FLYNN'S DIGEST CITY ORDINANCES together with the Constitutional Provisions, Acts of the General Assembly, AND Decisions of the Courts relative TO THE Government CITY OF NEW ORLEANS PUBLISHED BY AUTHORITY OF THE CiTY COUNCIL. COMPILED BY J. Q. FLYNN. NEW ORLEANS 1896 ^^'.< PRINTED AND BOUND BY L. GRAHAM & SON, LTD. 207-211 Baronnk Street, New Orleans, s 7.0 S^ THE LAWS AND ORDINANCES OF THE CITY OF NEW ORLEANS FROM THE Consolidation of the Municipalities in 1852 TO THE 1st of January, 1896. CONTENTS. PAGE. Preface vii Authorization and Adoption by City Council ix City Charter of 1896 xi to Ixv Index to City Charter of 1896 Ixvi to Ixxii City Charter of 1882 1 to 66 Ordinances, Privileges, Franchises and Judicial Decisions Bearing on Same 67 to 1244 Index to City Charter of 1882 1245 to 1249 Oeneral Index 1250 to 1344 FKEFACE, The following Digest of Ordinances of the city of New Orleans has been prepared in pursuance of a resolution of the City Council. Having been employed by the Mayor, under this reso- lution, the compiler at once entered upon the labor of reducing the copious and incoherent mass of legislation of the past twenty-six years, to a systematic and con- venient form. The difficulties to be contended against were consider- able. The only compilations of these laws since 1870 were the digests of Mr. Jewell, published in 1882 and 1887. These digests were open to many objections, the principal being their complex method and too general classifications. The effort in the present work has been to assort and class all ordinances of like char- acter under one head, and to be as specific in these classifications as the nature of the work permits. Repe- tition has been avoided where possible. The extent and difficulty of the undertaking may be better understood when it is considered that nearly twenty thousand ordinances have been examined and collated. Regarding the acts of the Legislature and decisions of the Supreme Court, care has been taken to avoid a use- less and unnecessary accumulation of data and authori- ties, which would serve little other purpose than to perplex and embarrass. Those acts and decisions only which have a direct bearing on the affairs of the city and are necessary to a proper understanding of the differ- ent ordinances, have been briefly quoted, and in many instances referred to simply by title. The new^ city charter just adopted by the Legislature will be found if2 inches. North 2 deg. 45 min. ; east, 1910 feet 7 inches. South, 53 deg. 30 min. ; east, 5162 feet 2 inches. North, 6 deg. 15 min. ; east, 4932 feet 7 inches to township line one mile 138 feet dX inches. South, 76 deg. ; east, 311 feet 4 '2 inches to township line 445 feet 10 inches. South, 72 deg. ; east, 947 feet 9>2 inches. Xll CITY CHARTER OF 1896. South, 65 deg. ; 30 min. ; east, 955 feet to raiiere line 1337 feet 8 inches. South, 83 H deg. ; east, 860 feet 6 inches. North, 61 deg. 7 min. ; east, 524 feet 7 inches to range line 1366 feet 6 inches. ' South, 81 deg. 15 niin. ; east, 2368 feet 6 inches to range line 4383 feet 2 inches. South, 61 deg. 53 min. ; east, 1)4 miles and about 2770 feet 2 inches. South, 31 deg. 35 min., east, 1>2 miles and 2163 feet to line of Jeanne Lassales, and thence up the Missis- sippi river to the point of departure. City of New Are hereby created a body corporate and established 'as a political corporation by the name of "The City of New Orleans," with the following powers and no more: It shall have a seal, and may sue and be sued, and may acquire property by all lawful means, and hold and dis- pose of same. II. — WARDS AND MUNICIPAL DISTRICTS. First Repre- ^EC. 2. Said city shall be divided into the following *^^^*"''*' ^'®* wards and municipal districts, to-wit: First Ward, First Ward. First Representative District, bounded as follows, viz. : From the Mississippi river along the centre of Thalia street to the intersection of Claiborne Canal, and thence along *the centre of Claiborne Canal to the centre of Feli- city road to the Mississippi river, and thence along the Mississippi river to the point of departure. •Second Repre- Sccond Ward , Sccoud Representative District, bounded sei.tative i,- ^^ follows, viz. : From the Mississippi river along Second Ward, ijjy centre of Julia street to the New Canal, and thence along the centre of New Canal to Carrollton ave- nue, and thence along the centre of Carrollton avenue to the centre of Melpomene Canal, and thence along the centre of Melpomene Canal to the centre of Claiborne Canal, and thence along the centre of Claiborne Canal to the centre of Thalia street, ana thence along the centre of Thalia street to the Mississippi river, and thence along the Mississippi river to the point of departure. "^senutife'^Di's" Third Ward, Third Representative District, bounded TWrd Ward, ^s follows, viz. : From the Mississippi river along the CITY CHARTER OF 1896. xili centre of Canal street to the old Metairie Road, thence along the centre of the old Metairie Road to the centre of the New Canal, and, thence along the centre of the New Canal to the centre of Rampart street, and thence along the centre of Rampart street to the centre of Julia street, and thence along the centre of Julia street to the Mississippi river, and thence along the Mississippi river to the point of departure. Fourth Ward, Fourth Representative District, bounded ^se"nSti?/^?s*- as follows, viz. : From the Mississippi river along the ^""• centre of Canal street to the Old Metairie Road, thence along the centre of the Old Metairie Road to New Canal^ thence along the cejitre of New Canal to Lake Pontchar- train, thence along,Lake Poutchartrain to Orleans Canal, thence along the centre of Orleans Canal to the Old Metairie Road, thence along the centre of Old Metairie Road to St. Louis, street, thence along the centre of St. Louis street to the Mississippi river, thence to the point of departure. Fifth Ward, Fifth Representative District, bounded Fifth Repre- as follows, viz. :; From the Mississippi river along the twct "'* centre of St. Louis street to the Old Metairie Road, ^"^'^ ^"''• thence along the centre of Old Metairie Road to the centre of Orleaais Canal, thence along the centre of said cmal to Lake Poutchartrain, thence along Lake Shore to Bayou St. John, thence along the centre of Bayou St. John to St. Philip street, thence along the centre of St. Philip street to the Mississippi river, thence to the point of departure < Sixth Ward, Sixth Representative District, bounded sixth Repre- as follows, viz. : From the Mississippi river along the tr^t* "'^ the centre of St. Philip street, to Bayou St. John, ®'''**'^*'''^- thence along the centre of Bayon St. John to Esplanade street, thence along the centre of Esplanade street to the Mississippi river, thence to the point of departure. Seventh Ward, Seventh Representative District, seventh Kepre- bounded as follows, viz.: From the Mississippi river ^«.^J*tive Dis- along the centre of Esplanade street, to Bayou St. John, •'Seventh ward, and thence along the centre of Bayou St. John and cut off to Lake Poutchartrain, and thence along Lake Poutchartrain to Elysian Fields street, and thence along Xiv CITY CHARTER OF 1896. the centre of Elysian Fields street to the point of departure. Eighth Repre- Eighth Ward, Eighth Representative District, bounded semative Dis- . ^ i «* trict. as follows, VIZ : From the Mississippi river along the Eighth Ward, centre of Elysian Fields street to Lake Pontchartrain, and J:hence along Lake Pontchartrain to People's avenue, and thence along the centre of People's avenue to Lafay- ette avenue, and thence along the centre of Lafayette avenue to the Mississippi river, and thence along the Mississippi river to the point of departure. Ninth Repre- Ninth Ward, Ninth Representative District, bounded sentative Dis- 7 r 7 trict. as follows, viz : P'rom the Mississippi river along the Ninth Ward, (.gj^^j.^ ^f Lafayette avenue to the centre of People's avenue, and thence along the centre of People's avenue to Lake Pontchartrain, and thence along Lake Pontchartrain to the Rigolets, and thence along the Rigolets to Lake Borgne, and thence along Lake Borgne to Bayou Bien- venue, and thence along Bayou Bienvenue to the Fisher- men's Canal, and thence along the Firsherman's Canal to the line of the south side of Florida walk, and thence along said line of Florida walk to the lower line of the United States Barracks, and thence along the lower line of the United States Barracks to the Mississippi river, and thence along the Mississippi river to the point of departure. Tenth Repre- Tcuth Ward, Tcutli Representative District, bounded sentative Dis- ' trict. as follows, viz. : Prom the Mississippi river along the centre of Felicity road to the Melpomene Canal, and thence alonjj the centre of the Melpomene Canal to its intersection with First street, and thence along the cen- tre of First street to the Mississippi river, and thence along the Mississippi river to the point of departure. Eierenth Rep- Eleventh Ward, Eleventh Representative District, District. " bounded as follows, viz. : From the Mississippi river Eleventh Ward along the ccutre of First street to the Melpomene tail- race, and thence along the centre of Melpomene tail-race to Toledano street, and thence along the centre of Tole- dano street to the Mississippi river, and thence along the Mississippi river to the point of departure. Twelfth Ward, Twelfth Representative District, CITY CHARTER OF 1896. XV bounded as follows, viz: From the Mississippi river Twelfth Repre- along the centre of Toledano street to Broad street, uict. thence along the centre of Broad street to Napoleon '^'''^'^'^ ^'^'*^- avenue, and thence aloDg the centre of Napoleon avenue to the Mississippi riv^r, and thence along the Missis- sippi river to the point of departure. Thirteenth and Fourteenth Wards, Thirteenth Repre- Thirteenth sentative District, bounded as follows, viz : Dfitrict"'*'"'^ Thirteenth Ward, from the Mississippi river along the Thirteenth centre of Napoleon avenue to Broad street, thence along the centre of Broa(^ street to Peters avenue, thence along the centre of Peters avenue to the Mississippi ^^^ river, thence along the Mississippi river to the point of departure. , Fourteenth Ward, from the Mississippi river along Fourteenth the centre of Petei-s avenue to Broad street, and thence along the centre of Broad street to Toledano street, and thence along the centre of Toledano street to the Mel- pomene tail-race, and thence along the centre of Mel- pomene tail-race to Lowerline* street, and thence along the centre of Lqwerline street to the Mississippi river, and thence along the Mississippi river to the point of departure. Sixteenth and Seventeenth Wards, Fourteenth Repre- Fourteenth sentative District, bounded as follows : Dutnct." Sixteenth Ward, from the Mississippi river along the sixteenth centre of Lowerline street to the Melpomene tail-race, and thence along the centre of Melpomene tail-race to Carrollton avenue, thence along the centre of CarroUton ^^^ avenue to the Mississippi river, thence along the Missis- sippi river to the point of departure. Seventeenth Ward, from the Mississippi river along the seventeenth centre of Carrollton avenue to New Canal, thence along ^" ^' the centre of the New Canal to Lake Pontchartrain, thence along Lake Pontchartrain to the Upperline Canal, thence along the centre of Upperline Canal and Upper- line street to Mississippi river, thence along the Missis- sippi river to the point of departure. Fifteenth Ward, Fifteenth Representative District, Fifteenth bounded as follows, viz. : All that territory situated on Diitrict."