses and Houses of Refuge by the several municipalities of the city of New Orleans, and for other purposes. S-ECTiON 1 . jBe it enacted by the Senate and House of Representatives of Work house. fjie State of Louisiana in General Assembly convened, That the council of each municipality of the city of New Orleans be, and they are hereby authorized to establish within their respective limits, a work- house or prison, and enact the requisite ordinances for the government of the same ; in which shall be confined and employed all persons le- gally committed by any magistrate authorized to commit vagrants. House of lefuge. They shall moreover be, and they are hereby authorized to establish, within their respective limits, a house of refuge, for the detention of juvenile offenders, and there to employ them in such way as to the coun- cil may appear proper. WORK-HOUSE, PRISONS, ETC. S61 Sec. 2. That as soon as any of the municipalities shall erect suitable Powers granted work-houses as hereinbefore provided, the council of said municipality ° ® counci . in which such work-house or prison be established, shall be vested with all the powers now exercised by the police jury within the limits of such municipality, as regards said work-houses, and the parish treasury shall pay on the warrant of the mayor of the city of New Orleans, to the municipalities in which said work-house or work-houses are established thirty-seven and a half cents for each of the persons detained in said work-house or work-houses for every day during which said persons are detained or imprisoned. Sec. 3. That t,he judge of the criminal court be authorized and em- Confinement in powered to sentence all persons under the age of fifteen years, convicted fuL. ^^ ^'^' of any crime, excepting for capital offenses, committed within either municipality where a house of refuge is established, to be confined within said house of refuge. Sec. 4. That all persons being able to work, and having neither pro- Tagrants. fession, nor trade, nor any dwelling place, nor any visible property wherewith to maintain themselves, shall live idle, those who habitually frequent grog shops or gaming houses, or other disorderly places, or found wandering about at an unseasonable hour of the night, who are unable to show what resources they possess, or unable to produce cred- itable testimony of their good conduct and morals : or those who lodge in out-houses, market places, sheds or barns, or in the open air, and who shall not be able to give some account of themselves and their oc- cupation nor be avowed by some credible person ; all persons appre- hended with any picklock or other instrument with probable intention feloniously to break and enter any dwelling house or other house, or with any offensive weapon with probable intent feloniously to assault any person, or who shall be found in any dwelling house, out-house, store, yard or garden, with probable intent to steal, or who shall give a false account of themselves after warning of the consequences, shall be deemed vagrants. Sec. 5. That any person charged with any of the aforesaid offenses Security'required shall upon conviction before the mayor, or recorder, or any alderman ^* vagrants, of any of the municipalities of New Orleans, be condemned to give se- curity for their good behavior in such sum and for such time as to the said mayor, recorder, or alderman, may appear reasonable, and in case of refusal or inability to furnish the security required, said mayor, recorder, or alderman, shall thereupon be authorized to commit them imprisonment in to the parish jail in the city of New Orleans, or to the work-house or ^^rk hours, house of refuge aforesaid, if established by either of the municipalities in which such person may have been arrested, therein to be kept at hard labor until they furnish the security required, or for a time not exceed- ing thirty days. Sec. 6. That any person who shall have been convicted for any of Incorrigible va- the offenses mentioned in this act, shall, upon a second conviction under S^*°*^" the same, be deemed an incorrigible vagrant, and shall be condemned by the mayor, recorder, or alderman to give security for their good be- havior in such sum and for such time as to the mayor, recorder, or 46 362 WORK-HOUSE, PRISONS, ETC. alderman may appear reasonable ; and in case of refusal or inability to furnish the security required, said mayor, recorder, or alderman shall thereupon be authorized to condemn them to be committed to the parish Penalty. jail, work-house or house of refuge aforesaid, there to be kept at hard labor until the security required, be furnished, or for a time not exceed- ing one year : Provided that nothing herein contained may be construed to deprive any person of the trial by jury when it may be prayed for. Powers of the Sec. 7. That in any case where a person committed under this act criminal courts. , ,, , . . , Shall claim a trial by jury, it shall be lawful for the criminal court of the first district to take cognizance of the same and to afford a trial as provided by law for other criminal oifenses, but nothing in this act shall be construed as ireaning that any such person shall be released in the mean time from commitment in the work-house, prison, or house of refuge aforesaid, until acquitted by the jury, or imtil the expiration of the term of commitment. Bonds reciuircd Sec. 8. That in all cases where any person may be sentenced to to guarantee de- . , . . , . , . , , , „ parture from the- punishment under this act, the mayor, or either of the recorders shall ^'**°' have power to discharge the person, so sentenced, from punishment in case of conviction, on such person giving bond with one or more good and sufficient sureties, in a sum to be fixed by the mayor, or either of the recorders aforesaid, according to the nature of the case, conditioned that the person so sentenced will depart and remain out of the State, until he shall have procured the means of subsistence ; provided, how- ever, that such sureties shall only be responsible in case such person shall not depart out of the State within the time specified in said bond; and in case the person so convicted and sentenced as aforesaid, shall be found at large within the State after the time mentioned in said bond for departing the State, such person shall be liable to his former sen- tence, and moreover to one year's imprisonment at hard labor in addition thereto. The present act Sec. 9. That all the provisions of this act shall apply to the parish sou parish. " of Jefferson ; that the powers vested thereby, in the mayor, recorder and aldermen, are hereby conferred upon the parish judge of the parish of Jefferson, the judge of the city court of Lafayette, the president of the board of council of said city and the several justices of the peace of the parish of Jefferson ; Provided, however, that nothing herein shall be construed so as to bind the police jury of the parish of Jeffer- son, or the board of council of the city of Lafayette, to construct work- houses, and that said bodies shall have a right to use, until they have constructed such work-houses, either their parish jail or one of the work- houses of the parish of Orleans, on the paying their pro rata proportion of the expense incurred by the reception of vagrants, sent from the said parish of Jefferson, to be determined by the council of the munici- pality to whose work-house they shall have been sent. Repeal. Sec. 10, That all laws and parts of laws now in force and contrary to the provisions of the present act be, and the same are hereby re- pealed.— Acts of 1840, p. 46. APPENDIX. ^APPENDIX CANALS AND BASINS. An Ordinance, regulating the Draining and Hauling of Timber, etc., out of Bayou St. John. No. 1077. (1.) From and after the passage of this ordinance Lumber and it shall not be lawful for any person to haul or draw out of the ^ ^^' bayou St. John across or over the protection levees, built by the city along said bayou, any lumber or timber whatsoever, except as hereinafter provided, under the penalty of fifty dollars for each and every contravention of this section. No. 1078. (2.) It shall be the duty of the surveyor to des- piace oyer which ignate one or more places at which timber or lumber may be ° *^ ^^ hauled or drawn out of the bayou St. John. And it shall be the duty of all persons desiring to haul or draw timber or lumber out of said bayou, to cause to be made and build good substantial slides, with proper recess at the places so designated, upon which such timber, etc., may be drawn or hauled without injury to the levee or road, said slides to be built under the supervision of the surveyor. Any person violating the provisions of this section shall be fined fifty dollars^ and further, the sum of five dollars per day for each and every day such persons shall fail to comply with the direction of the surveyor. No. 1079. (3.) All ordinances, or parts of ordinances, con- Repealing clause, trary to the provisions of this ordinance be, and the same are hereby repealed. City Ordinance, No. 3235. Approved Feb. 26th, 1857. * The ordinances and laws here inserted are those that have been enacted while this work was going through the press, and some few laws omitted in the body of the work. 366 COMMERCE — CHAMBER OP. COMMERCE— CHAMBER OF. ACTS OF THE LEGISLATURE. An Act to create a Body Corporate and Politic, by the name of tho " New Orleans Chamber of Commerce." Whereas a large number of the merchants of the city of New Orleans have petitioned that a charter be granted them, creating a chamber of commerce ; and have set forth that such an institution is much required by the mercantile community, as tending to diminish litigation and to establish uniform and equitable charges ; and considering that the establishment of a chamber of commerce may thus tend to the general advantage of the citizens of the State, as well as to the furtherance of the commercial interest ; Be it therefore enacted, by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened. That Thomas Urquhart, S. J. Peters, H. C. Cammack, A. Quertier, J. A. Merle, F. Frey, C. Adams, Jr., H, F. M'Kenna, Thos. Barrett, E. J. Forstall, Jacob Willcox, W. H. Avery, A. Fisk, John B. Byrne, J. H. Field, J. E. Whitall, W. G. Hewes, J. U. Lavillebeuvre, George Wilbor, A. H. Wallace, Thomas Sloo, Jr., Charles de Blanc, Noah H. Allen, Glendy Burke, M. S, Cucullu, Thomas Dance, F. Perret, John N. Niven, A. Rivarde, Theo. Nicolet, John Gamier, Wm. Bullitt, Nat. Cox, Edward Yorke, W. L. Robeson, James Dick, James P. Freret, Wm. L. Hodge, Thomas Toby, H. G. Cruger, George Green, W. C. Bowers, Chandler White, J. 0. Williams, E. W. Gregory, Peter Laidlaw, R. '' G. L. Depeyster, Samuel Thompson, W. Bogart, W. A. Gasquet, S. W. Oakey, Charles Gardiner, James Foster, Jr., Thomas Dixon, John Parker, D. G. Borduzat, G. W. White, Jules Le Blanc, A. L. M. Damarin, Wm. C. Mylne, V. Durel, M. Morgan, M. Lizardi, mer- chants of the city of New Orleans, their associates and their successors, be, and they are hereby declared to be a body corporate and politic by the name of the **New Orleans Chamber of Commerce." Sec. 2. That this act of incorporation shall be in force for and during the space of twenty years from the passage thereof . — Acts of 1834, p. 52. An Act to Re-charter the New Orleans Chamber of Commerce. Preamble. Whereas, the charter of the New Orleans Chamber of Commerce will expire on the twenty-sixth February, eighteen hundered and fifty -four ; And whereas, at its sitting in the city of New Orleans on the fourteenth February, eighteen hundred and fifty-three, the following resolution was unanimously adopted, viz : Resolved, That the president be requested to apply to the legislature of the State of Louisiana, now in session, for a renewal of the charter of this chamber ; and considering the usefulness of the institution in diminishing litigation, and establishing and maintaining uniform and equitable charges, advantageous both to the citizens of this State, and beneficial in promoting the commercial interest of New Orleans : CORPORATIONS. 367 Section 1. Be it therefore enacted by the Senate and House of Repre- New Orleans sentatives af the State of Louisiana, in Ge7ieral 'Assembly convened, That me*™e'in<»rpor^ the present members of the aforesaid New Orleans Chamber of Commerce, ted. viz : J. 0. WoodruflF, President; Charles Briggs, First Vice-President; J. M. Lapeyre, Second Vice-President; Chs. J. Mansoni, Secretary and Treasurer; Geo. Arnold Holt, J. W. Carroll, W. S. Pickett, R, B. Sumner, S. H. Kennedy, Jas. Greenlief, W. H. Avery, J. H. Ashbridge, W. P. Atwood, B. C. Adams, Wilhelmus Bogart, J. A. Barelli, Horace Beau, A. Benachi, C. T. Buddecke, Sara'l P. Bullard, W. P. Babcock, Thos. Byrne, J. E. Caldwell, William Creevy, W. L. Gushing, Robert Conway, George Connoly, A. P. Cleveland, John P. Crotchett, James Chapman, J. A. Dougherty, Thos. J. Dix, J. J. Day, J. H. Dudley, Thos. M. Dykers, J. H. Eimer, Tbos. S. Elder, J. Eager, George A. Fosdick, Cornelius Fellows, F. W. Frudenthall, John Fox, E. J. Forstall, Moses Greenwood, J. W. Giffney, Robert Geddes, Robt. A; Grinnan, A. D. Grieff, Wm. Holmes, A. Heine, J. N. Hanau, Geo. W. Houghton, David Hadden, James Plewitt, R. H. Hamilton, E. J. Hart, W. L. Jackson, L. C. Jury, W. A. Johnson, H. Judson, J. R. Jennings, R. B. Kendall, John Kruttchnitt, L. Y. Lusk, J. A. Lusk, J. G. Lingham, W. L. lianier, H. F. McKenna, R, M. McAlpin, M. Musson, P. Maxwell, J. H. McRea, J. R. Marshall, Wm, Mure, Logan McKnight, S. Nicholson, M. 0. H. Norton, S. 0. Nelson, S. W. Oakey, John H. Owen, S. J. Peters, sen,, L. Matthews, John M. Bell, L. H. Gale, C. ^Y. Phillips, E. H, Pomroy, W. B. Partee, Wm. Prehn, Fred. Peschier, Jas. Robb, Wm. Ricarby, J. M. Savage, J. W. Stanton, T. Stewart, Andrew Stewart, P. H. Skipwith, Thos. Sellar, G. G. Steever, Rudolph Schartz, Calvin Tate, H. Wilson, H. Williams, N. Overton, John Williams, Chas. M. Waterman, W. A. Warneken, L. D. C. Wood, J. W. Zacharie, H. G. Latting, Rob. Dyas, George N. Coke — Merchants of the city of New Orleans, their associates and their successors, be, and they are hereby declared to be a body corporate and politic, by the name of the New Orleans Chamber of Commerce. Sec. 2. That this act of incorporation shall be, and continue in force The period du- for and during the further space of twenty years, from the twenty- sixth "ctfiiaifcontimic day of February, A. D., 1854.— Acts of 1853, page 138. in force. COEPOEATIONS. ACTS OF THE LEGISLASTURE. An Act fixing the Domicile of Corporations created by any law of , this State, Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Asembly convened. That every corpo- ration organized, or which may hereafter be organized, under and by S68 ELECTIONS. virtue of any law of this State, shall establish its domicile at some place within the State of Louisiana, and not elsewhere. Sec. 2. That every such corporation shall, from and after the pas- sage of this act, hold its meetings for the transaction of business apper- taining to its corporate purposes or capacity, whether of its stock- holders at large, for election of officers or other purposes, or of its directors, managers, trustees, or other oificers charged with the direction of its affairs, at the place of domicile of said corporation, and any such meeting held elsewhere, and any business transacted at any meeting held elsewhere shall be unlawful, and of no effect. Sec. 3. That any acts or parts of acts contrary to the provisions of this act be, and the same are hereby, repealed. — Acts of 1857, No. 77. See Acts of 1857, No. 226- CURKENCY—BOARD OF. ACTS OF THE LEGISLATURE. An Act further defining the duties and powers of the Board of Currency. Section 1. Be it enacted hy the Senate and House of Representatives of Board of currcn- t^^ State of Louisiana, in General Assembly convened, That it shall be the 5f *k d^u*°tet*^ ^^*y °^ ^^^ board of currency to require of every bank which now is or ment of their may be hereafter located in the city of New Orleans, a daily statement movemon . of their "movement" — to wit : Loans on paper payable at maturity, and intended to meet the two-thirds of cash liabilities unrepresented by specie and other cash assets, circulation, deposits, and other cash liabilities. Said statement to Sbc. 2. That the said board of currency shall require that alike bank?ira book statement shall be entered daily by each bank in a book which each bank etc. shall keep for that purpose, and to be called the "statement book." Banks to make Sec. 3. That the board of currency shall require from the banks returns ^^^'^^^ aforesaid, and they shall furnish the same, a weekly return from the said daily record, to be delivered at the same time and place as the other weekly returns made to said board, which shall show the average of the record of the said "daily movement," mentioned in the foregoing sec- tions of this act. To be sworn to Sec. 4. That the documents or returns mentioned in this act shall be by cae ler. ^^^^ sworn to by the cashier or returning officer of the bank. — Acts of 1857, No. 103. ELECTIONS. ACTS OF THE LEGISLATURE- An Act relative to Elections in the parish of Orleans. Sbction 1. Be it enacted by the Senate and Hov^e of Representatives of Election pre- the State of Louisiana in General Assembly, convened. That the election precincts in the city of New Orleans, as now established, shall be