^**"'* Xvi CITY CHARTER OF 1896. the right bank of the Mississippi river and bounded by a line established by the State Engineer, beginning at a point near the river bank, opposite Ptolemy street, thence running as follows, viz. : Fifteenth South 42 deg. , 30 min., east 4 miles and about lOSO Ward „ ^ ' ' feet. South 3 deg , 10 min., west about 620 feet, thence along the back line of properties. South 57 deg., east 2143 feet 4 inches. North 2 deg., 45 min., east 1910 feet 7 inches. South 53 deg., 30 min., east 5162 feet 2 inches. North 6 deg., 15 min., east 4932 feet 7iDchesto town ship line 1 mile 138 feet 9h in. South 76 deg., east 311 >2 inches to township line 445 feet 10 inches. South 72 deg., east 947 feet 9)4 inches. South 65 deg., 30 minutes, east 955 feet to range line 1337 feet 8 inches. South 83^ deg., east 860 feet 6 inches. North 61 deg., 7 minutes, east 524 feet 7 inches to range line 1366 feet 6 inches. South 81 deg., 15 minutes, east 2368 feet 6 inches to range line 4383 feet 7 inches. South 61 deg. , 53 minutes, east 1>2 miles and 277 feet 2 inches. South 31 deg., 35 minutes, east 1)4 miles and 2163 feet lower line of Jeanne Lassales, thence up the Missis- sippi river to the point of departure. Council. First Municipal District, bounded as follows, viz. : ^pli DrsSctFrom the Mississippi river, along the centre of Canal CounciiVen!'' Street, to the Old Metairie Road, and thence along the centre of the Old Metairie Road to the centre of the New Canal, and thence along the centre of the New Canal to the centre of Carrollton avenue, thence along the centre of Carrollton avenue to the centre of Melpomene Canal, and thence along the centre of Melpomene Canal to its junction with Toledano street, and thence along the centre of Toledano street until it intersects the centre of Felicity Road at Claiborne street, and thence along the centre of Felicity Road to the Mis- CITY CHARTER OF 1896. XVii sissippi river, and thence along the Mississippi river to the point of departure, shall be entitled to four Couneilmen, one of which shall be elected from the m*""|^j°[^j^^ district at large, and one from each of the three wards comprising said district. Second Municipal District, bounded as follows, viz. : second ^Muni- From the Mississippi river along the centre of Esplanade t? *n*^nmen^ street to the centre of Bayou St. John, and thence along the centre of Bayou St. John and Cut-off to Lake Pont- chartrain, and thence along Lake Pontchartraia to the centre of New Canal, and thence along the centre of the New Canal to the centre of the old Metairie Road, and thence along the centre of the old Metairie Road to the centre of Canal street, and thence along the centre of Canal street to the Mississippi river, and thence along Mississippi river to the point of departure, shall be en- ^*""sei°Jtion titled to three Couneilmen, to be elected one from each of the wards comprising the district. Third Munid- Third Municipal District, bounded as follows, viz.: to elect three ^ ' ' Couneilmen. From the Mississippi river ahmg the centre of Esplanade street to the centre of Bayou St. John, and thence along the centre of Bayou St. John and Cut-off to Lake Pont- chartrain, and thence along the shore of Lake Pontchar- train to the Rigolets, and thence along the Rigolets to Lake Borgne, and thence along Lake Borgne to Bayou Bienvenue, and thence along Bayou Bienvenue to the Fisherman's Canal, and thence along the Fisherman's Canal to the line of the South Side of Florida Walk, and thence along said line of Florida Walk to the lower line of the United States Barracks, and thence along the line of the United States Barracks to the Mississippi river, and thence along the line of the Mississippi river to the point of departure, shall be entitled to three Council- Manner of men, to be elected one from each of the wards compris- ing the district. Fourth Municipal District, bounded as follows, to- Fourth Muni- wit: From the Mississippi river, along the centre of to'eie?t'th7ee Felicity Road, until it strikes the Melpomene Canal, to counciimen. Claiborne street, thence along the centre of Melpomene Canal to the intersection of Toledano street, and tlience XVlil CITY CHARTER OF 1896. along centre of Toledano street to the Mississippi river, and thence along the Mississippi river to the point of Mannerof departure, shall be entitled to three Councilmen, to be ' elected one from each of the wards comprising the dis- trict, and one from the district at large. Fifth Munici- Fifth Municipal District, bounded as follows, viz. : to elect one The fifth Municipal District of the city of New Orleans * is situated on the right bank of the Mississippi river, and is bounded by a line established by the State Engineer, begirlning at a point near the river bank, op- posite Ptolemy street, and thence running as follows, to -wit : South 42 deg. 30 min., east 4 miles and about 1080 feet, south 3 deg. 10 min., west about 620 feet, thence along the back line of properties. South 57 deg., east 2143 feet 4 inches. North 2 deg. 45 min., east 1910 feet 7 inches. South 53 deg. 30 min., east 5162 feet 2 inches. North 6 deg. 15 min., east 4932 feet 7 inches to town- ship line, 1 mile 138 feet 9^ inches. South 76 deg., east 311 feet 4^2 inches to township line, 445 feet 10 inches. South 72 deg., east 947 feet 9>2 inches. South 63 deg. 30 min., east 955 feet to range line 1337 feet 8 inches. South 83 h deg., east 860 feet 6 inches. North 81 deg. 7 min., east 524 feet 7 inches to range line 1366 feet 6 inches. South 81 deg. 15 min., east 2368 feet 6 inches to range line 4383 feet 7 inches. South 61 deg. 53 min., east l.^a miles and 277 feet 2 inches. South 31 deg. 35 min., east 1>2 miles and 2163 feet to lower line of Jeanne Lassales, thence up the Mississippi river to the point of departure, shall be entitled to one Councilman. Sixth Munici- Sixth Municipal District, bounded as follows, viz. : to eiect'Vwo From the Mississippi river, and thence along the centre ouncumen. ^^ Tolcdauo strcct Until it strikes the Melpomene Canal Tail-race, and thence along the centre of Melpomene CITY CHARTER OB^ 1896. xix Canal until it strikes Lowerline street to the Mississippi river, and thence along the Mississippi river to the point of departure, shall be entitled to two Councilnien. Seventh Municipal District, bounded as follows, viz. : seventh Muni- .... cipal District From the Mississippi river aloncr the centre of Lower- to elect one ■ . ^ ^r -, m -1 Councilman. line street until it intersects the Melpomene Tail-race, and thence along the centre of Melpomene Tail-race to Carrollton avenue, and thence along the centre of Car- rollton avenue to the centre of New Canal, and thence along the centre of New Canal to Lake Pontchartrain, and thence along Lake Pontchartrain to the Upperline Canal, and thence along the centre of Upperline Canal to Upperline street, and thence along the centre of Upperline street to the Mississippi river, and thence along the Mississippi river to the point of departure, shall be entitled to one Councilman. III. — ELECTIONS. Sec. 3. The election of officers provided for in this Election of act shall be in pursuance of the general election laws officers, now or hereafter existing, unless the Legislature by special act provides otherwise, in which case said elec- tions shall be in pursuance of such special laws. Said officers shall be chosen by a plurality of the votes cast Term of at the municipal election, and shall hold office for four officers. 3^ears from date of election, and serve until their suc- cessors are duly elected and qualified. Sec. 4. All legally registered voters entitled to vote Qualification for State officers shall be entitled te vote for city officers, and all elections for city officers shall be by ballot. Sec. 5. The commissioners of election shall make re- Election turns in the maimer provided by the election laws of the votes cast at each precinct or polling place for city offi- rm • 1 .1 , ,. .1 To organize. cers. The persons appearing by the returns ot the com- missioners of elections at the polls to have been j;W»»« facie elected shall assemble at the City Hall at 12 o'clock Mayor or presi- M. on the Monday next after the election. The Mayor or cedin^^co^un- president of the preceding Council, shall cause the re- and* adS turns to be added up in the presence of any and all per- loV^^sons sons who choose to be present in the room where the elected! -^""^ XX CITY CHARTER OF 1896. Council assemble, and he shall make or cause to be made by the clerk a roll of all the newly-elected Councilmen, without excluding any who are prima facie elected, and shall preside until a new president is chosen, and shall administer to such persons the oath of office. As soon as the new Council is organized and a president elected, it shall immediately proceed to compile the votes for ^crnfp°iiie votes ^^yor and other city officers elected at the same time, Ind ^ither^^^ proclaim the result of the popular vote. The Coun- city officers, ^jj} shall be incompetcut to proceed to any other business, except the election of president, as hereinabove pro- vided, until this shall be done. The president so elected shall at once proceed to administer the oath of office to the Mayor and other officers, and no commission from the Governor, or other title shall be necessary. Contested Sec. 6. The elcctiou of city officers, except Council- 'ons. jjjjgj^^ jjjg^y i^g contested in the same manner as is now or may be hereafter provided for contesting the election of parochial officers. Oath of office. Sec. 7. The Mayor and other officers elected or ap- pointed by virtue of this act shall, before they enter upon the duties of their offices, take and subscribe to the oath- prescribed by Art. 149 of the Constitution, and also the further oath that they possess the qualifications for their respective offices prescribed by this act. Mavor or other Sec. 8. If at any time the election of the Mayor or officer to hold ^^j^g^ officcr of this corporatiou shall be annulled or set aside for any cause whatsoever, the incumbent of the office shall nevertheless continue to fulfil its duties until a successor shall have been duly elected or appointed and qualified as required by law. IV. — LEGISLATIVE DEPARTMENT. Councilmen, Sec. 9. Thc legislative power of said coporation shall and quahfi-be vcstcd in a Council composed of seventeen members, elected by the voters of the respective wards or districts which they are to represent, and no councilman shall be qualified to fill a position unless he is an actual resident of the ward or district for at least one year preceding the cations nec- essary. CITY CHARTER OF 1896. XXl election, and they shall be elected at the same time as the Mayor and other officers; they must be citizens of this State and of the United States and residents of the €ity of New Orleans five years preceding their election, and shall be at least twenty-five years of age, and shall never have been convicted of any crime. Sec. 10. The members of Council shall receive twenty compensation dollars each for attendance at each regular monthly a«endan^c"e.* meeting of said body; provided, that such members shall have attended all called or special meetings held during such month. Sec. 11. The Council shall elect from its members a organization president, who shall receive an annual salary of two president r.f thousand dollars, and shall be ex-officio chairman of the^ , co""'^'!- ' Salary and finance committee thereof ; also a clerk, at a salary not 'duties of. exceeding one thousand eight hundred dollars per an- "^ 'salary ot. num, and a sergeant-at-arms at a salary of nine hun- ^^''^^'*"**rnis, dred dollars per annum. The president shall have a Salary of. casting vote in case of a tie. Sec. 12. The Council shall be exclusively the judges council fxctus of the elections, qualifications and return of its mem- onhequaufi* bers, and may expel one of its members by a two-thirds election of its vote of all the members elected to such Council, five .,'"^'" '"'t' ' May expel one days' notice and an opportunity of being heard in his o* jts mem^ defence having been previously given said member; but "f two-thirds no member shall twice be tried for the same cause. bers. Sec. 13. The Council by resolution may, during the session thereof, punish by arrest and imprisonment any person who is guilty of disrespect, disorderly or con- temptuous behavior in presence of the Council in ses- sion; and the Council or anv committee thereof may Authority to ' _ - _ ^ compel per- summon witnesses and compel their attendance by sons to testify *• "^ and to punisli attachment and administer oath by the president or for refusal, chairman, compel witnesses to testify and to produce books and papers, and may punish them by imprisonment or fine for failure to attend or refusal to testify or produce books and papers, but no such imprisonment shall exceed ten days for each offence; provided, that ^by"loun^i°o" any person so sworn who shall wilfully and falsely testify uabie^o plr^ before said Council, or any committee thereof, shall be ly'testifyVnl! XXii CITY CHARTER OF 1896. guilty of perjury and be subject to the penalty provided by law. Sec. 14. The Council shall have power and it shall be their duty to pass such ordinances, and to see to their faithful execution, as maybe necessary and proper: Peace and order. (1). To prescrvc the peace and good order of the city. *and°hllith. (2). To maintain its cleanliness and health, and to this end ; (a) to adopt and and provide an efficient sys- tem of drainage; (6) to provide for the inspection and cleanliness of all vaults, privies, yards, pools, markets, mahi'tain and cemcteries ; (c) to regulate the location of and inspection tre^Nnspe'^c^ and cleansing of dairies, stables, cattle yards, landings iiaws where and pcus, slaughterhouscs, soap, glue, tallow and leather drfnks* are factories, depositories for hides, and all places of busi- **''^* ness likely to be or become detrimental to health, and to adopt such ordinances and regulations as shall be necessary or expedient for the protection of health and to prevent the spread of disease, and to maintain a good sanitary condition in the streets, public places and ** ^nmsfnces- buildings, and ou all private premises. The Common Council shall provide for the frequent inspection of all premises by persons to be designated, either by the Com- mon Council or by the Board of Health in the city ; they shall also prescribe what water supply shall be provided by the owners of private premises and that all premises, yards, streets and alleys shall be kept in a cleanly con- dition ; shall provide for the punishment of any viola- tion of such ordinances or regulation, by tine or impris- ment, or both; and all such fines, when recovered, shall be paid over to the Board of Health, to assist in its maintainance ; {d) to suppress all nuisances ; (e) to prevent the sale of adulterated or decayed food, and punish the same; to punish the sale of adulterated To open and driuks. from obstruc^ (3). to opcu aud kccp opcu and free from obstructions sq'u'k're^sr^ ' all strccts, pubUc squarcs, wharves, landings, lake shore wharves, etc. -, . -, i i i and river and canal banks. Repairs of bwdges, (4). To keep the streets and crossings and bridges ducbes?"^ and canals and ditches clean and in repair. CITY CHARTER OF 1896. Xxiii (5). To adequately provide for the maiutenance of"^" "j^'^^**^^^^ an efficient police force and fire department. ^^^^ depan- (6). To light the streets, wharves, landings and public Lighting. squares. (7). To organize and maintain free public schools. PubUc schools. (8). To maintain levees, dykes, and to protect the city Levees and from overflow, and to provide for the drainage thereof. •■amage. Sec. 15. The Council shall also have power : (1). To order the ditching, filling, opening, widen- streets, ing and paving of the public streets, and to regulate the grade thereof. (2). To regulate the public cemeteries, to order the Cemeteries, manner of conducting the same and to order the closing of same. (3). To compel the owners of any lot or lots to fillTo order the , , , , , , filling of lots. the same to a grade above the grades of the streets and to constmct drains or gutters. (4). To improve and embellish the public squares to improve and parks and places. public parks. (5). To construct and maintain wharves and land- wharves and ings, and to erect sheds and buildings therein to Landings, protect merchandise in transit and to prescribe and col- lect such charges, wharfage and levee dues as will pay for the construction and maintenance, lighting and policing same and no more, so as to make the port of New Orleans as near a free port as possible. The Coun- cil shall have power. (6). To compel the owners of property or tenants to sidewalks, keep their sidewalks in front of such property clean and in repair. (7). To prevent explosive and dangerous substances to provide for from being stored or kept in dangerous quantities in Ld Vemo'"^ the city, to designate the places where such dangerous ubies?°'"''"'' articles may be stored and to regulate the manner of hauling and keeping explosive substances. (8). To determine within what limit wooden build- Fire limits, ings shall not be erected and to prevent the recon- struction in wood of old buildings within such limits. (9). To regulate the safety, height and thickness Buildings, con- of the walls and structures. XXiv CITY CHARTER OF 1896. Animals, to (10). To determine what animals shall not be per- p r e V e nt the . . , , . . . roving of. mitted to rove in the limits of the city, and to cause them to be killed or to be confined and sold, when found to be roaming at large, amusement, (H)- To rcgulatc the policc of thcatrcs, public balls, to regulate, (ja^cc houscs, couccrt saloous, taverns, hotels, houses of Houses of public entertainment, shops for retailing alcoholic liq- ?o°*«"uia°e^^^®' houses of prostitutiou and assignation and to cufde *° ^''" close such houses from certain limits, and shall have power to exclude the same, and to close houses and places for the sale of intoxicating liquors when the public safety may require it, and to authorize the Mayor and police to close such places. Gambling. (12). To closc all gambling houses and to expel from the city, and to imprison all bunco men, lottery men, common cheats and swindlers, beggars and dan- gerous and suspicious characters. iRaiiroads, (13). Havc the power to authorize the use of the and to pro- strccts for railroads operated by horse, electric, steam vide regula- , 1*^11 tions. or other motive power, and to regulate the same ; to re- quire and compel all lines of railway or tramway in any one street to run on and use one and the same track and turntable, to compel them to keep conductors on their cars and compel all such companies to keep in repair the street bridges aud crossings through or over which their cars run. Batture, (14) To lay off and sell in lots or squares so much of the batture from time to time as may be required for public purposes, but the right of accretion or to future batture shall never be sold. Public institu- (15). To establish