lawfnl cincta. EIiECTIOKS. m election precincts, and shall remain unchanged until the legislature shall otherwise determine. Sbo. 2. That in each and every election precinct in the city of New Places for hold- Orleans, as now established, there shall be two places for holding the *^^ ^° "" polls, except in the seventh precinct, in which there shall be three places for holding the polls. Sec. 3. That one of the polls in each precinct aforesaid, except the llow the polls fill fill l)G known seventh, shall be known and designated as number "one," and the other as number *'two," and all the voters residing in each precinct aforesaid, whose names begin with any initial letter ranging from A. to K., both inclusive, shall only be entitled to vote at poll number "one," and all the said voters whose names begin with any initial letter ranging from L. to Z., both inclusive, shall only be entitled to vote at poll num- ber "two." Sec. 4. That one of the three polls in the seventh precinct shall be Polls of seventh known and designated as poll number "one," another as poll number P'^®''*^'' • "two," and the third as poll number "three," and all the voters residing in said precinct whose surnames begin with any initial letter ranging from A. to G., both inclusive, shall only be entitled to vote at poll number "one," and all the said voters whose surnames begin with any initial letter ranging from H. to N., both inclusive, shall only be entitled to vote at poll number "two," and all the said voters whose surnames begin with any initial letter ranging from 0. to Z., both inclusive, shall only be entitled to vote at poll number "three." Sec. 5. That the certified list of voters which the register of voters Register to sub- inj^the city of New Orleans is now required by law to furnish to the com- ^q^^^^ ^^^^ missioners of election in each precinct, shall be subdivided by the said register into as many lists as there are polls in each precinct, and the said register shall furnish to the commissioners of election presiding at each poll in each precinct, a certified list in the manner now required by law, of all the voters entitled to vote at each poll respectively. Sec. 6. That a board of commissioners is hereby created in and for Board of commis- the parish of Orleans, to be styled " The Central Board ofCommis- StTol^ommS- sioners," to be composed of the mayor of the city of New Orleans, the sioners. register of voters of said city, the attorney general of the State, and two citizens of New Orleans, who have resided in the State at least five years, to be appointed by the Governor ; and the term of office of said citizens so appointed shall be two years, unless sooner removed ; and it shall be the duty of said central board of commissioners to appoint all the com- missioners of election in the parish of Orleans, to preside at any and every election held in said parish, for all State, parochial or municipal officers, or judges, members of Congress, or any officer of the United States government, or any other officer whose election devolves upon the people. Sec. 7. That the attorney general shall be ex-officio president of the president and said board, and one of its members shall be secretary thereof, to be g,^^^®^**'^^ °^ ^^® appointed by the said board, and a majority of the members of said board shall constitute a quorum for the transaction of business ; and they are hereby authorized to adopt such by-laws and rules as to them 47 s 3||^ /' EtECTIONS. may seem fit ; Provided, the same be consistent with the Constitution and laws of this State, and of the United States. Commissioners of Sec. 8. That it shall be the exclusive duty of the said board of com- missioners, at least five days previous to any election to be held in the parish of Orleans or the city of New Orleans, to appoint three commis- sioners of election to preside at each poll In each precinct in the city of New Orleans, and three commissioners of election to preside at each precinct in that part of the parish of Orleans on the right bank of the Mississippi river. Salary of certain ggc. 9. That the two citizens to be appointed by the Governor, members of the ^^ •' ' board. members of said central board of commissioners, shall receive a yearly salary of five hundred dollars each, payable proportionately by the city of New Orleans and the police jury of the parish of Orleans, on the right bank of the river, and they shall before entering upon the discharge of their duties, take the oath prescribed by the ninetieth article of the Constitution. The board to de- Sec. 10. That it shall be the duty of said central board of com- places^'to/ hold- missioners to designate the places of holding the polls in the seve- ing the polls. j.^^ precincts in the parish and city of New Orleans, and assign to each poll, in each precinct, the number by which it shall be designated and known, and to make, or cause to be made, the necessary arrange- ments at each poll, for convenient approach to the ballot-box and easy egress therefrom, and so to provide that the ballot-box during the elec- tion may be seen by the public, and so that the voter may see his ballot deposited therein. Places for hold- Sec. 11. That the designation of the places holding the polls, and be published, etc. the numbers by which the respective polls in each precinct shall be known, shall be published by the said board, in two daily newspapers, printed in the city of New Orleans ; and said publication shall be made in English and French, for ten days previous to an election, and all the expenses incurred for advertisements, and for making the necessary arrangements at the polls, shall be paid by the city of New Orleans, except that part incurred for the polls on the right bank of the Missis- sippi river, which shall be paid by the police jury of said right bank, and an account of said expenses signed by the president, and counter- signed by the secretary of said central board of commissioners, shall be sufficient warrant to the proper officers of the city of New Orleans, and the said police jury, to pay the same ; and it shall be the duty of the comptroller and treasurer of the said city to pay the said account, and also of the said police jury to pay the said account for the said right bank. Substitutes for Sec. 12. That in case any commissioner of election, appointed by wS."?!'? to^at- said board, shall fail to attend on the day of election, or shall refuse *®°<*- to act at any time after his appointment, then, and in that event, the president of the board, or in case of his absence, the register of votes, may appoint substitutes to act in the places of those so failing to attend, or refusing to act. Oaths of commis- Sec. 13. That any member of the said central board, or judge or eioners. justice of the peace, or the sheriff or any of his deputies, is hereby J ELECTIONS. 371 authorized to administer, to any commissioner of election, the oath required by existing laws. Sec. 14. That no grog-shop, or place where liquor is sold, shall be Polls not to be used as an election poll in the parish of Orleans, but the said board is houses, hereby authorized to use for that purpose any building belonging to the city of New Orleans or parish of Orleans, or if necessary, to rent proper buildings for the occasion. Sec. 15. That the polls shall be opened at 8 o'clock, a. m., and Hours of opening * and closing polls. closed at 4 o'clock, p. m. Sec. 16. That the Governor shall, by and with the advice and Superintendent consent of the senate, appoint a discreet citizen, who has resided in the ° ® ^^ *°"^* State at least four years, whose duty it shall be to superintend all elections held in the city of New Orleans, and who shall be styled the " superintendent of elections," who shall hold his office for the term of two years, unless sooner removed, and who shall receive an annual salary of three thousand dollars, payable quarterly out of the treasury, upon the warrant of the auditor of public accounts, and one-half of said salary shall constitute a debt against and be paid by the city of New Orleans in the manner hereinafter mentioned. Sec. 17. That if any person in the parish of Orleans shall prevent, Threatening or attempt to prevent any voter from exercising his right of suffrage, by ^^ ^^^' ^ ^' threat, intimidation, violence, or any other unlawful means, whether before or during election time, such person sliall, on conviction thereof, be sentenced to not less than six months' nor more than three years' imprisonment, at hard labor, in the penitentiary, and shall be forever deprived of his right of suffrage. And if any persons in the parish of Preventing per- Orleans shall, during an election, assemble or combine together for the pur- ^°"^ from voting, pose of driving voters from the polls, or preventing or obstructing voters in coming to or returning from the polls, said person shall, upon convic- tion thereof, be sentenced to not less than one nor more than five years' imprisonment at hard labor in the State penitentiary, and be forever deprived of their right of suffrage. And any person or persons in the Ballots and ballot parish of Orleans who may willfully destroy or multilate any votes that ^^^^• may have been deposited in the ballot box, or any election returns, tally list or lists of voters, or certificates of election, or who may steal or destroy the boxes and safes containing the same, or who shall offer or commit violence against any person or persons having lawfully charge of the same shall, on conviction thereof, be sentenced to imprisonment at hard labor for not less than five nor more than twenty years, in the peni- tentiary, and be forever deprived of the right of suffrage. Sec. 18. That the said superintendent shall keep his office in the city Superintendents of New Orleans, and shall be entitled to four chief deputies — to be ap- ties!^ *° *^ ^^"' pointed by himself, and removable at his pleasure — and each of said . deputies shall receive an annual salary of one thousand dollars, payable quarterly out of the treasury, on the warrant of the auditor of public accounts, one-half of which salary shall constitute a debt against and f*"'** be paid by the city of New Orleans, in the manner hereinafter mentioned. Sec. 19. That it shall be the duty of the said superintendent of Duty of superin- electiona to take charge of and superintend, under the control of the *«*ident. 872 ELECTIONS. central board of commissioners, and to the exclusion of all other persons, all elections held in the parish of Orleans and city of New Orleans, for officers of the general government, members of congress, judges, mem- bers of the general assembly, parish or municipal officers, and for any other officers, federal, state, parochial or municipal, whose election devolves upon the people ; to prescribe and arrange the ingress to and egress from the polls; to preserve tranquility' and order during the elections ; to prevent and suppress riots, tumult, violence, disorder, and any other improper practice tending to the intimidation of voters, or the disturbance of elections, and in general, to take care that all elections are so conducted that the privilege of free suffrage may be supported, and the constitutional rights of the citizens shall not be impaired or defeated by violence, tumult, intimidation, or other improper practices. Empowered to Seo. 20. That the said superintendent is hereby authorized and be? of depu«S^ empowered to employ any number of persons the Governor may think etc. necessary as his deputies, for such time previous to any election as the Governor may direct ; and the said deputies shall be organized by said superintendent in such a manner as he may think proper and adequate for the occasion ; and the said deputies, on the day of election and dur- ing their term of service, shall be subject to the order and direction of said superintendent, and obey all lawful commands issued by him. Deputies— their Seo. 21, That said chief deputies shall be citizens of the State, and °**^®' that said superintendent, chief deputies and deputies, before entering upon their duties, shall take the oath prescriped by the nineteenth article of the Constitution. Deputies to be Sec. 22. That the said deputies shall be commissioned by the said su- commissioned,etc perintendent, who is hereby authorized to administer the oath of office to them ; and he is further authorized and empowered, with the consent of the Governor, to adopt such rules for the government and organiza- tion of said deputies as to him may seem proper ; provided, the same be consistent with the constitution and laws of the United States and of this State ; and the said deputies are hereby required to obey said rules and regulations, provided, the same may at any time be altered or abolished, at the pleasure of the Governor. To appoint ex- ^^^' ^^' ^^^^ *^® ^^^^ superintendent of elections shall have the traordinary de- power to appoint any number of extraordinary deputies from amongst the citizens of the parish of Orleans, to protect the approaches to tho polls, keep order thereat, and secure free access to and egress from said polls ; and any citizen between the age of twenty-one and fifty years refusing to perform such duty, whenever thereunto summoned, shall be subject to a fine of not less than one hundred nor more than five hun- dred dollars, recoverable before any court of competent jurisdiction, in Penalty for re- t^lie name and for the benefit of the State of Louisiana ; and in default fusing to serve, ^f payment thereof said citizen shall stand committed in the parish jail for a term not exceeding sixty days. Disturbing ^EC. 24. That if any person in the parish of Orleans shall, in breach commissioners of the peace, disturb any commissioner or clerk of elections in the and voters, pen- ^ » , . -, aity. discharge of his duty, or any voter m exercise of his right of suffrage, or shall prevent any voter from exercising his right of suffrage, whether ELECTIONS. 373 before or during election time, such person shall be fortwith arrested by the said superintendent, or any of his deputies, or extraordinary deputies, and instantly confined in the police or parish jail, and shall, upon conviction thereof, be sentenced to not less than six months nor more than three years' imprisonment at hard labor in the penitentiary, and shall be forever deprived of his> right of suffrage ; Provided, how- ever, that any person so arrested, if a lawful voter, shall be permitted to vote before being confined. Sec. 25. That any person wilfully resisting, or in any manner Resisting super- ., .,T, i-i .• intendent and interfering with the authority of said superintendent or his deputies, or deputies. •:■ extraordinary deputies, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than five hundred dollars, and imprisoned at hard labor for one year in the penitentiary, and it shall be the duty of the attorney general, in person, to conduct all prosecutions under this section, and said prosecutions shall be tried in preference to all other cases. Sbo. 26. That when any person shall be arrested on the day of the Arrests on days of election by the said superintendent or his deputies, or extraordinary deputies, said person shall not be released from imprisonment, by bail or otherwise, until the following morning, unless it be by order of the superintendent or any of his chief deputies, or by writ of habeas corpus. Sec. 27. That said superintendent shall commission his chief Superintendent deputies, and their commissions shall specify their seniority of rank ; *"*^ deputies, and it is hereby declared that in the event of the death, resignation, absence, sickness or inability to act, from any cause whatever, the said chief deputies shall succeed to the duties and powers of the said superintendent, according to the seniority of rank expressed in their respective commissions, so that the senior chief deputy shall first succeed, and in case of his death, resignation, absence, sickness, or inability to act, the second chief deputy shall next succeed, and so on to the last ; and each chief deputy thus succeeding in his turn, is hereby autorized and empowered to assume and perform all the duties of superintendent, and exercise all the powers vested in him by virtue of this act, until the vacancy of superintendent is filled, or the superin- tendent presents himself and resumes the duties of his office. Sec. 28. That any deputy employed by the said superintendent^ Salary of depu- except the chief and extraordinary deputies, shall be entitled to receive *^®^* during the time he is in actual service, under the command and direc- tion of the superintendent, ten dollars for each day of actual service. Sec. 29. That the superintendent shall keep in his office a register Register of depu- of the names of the persons employed by him as deputies and of the *^®*" length of time each has served, and shall furnish each deputy when discharged with a certificate of his employment and the length of time he may have remained in his service, which shall be received by the auditor of public accounts as sufficient evidence upon which to audit and allow the claim of said deputy for his pay. 874 HOUSE OF REFUGE. City of New Sec. 30. That one-half of the expense incurred for the purpose of one^haff the'^ex- Carrying into effect the provisions of this act, except those otherwise penses, etc. provided for, shall be charged to and be paid by the city of New Orleans, and the treasurer of the State is hereby authorized and re- quired, on the 1st day of January of each and every year, to demand of the city of New Orleans the payment of one-half of whatever appro- priation may be expended for the salaries of the deputies and officers aforesaid. Authorised to Sec. 31. That the said superintendent, for the purpose of preserving close coffee , , .. . , , , ,,.,,,,., houses, etc. order and preventing riots and tumults, is hereby authorized to cause to be closed on election days all grog-shops and bar-rooms in the city of New Orleans ; and any keeper or owner of a bar-room or grog-shop in said city refusing or failing to comply with the proclamation of said superintendent, published in two newspapers in the city of New Orleans, requiring grog-shops and bar-rooms to be closed on the day of election, shall forfeit and pay a find of two hundred dollars, recoverable « ,^j.v before any court of competent jurisdiction, the payment of which fine shall, after judgment, be enforced by imprisonment, not exceeding sixty days. Office expenses of Sec. 32. That the office expenses of the Central board of commis- pafd. ' '^^^ sioners, not exceeding one thousand dollars, shall be paid proportiona- tely by the city of New Orleans and the police jury of the parish of Orleans on the rights bank of the river Mississippi, upon the warrant of the president of said board, as expressed in the eleventh section. When this act to Sec. 33. That this act shall take effect from and after its passage go m e ec ^^^ ^^j j^^^^ ^^^ parts of laws inconsistent herewith are hereby repealed.— Acts 1857, No. 225. HOSPITAL— CHARITY.— See Acts of 1857, No. 256. ii'i'fU ^'5 HOUSE OF REFUGE. Juvenile va- j^o. 1080. (1.) All children found pilfering; all children found begging within the limits of the city; all children found .,'.>;< gathering waste merchandize lost as refuse articles, unless the * same he the property of their guardians, employers or parents ; all children engaged in any occupation, dangerous to their morals or of a tendency to produce habits of idleness and vice; all children who are left in idleness and attend no school ; all chil- dren who are left without education, and learn no honest trade SOUSE OF REFUaE. 875 01* occupation ; all children abandoned to ttemselves, or wlio are not provided for by tbeir parents with the protection and care which the law requires, shall be deemed juvenile vagrants, and shall be brought before the mayor or recorder, or any other com- petent courts, and shall be disposed of according to the laws, establishing houses of juvenile delinquents and vagrants. No. 1081. (2.) In every case when a child shall become a Punishment of »„.,.,, . . . , . , , parents of jure- vagrant, or fall within the description contained in the several niie Tagrants. classes of the preceding article, in consequence of the act or neglect of the parent or guardian, such parent or guardian shall be subject to a fine of one hundred dollars for each offense, paya- able to the municipality within which the child shall be found delin- quent, and in case the said parent or guardian shall neglect or refuse to pay said fine, he or she shall be imprisoned until said fine be paid, provided, that said imprisonment shall not exceed one month. ^ No. 1082. (3.) Every commissary, policeman, watchman or Duty of police, other ofiicer of any of the municipalities, whenever any violation of this ordinance shall come within or is brought to his knowledge, shall immediately arrest the offending child, parent or guardian, * and bring them before the proper authority to be dealt with according to law, and every such officer wilfully neglecting or refusing, when called upon by any citizen to perform the duties herein imposed, shall be fined not less than ten, nor more than fifty dollars for each offense, recoverable at the complaint of any citizen before any competent magistrate or justice of the peace, for the benefit of the municipality in which the offense shall have been committed ; and the collection of said fine shall be ■■■ enforced by imprisonment to the extent of the law. No. 1083. (4.) In all cases arising under this ordinance. Duty of city at- whenever the intervention of any of the district courts shall be ^^^^'^y- deemed necessary by the recorder or mayor, in order to enforce this ordinance or deprive an unworthy parent of the keeping or tutorship of a child, or to cause a child to be committed by a district court, to the care of the house of refuge, it shall be the duty of the attorney of the council whenever required by either of the said magistrates to institute and prosecute the necessary proceeding's, or defend the case. '^ *«^ "i^. City Ordinance. Approved Nov. 15th, 1851. m tmn WOMEN. LEWD WOMEN. To live within certain portion of the city. Duty of police and recorders. To pay tax and obtain license. An Ordinance concerning Lewd and Abandoned Women. No. 1084. (1.) That it shall not be lawful for any woman or girl, notoriously abandoned to lewdness, to occupy, inhabit, live or sleep in any one-story house or building, or the lower floor of any house or building situated within the following limits, viz. : In the first district — Between the river and Hercules, Circus and Rampart streets. Felicity road and Canal street. In the second district — Between the river and Basin street, Canal and Toulouse streets, and between the river, the bayou St. John, Toulouse street, and Esplanade street. Amended by No. 1098. In the third district — ^Between Esplanade street, Elysian Fields, the river and Broad street. In the fourth district — The river, the Carrollton railroad, the upper line of said district and Felicity road, under the penalty of not less than twenty-five dollars for each and every contravention thereof, and the further penalty of twenty-five dollars for each and every day such woman or girl shall occupy, inhabit, live, or sleep in any one-story house or building, or the lower floor of any house or building, or any room or closet on the lower floor of any house or building within the limits aforesaid, after due notice from the recorder of the district wherein such woman shall be found contravening thereto ; and in default of payment of such penalty aforesid, such woman or girl shall be imprisoned not less than thirty days. No. 1085. (2.) That it shall be the duty of all police officers, policemen and watchmen to arrest any woman or girl found in contravention to the foregoing section, and take her before the recorder of the district wherein she be found in contravention, who shall impose upon her the penalty set forth in said section, and in default of payment thereof, shall condemn her to not less than thirty days' imprisonment ; and said recorder shall further notify such woman or girl to remove from and quit the premises so occupied or inhabited by her within three days from such notification, under the penalties imposed by said section. No. 1086. (3.) That it shall not be lawful for any woman or girl, notoriously abandoned to lewdness, to occupy, inhabit, or live in any house, building or room situate within the limits described in the first section of this ordinance, and not in violation of, or ( liEWD WOMEN. 377 prohibited by the said section, without first paying in to the city treasurer the tax imposed by this ordinance, and procuring from the mayor of this city a license to inhabit or live in or occupy a house, building or room within said limits as aforesaid — nor shall it be lawful for any person to open or keep any house, building, dwelling or room within the limits of this city for the purpose of boarding or lodging lewd and abandoned women, or of renting rooms to such women, without first paying the tax hereinafter levied, and procuring from the mayor a license so to open and keep a house, etc., as aforesaid. Every person failing to comply with the provisions of this section, shall pay a fine of one hundred dollars for each and every contravention, and in default of payment shall be imprisoned not less than thirty days. One half of the fine shall be for the benefit of the informer. Pro- vided, that nothing herein contained shall be so construed as to authorize the issuing of licenses to occupy or inhabit any one story house or building or the lower floor of any house or building situate within the limits described in the first section of this ordinance. No. 1087. (4.) That an annual license tax of one hundred Annual tax, etc dollars be and the same is hereby levied upon each and every woman or girl notoriously abandoned to lewdness, occupying, inhabiting, or living in any house, building or room within the limits prescribed in the first section of this ordinance, but not in contravention thereof — and an annual tax of two hundred and fifty dollars upon each and every person keeping any house, room, or dwelling for the purpose of renting rooms to or board- ing lewd and abandoned women, which said tax shall be payable in advance on the first day of February of each and every year. Amended by No. 1100. No. 1088. (5.) That the mayor of this city be, and is hereby Mayor's doty as authorized, upon the production of the receipt of the treasurer *° ^^^®°^®^* of this city, showing the payment of the tax levied by section fourth of this ordinance, to grant the license required by the third section of this ordinance. Which license shall be recorded in a book to be kept for that purpose in the mayor's office, and shall set forth the name of the party to whom granted, the number of the house or building which she intends to inhabit, occupy or live in, the name of the street, where the same is situated, and the number corresponding with that of the record in the aforesaid book. And for which license and recordine, 48 \ 878 ( LEWD WOMEN. the party to whom it is granted shall pay one dollar and fifty cents. Said license shall expire on the thirty -first day of January. Disturbing the ^q. 1089. (6.) Any woman or girl notoriously abandoned to peace— penalty. . . lewdness, who shall occasion scandal or disturb the tranquility of the neighborhood, or commit a breach of the peace, shall be fined not less than ten dollars, nor more than twenty-five dollars for the first offense, and for the second offense shall be fined , not less than twenty-five dollars, and for the third offense, shall forfeit her license, and shall be dealt with as provided by the act concerning vagrants, etc. Not to frei»( comptroller, upon the certificate of the mayor that the foregoing conditions have been complied with, shall warrant on the trea- surer in favor of the president of each asylum thus entitled, for the amount appropriated to each asylum, in equal quarterly payments. ^PPf-JP^ations ^Q^ 1106. (4.) That the following amounts be, and the same are hereby appropriated to the following asylums, payable in three equal instalments, on the first day of April, on the first day of July, and on the first day of October, 1857 : St. Mary's Male Orphan Asylum, third district, 300 orphans $3,150 00 Female Orphan Asylum, Camp street, first district, 245 orphans 2,572 50 Poydras Female [Orphan Society, Jefferson, 130 orphans 1,365 00 St. Joseph's Grerman Orphan Asylum, fourth district, 113 orphans..; 1,186 50 Orphans' Home, corner Seventh and Live Oak, fourth district. Ill orphans 1,165 50 Protestant Orphan Asylum, Jackson and Fulton, fourth district, 104 orphans 1,092 00 St. Ann Asylum, St. Mary and Prytania streets, fourth district, 52 orphans 546 00 Ladies of Providence Asylum, LaHarpe street, third district, 14 orphans 147 00 Repeaiingcer- No. 1107. (5.) That all ordinances or resolutions of the late tain ordinances, j^^uigjpalities of the city of Ncw Orleans and Lafayette, making appropriations for the support and maintenance of orphans be^ and the same are hereby repealed. City Ordinance, No. 3321. Approved April 2d, 1857. I PILOTS. 383 PILOTS. ACTS OF THE LEGISLATURE. An Act relative to Pilots. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened. That the act entitled Act of 1855 re- "An act relative to pilots," approved March fifteenth, eighteen hundred P®»^^<*' and fifty-five,, be, and the same is hereby, repealed. Sec. 2. That it shall be the duty of the Governor to appoint from Governor to ap- among the present branch pilots of the port of New Orleans, such a P^^"*^ pilots. number of pilots as the interest of commerce may demand, and from time to time hereafter increase the same, should an increase be deemed by him important. The Governor shall appoint not more than six for the Atchafalaya bay and river, and one or more for the Sabine river. No person shall be appointed unless he be a qualified voter, and until he be examined by a board of examiners and recommended by the board as a qualified branch pilot. Sec. 3. That two boards of examiners shall be appointed by the B^ard of exam- Governor, every two years, to be composed of three persons each, to be i°ers. selected from the branch pilots. One of said boards shall be for the port of New Orleans, and the other for the Atchafalaya bay and river. The Governor shall have power to fill all vacancies. Sec. 4. That every branch pilot before he takes upon himself the pnotatogive execution of his duties, shall give bond to the Governor of the State, ^o'^^^- with two sufficient securities, in the sum of one thousand dollars, to be approved of by the masters and wardens of the port of New Orleans or by the recorder of mortgages of the parish of St, Mary. Sec. 6. That every branch pilot of the port of New Orleans shall be pnots to own pi. owner or part owner of at least one decked pilot boat, of not less than 1°* boats. thirty feet keel, and he shall keep such boat exclusively employed as a pilot boat. Every such branch pilot, not owning or employing a pilot ^ boat as aforesaid, shall be suspended from his office by the masters or wardens of the port of New Orleans, who shall report the case to the Governor, who may withdraw the commission or license of such branch pilot, if, in his opinion, circumstances require such removal. Sec. 6. That every branch pilot for the Atchafalaya bay and river, . x. ., + ^ shall be the owner or part owner of at least one decked pilot boat, of not Atchafayla. less than thirty feet keel and eight feet beam, and keep her exclusively employed as a pilot boat, at least from the first of October until the first of June in each year. The violation of this section shall subject the offender to fifty dollars fine for each offense. . .., Sec. 7. That if any person not appointed a branch pilot shall pilot pg^gQ^g «aot*iie any ship, or other vessel, when a branch pilot offers, he shall forfeit and who are not pay to said branch pilot twice the amount of the pilotage paid to and ^* ^ earned by him. Sec. 8. That every person offering to pilot a ship or other vessel to exhibit li- shall, if required, exhibit to the commander of the ship or vessel his ce°se. license as branch pilot, and upon his refusing or neglecting to do so, k i S84 ' PILOTS. when demanded, he shall not be entitled to any remuneration for any ser- vice he may render as pilot. Compensation of Sec. 9- That the pilots of the port of New Orleans, shall be entitled ^* ° ^' ® ' to ask and receive pilotage at the rate of two dollars and fifty cents for every foot drawn by any ship or vessel, piloted by them, drawing ten feet of water or less, and three dollars and fifty cents for all vessels over ten and under eighteen feet of water, and four dollars and fifty cents for all vessels having eighteen feet of water and upwards. Vessels of one hundred and fifty tons and under, from Louisiana, Texas, Alabama and Florida, shall come in and go out free. Duty of pilots. Sec. 10. That it shall be the duty of the pilots to pilot, when required, all inward bound vessels from outside of what is commonly called *' The point of the main reef " to the mouth of the Atchafalaya river, and all outward bound vessels from the said river outside of the reef; and the pilots shall be entitled to demand and receive three dollars and fifty cents per foot that any vessel may draw under eight feet ; for each foot over eight feet, four dollars; the part of a foot in like proportion^ All vessels refusing a pilot, other than those trading within the State of Louisiana, shall pay half pilotage, both inward and outward bound, provided they shall be spoken by a branch pilot, when inward bound, outside of the reef, and all outward bound vessels between Berwick's bay and the mouth of the Atchafalaya river. Pilots to pilot out Sec. 11. That any pilot piloting any vessel safe from sea, shall have they brought in *^® exclusive right to pilot such vessel to sea again ; provided, he gives satisfaction to the master on coming in, and be in readiness and offer his services before the vessel gets below Shell Island and the Atchafalaya river. Pilots refusing to Sec. 12. That whenever any branch pilot shall, when practicable, re- ^^^°^' fuse or neglect to go on board of any ship or other vessel, when called by signal or otherwise, he shall lose his commission and be forever incapaci- tated from being commissioned as pilot, and shall morever be liable to be fined in the sum of five hundred dollars ; in default of the payment thereof, he shall suffer imprisonment for a time not less than three months nor more than six months. Master and war- Sec. 13. That the masters and wardens of the port of New Orleans, ^^T ^J^^^^ with the consent of the Governor of this State, may make such rules and orders for the better government of the pilots, as they shall deem proper, and the same from time to time revoke and amend, and impose fines for contravention of such rules and regulations. The fines thus Im- posed shall, in no case, exceed the sum of one hundred dollars. Cofifee houses, Sec. 14. That no license shall be granted to any person to keep a etc.,at the bahze, ^j^ygpn^ grog-shop, billiard-house, or any other house of public entertain- . .