jails, houses of refuge, reformation and correction and make regulations for their govern- ment, and to exercise general police power in the city of New Orleans. Ordinances, Scc. 16 No Ordinance or resolution shall pass the how same Council at the same session at which it is first offered, adopted. but cvcry Ordinance or resolution shall, at its first offer- ing be read in full and shall lie over at least one week before being finally considered by the Council. CITY CHARTER OF 1896. XXV Sec. 17. The Council shall meet on the first Tuesday council, -evening of every month, and as much oftener as they shall determine to be necessary. All meetings for organization, and canvassing and compiling and pro- claiming the result of an election shall be held in day- open sessions, light. The Council shall sit with open doors, and no resolution or ordinance, except resolutions for investi- councTieiect- gation and for the conduct of parliamentary business, for Tdoptfons shall have force of law, unless it receive the votes of a a n''d'^'re"o'iu^- majority of the members elected to said Council, and "'"'^' unless on its final passage the ayes and nays are called and recorded. Sec. 18. The Council shall organize the departments organization of Comptroller, Treasurer, Commissioner of Public ments. Works, Commissioner of Public Buildings, City Engineer and City Attorney, regulate the number of clerks and other persons to be employed therein, and fix the sal- aries of such clerks and employees. The heads of such chief clerk or departments shall have the right to appoint, by and a^p^poin'ted with the consent of the Council, the chief deputy or moted?''' " <3lerk in such department, and may discharge same at pleasure ; the fact of such discharge and the cause thereof shall be communicated to the Council at its first meeting thereafter. Sec. 19. The Council shall fix the compensation of Coy>P«"«*t'o° '^ of employees. every officer of the city, or of the State, whose services are by law to be paid by the city of New Orleans, except such whose salaries are hereby fixed in this act, and regulate the number and compensation of all persons on the pay roll of the city of New Orleans. Sec. 20. It shall not be lawful for the Council to salaries of increase the salary or compensation of any officer during increase of, the term for which such officer has been elected by ^"^ ' "^ * allowing him any fees for the performance of any dutj'' imposed on him by this act or by the Council ; provided, the Council may abolish such office. Sec. 21. The Council shall not grant any privilege for Bar rooms, the opening of any bar room, saloon, concert saloon or i^o"on'^'s, etc., dance hall, except upon the written consent of a majority pr^opl r t^'y of the bona fide householders or property holders within consenVtothe 300 feet, measured along the street fronts, of the pro- ^„V.**>»«hment XXVi CITY CHARTER OF 1896. posed location of such bar room, saloon, concert saloon or dance hall, and it shall revoke any privilege on the petition of a like number of such persons, any prior license or privilege to the contrary, notwithstanding. V. — EXECTUIVE DEPARTMENT. Executive de- The cxecutivc powers of this corporation shall be partment, "^ ^ vested in one Mayor, one Comptroller, one Treasurer, one Commissioner of Public Works, one Commissioner of Police and Public Buildings and one City Engineer. Election and Thcsc oflficers shall be at least thirty years old, citizens of appointment , ./ ./ ' of officers, this State aud of the United States, and residents of this and qualifi- . . ^ cations neces- City for fivc ycai's prior to their election or appoint- ment. The Mayor, Treasurer and Comptroller shall be elected by the people of New Orleans for the term of four years ; the Commissioner of Public Works, Com- missioner of Police and Public Buildings and the City Engineer shall be appointed by the Mayor as hereinaf- ter provided. Election of Sec. 23. As soou as the new Council is organized it Mayor and other elective shall compilc the votcs for Mayor and other elective officers. "^ Providing for ^^^y officcrs froiu the returns of the Commissioners of thfn of Totes Election, and at once proclaim the result of the popular cast for. vote. They shall be incompetent to perform any other business until that be done. The president of the Coun- cil shall administer to them the oath of office, and no commission from the Governor shall be necessary. Signatures of Sec. 24. lu all cascs whcu the Ma3^or or other officer officials. IS required by this act to sign any account, warrant, or- der, check, document or other instrument, such signing shall be made in his own proper handwriting, and in no case shall such officer use a stamp, or types, or any en- graved instrument for that purpose ; nor shall they au- thorize a clerk or deputy to sign in their stead, except as hereinafter provided. Chief deputy or Sec. 25. The chicf dcputy or clerk of each department partments. shall fumish a bond in favor of the Mayor and his siic- To furnish cessors iu office for such amount as shall be fixed by the bond and to . . . act Council, and in case of suspension, absence, resignation "or death of any executive officer the chief clerk or CITY CHARTER OF 1896. XXVii deputy of such officer shall continue in office and per- form the duties of such executive officer until another be elected or appointed and qualifies ; and for the de- faults and malfeasance in office of such clerk or deputy during his administration of such office he and his sure- ties shall be liable. Sec. 26. The Comptroller, Treasurer, Commissioner officers of city. ^ right to seats of Public Works, Commissioner of Police and Public on floor of T n , Council. To Buildings, City Attorney and City Engmeer shall have discuss and the right to seats on the floor of the Council under such matters per- t a 1 n 1 n g- to rules as the Council may adopt ; and such rules they are their depait- required to make. They shall have the right to discuss and debate all matters pertaining to their respective de- partments, but shall not participate further in the pro- ceedings of the Council than here provided. MAYOR. Sec. 27. The Mayor shall be elected by a plurality of Qualification •^ J f .7 and duties of votes cast at the municipal election held pursuant to mayor. law. He shall keep his office at the City Hall, and shall have a seal to be called the seal of the city of New Orleans, which shall be affixed to all proper official acts of the corporation ; he shall sign all contracts in behalf of the city, and no contract shall be complete until so signed ; he shall see that all the laws and ordinances within the limits of the city of New Orleans be executed and enforced ; he shall be ex officio justice and conservator of the peace ; he shall have the right to appoint and remove such officers as may be hereinafter designated ; and he shall have the right to debate upon the floor of the Council and participate fully in all proceedings thereof ; ^^^^^^ ^ he shall call meetings of the Council whenever he shall council, how f called. deem proper, or whenever five members thereof shall request him in writing so to do ; he shall monthly lay before the Council a full statement of the condition of- affairs of the city ; it shall be his duty to report to to report aii the Council all officers and persons employed by the eSpfoyees"o1 city who fail to perform their duty, or commit any act iS| "to^ Jer-' for which they are liable to impeachment or removal dCiy™ ^^^" XXViii CITY CHARTER OF 1896. from office, and may in his discretion suspend such per- son until the action of the Council, to whom he shall report such suspension at their first meeting thereafter ; and should the Mayor neglect or refuse to so report he ^exTc'lnSl'^ffi! ^^^^1 be guilty of nonfeasance and liable to removal ; it re"'u*re rl°^^^^^ bc Ms duty to Call together the executivc officers Lm'e? *'^°'" ^^^ heads of departments for consultation and advice upon the affairs of the city at least once a month, and at such meetings he may call on such officers and heads of departments for such reports relating to the subject matters under their control as he may deem proper, and it shall be their duty to prepare and submit same to him Responsible ^^ o^ce ; he shall be responsible for the proper conduct ^d'lct^^oi offi-of the officers of the several departments appointed pfoJeTsf Ind by him, and may to this end remove from office any TO°oTai.°^ ""^ su^^ officer or employee, and he shall serve his reasons therefor in writing on such officer, and transmit a copy thereof to the Council, to be spread upon its Salary. miuutcs ; he shall receive an annual salary of $6000, payable monthly on his own warrant, but he shall re- ceive no fees or other emoluments of any kind, under any pretence whatever, on pain of removal, and he shall render daily account and pay into the treasury all sums which he may receive for the use of the city from any source. Ordinancesand Sec. 28. All ordiuanccs and resolutions, except as resolutions. ^ Mayor to ap- hereinafter provided by Sec. 86, after having been publish sa^me passed by the 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 Veto. law. But, if the Mayor shall disapprove of any ordi- nances or resolutions transmitted to him as aforesaid, he shall, within five days from the time ho received it, return the same to the Council with his objections in writing, and if two-thirds of the members elect shall ad- here to said ordinance or resolution, notwithstanding said objection, then, and not otherwise, the said ordinance or resolution shall, after publication thereof, have the Pocket veto. force of law; the failure to return an ordinance with his y CITY CHARTER OP 1896. Xxix veto, within five days, if the Council be in session, or to the next session of the Council, after five days, shall have the same effect as a veto. Any ordinance making ^^^^^^ nfayfc appropriation or fixing the number and salaries of em- ^^^1°'^^^ '"^ ployees may be approved in part or vetoed as to specific items mentioned by the Mayor in his veto message. Sec. 29. It shall be the duty of the Mayor to publish official journal all ordinances and resolutions passed by the Council, and it shall be the duty of the Clerk of the Council to ^ ,. '' Ordinances publish the proceedings of the Council : the whole in a and proceed- ^ r i=> 7 ,ngg of coun- newspaper published daily in New Orleans (and which f".'