^ ment at the Balize, the Pouth West Sass, or any other station for pilots, J /u s nor within three miles from such station, unless the person applying for such license shall be recommended in writing by a majority of the branch pilots. Any person keeping any public house, as aforesaid, at any of :, j?,,7^j^.5 ^, the places aforementioned, without a license, shall pay a fine of fifty dol- *' ' ' lars for each and every week such house shall be kept; and, moreover, be obliged to shut up or remove such public house. Nothing in this < .JTQJOD 'S- PILOTS. A SSCVAtTB 885 section shall be so construed as to exonerate persons keeping public houses without licenses, from the fines or other penalties decreed by the parish regulations. Sec. 15. That whenever any person shall take, or cause to be taken Taking up an- •' ■^ . cnor in tne river, up, any anchor or cable in the river Mississippi, he shall bring or send etc the same to the port of New Orleans, when the same shall be deposited at such place as the master and warden of the port shall determine, and if claimed within three months, by the owners thereof or their agents, the said anchor or cable shall be restored to them, on their proving prop- erty, and paying to the person so taking up and bringing the same to the port of New Orleans, such salvage as shall be determined by the master and warden of the port. la case such anchor or cable should not be claimed within the space of three months, the same shall become the property of the person by whom it may have been taken up. Any per- son so neglecting or refusing to comply with the provisions of this sec- tion, shall forfeit and pay for every such ofFense the sum of fifty dollars. Sec. 16. That all fines, forfeitures or penalties should be sued for and Fines to be for recovered in the name of the master and wardens of the port, for the use hospital! and benefit of the charity hospital of New Orleans, Sec. 17. That the master or owner of any ship or vessel appearing in Extra service distress and in want of a pilot on the coast, shall pay unto such branch (JstJess!^^* pilot, who shall have exerted himself for the preservation of such ship or vessel, such sum for extra services as the said master or owner and pilot can agree upon. In case no such agreement can be made, the master and warden, or any of them, shall determine what is a reasona- ble reward, which the pilot shall be entitled to collect. Sec. 18. That if the master of any ship or vessel coming or going Half pilotage to out of any of the mouths of the Mississippi river, shall refuse to receive cases.^ on board and employ a pilot, the master or owner of such ship or ves- sel, shall pay to such pilot, who shall have offered to go on board and take charge of the vessel, half pilotage. Sec. 19. That if any vessel going out, shall carry off to sea, through Carrying pilots the default of the master or owner of such vessel, any pilot, when a boat is attending to receive him, the master or owner of such vessel, shall pay, besides the pilotage, the same monthly wages until he shall return to the port of New Orleans, as are allowed to the mate of such vessel : Provided, the pilot shall have performed the duties required of him by law. Sec. 20. That it shall be the duty of the board of examiners or the Duty of wardens master and wardens of the port of New Orleans to report to the fattnTo^bad be- Governor any neglect of duty, habitual intemperance, carelessness, in- ba'piour, etc., of competency or any act or conduct of a branch pilot, showing that said branch pilot ought to be removed, and upon due inquiry it shall be the duty of the Governor, if such report be well founded, to revoke the commission of said branch pilot. The Governor may, in his discretiott, suspend or remove any branch pilot. Sec. 21. That discharging ballast in the bay, shall subject the Discharging iial- master or owner of such vessel to a fine of one hundred dollars. — ^Acts ^**^ ^ ^*y- 1857, No. 113. ■'^^ V^ '^.^xiii^-t.-i tn ,-v-';.- 49 386 I SLAVES AND FREE PERSONS OF COLOR. i.;;,„^, REaiSTKY OF VOTERS. ^ ,,rf Wheareas, By the 126th section of the city charter it is pro- vided, ^'That the common council shall fix the compensation of the services of every officer of the city, or of the State, whose said services are by law to be paid by the city of New Orleans;" and whereas, the act of the legislature creating the office of regis- ter of voters of the city of New Orleans, approved March 20, 1856, section 18th provides that the salary of said officer shall be paid by the city of New Orleans; therefore, be it — Salary of register No. 1108. Resolvcd, that from and after the first day of of voters. ., . . April, 1857, the salary of the register of voters of the city of New Orleans shall be at the rate of eighteen hundred dollars ■Kft yi 0* Koai-T P®^ annum, payable monthly, on the ordinary pay-roll of city xtvtJ^>ii>m.i^ officers. City Ordinance, No. 3317. Approved March 27th, 1857. See acts of 1857, No. 210. ^ib' REVENUE— TAXES AND LICENSES. — •..■■. .i>'jjB3^#!C,#'dl Tax on tesi es- No. 1109. Resolved, that a tax at the rate of thMy-S6ten tate an slaves. ^gjj|.g ^^ every one hundred dollars of the assessed value of all real estate and slaves, appearing on the tableaux of assessment made by the State assessors for the year 1856, and a tax of one ^Miq tai' ■ ' hundred and twenty-seven cents on every one hundred dollars of ^vwiiMn j]^e assessed value of capital, income and furniture, appearing on the tableaux of the State assessors for the year 1856, be, and the same is hereby levied to pay the ordinary expenses of the city government for the year 1857, over and above the receipt from other sources. City Ordinance, No. 3298. Approved March 25th, 1857. SLAVES AND FREE PERSONS OF COLOR. -^h Masters of ves- No. 1110. Resolved, that each and every master of a sea-go- free c^oEi^per- ing vcssel, or steamboat, in reporting free colored persons sons, etc. thereon, as required by law, shall pay to the recorder one dollar ( STREETS, ETC. 387 for each and every bond; and each and every free colored per- \ son recorded in the mayor's office, as required by law, shall pay one dollar for said recording, and the certificate thereof; and all of said fees shall be paid by the officers receiving them, into the city treasury, monthly, and the amount thereof reported monthly to the common council. ^ City Ordinance, No. 3827. Approved April 2d, 1857. ' j^^,,^,^^.r^„ ACTS OF THE LEGISLATURE. ^* '-^ i*S*'*2f f "^fl , . , TO H/K( W! «T Jew Be it enacted by the Senate and House of Representatives of the Staid of Louisiana, in General Assembly convened, That from and after the passage No slave to be of this act, no slave shall be emancipated m this State.— Acts of 1857, emancipated. No. 69 ; approved March 6th, 1857. See Acts of 1857, No. 219. See Acts of 1857, No. 265. STREETS, ETC. An Ordinance, concerning petitions addressed to the common council, for and against improvements to the streets, etc , in conformity with sec- tions 119, 120, 121 of the city charter. No. 1111. (!.') That all petitions to the common council, Petitions to be . ^ ^ ^ i-iTi referred to sur- for improvements to be made on streets, etc., as described by sec- veyor. tions 119, 120 and 121 of the new city charter, shall, on the first reading thereof, be referred to the city surveyor, whose duty it shall be to ascertain whether or not the number of owners of real property fronting on the street, etc., as required by said sections, are affixed to said petition for said improvement, to authorize the publication of the same. No. 1112. (2.) That should the number of owners of real Duty of surveyor property on the streets, etc., petitioned to be improved, be found affixed thereto, as required by sections 119, 120 and 121, it shall be the duty of the surveyor, upon his knowledge of the fact, to inscribe the same in a book to be kept for the purpose, and report thereon to the common council, in order that the same may be published according to law, recording in said book the date of each publication ; and after the completion of the num- ber of publications required by law, to give information to the common council, so that the necessary adjudications may be ordered or not, as the case may be. 388 I STREETS, ESO. Certain other pe- No. 1113. (3.) That all petitions obiectinff to improvements titions to be re . , . . , . i n i i /.-.-, ferred to sur- already petitioned tor, snail also be referred to the surveyor on the first reading of the same, to be recorded and reported by him to the common council, as the nature of the fact may be upon examination of the premises, of the number of owners of real property thus objecting, with the relative bearing of the same upon the improvements petitioned for, according to sections 119, 120 and 121, of the new city charter. Costs of publish. No. 1114, (4.) That before the petitions for improvements comptroller. are published, the comptroller shall demand and receive from the petitioners the costs of publishing said petition, in accordance^ with section 122 of the city charter. ■,, City Ordinance, No, 3304. Approved March 27th, 1857. See No. 108. ■*^ <»»»'>• '4 iipm s K CITY OFFICERS. / ... /' mayor; CHARLES M. WATERMAN. OOMPTEOLLER : TOBASUEEE : ^ THOMAS THEARD. * ADAM GIFFEN. STREET COMMISSIONBE : SURVEYOR: AMEDEE GUYOL. LOUIS H. PILIE. CITY attorstbt: assistant city attornbt: J. J. MICHIIL. J. C. LATILLE. CITY PHTSICUKS. DR. ALEXANDER HART, DR. CHARLES DELBRY. First District, GERARD STITH. Third District, *...JOS. SOLOMON. Second District, G. L, FABRE. Fourth District, L. ADAMS. Finance Comiuittees« BOAED OF ALDKEMBN: L. H. PLACE, Chairman, J. B. GOURDAIN, AUG. MONTGOMERY, B. S. HARRISON. BOARD OF ASSISTANT ALDXRUEN: N. E. BAILEY, Chairman, J. B. OLIVER, W. C. RAYMOND, JOHN E. HOLLAND. BBCRETARIES OF THE MAYOR : J. B. WALTON, JULES CASSARD. BECRETAKtES OF THE COMMON COUNCIL. Board of Aldermen: CHARLES CLAIBORNE. Board of Assistant Aldermen : J. A. HOPKINS. BOARD OF COMMISSIONERS OF THE CONSOLIDATED DEBT. CHARLES M. WATERMAN, Mayor, President. L. H. PLACE, Chairmen Finance Committee, Vice President. T. THEARD, Comptroller. ADAM GIFFEN, Treasurer. N. E. BAILEY, Chairman Finance Committee, Board Assist. Aldermen. OVIDE DeBUYS, Secretary. BOARD OF CITY ASSESSORS. MARK WALTON, 3d Assessment District, President. ARTEMON HILL, lat Assessment District. B. CHARBONNET, 7th Assessment District. LOUIS BOULIGNY, 2d *' « H. DUCATEL, 8th « « B. L.TRACY, 4th « " C. W. FASSY, 9th « « JOSEPH BTTER, 5th « " B. SOMMERBAU, 10th " « F. CORREJOLLES, 6th « « J. A. WATKINS, 11th " « J. J. BURNETT, 12tli Assessment District. \ i .1 h I i ''i ^1 ? f ;. . M r: ; I -J ii i'tt*'W-'' AUCTIONS AND AUCTIONEERS, p. 6. Statute. manner of qualifying, p. 6, § 1. bond of auctioneers, p. 6, ^ 2. iHA the amount of bonds, p. 7, ^ 3. license from auditor, p. 7, | 4. IHA certain persons disqualified, p. 7, § 5. <'■ ' who may be auctioneers, p. 7, § 6. ' "; certain duty on articles sold, p. 7, ^ 7. in certain cases forfeits his license, p. 7, ^ 8. quarterly accounts, p. 7, ^ 9. annual statements, p. 8, ^ 10'. accounts to be audited, p. 8, ^ 11. oath in writing, p. 8, ^ 12. duties, when to be paid, p. 8, g 12. his af&davit in certain cases, p. 8, ^ 13. or his mileage, p. 8, § 14. n sales of jewelry, p. 8, ^ 15. sales of cutlery, p. 9, ^ 16. right of purchaser to return articles, etc., p. 9, g 17. ' fl- mock bidders, etc., p. 9, ^18. ... f'.jh auctioneers cannot purchase, etc., p. 9, ^ 19. io •'{;*0t> INDEX. AUCTIONS AND AUCTIONEERS, (Continued.) his substitute, p. 9, § 20. places of sales, p. 9, ^ 21. compensation to auctioneers, p. 9, § 22. in judicial sales, statement as to advertisements, p. 10, § 1. legal advertisements, what proof of, p. 10, ^ 2. responsibility for neglect to advertise, p. 10, ^ 3. prescription against informalities, p. 10, g 4. ''*^ highest bidders, p. 10, § 5. '* all sales to be made in day time, except, etc., p. 10, g G. "' judicial sales, by whom made, p. 11, § 8. succession sales, by whom made, p. 11, ^ 9. proces verbal — effect as evidence, p. II, § 10. notes and securities, p. 11, | 11. duty of recorder of conveyances, p. 11, ^ 12. certain sales may be made in New Orleans, p. 11, g 13. AWNINGS, SHEDS AND HANGING SIGNS, p. 11. BAKERY, BREAD, ETC., p. 13. chimneys of bakeries, how to be built, Nos. 154, 155. BALLS, THEATRES, ETC., p. 15. permission for balls to be first obtained. No. 46. mayor to close places of amusement in eertain cases, No. 47. duration of balls, No. 48. carrying weapons at balls, etc., No. 49. penalty for carrying weapons at balls, etc.. No. 50. police for places of amusement, No. 51. their compensation. No. 52. city police. No. 53. opposing police. No. 54. permission for exhibitions to be obtained, and tax, No. 55. disorderly acts. No. 56. persons of color. No. 57. vehicles in front of public places, etc.. No. 58. ^*»'t hours for police, No. 59. seats for city officers. No. 60. duty of mayor and surveyor, to prevent accidents, No. 61. violation of ordinances. No. 62. mayor to preserve order. No. 63. ordinances to be posted at public exhibitions, No. 64. immoral exhibitions, No. 532. * tax for the benefit of charity hospital, p. 128, § 10. Statute. BANQUETTES, p. 281. See, in index, " Streets, etc." BAR-ROOMS, p. 44. See, in index, " Coffee Houses." BASIN— FLAT BOAT, p. 110. See, in index, "Flat Boat Basin." BASINS AND CANALS, p. 32. See, in index, "Canals." BATHING IN PUBLIC PLACES, No. 519. BATTURE, p. 18. certificate of surveyor must be had for sand, etc., No. 66. i INDEXi BATTURE, (Continuedi) no sand permitted to remain on the levee, etc., No. 67. duty of wharfingers, No. 68. decisions of supreme court, pp. 19, 165, 292. BEEF AND PORK, inspection of, p. 20. Statute. inspectors for New Orleans appointed, p. 20, | 1. Statute. to provide suitable stores and yards, p. 20, | 2. Statute. barrels, how made, contents, brands, etc., p. 21, g 3. Statute. inspection, how made, p. 21, § 4. Statute. beef, etc., for exportation, how sorted, etc., p. 21, § 5. Statute. penalty for fraud or neglect of duty, p. 21, ^ 6. Statute. penalty for mixing or changing beef, etc., etc., p. 22, § 7. Statute. inspectors not to buy and sell, etc., p. 22, ^ 8. Statute. not removed until fees paid, p. 22, ^ 9. Statute. fees for inspection, p, 22, § 10. Statute. penalties how appropriated, p. 22, § 11. Statute. BEER HOUSES, p. 44. See, in index, "CoflFee Houses." BELLS— DOOR, ringing of. No. 496. . ,.^ BIRTHS AND DEATHS, register of, p. 233. See, in index, "Registry of Births." Id Ail BOARDING HOUSES AND HOTELS, p. 131. BOARD OF ALDERMEN, p. 50. See in index ''Common Council." BOARD OF ASSESSORS, p. 22. BOARD OF COMMERCE, p. 366. BOARD OF CURRENCY, pp. 84, 368. BOARD OF HARBOR MASTERS, p. 118. See in index '« Harbor Masters." BOARD OF "HEALTH, p. 120. See in index *« Health-" BONDS AND SECURITIES, p. 24. to be executed before the mayor. No. 73. sureties must possess real estate, etc., Nos. 74, 234. bonds to be completed before issue of warrants. No. 75. must be furnished within two weeks, No. 76. the conditions of all bonds, No. 77. bond of assistant city attorney, No. 22. bonds of coflFee house keepers, No. 162. contractors to give security. No. 237. forfeiture of bonds, etc., p. 25, g 28. Statute. the city authorized to require bonds, p. 25, | 42. Statute. BONE BLACK FACTORIES, p. 89. BREAD AND BAKERIES, p. 13. BUGGY, p. 311. BUILDERS, MASTER, WORKMEN, etc., p. 26. in building may use certain part of sidewalk and street, etc.. No. 79. unlawful to use certain portions, etc.. No. 80. forbidden to obstruct gutters, etc.. No. 81. street commissioner to enforce ordinance relating to builders, No. 82. tax on builders. No. 689. BUILDINGS, numbering of fire liwitg, p, 27. jia ^crpriun li . ,. ; ( INDEX. 397 BmLDWGS, (Continued.) ground to be filled, No. 84. surveyor's lines and level to be obtained, No. 85. front steps of buildings, No. 86. windows and shutters, No. 87. roof gutters, conduits for water, etc., No. 88. ofl&cers of fire department to examine the construction of houses, etc., No. 292. . ; dangerous buildings, duty of surveyor, etc., No. 89. ' ' public buildings to be made safe, duty of mayor, etc.. No. 90. demolition of houses to stay progress of fire, Nos. 270, 281. defacing buildings, fences, etc.. No. 91. ' buildings, how to be constructed to prevent fire. No. 263, 292. all houses to be numbered, etc.. No. 92, power of mayor, etc., to order numbers to be affixed. No. 93. wooden buildings not to be erected within certain limits. No. 95. houses with wooden roofs not to be built within certain limits, No. 96. removal of houses, No. 97. increasing dimensions and repairing houses. No. 98. penalty for violation of ordinanc*- relative to buildings, No. 99. power of city to make ordinances relative to wooden build'gs, p. 31 . Statute. BULL AND BEAR FIGHTS, No. 522. BURIALS AND BURYING GROUNDS, p. 35. See in index ''cemeteries, etc." CABARETS, p. 44. See, in index, ''Coffee Houses." CABS, p. 311. See, in index, "Vehicles." CAMPHENE FACTORIES, p. 89. CANALS AND BASINS, pp. 32, 365. powers of the harbor master of the new canal. No. 101. « captains to report to harbor master, name, etc., of vessel, No. 102. captains to report in relation to cargo, etc., No. 103. captains to conform to orders of harbor master, No. 104. when to discharge cargo, No. 105. vessels unemployed to pay five dollars per day, etc., No. 106. not to discharge or receive cargo in certain places. No. 107. unseaworthy vessels, No. 108. vessels to have keepers on board, No. 109. vessels not to be built or careened for repairs in canal, No. 110. combustible matter and fires. No. 111. rafts and timbers not to be brought in canal, No. 112. steamboats in canal. No. 113. course of vessels in passing each other. No. 114. towing. No. 115. vehicles not to be driven on tow-path of canal. No. 116. throwing articles in or obstructing canals, No. 117. fines. No. 118. vehicles not to be driven on landings. No. 119. schooner landing in canal Carondelet, No. 120. Where to discharge cargo in said canal, No. 121. 398 INDEX. CANALS AND BASINS, {Continued.) penalty, No. 122. hauling timber from bayou St. John, No. 1077, etc. CARPENTERS, p. 26. CARPETS, shaking of, etc.. No. 514. CARRIAGES, p. 311. See, in index, '* Vehicles." CARROLLTON AND NEW ORLEANS RAILROAD, p. 223. See in index, "Railroads." CARTS, p. 311. See in index, "Vehicles." CEMETERIES AND INTERMENTS, p. 35. certificates for burial. No. 123. failure to obtain certificates, No. 124. of the material for building tombs. No. 125. opening tombs. No. 126. cemeteries belonging to associations, etc., No. 127. removal of rubbish, No. 128. duty of sextons, No. 129. prices for interments. No. 130. duty of recorder of births and deaths. No. 131. duty of surveyor and street commissioner relative to cemeteries, No. 132. burials and church-yards, No. 133. damaging and defacing tombs, graves, etc., Nos. 134, 535. improper conduct in cemeteries, etc., No. 135. dead bodies to be buried within forty-eight hours, etc., No. 136. vehicles not to enter cemetries. No. 137. burial of indigent deceased persons, No. 138. burial of deceased prisoners, No. 139. interments in fourth district cemetery, No. 140 cemetery of Israelite association. No. 141. sextons authorized to make arrests, etc., 142. sextons to post certain ordinance; No. 143. cemeteries not to be established without permission. No. 144. disinterring dead bodies. No. 538. cemeteries exempted from taxation, p. 40, ^ 1. Statute. right of associations to sell lots for burial, etc., p. 40, § 2. Statute. CHAIN GANG, p. 41. CHAMBER OF COMMERCE, p. 366. CHARITY HOSPITAL, p. 127. See, in index, "Hospitals." CHILDREN, pp. 131, 182, | 122. how punished, No. 548. ; CHIMNEYS AND STOVES, p. 41. chimneys to be swept every month. No. 147. stoves— distant from wood work. No. 148. stove pipes — how to be fixed. No. 149. stove pipes not to project over side walks. No. 150. to be so arranged as not to annoy neighbors. No. 151. penalty for violations of the ordinances, No. 152. chimneys of steam engines, bakeries and factories, No. 154. CHIMNEYS AND STOVES, (Continued.) penalty for violation of foregoing provision, No. 155. chimneys, etc., how to be constructed, No. 263. fire department, oflBcers have right to superintend, etc., No. 292. chimneys — how built against walls in common, etc, pp. 42, 43. Statute. CmCUSES, p. 15. See, in index, "Balls, etc. " CITY ATTORNEY p. 2, See, in index, "Attorney." CITY ASSISTANT ATTORNEY, p. 3. See, in index, "Attorney, City Assistant." CITY COMPTROLLER, p. 56. See, in index, "Comptroller." CITY, claims against it, p. 43. CITY CORONER, p. 73. See, in index, "Coroner." CITY DEBT, p. 66. See " Consolidated City Debt. " CITY, NEW ORLEANS, p. 162. See, in index, " New Orleans, " CITY NOTARY, p. 170. See, in index, "Notary." CITY OFFICERS, p. 185. See, in index, " Officers." for list of officers, see p. 389. CITY PHYSICIANS, p. 198. See, in index, "Physicians." CITY POUNDS, p. 207. See, in index, "Pounds." CITY PROPERTY, injuring, etc.. No. 535. CITY RECORDERS, p. 224. See, in index, "Recorders." CITY SEAL, p. 257. CITY SURVEYOR, p. 297. See, in index, "Surveyor." CITY TREASURER, p. 305. See, in index "Treasurer." CLAIMS AGAINST THE CITY, p . 43. city certificates to bear seven per cent, interest. No. 158. comptroller to register certificates. No. 159. city officers' salaries to be paid in preference to other claims. No. 160. finance committees authorized to discount notes, etc.. No. 181. comptroller to examine, settle and audit claims, etc.. No. 200. consolidated city debt, p. 66. CLOTHES AND BEDDING, not to hang in public places, No. 514. CLUB ROOMS, p. 44. COACHES, p. 311. COCK PITS, No. 533. COFFEE HOUSES, etc., p. 44. first to obtain license, No. 161. to give bond and security. No. 162. must place on the door a sign, etc.. No. 163. no license to issue to colored persons, No. 164. conditions of certain licenses. No. 165. not to transfer license without consent of mayor. No. 166. not to sell liquors to United States soldiers, etc., No, 167. not to sell or give away liquor to slaves, Nos. 168, 763, 764. ^ coffee houses open in contravention of laws. No. 169. hours to keep open coffee houses. No. 170. music in bar-rooms, etc., No. 171. disorderly houses, No. 172. slaves in coffee houses, No. 173. 1 400 INDEX. COFFEE HOUSES, etc., (Continued.) • on election days, not to be kept open, No. 174. lewd women not to be permitted to visit coffee houses, Nos. 403, 1090. free persons and slaves not to play cards together in coffee houses, No. 765. slaves not permitted in coffee houses, No. 770. taxes and licenses on coffee houses, p. 239. See " Revenue." municipal authorities authorized to regulate sale of liquors, p. 46. Statute, punishment for keeping disorderly house, p. 47. Statute, punishment for keeping coffee house without license, p. 47. Statute. COLORED PERSONS, p. 257. COMMERCIAL WATER WORKS COMPANY, p. 324. : , ' COMMERCE— CHAMBER OF, p. 366. . ^. e,«>a COMMISSARIES, duty as to fire plugs. No. 322. ' - to keep scales and weights, No. 429. market carts, No. 433. to post ordinances, No. 439. their salaries, etc., pp. 155, 156. COMMISSIONERS, of McDonough estate, p. 142. commissioners, house of refuge, p. 131." commissioners, board of health, p. 120. commissioners, work house, p. 353. commissioners, charity hospital, p. 127. commissioners, consolidated city debt, p. 66. COMMITTEES, p. 47. finance committees, to withdraw certain suits. No. 177. their clerk. No. 178. to approve bills and certificates, No. 179. to approve applications for orders. No. 180. authorized to discount notes; No. 181. to report when notes are discounted. No. 182. • to record judgments, No. 183, 28, duty in connection with comptroller, No. 198. duty as to fiscal agent, No. 337. duty as to fire department, No. 314. duty as to approval of certificates, Nos. 158, 159. compensation of chairmen, p. 48. Statute, committee on fires, p. 49. to supervise fire department. No. 190; with other committees to compose board of commissioners, No. 314. for fire department, see p. 94. committee on house of refuge, p. 49. committee on police, p. 49. for police department, see p. 202. committees on streets and landings, p. 48. to approve certificates for work done. No. 184. specifications, Nos. 185, 236-7. to fix number of carts and laborers, No. 186. f INDEX. 401 COMMITTEES, {Continued.) commmittee on streets, etc., p. 281. committee on work-houses and prisons, p. 48. to appoint secretary, and his salary, No. 187. for work-house and prisons, see p. 353. committees generally, p. 49. COMMON COUNCIL, p. 60. petitions and claims addressed to council, No. 192. petitions relative to paving and opening streets, No: 193. publication of proceedings of common council, p. 192. secretary of board of aldermen, No. 194. assistant board of aldermen. No. 195. ' committees of common council, p. 47. official paper of common council, p. 190. ordinances and legislative power of council, p. 196. Statute. aldermen, etc., commissioned as justices of the peace, p. 180, Art. 124. Constitution. city divided into districts and wards, p, 51. Statutes. number of aldermen and assistant aldermen, p. 52, § 2. Statutes. board of aldermen and assistant aldermen, legislative power, etc., p. 52, ^ 3. term of office of aldermen, p. 52, g 3. how elected, p. 52, | 8. term of office of assistant aldermen, p. 52, ^ 3. division of aldermen into classes, and term of each, p. 52, ^ 4. assistant aldermen, p, 52, I 5. vacancy in office of aldermen or assistant aldermen, p. 52, 1 16, organization of the boards, p. 52, § 18. president to be chosen by each board, p. 52, § 18, duties and powers of boards, p. 52, ^ 18. - power of expulsion of members, p. 52, § 18, further duties and powers of boards, p. 62, | 18. boards to meet and act separately, p, 63, § 19. powers of boards in passing resolutions and ordinances), p. 53, ^ 19. members not to hold certain offices or become interested in contracts, p. 53, 1 21. powers vested in common council, p. 53, I 23. council not to increase debt of city, p. 53, ^ 1. p. 54, g 2. warrants not to be issued unless funds to pay the same, p. 54, | 3. duty of council as to certain taxes, etc., p. 54, ^ 1. equal and uniform taxes to be levied annually, p. 54, § 42. rate of taxation, p. 54, § 42. common council's duty as to assessment districts, p. 54. § 45. * detailed estimate to be made before taxing, p. 55, | 124. adoption of said estimate to be an appropriation, p. 55, § 124. no money to be drawn from treasury without previous appropriation, p. 55, § 124. common council to organize different departments and offices, p. 55, ^ 125. to fix the compensation of officers, p. 56, § 126. 61 402 INDEX. COMMON COtJNCIL, {Continued.) '=>i common council not to increase salaries in certain cases, p. 55 ^ 127' their power of removal, p. 55, ^ 128. their power to require bond and surety, p. 55, | 132. power to fix fees of coroner, p. 77, | 1. have not the power to release contractors, etc., p. 73, ^ 21. • to elect three members of board of health, p. 12G, § 26. to appoint committee and directors for water works company, p. 326, § 11, 22. decisions of supreme court, p. 165. v COMPANIES—INSURANCE, etc., pp. 137, 78, 79. COMPANY— DRAINING, p. 86. COMPANY— GAS, p. 324. COMPANY— WATER WORKS, p. 324. See in index " Waterworks Company." COMPTROLLER, p. 56. to have a general superintendence of fiscal alfairs, No. 197. to prescribe the mode of keeping citj' books, etc., No. 198. A ^ his books and accounts, how kept, Nos. 199, 223. "' "'* < to examine, settle and audit claims, No. 200. he shall sign and approve orders, etc., and issue licenses, No, 201, his duty as to tax receipts, No. 202. * his duty as to assistant city attorney. No. 203. ^h^''' 1 his duty relative to warrants on the treasury, No. 204. ' %^ his semi-annual report, what to contain, etc.. No. 205. his duty relative to sales of contracts, etc., No. 206. defalcations and settlement of city ofiicers. No. 207. his annual report relative to contracts. No. 208. orders for coal, stationery, etc., No. 209. ; ; ' to make reports in relation to appropriations, No. 210. his duty in relation to debls due the city. No. 211. to state the conditions of all contracts at time of sale, etc, No. 212. his duty in relation to the treasurer's department and his reports. No. 213. errors in assessments. No. 214. to examine treasurer's list of taxable persons. No. 215. bonds of city officers to be executed before him, No. 216. Repealed, see No. 73. to sign bonds issued by commissioners of city consolidated debt, No. 217. his deputies. No. 218. shall be the keeper of title deeds, contracts, etc.. No. 219. he shall give bond. No. 220. specifications. No. 224. reselling contracts, Nos. 225, 240. ' to countersign treasurer's checks and reports thereon. No. 226. *^' redemption of city notes. No. 227. ^' . debts of late municipalities, etc.. No. 228. to collect rents, etc., due the city, Nos. 229, 230. i«*^'' -'l to register certificates approved by finance committees, No. 159i " to obtain printed forms for city ofiicers, Nos. 668, 571. INDEX. 403 COMPTROLLER, (Continued.) duty as to fiscal agency, p. 107. his election, p. 188, § 8. Statute. his duties and powers, p. 64, g 80. Statute. his duty relative to violations of ordinances, p. 196, ^ 108." Statute. comptroller can discharge deputies, etc., etc., p. 189, g 125. Statute. comptroller to sell contracts, etc., p. 73, | 1. Statute. CONCEALED WEAPONS, p. 182, § 109, p. 184. CONSOLIDATED CITY DEBT TAX, etc., p. 66. by whom to be signed. No. 231. commissioners to compromise, liquidate, etc., certain debts, No. 232. commissioners to appoint collectors. No. 232. collectors' compensation. No. 232. '. additional debt of city, No. 233. certain debt to be assumed by New Orleans, p. 69, ^ 37. Statute. commissioners of consolidated city debt, p. 69, § 37. Statute. their powers in relation to obligations of city, or bonds, p. 69, ^ 37. Statute. creation of consolidated debt of New Orleans, p. 69, § 37- Statute. apportionment of debts of old corporation, p. 69, § 37. Statute. raising of a consolidated loan tax, p. 69, ^ 37. Statute. surplus of said tax, how dispobcd of, p. 69, § 37. Statute. restriction on New Orleans as to issuance of bonds, etc., p. 70, § 37. debt of Lafayette assumed by New Orleans, p. 70, ^ 5. Statute. . payment of said debt, how provided for, p. 70, § 5. Statute. equal and uniform tax to be levied annually, p. 70, ^ 6. Statute. rate of taxation, p. 70, § 6. Statute. CONTRACTS AND CONTRACTORS, p. 70, § 26. surety to possess real estate, No. 234. contracts not to be sold until approval of specifications. No. 235. publications of specifications. No. 236. purchasers of contracts to oflFer good and sufficient security. No. 237. city notary to notify purchasers of approval of adjudication, No. 239 . duty of purchasers of contracts, and resale of contracts, No. 240. > surveyor to report to council non-fulfillment of contracts, No. 241. street commissioner to impose fines on street contractors, No. 807. claims for extra work in contracts. No. 242. the conditions in all city contracts. No. 212. street commis'r not to issue certificates to street contractors, etc., No. 802; officers not to be interested in city contracts. No. 556. certificates to contractors to bear interest. No. 158. tax on contractors. No. 689. bond and sureties, p. 24. all public works to be sold by contract at auction, etc., p. 73, ^ 1. Statute. right to appeal from comptroller to common council, p. 73, ^ 2. Statute. common council have not the right to release contractor, etc., p. 73, ^ 3. Statute. Aldermen not to be interested in contracts etc., p. 73, g 21. Statute. 404 INDEX. CORONER, p. 73. his fees, No. 243. expert physician to coroner, p. 198, No. 584. election of coroner, p. 74, § 1. Statute. his oath and bond, p. 74, § 1. Statute, vacancy, how filled, p. 74, ^ 1. Statute. to be conservator of the peace, p. 74 ^ 2. Statute. to act as sheriff in certain cases, p. 74, | 3. Statute. to make inquiries and burials in certain cases, p. 74, ^ 4. Statute. ' slaves to be buried at expense of owners, p. 74, § 4. Statute. certificates to be made where no inquest, p. 74, § 6. Statute. -* certificate, where filed, p. 75, g 5. Statute. s in what cases inquests held, p. 75, | 6. Statute. jury of inquest summoned, p. 75, ^ 7. Statute. jurors not attending to be fined, p. 75^ | 8. Statute. oath of jurors, p, 75, ^9. Statute. by-standers summoned in certain cases, p. 75, § 9. Statute. attendance of witnesses may be enforced, p. 75, ^ 10. Statute. physician may be summoned, p. 75, g 10. Statute. oath of witnesses, p. 76, ^ 11. Statute. testimony to be reduced to writing, p. 76, ^ 12. Statute. verdict of jury, p. 76, g 13. Statute. form thereof, p. 76, g 13. Statute. witnesses shall be bound over to appear at court, p. 76, ^ 14. Statute. returns of coroner, p. 76, ^ 14. Statute. certain witnesses to be committed to jail, p. 76, g 14. Statute. duty of coroner to make arrests, p. 76, ^ 15. Statute. expenses of inquests, how paid, p. 76, ^ 16. Statute. penalty for overcharging, p. 77 g 16. Statute. may appoint a deputy, p. 77, ^17. Statute. common council have power to fix coroner's fees, p. 77, ^ 18, 21. Statute. mode of proceeding with persons found drowned, p. 77, § 19. Statute. justice of the peace in certain cases to act, etc., p. 77, | 20. Statute. CORPORATIONS, generally, p. 78. for the organization of corporation for works of public improvement and utility, p. 79. Statute. for the organization of corporations for literary, scientific, religious and charitable purposes, p. 81. Statute. ;: to extend powers of railroad corporations, p. 83. Statute. act fixing domicile of corporations, p. 367. COTTON PRESSES AND PICKERIES, p. 84. COUNCIL— COMMON, p. 50. See, in index, "Common Council." COURT HOUSES, keeper of, p. 138. CRACKERS, etc., firing off, No. 499. CRIMES, MISDEMEANORS AND NUISANCES, p. 172. See, in index, "Offenses." CRIMINALS AND FOREIGN PAUPERS, p. 112, CURRENCY— BOARD OF, pp. 84, 368. ^ i,- .. : :.: ,., ,: ,.,, .i^- :.: ii,. INDEX. DAIRIES AND STABLES, p. 275. DEATHS AND BIRTHS, registry of, p. 233. DEBT, CONSOLIDATED CITY, p. 66. See, in index, "Consolidated City Debt." DEPARTMENT— POLICE, p. 202. See, in index, *Tolice Department." DISINTERMENT of dead bodies, No. 638. DISTURBANCES, No, 505. DITCHES, p. 90. DOGS, No. 521, and p. 183, ^ 31, 32. DOOR BELLS, ringing of. No. 496. DOOR PLATES, defacing, etc.. No. 496. DRAINS, draining company, p. 86. DRAYS, p. 311. See, in index, "Vehicles." DRUMS', beating of. No. 501. DRUNKENESS, No. 505. ELECTIONS, pp. 86, 368, 234. for subscription to stock companies. No. 247. treasurer to keep list of persons paying taxes, No. 248. expenses for refreshments for judges, etc., No, 249. improper interference of police, No. 250. notices in papers of elections, p. 192. coffee houses not to be kept open on election days. No. 175. voters must vote in the precincts of their residence, p. 87, Art. 13. the vote shall be by ballot, p. 87, Art. 98, commissioners liable in damages in certain cases, p. 87, duty of common council to establish precincts, p. 87, § 12, Statute,* appointment of inspectors and clerks, p. 88, g 13. Statute. returns of election, how made, p, 88, ^ 14. Statute. registry of voters, p, 234. Statute. authorized to administer oaths, p, 238, § 17. appointment of register, p, 234, ^1. his duty to register name and residence of voters, p. 284, g 1, what names to be registered, p, 234,' ^ 2, form of registry, p, 234, ^2, evidence of naturalized citizens, p. 235, § 3, duty of clerks to furnish certificates, p. 235, ^ 3. affidavit to be made by certain persons, p. 235, § 4. certificates to be furnished to citizens, p. 235, g 5. duplicate certificates to be given in certain cases, p. 235, ^ 6. change of domicile to be registered, p. 236, ^ 7. re-acquisition of residence, p, 236, § 8. to enforce registry if register declines, p, 236, § 9, office, when to be kept open, p. 236, | 10. register's books, p. 236, ^11. copies to be delivered to commissioners, p, 236, § 12. penalty in case of neglect of register, p. 236, § 12. power of governor to remove register, p. 237, | 13. register, in certain cases, liable in damages, p. 237, ^ l4. certificate conclusive evidence of right to vote, p. 237, § 16. 