^°j^^P"^' shall have been in existence as a daily paper for one year previous to the contract), the proprietors of which shall offer to publish said proceedings at the How selected, lowest price, at public aution, after one week's notice, cations neces- and give good security for the faithful performance of the work. Such offering shall be made at least every Term of con- " "^ tract limited. two years, and no contract shall be made for a longer period. comptroller. Sec. 30. The Comptroller shall have a general super- comptroller, intendence of the fiscal affairs of the corporation. He shall prescribe the mode and manner of keeping the corporation books and accounts in every department entrusted with the receipt and expenditure of money, and said books and accounts and the rolls and books kept by the Assessors shall be at all times subject to the inspection of the Comptroller, the Treasurer and the chairman of the Finance Committee of the Council. To audit all The Comptroller shall examine and audit all claims and claims against city. 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 Treas- '' •'To issue war- urer or any other officer from any source whatever, ex- rant for re- •^ ' ceipt or pay- cept on a written order, receipt or other document signed men' o^ »" ^ ^ » money. by the Comptroller, and no money shall be paid out of the treasury unless authorized by an ordinance or reso- lution to the Council, and on a warrant signed by the Comptroller. All accounts or bills for the collection of XXX CITY CHARTER OF 1896. "^re^ctfT^r au ^^^^^^^ shall be divided in classes corresponding *<=<=°""*^,, "^ ° with the different Sources from which said revenue is comptroller. drawn, and the accounts or bills of each class shall be numbered from one upward, and said accounts or bills, when delivered to the Treasurer, shall be charged to said Treasurer on the books of the Comptroller as cash received by the Treasurer, to be accounted for by him. The Comptroller shall not warrant upon the Treas- ^acfo^u'^t"^ b " ^^'^^' ^^^ *^^ payment of any bill, requisition, claim, pay fore warrant- j-qH qi* demand of whatcver nature unless same has been ing on treas- urer, flrst certified in writing as correct and due by the officer or board by whom, or under whose authority, the same was contracted, and also by the chairman of the Finance Committee of the Council, and until he shall have care- fully examined and computed such claim. Any officer. Penally for board Or any member of Said committcc who shall cor- falsely certi- ^ f y i n g to ruptly or wilfully certify any claim as correct or due, or against city, warrant for same, knowing same to be incorrect or not justly due, shall be guilty of a misdemeanor and punish- able by a fine not less than five hundred dollars or more than one thousand dollars, and shall furthermore be removed from office. If any claimant is indebted to To deduct in- Said city, the Comptroller shall deduct such indebted- maturtdTomiiess, if maturc, f rom the amount due said claimant, and claimants of gj^^jj ^^ Certify to the Treasurer. The Comptroller shall retain in his hands, as his vouchers, all bills, requisi- ^main!^*' *°tions, payrolls and other evidences of claims and de- mands so certified and warranted, and shall register same in regular order in a book kept for that purpose. When any person, other than such a claimant, is in- ciJims in hands deb ted to the city, the Comptroller shall place same in of^^city Attor- ^j^^ j^^^^g ^j ^^^ q-^^ Attorney for collection, and shall take his receipt therefor. The Comptroller shall keep a Accounts. full set of books in which all the fiscal operations of the corporation shall be recorded. He shalJ, in every month Report, to be of cach year, lay before the Council and the Mayor a submitted in o ^ • -, -. • -■ • i detail to the rcport of the receipts and expenditures during the past monthly. mouths, glviug uot Only the various items of receipts and expenditures, but a full detail of the names of all per- sons to whom money has been paid, the amount CITY CHARTER OF 1896. XXXi thereof, the number of warrant and the dat-e of the reso- lution or ordinance authorizing the expenditure. He Semiannual , report to be shall, also, in the months of January and July of each suismiited. year, lay before the Council and the Mayor a report giving not only the various items of said receipts and expenditures, but a full detail of the names of all per- sons to whom money has been paid, the amount thereof, the number of the warrants and the date of the resolu- tion 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 resolution or ordinance authorized. It shall also contain estimates to be made by the Commissioner of Public Works and chairman of the Finance Commit- tee of the Council of the receipts and expenditures for the current six months ; said report, in a condensed form, shall be published in book form ; and he shall gen- erally, in addition to the duties herein enumerated, per- form all such other duties as the Council shall prescribe. He shall, before entering on the duties of his office, give bond to the amount of fifty thousand dollars, and with „ , ' ' Bond. such sureties as shall be approved by the Council for the faithful performance of his duties, and he shall re- ceive for his services, as a salary, four thousand five Salary, hundred dollars per year. TREASURER. Sec. 31. The Treasurer shall receive and safely keep Treasurer, '^ ^ Duties of. all moneys, bills receivable, dues and assets belonging to the city. He shall deposit same daily in such bank t o deposit or banks as the Council shall elect viva voce, paying the^*''^' highest rate of interest therefor consistent with the safety of such deposits. Such bank or banks shall Depositary- give bond equal to estimated average deposits to secure etc.^''^''**'°"^' the city against all loss. All interest on such deposits shall belong to the city. He shall pay on the warrants checks, how of the Comptroller, and by checks drawn to order and co'unt'errigne'df countersigned by said Comptroller and the Mayor, or in case of said Comptroller or Mayor's absence or sickness, XXxii CITY CHARTER OF 1896. countersigned by said Comptroller's chief clerk and the president pro tern, of the Council, all claims against the city which the Council may authorize, and in no case shall the Treasurer pay any claim whatever against the city Check book^x^^^pt in the manner set forth. He shall keep a check anced^*''^ ***' book, iu which the daily deposit of money made by him shall fully appear, and he shall each day deduct there- from the amount of the checks drawn by him, so that the balance in bank in favor of the city shall at all To require times appear upon the margin of said check book. The pa^yments?' * ' Treasurer shall take a receipt from each person in whose favor he draws a check upon the money of the city, deposited as above set forth, which re- ceipt shall fully and clearly state the consider- ation for which the check receipted for was given. To balance The Treasurer shall balance his check book, bank co^mptroLn** book, cash book and accounts with the Comptroller Accounts, etc., wcckly, and he shall cancel each week, and in presence inspec°tron o"f of the Fiuancc Committee of the Council and the Mayor,. cers?"* °^ all warrants and evidences of claims against the city which shall have been paid by him, and all books kept by him, including his check book, bank book, cash book and all return 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 inspection of the Comptroller, Finance Committee of the Council Reports t o ^^^ *^^ Mayor. He shall furnish the Comptroller with and counc?"" ^ *^^^^y ^'^P^^^ ^^ Writing of the receipts and expendi- tures and all the fiscal transactions of his office, and he shall lay before the Council and furnish to the Mayor at each regular meeting of said Council a detailed report of the same, which shall be published ; and generally he shall perform all such duties as may be imposed on him Bond of. by said Council. He shall, before entering upon the duties of his office, give bond to the amount of fifty thousand dollars, with such sureties as shall be approved by the Council for the faithful performance of his Salary. dutics, and shall receive for his services an annual salary of three thousand five hundred dollars. CITY CHARTER OF 1896. COMMISSIONER OF PUBLIC WORKS. Sec. 32. The Commissioner of Public Works shall commissioner o t r u D I I C be appointed by the Mayor, by and with the consent <^f ^oVn'^ment the Council, and may be removed by him at pleasure on ^"^'remo'vai o/ serving him with his reasons in writing, for such re- moval, and on transmitting a copy thereof to the Coun- cil to be spread on its minutes ; he shall be a practising civil engineer of good standing and reputation. The duties of. Commissioner of Public Works shall have general charge and superintendence of all matters relating to water- works^ railroads, levees, weights and measures, manu- factories, streets, sidewalks, pavements and wharves ; the construction, cleansing and repair of the same ; the construction and repair of bridges and drainage and hygiene of the city in so far as the same may be com- patible with the laws and duties of the Board of Health and shall be vested with and perform such other func- tions as may be prescribed by said Council. He shall Reports of. report to the Mayor, in detail, the working of his de- partment; he shall cause to be made from time to time, and at least quarterly, a detailed statement to be sub- mitted to the Council, stating the condition of the streets, from curb to curb, including the bottoms and grade of the gutters along which tracks are laid or railroads cross or pass ; also the condition of the bridges, wings and crossings, whether the same be of iron or wood ; also whether the grade of such railroad tracks, bridges and crossings are level with the surface of the street, also whether the natural drainage of aliy gutter is impeded by bridges or culverts over which said tracks are laid, being too low or high, or for want of iron cross pieces being used for bridges in lieu