406 INDEX. ELECTIONS, ( Continued.) register's bond and security and oath, p. 238, § 16, salary, and by whom paid, and his office, p. 238, ^ 18, p. 381. his deputy, p. 238, | 19. all persons registered, etc., to vote and their oath, p. 238, § 20. persons unregistered not to vote, p. 239, ^ 21. repeal of certain registry law, p. 239, ^ 22. an act relative to elections in parish of Orleans, p. 368. election precincts, p. 368, § 1. places for holding polls, p. 369, § 2. how the polls shall be known, p. 369, | 3. polls of seventh precinct, p. 369, | 4. register to sub-divide lists, p. 369, ^ 5. board of commissioners, their duties, etc., p. 369, ^ 6. to appoint commissioners of election, p. 369, § 6. president and secretary of board of commissioners, p. 369, § 7. commissioners of election, p. 370, § 8. salary of members of the board, p. 370, § 9. board to designate places for polls, p. 370, § 10. places for holding polls to be published, p. 370, § 11. commissioners failing to attend — their substitutes, p. 370, § 12. oaths of commissioner, p. 370, § 13. polls not to be held in coffee houses, p. 371, ^ 14. hours of opening and closing polls, p. 371, § 15. * superintendent of elections, p. 371, g 16. threatening voters, p. 371, ^17. preventing persons from voting, p. 371, ^ 17. ballots and ballot boxes, p. 371, ^ 17. superintendent's office and deputies, p. 371, ? 18. duty of superintendent, p. 371, | 19. to employ any number of deputies, p. 372, ^ 20. deputies — their oaths, p. 372, \ 21. deputies to be commissioned, p. 372, § 22. to appoint extraordinary deputies p. 372, § 23. penalty for refusing to serve, p. 372, g 23. disturbing commissioners and voters — penalty, p. 372, § 24. resisting superintendent and deputies, p. 373, § 25. arrests on election days, p. 373, § 26. salary of deputies, p. 373, § 28. register of deputies, p. 373, § 29. New Orleans to pay half expenses, p. 374, I 30. superintendent authorized to close coffee houses, p. 374, § 31. office expenses of board, by whom paid, p. 374, ^ 32. when this act to go into effect, p. 374, § 83. law relative to betting on elections repealed, p. 381. EVENING GUN, p. 89. hour for slaves to return to their homes. No. 766. EXHIBITIONS— PUBLIC, p. 15. See, in index, "Balls, etc." ( INDEX. 407 '^ FACTORIES, TANNERIES, SLAUGHTER HOUSES, p. 89. permission of council to be obtained. No. 252. animals, how to be slaughtered. No. 254. no blood, etc., to be left in street, lot, etc.. No. 255. offensive odors from slaughter houses, No. 256. owners of the houses made responsible, No. 257. duty of police relative to slaughter houses, No. 258. , FENCES, WALLS AND DITCHES, p. 90. FERRIES, p. 91. FIRE, to prevent and extinguish, etc., p. 92. chimney, stoves, construction of buildings, Nos. 263, 292. burning shavings and other combustible matter in streets, etc., Ncf. 264. fires on vessels. No. 111. lights in stables and in places where hay, etc., is kept. No. 266. fires in markets. No. 448. boiling pitch, tar, etc., Nos. 266, 111. firing pistols, guns, crackers, etc.. No. 267. houses to be provided with ladders. No. 268. making false alarm of fire. No. 269. demolition of buildings to stay progress of fire, No* 270. chimneys, stoves, etc., p. 41. . » limits within which wooden buildings are excluded, p. 30. / ^'Ir FIRE DEPARTMENT, p. 94. of what it shall consist. No. 272. what every company must be provided with, No. 278. hook and ladder companies. No. 274. steam engine. No. 275. hose company of steam engine. No. 276. police powers of the ofl&cers. No. 277. certificate for each officer. No. 278. duty of captains. No. 279. duty of lieutenants. No. 28(^. duty of chief and assistants. No. 281. duty of chief engineer. No. 282. members of companies. No. 283. duty of officers of companies. No. 284. duty of captains or foremen, 285. duty of officers of hook and ladder companies. No. 286. duty of officers of steam engine hose company. No. 287. duty of officers of steam engine company. No. 288. engineer of steam engine company. No. 289. members' uniforms, etc.. No. 290. powers of companies, No. 291. power of officers to examine construction of buildings, Nos. 292, 263. location of companies. No. 293. Jocation of steam engine, bell ringers, etc., No. 294. officers, their appointment. No. 295. removal from office, 296. I #d8 INDEX, I FIRE DEPARTMENT, (Continued.) • • ■ 'vfOtDi.'! oath of officers, No. 297. : ,• bond of chief engineer, No. 298. bonds of assistant engineers. No. 299. limitation of number of companies, No. 300, ,ri< department supported by contract, No. 301. r j sale of contract, No. 302. appointments and removals of officers. No. 803. obligations of purchaser of contract, No. 304. obligations of contractor, No. 305. obligations of contractor, No. 306. duty of contractor, No. 307-8. police powers of contractor, No. 309. inventory of engines, etc., No. 310. > i contractor to keep engines in good order, No. 311. death of contractor, No. 312. power and duty of committees of council on fires. No. 313. board of fire commissioners — their power, etc.. No. 314. contractor to be paid monthly. No. 315. sale of contract to be approved by council, No. 316. ^^ repealing clause, No. 317. '^ delivery of engines, etc., No. 318: duty of police during fire, Nos. 319, 820. engines not to be run on sidewalks. No. 321. duty of commissaries as to fire plugs. No. 322. police to arrest persons opening fire plugs, No. 323. board of commissioners. No. 324. board of commissioners, their clerk, No. 325. depot for fire apparatus, No. 326. fire bells. No. 327. incorporation of fire companies, p. 106, § 1. Statute. . firemen exempt from jury duty, p. lOG, ^ 1. Statute. FIRE, false alarm of. No. 528. FIRE LIMITS, p. 30. See, in index, "Buildings." FIRES, committee on, p. 49. FISCAL AGENCY, p. 107. common council to elect a fiscal agent, No. 828. the dpject and purpose of electing such agent, No. 329. agent to pay interest coupons, bonds, etc., No. 330. to make monthly reports. No. 331. duty of treasurer. No. 332. comptroller, No. 333. term of office, No. 334. contract in writing between city and said agent, No. 335. the bank selected to notify mayor of acceptance, No. 336. chairman of finance committee to make the contract, No. 337. common council to elect fiscal agent, p. 109, ^ 118. Statute. INDEX. 409 FISCAL AGENCY, {Continued,) duties of said fiscal agent, p. 109, § 118. Statute. fiscal agent in certain cases to pay bonds, p. 109, § 118. Statute. proviso, p. 109, g 118. Statute. y . ' duties of fiscal agent, p. 109, § 118. Statute. FLATBOATS AND FLATBOAT BASIN, p. 110. unlawful to shell corn in basin. No. 338. removal of goods, in flatboats, for purposes of sale, No. 339. discharging cargo. No. 340. location of boats, No. 341. , ¥ i duty of wharfingers. No. 342. wharfage dues, 1001. ■^'' breaking up of flatboats, Nos. 1011, 1015. flatboat, etc., landing, Nos. 1013, 1016. FLOUR, INSPECTION OF, p. 111. . the inspectors appointed by governor, etc., p. Ill, § 1. W^ their fees, p. Ill, § 2. - . r duties of the inspectors, p. Ill, ^ 3. flour how inspected, p. 112, g 4. penalty against owner in case of mixture, p. 112, ^ 5. penalty for altering the brand of inspectors, p. 112, ^ 6. FOREIGN PAUPERS AND CRIMINALS, p. 112. FORGES, FOUNDRIES AND STEAM ENGINES, p. 113. FORGES, chimneys of, No. 154. FREE PERSONS OF COLOR AND SLAVES, p. 257. See, in index, "Slaves." GAMBLING, p. 183. GAS COMPANY, p. 324. GAS LIGHTS, p. 139. GIGS, p. 311. See, in index, "Vehicles." GOATS, stray, p. 207, No. 589. GOODS, not to obstruct pavements, etc., etc., Nos^ 509, 594, 962. GRAVE YARDS, p. 35. GROCERIES, not to be sold in streets, No. 515. GROG SHOPS, p. 44. See, in index, "Coffee Houses." GUN, EVENING, pp. 89, 499. GUNPOWDER AND POWDER MAGAZINE, p. 114. license to sell gunpowder, No. 347. "Wholesale vendors, No. 348. dealers in powder must have certain sign. No. 349. vessels, steamboats, etc., carrying powder. No. 350, no person allowed to pack powder, etc., No. 351. vehicles for conveying powder, No. 352. publication of laws relative to gunpowder. No. 353. keeper of powder magazine annually elected, No. 354. hours for keeping open the magazine. No. 355. regulations of the magazine, No, 356. delivery of powder, No. 357. 52 t # tlirbEi. aUNPOWDEE, AND POWDER MAGAZINE, {Continued.) charges, No. 358. certain companies exempted from charges, No. 359. penalties, No. 360. city council authorized to punish contraventions, etc., p. 116, g 7. Statute. council authorized to charge for keeping powder, p. 117, ^ 1. Statute, build powder magazine, p. 117, ^ 2, 3. Statute. HACKS, p, 311, See, in index, "Vehicles." HANGINa SIGNS, p. 11. HARBOR MASTERS, p. 118. their duties and powers, Nos. 362, 363. harbor master of new canal, his duties, p. 32. five harbor masters to be appointed for New Orleans, p. 119, § 2. Statute. term of office, p. 119, ^ 2. Statute. powers of removal by governor, p. 119, ^ 2. Statute. to give bond and security, p, 119, § 3. Statute. duties and powers of harbor masters, p. 119, ^ 4. Statute. penalty for opposing them in their duties, p. 119, § 4. Statute. persons aggrieved may appeal to board of harbor masters, No. 119, ^ 4. their compensation, p. 119, § 5, Statute. duty to enforce laws relative to nuisances on levee, p. 120, § 6. Statute. their office, where to be kept, p. 120, § 7. Statute. to demand from captains permits of resident physicians, etc., p. 125, § 17. HEALTH— BOARD OF, AND QUARANTINE, p. 120. street commissioner and police, to execute orders of, etc., No. 364. quarantine established, p. 120, § 1. Statute. board of health to locate quarantine ground, p. 120, § 1. board of health,, how composed and chosen, p. 121, § 2. term of office and oath, p. 121, | 2. meetiugs of the board of health, p. 121, ^3. time of meeting and organizing, p. 121, g 4. duties of the president, p. 121, ^4. his removal and salary, p. 121, ^ 4. what shall constitute a quorum, p. 121, g 5. assistant physician, and his salary, p. 121, g 6. powers and duties of board of health, p. 121, § 6. secretary and treasurer, p. 122, g 6. to remove substances detrimental to health, p. 122, § 6. their power to enforce sanitary ordinances, p. 122, ^ 6. appointment, duty and salary of marshall, p. 122, ^ 6. quarantine stations, etc., p. 122, ^ 7. appointment, salary and duty of physician, p. 123, ^ 8, his power to detain certain vessels, p. 123, ^ 9. his power over officers and vessels, p. 123, ^9. vessels found in a foul condition, p. 123, § 9. duties of physician, p. 123, ^ 10. treasurer for the quarantine ground, p. 124, § 11. duties of secretary of board of health, p. 124, § 12. INDEX. 411 HEALTH— BOARD OP, AND QUARANTINE, (Continued.) proclamation, in certain cases, by the governor, p. 124, ^ 13. effects thereof, p. 124, § 13. penalty for violating quarantine regulations, p. 124, § 14. duty of captains of tovr boats, p. 125, ^ 14. penalty for violating the provisions of this act, p. 125, § 15. report to be made of all violations, p. 125, g 16. prosecution for violations, p. 125, | 16. .^^j duty of harbor masters, p. 125, § 17. i tow boats liable to inspection and quarantine, p. 125, § 18. penalties imposed on captains for certain offeuses, p. 125, g 19. jurisdiction of courts, p. 125, ^ 19. extracts of this act to be published, etc., p. 125, § 20. duty of pilots to deliver copies, etc., and penalty, p. 126, § 21. going on vessels performing quarantine, p. 126, § 22. limits of quarantine station, p. 126, § 23. appropriation by the State, and how paid, p. 126, § 24. buildings at the stations, p. 126, ^ 25. common council to elect three members of the board, p. 126, ^ 26. incorporation of board of health, p. 126, § 27. • HOGS, not to be kept in certain parts of city, No, 520. running at large, p. 109, No. 691. HORNS, blowing of. No, 501. HORSES, cruelty to, p. 183, § 31, 32. hitching them near, or on sidewalks, No. 512. riding them in certain squares or streets, No. 611. stray, p. 207, No. 589. washing them on pavements. No. 513. for loading vessels. No. 1032. HOSPITALS, p. 127. tax on every private hospital. No. 670. charity hospital, eight administrators appointed, etc., p. 127, ^ 1. Statute. the governor to be president, the vice-president, etc., p. 127, § 1. the meetings of the board of administrators, p. 127, | 1. the powers of the board, p. 127, § 2. powers and duties of the board, p. 127, ^ 3. treasurer, his bond, p. 128, § 4. duties of treasurer, p. 128, § 6. board to declare seats vacant, p. 128, § 6. their annual report, p. 128, § 7. register to be kept by clerk, p. 128, § 8. board to annex register to their annual report, p. 128, J 8. money, how appropriated, p. 128, § 9. exhibitions, balls, etc., taxed^for hospital, p. 128, g 10. report to be made by captains, etc., p. 128, | 11. certain persons to give bonds, p. 129, ^ 12. penalty for not giving bonds, p. 129, § 12. eommutation for said bonds, p. 129, ^13. , , . . ^, , jM' 412 INDEX. HOSPITALS, {Continued.) commutation, to whom made, p. 129, g 14. effect of the said bopds, p. 129, § 15. hospital commissioners, their duty, appointment, etc, p. 129, ^16. bonds, fines and forfeitures to be paid to hospital, p. 130, § 17. penalties, etc., p. 130, g 18. persons opposing harbor masters pay penalty for hospital, p. 119, ^ 4. certain fines to be paid charity hospital, p. 188, § 96, p. 202, | 17. decisions of supreme court, p. 130. HOTELS, BOARDING HOUSES, etc., pp. 131, 374. HOUSE OF REFUGE, p. 131. council to elect a board of commissioners. No. 365. president of the board, No. 366. powers and duty of the board, No. 367. to make quarterly reports. No. 368. duty of committees of house of refuge. No. 369. board to appoint ofiicers and servants, No. 370. commissioners failing to attend meetings, No. 373. secretary of the board, No. 374. • the house of refuge, p. 375. city attorney to attend to writs of habeas corpus. No.' 376. . girl's house of refuge. No. 377. appropriation for holidays, No. 378. punishment of minors, No. 548. who considered juvenile vagrants. No. 1080. punishment of parents of juvenile vagrants, No. 1081. duty of police, etc., No. 1082. duty of city attorney, No. 1083. committees on house of refuge, p. 49. juvenile vagrants, bow treated, p. 134, ^ 122. Statute. criminals under fifteen years old, sent to house of refuge, p. 134, § 31. HOUSES, BUILDINGS, etc., p. 27. See, in index, " Buildings." HOUSES— SLAUGHTER, p. 89. See, in index, '« Factories." IDIOTS, asylum, etc., p. 134. INDECENT LANGUAGE, etc.. No. 502. INSANE PERSONS, asylum for, etc., p. 134. temporary city asylum. No. 379., its officers, No. 380. duty of superintendent, No. 381. its location. No. 383. charge for slaves. No. 384. charge for white patients, No. 885. city attorney to take steps for their admission in Jackson asylum, No. 386. city physician to visit them daily. No. 387. duty of keeper to notify sheriff, etc., No. 388. lunatics, how admitted to Jackson asylum, p. 136, g 9. Statute, duty of district judges and sheriffs, p. 136, § 9. compensation to sheriffs, p. 136, § 9. INDEX. 413 INSANE PERSONS, {Continued.) power of the board to receive lunatics, p. 136, g 10. monthly accounts paid by lunatics, p. 136, ^ 11. indigent persons exempted from charges, p. 136, ^ 11. duty of clerks of district courts, p. 136, ^ 12. INSPECTION OF BEEF AND PORK, p. 20. See, in index, "Beef," etc. INSPECTION OF FLOUR, p. 111. See, in index, "Flour." INSPECTION OF TOBACCO, p. 300. See, in index, "Tobacco." INSPECTION OF WEIGHTS AND MEASURES, p. 351. See, in index, "Weights," etc. INSPECTIONS, generally, p. 137. INSURANCE, insurance companies, pp. 137, 78, 79. INTERMENTS AND CEMETERIES, p. 35. See, in index, "Cemeteries." INTOXICATION, No. 505. JACKSON (La.) INSANE ASYLUM, p. 136. JACKSON (Miss.) AND NEW ORLEANS RAILROAD, p. 218. JAILS, p. 357. • JURORS AND JURY, p. 138. JUSTICES OF THE PEACE, j). 