of wood, or whether such natural drainage is impeded for want of bottoms in bridges or whether such bottoms of bridges required to be lowered or raised. He shall, be- Bond of fore entering upon the duties of his office give bond in the sum of twenty-five thousand dollars, with good and solvent security, as shall be approved by the Council, conditioned for the faithful performance of his duties. He shall receive an annual salary of four thousand salary, dollars. CITY CHARTER OF 1896. COMMISSIONER OF POLICE AND PUBLIC BUILDINGS. Commissioner Sec. 33. The Commissioner of Police and Public and Public Buildings shall be appointed and may be removed in p^ntment and the samc manner as the Commissioner of Public Works. The Commissioner of Police and Public Buildings shall, Duties of. g^ ^^^ g^g ^YiQ Council may have authority, have in charge the Houses of Refuge and Correction, Pounds and Cem- eteries, and shall be vested with and perform such other functions and duties as may be prescribed by the Council ; provided, that no authority or duty herein conferred or imposed upon said department, or upon the Council, shall conflict with or impair any of the powers, Pubii. insti- duties and rights conferred by this act upon the Mayor ; charge ot.' he shall have general superintendence of the school houses, markets, slaughter-houses, prison and police stations and jails, work house, asylums, hospitals and all courts and public buildings, except the City Hall, which shall be under the control of the Mayor and the Fire and Po- several executive of&cers. He shall appoint subject to aiTp^tnu^enis and in accordance with the rules and regulations pre- "*• scribed by the Board of Civil Service Commissioners, a Superintendent of Fire Alarm and Police Telegraph, who shall be a competent electrician, at a salary of eighteen hundred dollars a year ; also such telegraph operators, linemen, battery-men and messengers, at such salaries as the Council may designate ; he shall be vested with and perform such other functions and duties as may be prescribed by the Council ; he shall report to the Mayor, monthly, the full details and workings of his Bond of. department; he shall, before entering upon the duties of his office, in addition to the oath required, give bond in the sum of twenty-five thousand dollars, with good and solvent surety, as shall be approved by the Coun- cil, conditioned for the faithful discharge of his duties ; Salary. he shall rcccivc an annual salary of three thousand five hundred dollars, payable monthly. CITY CHARTER OF 1896. CITY ENGINEER. Sec. 34. The Mayor shall appoint, by and with the C'ty Engineer, '' r-r- 7 ./ appointment, consent of the Council, a civil engineer, in good stand- removal and ' o 7 o , qualificati o n ing,. who shall have practiced his profession for at least "f- five years prior to his appointment as City Engineer. He may be removed by him in the same manner as is pro- vided in case of the Commissioner of Public Works. The ^^f °'' **'^'''' City Engineer shall receive an annual fee of four thous- and dollars ; he shall furnish the Council and the proper authorities of the city, when so ordered, with all the plans ^pian^s'elc.^ ^ and estimates and other information appertaining to his department which such Council or executive officers may require. He shall superintend the construction of all pub- ^_^^ colfstru"- lic works, and report after the completion of the same the [Jc work!" ^"^" manner in which the works have been executed, and shall perform such other duties as the Council may direct. He shall give all lines and grades for all side-gygjg"^^*/ ^t walks, streets, railroads and other works authorized by ^"'■"'^''*^ ^''' the Council, for which services no charge shall be made. He shall estabish and keep up to date a platted record, be^kept'b/.' *** in book form, on a suitable scale, of the sub-division of each and every block in the city, as far as is practicable from the information in his possession and from the re- ports made to him by the deputy surveyors of their transactions. Sec. 35. There shall be appointed by the City Engi- Deputy sur- iieer, under and in accordance with the rules and regu- pointment and lations prescribed by the Board of Civil Service Com-'^"'^' missioners, not more than seven deputy surveyors, skilled in their profession. They shall furnish bond Bond of. with sureties satisfactory to the Council in the sura of five thousand dollars, to guarantee the faithful perform- ance of their duties. They shall keep an office within offices of. the districts to be designated by the City Engineer, but shall have authority to make surveys anywhere within the corporate limits ; the compensation of Fees of. deputy surveyors on all surveys in amount exceed- ing five dollars is hereby fixed at a rate of two cents per running foot, to be paid by the persons XXX Vi CITY CHARTER OF 1896. who shall employ them to give surveys of their prop- ovTner" toVoti^^^^^" P^operty owners shall notify the deputy sur- leyorroF sX' ^^7^^ ^^ their district of all new sub-divisions of their ^^J |.^^o " o ^ properties made by them, under a penalty of fifty faiiure'^^ * ° "■ dollars for each neglect to do so, and all lines for such sub-division shall be given by the deputy sur- en^u' ^^ *"*^ veyor. The deputy surveyors shall, immediately after its execution, furnish the City Engineer with a full and complete copy of any survey made by them under a penalty of fifty dollars for each neglect to do Penalty for SO and the rcmoval from office. It shall be un- uy any^°ride° lawful, uudcr a penalty of fifty dollars for each and or other' i m - cvcry offcncc, for any person or persons to lay any side- without lines walks, street railroad or other improvement upon the g^nTer. '^ °" strccts, sidcwalks, public ways or grounds of the city until the lines and levels thereof have been furnished by the City Engineer, and the deputy surveyors shall not give such lines or levels unless by special instrue- veyrprohibu"dtions from the City Engineer. The City Engineer and near and em- thc cmployccs of his officc are prohibited from making ployees of of- . . fice. private surveys. CITY ATTORNEY. City Attorney. Sec. 36. The Mayor shall appoint, by and with the quairti^c^au^o n couscnt of the Couiicil, a duly licensed lawyer of good remova o . g|.^jj^jjjg ^j^^ ^iBiS practiccd his professiou for at least five years prior to his appointment, as City Attorney, and may remove him from office in the same manner as is pro- Legai adviser vided in the case of the Commissioner of Public Works, corpora ion. ^^^ ^.^^ Attomcy shall be the legal adviser of the cor- poration on all matters in which his advice may be neces- sary, and shall represent such corporation in all judicial proceedings, suits, actions and contestations in which it Contracts, to may havc an interest ; all contracts to be made with the approve^ before city or any of its departments shall be submitted to him competion » • j^gf ^^^.g, exccutlon for his examination, and he shall en- dorse on each his approval of the form thereof before the same shall be finally signed by the parties thereto, and he shall be the custodian of all such papers and records as may be designated, and perform such other CITY CHARTER OF 1896. XXXVii duties pertaining to his department as may be required by law or ordinance. He shall receive a salary of six salary of. thousand dollars a year, but no extra compensation or fee shall be allowed, and no attorney shall in any case Assistant coun- be appointed to assist him unless by the vote of two- pointed.'' *^' thirds of the members of the Council present at any meeting. He shall have the appointment, with power Assistant city of dismissal at pleasure, of all assistant counsel that appointed. the Council may allow him. The City Attorney shall J^'e'^'roh^bited" not be permitted to engage in any private jJractice ; and he shall hold office for six years unless sooner removed, as above provided. CITY NOTARY. Sec. 37. The Mayor shall appoint, by and with the city Notary, consent of the Council, a duly commissioned and prac- q u^a n fi^at^on tising notary public of this parish as City Notary, and*" ''^"'°^^ °- may remove him from office in the same manner as is provided in the case of the Commissioner of Public Works. All contracts, agreements, acts of sale or pur- To submit chase, and all authentic acts to which the city of New to city Attor- Orleans may be a party, or have any interest therein, ai7 °'^^^^''°''' shall be prepared by the City Notary and submitted by him, before execution, to the City Attorney for his approval, and if so approved shall be then executed before said City Notary. His compensation shall be ^^^s. the fees prescribed by law, and the same shall be paid by the party so contracting with the city of New Orleans ; that upon the promulgation of all resolutions, approvals, coT.°trrcVori the adjudication of contracts or sales or purchase, said sigl.