224, See "Recorders." JUVENILE VAGRANTS, p. 182, ^ 122, and p. see "House of Refuge. KEEPER OF COURT HOUSES, p. 138. council annually to elect keeper, No. 390. his duties, Nos. 391, 392, 393. his responsibility, No. 394. to reside and sleep in court house, No. 395. his compensation, No. 396. his bond, No. 397. council may demand additional security, No. 398. additional duties, No. 400. KEEPERS OF POUNDS, p. 207. LAMPS, LIGHTS, GAS, etc., p. 139. LEVEES, p. 281. See, "Streets." LEVEES, p. 332. See "Wharves." cutting levees — penalty, p. 182, ^ 109. LEWD WOMEN, pp. 141, 376. to live within certain portions of the city, Nos. 1084, 1102. duty of police and recorders. No. 1085. to pay tax and obtain license, No. 1086. their annual tax, Nos. 1087, 1100. mayor's duty as to licenses, 1088. disturbing the peace — penalty, Nos. 1089, 403, not to visit cabarets, etc., Nos. 1090, 404. white women and free colored women not to live together, No. 1091. hiring rooms and houses. No. 1092. mayor, in certain cases to order their removal, No. 1093. police powers, etc.. No. 1094. forbidden to do certain things. No. 1095. penalty for opposing police, 1096. 414 INDEX. LEWD WOMEN, {Continued.) police to enforce ordinances and make arrests, Nos. 1097, 405. when this ordinance shall go into effect, Nos. 1098,'1101. keeping disorderly houses, p. 47, ^. 92. Statute. LICENSES, TAXES, etc., p. 239. See, in index, "Revenue." LIGHTS, p. 139. LIME— QUICKLIME, p. 217. LIVERY STABLES, p. 275. LOTS— FENCING, p. 90. filling, No. 629. Mcdonough estate, p. 142. powers of commissioners, No. 406. suits, how to be conducted. No. 407. compensation of commissioners; No. 408. . estate, how to be devoted, No. 409. disposition of real estate. No. 410. partition of the estate, No. 412. sale of the property of the estate. No. 413. proceeds, how invested, No. 414. disposition of the slaves, No. 415. taxes on the estate, No. 747. commissioners authorized to effect a partition, p. 145, ^ 1. Statute. MAGAZINE— POWDER, p. 114. See, in index, "Gunpowder." MARKETS, p. 146. sale of revenues of markets. No. 418. term of said sales, No. 419. what dues to be collected. No. 420. what may be sold in markets. No. 421. vendors must have signs with name, etc., No. 422. market hours, No. 423. cleaning stalls, sub-leasing stalls, etc., 424. the lessee must keep register, etc., 425. unlawful to keep stands on banquettes at markets, 426. sale, of spoiled articles, etc., Nos. 427, 457, 536. meats to be sold in markets only. No. 428. commissaries to keep scales and weights, etc.. No. 429. sale of liquors forbidden. No. 430. hawkers and peddlers not to sell in markets, etc.. No. 431. certain articles to be sold exclusively in markets, Nos. 432, 516. vehicles under charge of commissaries. No. 433. unlawful to stand or sit on stalls. No. 434. duty of commissaries. No. 435. obligations of lessees. No. 436. fees payable to lessees. No. 437. fines, recoverable before what court. No. 438. commissaries to post market ordinances. No. 439. salt meats, how sold, No. 440. vegetables not to be washed in markets, No. 441. f INDEX. ili MARKETS, (Continued.) dues payable daily, No. 442. grocery stands not allowed, No. 443. <. groceries not to be sold in streets, etc., No. 444. lessee's dues, No. 445 . oysters not to be sold in markets, No. 446. obstructions, Nos. 447, 453. fires not allowed in markets, No. 448. violations of orders of commissaries, No. 449. vegetable market, second district, Nos. 450-1. obstructions, cooking in markets, etc. , and penalty, Nos. 453-4. lessees to provide for cleaning and white washing markets. No. 455. street commissioner to require cleaning of markets, No. 456. spoiled and impure meats, fish, etc., Nos. 457, 427, 536. tubs for daily refuse, Nos. 458, 461. offal, etc., to be thrown in tubs. No. 459. throwing meat, fish, vegetables, etc., into streets, etc., penalty, No. 460. vegetable market, first district, No. 462. Dryades street market, No. 463. chains across streets, around Poydras market, Nos. 464, 465. second district market, No. 466. salaries of commissaries, p. 155. suspension of commissaries, No. 478. commissary of St. Mary's market, No. 479. ^/ commissary of Vegetable market, second district, No. 480. commissary of Washington market, No, 481. appointment of commissaries. No. 482. commissaries subject to instructions of chief of police. No. 483. commissaries, their duty as to fire plugs. No. 484. w commissaries, their duty to examine bread, etc., No. 41. decisions of Supreme court, p. 157. MASTERS AND WARDENS, of the port of New Orleans, p. 157. their appointment and term of office, p. 157, § 1. Statute. their office and books, p. 157, ^ 2. duties of masters and wardens and their fees, p. 157, ^ 3. not to be interested in any pilot boat or with pilots, p. 158, ^ 4. fees in certain cases, p. 158, ^ 5. additional fees, p. 158, ^ 6. deputies and their oaths, p. 158, ^ 7. to make rules for government of pilots, p. 201, | 13. in certain cases to sue for fines and forfeitures, p. 202, ^17. decisions of Supreme court, p. 158. MAYOR OF NEW ORLEANS, p. 159. his salary, per annum, No. 485. in certain cases to send ordinances, No. 486. his seal for the city, No. 487. salaries forliis clerks, No. 748. bonds of all officers to be executed before the mayor, No. 73. I 6 INDEX. MAYOR OF NEW ORLEANS, {Continued.) his duty concerning dangerous buildings, No. 89. safety of public buildings, Nos. 90, 61. his power to affix numbers to houses, No. 93. authorized to order the opening of tombs, No. 126. duty to close disorderly houses, Nos. 172, 63. his duty relative to construction of houses, No. 263. in cases of fire, power to order houses pulled down, etc., Nos. 270, 281. to raise mortgages in certain cases. No. 490. his duty in reference to lewd women, Nos. 403, 404, 1088, 1093. his notices to discontinue nuisances and offenses. No. 549. ex-officio, chief of police, pp. 203, 568. to publish ordinances relative to gunpowder. No. 353. - to keep list of owners of vehicles, etc., etc., No. 893. in certain cases to close balls, etc., No. 47. in certain cases to close balls, theatres, and other public places. No. 63. to grant licenses for public balls. No. 46. to grant licenses for theatres, and all public exhibitions. No. 55. to take steps to prevent accidents at public places. No. 61. license for cock-pits, etc., No. 533. to prevent the landing of spoiled provisions, etc., No. 540. his duty as to bakeries and bread, p. 13. ' **Mt-. his duty as to elections, p. 88, | 13. Statute. qualifications of mayor, p. 160, ^ 26. duties of the mayor, p. 160, ^ 26. salary of the mayor, p. 160, 26. fees, how disposed of, p. 160, I 26. veto power of the mayor, p. 161, § 27. power of common council to ps^s ordinances vetoed by mayor, p. 161, § 27. qualification of voters for mayor, p. 161, ^ 10. vacancy in office of mayor, p. 161, § 15. mayor commissioned as justice of the peace p. 180, Art. 124. Constitution. decisions Supreme court, p. 161. MEASURES AND WEIGHTS— INSPECTION OF, p. 351. See, in index, "Weights and Measures." MERCHANDISE, not to obstruct streets, wharves, etc., Nos. 509, 594, 962. MISDEMEANORS, p. 172. See, in index, "Offenses." MORTGAGES, recorder of, and registry, pp. 230, 232. MULES, stray, p. 207, No. 589. NEGROES, p. 257. See, in index, "Slaves." NEGRO TRADERS, p. 274. See, in index, "Slave Marts." NEW CANAL, p. 32. NEW ORLEANS, p. 162. history of, p. vii. seal of the city. No. 488. urban portion of city. No. 489. ground rents due the city, No. 490. » city property unknown, its discovery, etc.; Nos. 491, 492. INDEX. 41T NEW ORLEANS, (Continued.) repeal of old ordinances, p. 196, No. 580. powers of common council and city precincts, p. 50. Statute. consolidated city debt and loan, p. 66. assessment districts, p. 22. right of the city to appoint its officers, p. 163, Art. 124. Constitution. its representation in State senate, p. 163, Art. 16. Constitution. what embraced in the city of New Orleans, p. ir)3, § 1. Statute. powers of the corporation, p. 164, § 1. Statute. laws extended all over the city, p. 164. Statute. its debts not to be increased, etc., p. 164, § 1, 2. Statute. the city liable for damage done by mobs, etc., p. 164. Statute. city authorized to require bonds from officers, etc., p. 165. Statute. decisions of Supreme court relative to its powers, duties, etc, p. 105. NEW ORLEANS GAS COMPANY, p. 824. NEWSPAPERS, p. 190. See, index, "Official Paper/' NOTARY— CITY, AND NOTARIES PUBLIC, pp. 170, 380. election of city notary, his compensation, etc., No. 493. his duty relative to contractors, etc., No. 494. notaries public to have conveyances recorded, p, 170, ^ 1. Statute. appointments on recommendation of Supreme court, p. 171, ^ 2. their bonds, p. 171, ^ 2. certificate of register of conveyances, p. 171, § 3. acts of sale not to be made till payment of taxes, p. 171, g 4. penalty for violating foregoing section, p. 171, § 6. deputy notaries, and their oath, p. 171, ^ 6. '^»**^l *^'*'< relative to notices of protest, p. 171, ^6. fees of notaries public, p. 171, g 19. after 1st May, 1857, all present offices vacated, p, 380, g 1. Governor to appoint their successors, etc., p. 381, | 2. Governor, in appointing, to designate the offices, p. 381, ^ 3. repealing clause, p. 381, ^ 4. NUISANCES AND OFFENSES, p. 172. See^ In index, "Oifenses." nuisances offensive to decency. No. 502. NUISANCE WHARVES AND BOATS, No. 1027. NUMBERING OF HOUSES, p. 29. See, in index, "Buildings." OBSTRUCTING GUTTERS, No. 509. OBSTRUCTING LEVEES AND WHARVES, No. 962. OBSTRUCTING STREETS AND PAVEMENTS, No. 594. OFFAL, not to be thrown in streets, etc., 506. nor kept in yards, No. 507. OFFENSES AND NUISANCES, p. 172. defacing or injuring buildings, signs or other property, Nos. 495, 535. door bells, door plates, knockers, etc.. No. 496. posting bills, notices, etc., on private houses, fences, etc., No. 497. posters announcing sales of medicine, medical treatment j etc.. No. 498. firing guns, pistols, crackers, etc., No. 499. shooting galleries, No. 600. 53 ii% INDEX. OFFENSES AND NUISANCES, (Co«^mMec7.) ^. '--"'"mwm drums, horns, trumpets, etc., No. 601. l/i indecent language, etc., No. 602. >^ nuisances, offenses to public decency, No. 502. v>« abusing and disturbing persons, No. 508. -& masking and disguising, charivaris, etc., No. 503. prt throwing flour and other substances on persons, No. 504. ^-^ A$i disturbances, intoxication, etc., 505. > *^^^4tf-" throwing offal, manure, refuse articles, etc., in streets, No. 506.=(qf offal, etc., not to remain in yards, etc.. No. 507. deposit of filth, offal, manure, etc., at nuisance wharves, No. 508. obstructing gutters, etc., No. 509. u taking earth from streets, etc., No. 610 ,ti» riding horses on squares and certain streets. No. 511. -^^h hitching horses or driving them on sidewalks, No. 512. : (' *^?3!7. washing horses on sidewalks. No. 513. • '? ' shaking carpets and hanging clothes in public places. No. 514. .-».i'C'/l- unlawful to sell groceries in streets, No. 515. ^ sale of vegetables, fish, etc., etc., must be in market, Nos. 616, 432. oysters not to be sold in certain months, etc., No. 517. oysters not to be sold in markets, sale of bad oysters, etc., No. 617. .i^ unlawful to pile them on pavements, etc., No. 518. ' bathing in public places, No. 619. hogs, No. 520. . .,. dogs, No. 621. '/ "j-al i^Wi-^'^i animals with glanders or other contagious disease, No. 522."' ' : I sale of liquor on vessels. No. 523. <; penalty for violating any of the foregoing provisions, No. 524. vitriol and aqua fortis, No. 525. wild animals, No. 526. -. >i , dead animals, their burial, No* 627. j^ making false alarm of fire, No. 528. ^§ to fill up lots where there is stagnant water, No. 529. i unlawful to fill lots with manure or offensive stuff, No. 530. penalties for violating certain of foregoing provisions, No. 531. bull and bear fights, and other immoral exhibitions, p. 532. cock pits. No, 533. obscene papers, pictures, etc., No. 634. injuring' and defacing city and public property, Nos. 685, 495. spoiled, tainted and unwholesome provisions, sale of etiQ., Nos.. 1^35, 427. adulteration of food and liquors, No. 637. ^ i i-jji stjaff disintering dead bodies, No. 538.- " ■ ••■,;■''''*'-' keeping spoiled and damaged provisions, No, 589. landing of damaged and spoiled provisions, 540. 1- using and storing unwholesome liquors and goods. No. 541. *] offensive shops, manufactories, etc., niiisances. No. 542. privies, Nos. 543, 544. conveyance of feculent matter, No. 645, V^^K j<#i INBEX. 410 OFFENSES AND NUISANCES, {Continued.) drivers of vehicles, not to insult, etc., No. 646. penalties for violating certain of the foregoing provisions, No. 547. punishment of minors and slaves, No. 548. continuation of offenses and nuisances after notice, No. 549. . ' duty of all city officers, No. 550. racing and fast driving, No. 903. resisting wharfingers, No, 961. />J«UI ol>structing levees and wharves, No. 962. ,^^5 obstructing streets, pavements, etc., p. 109, No. 594. ni i for offenses relative to auction sales, p. 6. awnings, sheds and hanging signs, p. 11. balls, and public exhibitions, p. 15. basins and canals, p. 32. batture, p. 18. bakery, bread, etc., p. 13. builders, master workmen, etc., p. 26. buildings — numbering of — fire limits, p. 27. chimndys, stoves, stove pipes, p. 41. coffee houses, cabarets, bar rooms, p. 44. cotton presses and pickeries, p. 84. factories, tanneries, slaughter houses, p. 89. fences, walls, and ditches, p. 90. fires and their prevention, p. 92. flatboats, and flatboat basin, p. 110. forges, foundries and steam engines, p. 113, gun powder, p. 114. health — board of, and quarantine, p. 120. hotels, boarding houses, p. 131. lewd women, pp. 141, 376. r markets, p. 146. pounds, p. 207. quicklime, p. 217. revenue, taxes and licenses, Nos. 244-5. slaves and free persons of colour, p. 257. slave marts and negro traders, p. 274. smoke houses, p. 275. stables and dairies, p. 275. streets, pavements, squares, etc., p. 281 . trees, p. 310. vehicles, p. 311. wharves, port, etc., p. 332. mayor, recorders, etc., commissioned as justices of the peace, p. 180, art. 124. Constitution. city authorized to impose fines (not over $100,) and to imprison, p. 181, I 19. Statute. harbor masters to enforce ordinances relative to nuisances on levee p. 181, I 7. Statute. 4S6 INDEX. OFFENSES AND NUISANCES, (Conimwed) violation of ordinances to be reported to comptroller, p. 181, § 108. definition of vagrants, p. 181, § 120. Statute. vagrants, how dealt with, p. 181, § 121. Statute. juvenile vagrants, how treated, p. 182, § 122. Statute. vagabonds and suspicious persons, who reputed such, 'p. 182, '§ 123. how punished, p. 182, g 123-4. Statute. penalty for harboring vagrants, p. 182, ^ 125. Statute. penalty for cutting levees in New Orleans, etc., p. 182, § 109. Statute. Carrying concealed weapons, p. 184, § 99, and p. 182, § 115. Statute. assaulting, beating, wounding, false imprisoning, etc., p. 183, § 13. assault, p. 183, | 14. Statute. malicious killing of certain animals, p. 183, § 31 . Statute. beating or maiming animals, p. 183, § 32. Statute. banking games and banking houses, p. 183, § 95. Statute. fines, how disposed of, p. 183, | 96. Statute. gambling, etc., p. 183, g 97. Statute. who may arrest gamblers, etc., p. 183, § 98. Statute. law relative to betting on elections, repealed, p. 381. Statute. keeping disorderly houses, p. 47, ^ 92 . Statute. harbor masters to enforce certain nuisance laws, p. 120, § 6. Statute. power of board of health in enforcing ordinances, etc.. p. 122, § 6. decision of Supreme court, p. 184. OFFICERS AND OFFICES, p. 185. list of city ofi&cers, p. 389. certain officers under orders of board of health, No. 552. , to report violations of ordinances, etc., Nos. 553, 550. to report persons without licenses. No. 554. duration of term of offices, No. 555. their rigkt to purchase materials, etc., No. 556. not allowed cab or carriage hire, No. 557. not to insure city property. No. 389. salaries of officers to be paid by preference, No, 160. city attorney to prepare papers, etc., for city officers, No. 7. their bonds to be executed before mayor, No. 73. salaries of officers. No. 748. their bonds and sureties, p. 24. board of assessors, p. 22. city attorney, p. 2. ' city assistant attorney, p. 3. comptroller, p. 56. coroner, p. 73. harbor masters, p. 118. master and wardens of port, p. 157. mayor, p. 159. notary, p. 170. >ft;^ft^ physicians, city, p. 198. INDEX. 