^"''^*'*^ *** City Notary shall notify the contractors or the parties thereof, and if the contractors and sureties fail to exe- cute and sign their contract and bond within ten days thereafter, the City Notary shall thereupon inform the head of the department to which said contract pertains of such failure; and said City Notary shall furnish thetrStofcu": head of the department to which any contract so entered heals of ^dl into pertains, as well as to the City Engineer, a copy of Thic'h^contraa each and every such act or contract to wiiich the city of fixing"fhe *fees New Orleans is a party, which copies shall be preserved C[her°£sons? XXXViii CITY CHARTER OF 1896. and bound by said officers for reference, and shall form part of the archives of said office. The City Notary shall provide other parties applying for same copies of contracts at a cost not to exceed three dollars per copy. VI. — BOARDS AND COMMISSIONS. Sec. 38. In addition to the Board of Police Commis- sioners, created by Act 63 of 1888, and the Board of Fire Commissioners, created by Act 83 of 1894, there shall be a Board of Civil Service Commissioners. BOARD OF CIVIL SERVICE COMMISSIONERS. Civil Service Sec. 39. The Mayor, by and with the consent of the a p^o"intnient Council, shall appoint three discreet persons who shall °** be known and shall constitute the Board of Civil Service Term of office, Commissioncrs. They shall hold office for twelve years, and'saUry°o'f^ uulcss sooucr rcmovcd. They shall be at least thirty years old, citizens of the United States and of the State for ten years, and residents of the city of New Orleans for five years prior to their appointment, and they shall each receive an annual salary, payable monthly, of three thousand dollars, and shall be men of good repute and Eiiigibiiity to education. No person shall be eligible for such ap- pointment who has been a candidate for or incumbent of a municipal office in this State within four years prior to his appointment, nor shall such officer during his in- cumbency be a candidate or applicant for or hold any State, national, parochial or municipal office, nor be a member of or delegate to any municipal political com- mittee or convention, nor shall such officer be eligible for any office under the government of the city of New Orleans within four years after his incumbency for any Removal, reason shall cease. And it shall be the duty of the manner o . jyjg^yQj. ^q ^^kc coguizaucc of any violations of these pro- hibitions and forthwith remove such commissioner and appoint his successor ; transmitting in detail his reason in writing to the Council for such action. The Mayor shall remove any commissioner for malfeasance, non- feasance, gross misconduct, habitual intoxication, par- tiality and favoritism in office, transmitting to the Coun- CITY CHARTER OF 1896. XXXix cil at its first meetinj^ thereafter, to be spread on its minutes, his reason in detail for his action. Sec. 40. Of the members of the first board created by t e r m s of Section 39 one shall be appointed for four, one for° eight, and one for twelve years ; thereafter all appoint- ments, except to fill nnexpired terms, shall be for twelve years ; vacancies shall be filled by the Mayor by and with the advice and consent of tlje Council. Sec. 41. The board shall have the right to appoint secretary and one chief examiner, who shall be ex-officio secretary of ary.etc. the board, at an annual salary of three thousand dol- lars, payable monthly; one assistant examiner at a salary of eighteen hundred dollars per annum, payable monthly, and two clerks at annual salaries of one thou- sand dollars, payable monthly; and such other clerks as the Council may from time to time allow. These persons shall hold office at the pleasure of the board. Sec. 42. Said commissioners shall, as soon after their classification of offices. appointment as possible, classify all the offices and places of employment in this city, except only such offi- ces and places to which appointment or election is other- wise expressly provided for by this act, with reference to the examinations hereinafter provided for. Such offices and places so classified shall constitute the classi- fied civil service, and no appointment shall be made to any of such offices or places by any officer, board or body, except under and in accordance with the rules hereinafter mentioned. Sec. 43. Said commissioners shall, after their ap- To proride pointment, make rules for examinations, appointments in.-ition, a p - and removals, in accordance with the provisions of this ?emo™a1s.'^ ^° act relating to the Board of Civil Service Commis- sioners, and they may, from time to time, amend or change same. Such rules, so made, shall be published and distributed, and go into operation in not less than ten days from date of publication, and the date upon which same shall be operative shall be specified. Sec. 44. All applicants for offices or places in said Examinations <;lassified service shall be subjected to examination, competitive, •which shall be public, competitive and free to all Xl CITY CHARTER OF 1896. citizens of New Orleans, with specified limitations as to residence, age, health, habits and moral character, ticai* ^* ^^^'^ Such examinations shall be practical in their character, and shall relate to those matters which will fairly test the relative capacity of the persons examine d to dis- charge the duties of the positions to which they seek to be appointed, and shall include tests of physical qualifi- cations and health, and, when appropriate, of manual pontS"que"^ skill. No questions in any examination shall relate to tK)ns prohibit- pQji^jgg^j qp religious opinions or affiliations. The board shall control all examinations; and may, whenever an cmdncttag ex^ examination is to take place, designate a suitable num- aminations. j^gj. Qf persous, either in or not in the official service of the city, to be examiners, and it shall be the duty of such examiners, and, if in the official service it shall be a part of their official duty, without extra compensation, to conduct such examinations as the board may direct, and to make return or report thereof to said board, and the board may at any time substitute any other person, whether or not in such service, in the place of any one so selected ; and the board may themselves, at any time, act as such examiners and without appointing examiners. Date and g^Q 45_ ;N^otice of the time and place and general place of exam- •^ " '"uwuhed" ^ * scope of every examination shall be given by the board by publication for two weeks preceding such examination, in a daily newspaper of general circulation, published in such city, and such notice shall also be posted by said board in a conspicuous place in their office for two weeks before such examination. Such further notice of ex- amination may be given as the board shall prescribe. To prepare Sec. 46. From the returns or reports of the examiners, reford'^of ^suc-or from the examinations made by the board, the board dates. " ' shall prepare a register for each grade or class of posi- tions in the classified service of such city of the persons whose general average standing upon examination for such grade or class is not less then the minimum fixed by the rules of such board, and who are otherwise eligible ; and such persons shall take rank upon the register as candidates in the order of their relative ex- cellence as determined by examination, without refer- ence to priority of time of examination. CITY CHARTER OF 1896. xli Sec. 47. The board shall, by its rules, provide for Promotions in. promotions in such classified service, on the basis of vice, ascertained merit and seniority in service and examina- tion, and shall provide, in all cases where it is practica- ble, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank as desire to sub- mit themselves to such examinations ; and it shall be the duty of the board to submit to the appointing power the names of not more than three applicants for each promotion having the highest rating. The method of examination, and the rules governing the same and the method of certifying, shall be the same as provided for applicants for original appointment. Sec. 48. The head of the department of office in t^PP*'^fa*S'| which a position classified under this act is to be filled f^^de"' ^""^ shall notify said board of that fact, and said commission shall certify to the appointing officer the name and address of the candidate standing highest upon the reg- ister for the class or grade to which said position be- longs, except that in cases of laborers, where a choice by competition is impracticable, said commission may provide by its rules that the selections shall be made by lot from among those candidates proved fit by examina- tion. The appointing officer shall notify said board of each position to be filled separately, and shall fill such place by the appointment of the person certifed to him by said board therefor, which appointment shall be on probation for a period to be fixed by said rules. Said o f "^uccess'^t board may strike off names of candidates from the reg- ister after they have remained thereon more than two years. • At or before the expiration of the period of mtnt!^''^'"*"^ probation the head of the department or office in which a candidate is employed may, by and with the consent of said board, discharge him upon assigning in writing his reason therefor to said board. If he is not then dis- charged his appointment shall be deemed complete. To Heads of de- . partments may prevent the stoppage of public busmess ; or to meet ex- make tempo- traordinary exigencies, the head of any department ments tn ex- or office may, with the written approval of the board, Xlii CITY CHARTER OF 1896. make temporary appointment, to remain in force not exceeding sixty days, and only until regular appoint- ments under the provisions of this act can be made. Employees in Sec. 49. No officer Or employee in the classified civil vice* not to^'be scrvicc who sliall have been appointed under said rules ce"t°fof cause and after said examination shall be removed or dis- charges."