421 OFFICERS AND OFFICES, {Continued.) police officers, p. 202. recorders, p. 224. street commissioner, p. 276. surveyor, p. 296. treasurer, p. 305. ' wharfingers, p. 329. their oath, p. 187. Constitution. who disqualified, p. 187. Constitution. city to have the right to appoint officers, p. 187. Constitution. in what cases to remain in office after term, etc., p. 188. Constitution. executive power of city, in what offices, p. 188, § 6. Statute. qualification of mayor, recorders, etc., p. 188, § 7. Statute. time and manner of election of officers, p. 188, ^ 8. Statute. when to enter on their duties, p. 188, § 8. Statute. qualification of voters for offices, p. 188, ^ 10. Statute. oath of office, p. 188, | 17. Statute. members of council not to hold office, eto., p, 189, § 21. Statute. election of certain officers, p. 189, § 24. Statute. officers to sign in their own hand- writing, etc., p. 189, ^ 32. Statute. organization of different departments, p. 189, ^ 125- certain officers may be discharged, etc., p. 189, § 125. their compensation, how fixed, p. 189, ^ 126. salary, etc., how to be increased, etc., p. 189, § 127. power of removal, p. 190, | 128. election set aside, who to act, etc., p. 190, § 129, right to office, how tested, p. 190, ^ 130. bond and security to be furnished, p. 190, ^132. who excluded from office, p. 190, § 1. OFFICIAL PAPER, NEWSPAPERS, NOTICES, etc., p. 190. official journal elected annually. No. 558. what to be published in official journal — compensation, p. 191, Nos. 559, 564. to give notice of acceptance, p. 191, No. 560. to give bond and security, p. 192, No. 661. proceedings of council, when to be published, p. 192, No. 562. city advertisements, p. 192, No. 663. what published as proceedings of council, p. 192, No. 664. election and other notices, p. 192, No. 665. blanks, job printing, etc., p. 192, No. 566. the contracts for blank forms, etc., p. 193, No. 567. comptroller's duty relative to forms, blanks for city officers, p. 193, No. 568. the bids for the contracts, p. 193, No. 569. duty of certain officers relative to blanks, forms, etc., p. 194, No. 671, newspapers, p. 194, No. 572. newspapers to be kept as archives, p. 1, No. 2. obscene and libelous papers, p. 177, No. 534. advertisements of petitions for paving, etc., p. 60, No. 193. 422^ INDEX. OFFICIAL PAPER, NEWSPAPERS, NOTICES, etc. (Continued.) French and English notices must be furnished in both languages, p. 194, No. 574. the press shall be free, etc., p. 184, Art. 106. Constitution. OLD BASIN OR CANAL CARONDELET, p. 35. See, in index, "Canals." OMNIBUSES, p. 311. See, in index, "Vehicles." OPELOUSAS AND NEW ORLEANS RAILROAD, p. 220. ORDINANCES, p. 195. city ordinances to be revised and printed, p. 195, No. 575, etc. repeal of certain ordinances, p. 196, No, 580. in certain cases mayor to send ordinances, p. 159, No. 486. city attorney to draft ordinances, p. 2, No. 6. power of council to pass ordinances, p. 53, ^ 19. Statute. veto power of mayor, p. 196, ^ 27. Statute. * violation of ordinances, p. 196, § 108. Statute. decisions of Supreme court, p. 196. ORPHANS, pp. 198, 381. /■» OXEN, stray, p. 207, No. 589. See, in index, '' Pounds." OYSTERS, not to be sold at certain seasons. No. 517. nor in markets or pirogues. No. 517. nor to be piled on pavements. No. 518. PAPER-OFFICIAL, AND NEWSPAPERS, p. 190. See, in index, ''Official Paper" PAUPERS, foreign and criminal, p. 112. PAVEMENTS AND PAVING, p. 281. See, in index, ''Streets." PHYSICIANS— CITY, p. 198. ^1 common council to appoint two city physicians, p. 198, No. 582. ' their duties, p. 198, No. 583, etc. ' absence of either physician, p. 198, No. 586. their prescriptions, p. 198, No. 587. medicines, p. 199, No. 588. '^^ contagious diseases, p. 199, No. 589. their salary, p. 199, No. 590. < council's right to remove them, p.^199, No. 691. '-. their duties to insane persons, p. 199, No. 592. PICKERIES AND PRESSES, p. 84. i PILOTS, pp. 199, 383. Statute. pilots appointed by the Governor and their qualifications, p. 199, ^ 1. board of examiners, p. 199, § 2. bonds to be given by pilots, p. 200, § 3. 4 boats to be kept and owned by pilots of New Orleans, p. 200, ^ 4. ' boats to be kept and owned by pilots for Atchafalaya bay, p. 200, ^ 5. penalty for piloting by persons not pilots, p. 200, § 6. pilots to exhibit their license, p. 200, § 7. fees and duties of pilots, p. 200, g 8, 9. right of pilots to re-pilot vessels, p. 201, § 10. pilots refusing or neglecting to pilot vessels, p. 201, § 11. their agents to collect dues, p. 201, § 12. master and wardens to make rules for pilots, etc., p. 201, § 1^ INDEX. 428 PILOTS, {Continued.) coffee houses, hotels, etc., at pilot stations, p. 201, § 14. anchors and cables in the Mississippi, p. 201, § 15. pilots not to leave stations, etc., p. 202, § 16. fines and forfeitures, p. 202, § 17. reward to be paid pilots in certain cases, p. 202, ^18. half pilotage to be paid in certain cases, p. 202, § 19. penalty for carrying pilots to sea, p. 202, § 20. discharging ballast ii^the bay, penalty, p. 202, § 21. duty of pilots as to quarantine, p. 126, ^21. ■ new pilot laws, (1857,) p. 383. PISTOLS, FIRING, forbidden. No. 499^. ,"*r galleries. No. 500. POLICE, committee on, p. 49. POLICE DEPARTMENT, p. 202. police shall consist of, etc., p. 202, No.. 563. captain or chief, p. 203, No. 564. persons eligible for policemen, p. 203, No. 665. to give bond, p. 203, No. 566. who shall be surety, p. 203, No. 567. the mayor to be the head of the police, p. 208, No. 568. mayor to make rules for police, p. 204, Nos. 569, 574. salaries of the police, p. 204, No, 670. their uniform, p. 204, No. 571. increase of police force, p. 204, No. 573. rules and regulations, p. 204, No, 574. securities first to be accepted, p. 204, No. 675. commissaries to be under order of chief, etc., p. 205, No. 576. chief's clerk and assistant, p. 205, Nos. 577-8. support of prisoners, their per diem, p. 205, No. 579. ofi&cers to make monthly reports, p. 205, Nos. 580-1. purchases for police department, p. 205, No. 582. rural portion of third district, p. 206, No. 583. Milneburg policeman, p. 206, No. 584. police for horse market, p. 206, No. 585. duty relative to fires, p. 104, Nos. 319, 320, 323. duty as to bakeries and bread, p. 13, No. 41. not to improperly interfere at elections, p. 87, No. 250. to visit slaughter houses, weekly, etc., p, 90, No. 258. to fire evening gun, p. 89, No. 251. police powers of firemen, p. 95, Nos. 277, 320. duty of police as to balls and places of amusement, p. 15. awnings, sheds and hanging signs, p. 11. board of health, p. 120. buildings, p. 27. cemeteries and interments, p. 35. coflfee houses, p. 44. juvenile vagrants and their parents, No. 1082. 424 INDEX. POLICE DEPARTMET^T, {Continued.) m duty of police as to lewd women, pp. 141, 376. markets, p. 146. offenses and nuisances, p. 1 72. pounds, p. 207. r:: slaves and free persons of color, 257. vehicles, p. 311. PONTCHARTRAIN RAILROAD COMPANY, p. 223. PORK AND BEEF— INSPECTION OE, p. 20. PORT OF NEW ORLEANS, p. 332. ?i> harbor masters, p. 118. wardens, p. 157. pilots, pp. 199, [883. PORTERS— CITY, p. 207. POSTERS, Nos. 497, 498. POUNDS— CITY, p. 207. animals running at large, p. 207, Nos. 589, 597. records of arrests of animals, p. 208, No. 689. pound charges and fees, p. 208, No. 590. hogs running at large, p. 209, No. 691. taking animals from pounds, p. 209, No. 592. carta and other vehicles left in streets, etc., 209, Nos. 593, 598. obstructing pavements, etc , with goods, etc., p. 209, No. 594. how such goods shall be disposed of, p. 210, No. 595. extending pound limits, p. 210, No. 597. pound fees, p. 210, Nos. 598, 590. '^ duty of pound keepers as to boys, etc., p. 211, No. 599. pounds in second and fourth districts, p. 211, No, 600. street commissioners to appoint four pound keepers, p. 211. No. 601. duty of certain ofl&cers, p. 211, No. 602. third district pounds, p. 212, No. 608. second district pounds^ p. 212, No. 604. repeal of certain ordinances, p. 212, No. 605. decisions of Supreme court, p. 212. POWDER, powder magazine, p. 114. See, in index, "Gunpowder" PRESSES— COTTON, AND PICKERIES, p. 84. PRINTING— CITY, p. 190. See, in index, ''Official Paper." PRISONS, WORKHOUSES, etc., p. 363. committee on, p. 48. See, in index, "Workhouses." PRIVIES, Nos. 543-4-5. PROSTITUTES, pp. 141, 376. See, in index, "Lewd Women." PROVISIONS, spoiled, Nos. 536, 539, 540, 541. PUBLIC BALLS AND EXHIBITIONS, p. 15. See, in index, "Balls." PUBLIC PLACES, p. 281, See, in index, "Streets.". PUBLIC SCHOOLS, p. 212. election by council of the board of directors, No. 606. board, when to meet, No. 607. iNDEl. 426 PUBLIC SCHOOLS, (Continued.) annual appropriations, No. 608. for first district. No. 609. for second district, No. 610. for third district, No. 611. for fourth district, No. 612. '■ j^^ monthly expenses, No. 613. .*»»*fl^i!vJ - ■ - responsibility of city, No. 614. quarterly reports to be made by board, No. 615. quarterly and annual reports, duty of president, No. 616. provisions of State constitution, p. 216. division of city in school districts, p. 216, g 38. Statute, election of school directors, p. 216, § 38. appropriations, p, 216, § 38. qualification for school directors, election of teachers, p. 216, | 38. school directors for fourth district, p. 216, § 3. council authorized to establish public schools, p. 216, § 1. QUARANTINE, p. 120. See, in index, " Health," QUICKLIME, p. 217. RAILROADS, pp. 78, 79, 83. Jackson Railroad, city subscription. No. 621. how payable. No. 622. special tax on real estate. No. 623. how bonds delivered. No. 624. repeal of certain ordinances, No. 625. ratification of this ordinance, No. 626. right of way. No. 627. widening of Calliope street, No. 628. Opelousas Railroad, city subscription, No. 629. how payable, No. 630. special tax on real estate. No. 631. bonds, how delivered. No. 632. repeal of certain ordinances, No. 633. ratification of this ordinance. No; 634. CarroUton Railroad, permission to run. No. 635. proviso. No. 636. subject to police ordinances, No. 637. Pontchartrain Railroad, p. 223. Railroads generally, pp. 223, 78, 79, 83. decisions of Supreme court, p. 224. *r . •, .' RECORDERS, p. 224. ' duty as to violation of ordinances, ^No. 638. runaway slaves. No. 639. their books, No. 640. to render weekly accounts, No. 641. their clerks to make monthly jeports, No. 642. assistant recorders. No. 643. 54 426 INDEX. RECOEDERg, {Continued.) cleaning of offices and prison, No. 644. things to be purchased, p. 205, No. 582. necessary blank forms, p. 193, No. 567. to grant permits to open tombs, No. 126. their duty concerning lewd women, No. 1085. recorders commissioned as justices of the peace, etc., p. 226, Art. 124. Constitution, duties of recorder, p. 226, ^ 28. Statute, salary of recorder and clerks, p. 226, § 28. Statute, recorders pro tern, how chosen, p. 226, § 29. Statute, committing magistrates, their powers, p. 227, I 34. Statute, relative to bail, p. 227, g 35. to certify to sufficiency of bail, p. 227, § 36. magistrates to sign commitments, p. 227, § 37. defendants' witnesses bound over, p. 228, § 38. depositions to be taken in writing in certain cases, p. 228, § 39. breach of peace, to commit persons, etc., p. 228, ^ 40. to specify surname and name of the parties, p. 228, § 41. attorney general and district attorney, p. 228, g 42. to issue warrants for arrest, p. 229, ^ 43. expenses to be paid by the parish, p. 229, § 44. process from New Orleans executed in Jefferson parish, p. 229, § 45. process in Jefferson parish executed in New Orleans, p. 229, § 46. search warrants for stolen property, p. 229, ^ 47. decisions of Supreme court, p. 230. RECORDER OF CONVEYANCES, p. 230. Statute. recorder to be appointed every fourth year, p. 230, ^1. to furnish bond, p. 230. ^2. ' « , r; deputy, p. 230, § 3. office, recorder's duty. p. 230, ^ 4. authorized to open certain records, and his duties, p. 230, ^ 5. k^. manner of recording notarial acts, p. 230, | 6. manner of recording acts under private signature, p. 231, § 7. ^^ X' to take acknowledgments of signatures, p. 231, | 8. #' acts not registered to have no effect as to third persons, p. 231, ^ 9. not to perform duties of recorder of mortgages, p. 231, ^ 10. not to pass notarial acts, p. 231, § 11. to make abstract of notarial acts, etc., p. 231, § 12. fees of register, p. 231, g 13. to make monthly list for board of assessors, p. 231, § 14. repealing clause, p. 231, § 15. registry, p. 232. RECORDER OF MORTGAGES, p. 231. REGISTRY, p. 232. ^^ REGISTRY OF BIRTHS AND DEATHS, p. 283, and No. 131. record of births and deaths, p. 233 § 1. time for declarations of births, p. 233, § 2. INDEX. 427 REGISTRY OF BIRTHS AND DEATHS, {Continued.) by whom declared and how recorded, p. 233, ^ 3. record, what to contain, p. 233, g 4. declaration of death, by whom to be made, p. 233, § 5. what to contain, p. 233, | 6, record of births and deaths of free persons of color, p. 233, g 7. birth of children to be declared within thirty days— penalty, p. 233, § 9. deaths, when to be declared and by whom — penalty, p. 234, § 10. recorder of births and deaths in New Orleans, p. 234, § 12. repealing clause, p. 234, ^13. REGISTRY OF VOTERS, p. 234, and No. 1108. See, in index, "Elections." REVENUE, TAXES, AND LICENSES, pp. 239, 386. - annual tax on bank agencies. No, 645. insurance companies and agencies. No. 646. theatres and amphitheatres, No. 647. race courses, No. 648. - . cock pits, No. 649. slave marts. No. 650. private banking houses, No. 651. pawnbrokers. No. 652. money brokers, No. 658. hotels and boarding houses, No. 654. coffee houses, No. 655. wholesale liquor dealers, No. 656. ^ eating houses, selling liquors. No. 657. cotton presses. No. 658. grocery stores selling liquor by the quart, No. 659. jewelry stores. No. 660. stock brokers, No. 661. cotton brokers. No. 662. cotton pickeries. No. 663. restaurants, No. 664. merchants generally, Nos. 665, 667, 739, 741. livery stables, No. 666. commission merchants, No. 668. auctioneers, No. 669. private hospitals. No. 670. shipping masters, stevedores, etc., No. 671. coal or lumber yards, No. 672. coal agents, No. 673. produce brokers, weighers, etc.. No. 674. bottling establishments, No. 675. warehouses, Nos. 676, 738. ship brokers. No. 677. billiard tables, No. 678. ten-pin alleys, No. 679, pistol galleries, No. 680. 428 INDEX. BENENUE, TAXES, AND LICENSES, {Continued.) annual tax on mills, factories, brickyards, etc.. No. 681. retail liquor stores, No. 682. , .. ^t „ , printing offices, No. 683. hotels and boarding houses, No. 684. job boats, No. 685. undertakers, No. 686. steam boat agents. No. 687. hawkers and peddlers, No. 688. , contracts generally, buildings, etc., No. 689. retail business generally. No. 690. real estate and house brokers, No. 691. dairies. No. 692. confectionaries, No. 693. charcoal dealers. No. 694. fruit stores and stands, No. 695. ice cream saloons. No. 696. oyster stands. No. 697. intelligence offices, No. 698. veterinary doctors, No. 699. distilleries, No. 700. brewers, No. 701. makers of syrups, Nos. 702, 740. makers of mineral waters, Nos. 703, 740. * makers of soap, tallow, camphene, etc., Nos. 704, 740. balls and raffles, No. 705. drays, carts, etc., No. 706. two horse hacks. No. 707. four wheeled hauling vehicles. No. 708. four wheeled wagons. No. 709. omnibuses. No. 710. omnibuses to have numbers. No. 711. branding and numbering carts, etc., No. 713. annual tax on private carriages, No. 712. annual tax on public exhibitions, No. 714. every partner to pay, No. 715. annual tax on lawyers, physicians, etc., No. 716. persons having several stores, No. 717. certain declarations to be made. No. 720. private boarding houses. No. 721. vessels — transient boarders upon, No. 722. tax after first of July, No. 723. street musicians. No. 724. recording licenses, securities, etc. No. 725. taxes payable in advance. No. 726. doing business without license. No. 727. certificate to be hung up. No. 728. penalties and fines, No. 729. _ INDEX. 429 REVENUE, TAXES, AND LICENSES, {Continued.) census to be made by street commissioner, etc., No. 730. application for licenses, No. 731. non-residents, No. 732. consolidated loan tax, No. 734. tax for Pontchartrain railroad, No. 735 . tax for rail roads. No. 736. tax on real estate, slaves, and personal property, Nos. 737, 1109. , coffee bouse license, Nos. 742, 161, 165, 167. treasurer to receive money only, No. 743. suits for taxes withdrawn in certain cases, No. 744. pirogues to be licensed. No. 745. to be numbered, No. 746. tax on the McDonough estate. No. 747. comptroller to issue licenses, No. 3ttlSONS, etc., (Continued,) lessee to take charge, No. 1062. labor of prisoners, Nos. 1063-4. officers, No. 1065. reception and discharge of prisoners, No. 1066. keeping of prisoners. No. 1067. their rations, clothes, etc., No. 1068. city officers to have free access, etc., No. 1069. neglect of lessee. No. 1070. utensils, materials, etc., Nos. 1071-2. record of prisons, No. 1073. violation of contract. No. 1074. former police regulations, No. 1075. burial of deceased persons, No. 139. committees on work-house, etc., p. 48. council authorized to create work-house, p. 360, § 1, 2. Statute. vagrants, p. 361 , | 4. security required of vagrants, p. 361, § 5. imprisonment in work-house, p. 361, § 5. incorrigible vagrants, p. 361, § 6. powers of criminal court, p. 362, g 7. certain persons to depart and remain out of the State, p. 362, ^ 8. this act to apply to parish of Jefferson, p. 362, § 9. committee on, p. 48. WORKMEN, p. 26. WRONaS, etc., p. 172. See, in index, " Offenses." f J r^ RETURN CIRCULATION DEPARTMENT TO^^- 202 Main Library t LOAN PERIDD 1 " HOME USE 2 ; 3 4 5 ( S ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 1 -month loons may be renewed by colling 642-3405 6-month loons moy be recharged by bringing books to Circulation Desk Renewols and recharges may be mode 4 days prior to due dote DUE AS STAMPED BELOW SEP fi IQQl '^**' V U |*^^j 4 ^^fomm^i '91 -^^^ 8 1995 •ri JM 1 ^: 2003 UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD6, 60m, 12/80 BERKELEY, CA 94720 V •> s . -> I .C. 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