^ ""charged except for cause, upon writen charges and after an opportunity to be heard in his own defence. Such charges shall be investigated by or before said Board of Investigations. Civil Scrvicc Oommissioncrs, or by or before some offi- cer or board appointed by said board to conduct such investigation. The finding and decision of such board or investigating officer or board, when appointed by said Board of Civil Service Commissioners, shall be certified to the appointing officer and shall be forthwith enforced by such officer. Nothing in this act shall limit the Power to sus- power of any officer to suspend a subordinate for a rea- sonable period, not exceeding thirty days. In the course of an investigation of charges, each member Authority to of the commissiou, and of any board appointed by produce per- •sons and pa- it, and any officer so appointed shall have the power to administer oaths and shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation. Nothing in this section Exceptions, shall bc coustrucd to require such charges or investiga- tion in cases of persons having the custody of public money, for the safe keeping of which another person has given bond. Appointments, Sec. 50. Immediate notice in writing shall be given transfers, pro- ^ ° motions and the appointing power to said board of all appointments, resignations to '^'^ ° *^ '^^ ' be immediately permanent or temporarv, made in such classified civil forwarded t o ^ f ^ i Board. service, and all transfers, promotions, resignations, or vacancies from any cause in such service, and of the date thereof ; and a record of the same shall be kept by said board. When any office or place of employment is cre- ated or abolished, or the compensation attached thereto altered, the officer or board making such change shall immediately report it in writing to said board. Sec. 5] . The board shall investigate the enforcement CITY CHARTER OF 1896. xliii •of this act and of its rules, and the action of the exam- power of iners herein provided for, and the conduct and action quu-e into mat- •of the appointees in the classified service in this city, and tT ^cuss^fief may inquire as to the nature, tenure and compensation ^^'^'''"' " examination or corruptly other persons, defeat, deceive or obstruct any person in marking result •^ of examination respect to his or her right of examination, or corruptly prohibited, or falsely mark, grade, estimate or report upon the ex- amination or proper standing of any person examined hereunder, or aid in so doing, or wilfully or corruptly • make any false representation concerning the same, or concerning the person examined, or wilfully or corruptly furnish to any person any special secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed; employed or promoted. Sec. 55. No officer or employee of this city shall solicit officers and T -1 • T .1 . , . employees pro- directly or indirectly or receive or pay or be in any man- hibued tr o m T . T •.. . . . soliciting, re- ner concerned in soliciting, receiving or paying any as- ceiving or pay- . , . ,. .•■,,. n ,. . , !"& assessment sessment, subscription or contribution for any political f o r political party or purpose whatever. purposes. Sec. 56. No officer or employee of such city shall dis- Employes ex- charge or degrade or promote or in any manner change cha^rie'^f^r ^It xliv CITY CHARTER OF 1896. fusing t o con the official rank or compensation of any officer or em- tribute money . "^ or other vaiu- plovee, Or promisc or threaten to do so ; for ffivinsr or able thing to ^ .^;, , -, . , . , J ft fo political par- Withholding, or neglecting to make any contribution of money or other valuable thing for any party or political purpose, or for refusal or neglect to render any party or political service. '^ ^appointment ^^^- ^^ ' ^^ applicant for appointment in said classi- prjm'ise^^t°o ^^^ civil scrvicc, either directly or indirectly, shall pay p''o1ntm°entX ^^ promlsc to pay any money or other valuable thing to promotion, ^uy pcrsou whatcvcr, for or on account of his appoint- ment or proposed appointment, and no officer or em- ployee shall pay or promise to pay, either directly or in- directlv, any person any money or other valuable thing whatever for or on account of his promotion, "^^appolmmfnt ^^c. 58. No applicant for appointment or promotion ?e°ceive^r^e c^ "1 Said classificd civil service shall ask or receive a °io""^o"*'aV- recommendation or assistance from any officer or em- exa'lnfnatiin" Pl^yee ^^ ^^^^ scrvlcc, Or of any pcrsou, upon the con- sideration of any political service to be rendered to or for such person , or for the promotion of such person to any office or appointment. °fovIrnme*'K ^EC. 59. No pcrsoH , wMlc holding any office in the fnauo"/ "n o t ^*^"^e^^™e^^ ^^ ^^ch. Gitj, OT ill nomination for o°r p"romrs?to o^ whilc scckiug a nomination for or appoint- or influence ^^^^^^ to any such office, shall corruptly use, or sonsinsecur'P^o^i^e ^^ ^s^' either directly or indirectly, any official ©"promotion! authority or influence (whether then possessed or mere- ly anticipated) in the way of conferring upon any per- son, or in order to secure or aid any person, in securing any office or public ployment, or any nomination, con- firmation, promotion or increase of salary ; upon the consideration or condition that the vote or political in- fluence, or action of the last named person, or any other, shall be given or used in behalf of any candidate^ officer or party, or upon any other corrupt condition or consideration, prohibited Sec 60. The Comptroller shall allow no claim for from allow- • ^ i j • .i ut ing claims services of any person employed in the public service in*^ vtoiawon in violatiou of the provisions of this act. And for this of a?r''**'°" purpose the board shall certify to the Comptroller all CITY CHARTER OF 1896. xlv appointments to offices and places in the classified civil service, and all vacancies occurring therein, whether by dismissal, resignation or death, and all findings made or approved by the board under the provisions of sec- tion 49 of this act, in effect that a person shall be dis- charged from the classfied civil service. Sec. 61. Any person who shall be served with a sub- ^^g^^J^^*" ^^' poena to appear and testify, or to produce books and f""''°°gr| papers, issued by the board or by any Commissioner, or when ordered by any board or person acting under the orders of the sion^eciared board, in the course of an investigation conducted either meaner. under the provisions of section 49 or section 51 of this act, and who have refused or neglected to appear or to testify, or to produce books and papers relevant to such investi- gation, as commanded in such subpoena, shall be guilty of a misdemeanor, and shall, on conviction, be punished as provided in section 62 of this act. Every person ^^^^^^ who, having taken an oath or made affirmation before «"&. d^iared ' ° perjury. said board or a commissioner or officer appointed by the board and authorized to administer oath, shall swear or affirm wilfully, corruptly and falsely, shall be guilty of perjury, and, upon conviction, shall be punished ac- cordingly. Sec. 62. Any person who shall wilfully violate any Penalty for vio- of the provisions of section 39 to section 61, inclusive, sfons^oract! of this act, or any rule promulgated by the Board of Civil Service Commissioners, in accordance with the pro- visions thereof, shall be guilty of a misdemeanor, and shall on conviction be punished by a fine of not less than fifty dollars and not more than one thousand dol- lars, or by imprisonment in the parish prison for a term not exceeding six months. Sec. 63. If any person shall be convicted under the conviction, to next preceding section, any public office, or place of pub- vlcanV ° lie employment which such person may hold, shall, by force of such conviction, be rendered vacant, and such person shall be incapable of holding any office or place of public employment for a period of ten years from the date of such conviction. Sec. 64. Prosecutions for violations of this act shall Xlvi CITY CHARTER OF 1896. ^ District Attor- be instituted by the District Attorney for the parish of cHte.° '' Orleans at the request of the Board of Civil Service Com- missioners. Council to pro- gjjc. 65. Immediately upou this act beeominsr law it vide appro- ./ f » pria t i o n to organize this ' department, propriatc a sum of not less than three thousand dollars^ to be expended under the direction and control of said board for the purpose of properly organizing this depart- ment and in employing such experts as maybe necessary to properly classify and systematize the offices and places of employment in this city and the f ormulati on of proper rules in accordance with the provisions of this act. It Mayor to ap- shall be the duty of the Mayor, within sixty days after point com- •' J ^ J ^ mission with- this act shall become a law, to appoint such Civil Service in 60 days. '^^ Commissioners, whose term of office shall commence from the date upon which they are appointed. BOARD OF POLICE COMMISSIONERS. Board of Po- Sec. 66. The powers and duties of the Board of Police sieners. Commissioucrs shall remain as now prescribed by law, except that all appointments and promotions to positions ■^and*"promo^ in the policc forcc (except that of Superintendent) shall t!)°"be°s° bject be made in accordance with and subject to the provisions to provisions ^^ gectious 39 to 64, inclusive, and to the rules and reg- ulations prescribed by the Board of Civil Service Com- missioners ; in all other respects the authority of said Police Board shall remain unimpaired. BOARD OF FIRE COMMISSIONERS. ^cfommiisSn! Sec. 67. The powers and duties of the Board of Fire ^''^" Commissioners shall remain as now prescribed by law,. Appointments cxccpt that all appointments and promotions to positions tlonto^'nTrcein the firc force (except that of Chief Engineer) shall to JrovSns hc iu accordaucc with and subject to the provisions of "^ ^"" Sees, 39 to 64, inclusive, and to the rules and regulations prescribed by the Board of Civil Service Commissioners ; in all other respects the authority of said board shall remain undisturbed. CITY CHARTER OF 1896. xlvii VII. recorders' courts. Sec. 68. There shall be four police courts in this city, Recorders' ^ Courts, num- to be known as the First, Second. Third and Fourth ber of pro- videdand Recorders' Courts. The First Recorder's Court shall jurisdiction of Courts, have jurisdiction of that territory known as the First and Fourth Municipal Districts ; the Second Recorder's Court of the Second and Third Municipal Districts ; the Third Recorder's Court of the Sixth and Seventh Mu- nicipal Districts, and the Fourth Recorder's Court of the Fifth Municipal District. Sec. 69. The Recorders shall be elected by the Recorders, qualified electors of the city of New Orleans at the same time as the Mayor and other municipal officers ; Election and they shall be at least twenty-five years old, and shall ^^^''^*=***°°* have the same qualifications required for judges of the city courts of New Orleans, and shall be residents of the districts over which they have jurisdiction. The ^j,f|g*g^°j ^^; First and Second Recorders shall receive a salary of p'oye^s. three thousand dollars per annum, and shall be allowed each one clerk at fifteen hundred dollars a year ; two assistant clerks at one thousand dollars a year, and one testimony clerk, who shall be a competent stenographer, at twelve hundred dollars a year. Third and Fourth Recorders shall each receive a salary of two thousand dollars a year, and shall be allowed one clerk at a salary of twelve hundred dollars a year, and one testimony clerk, who shall be a competent stenographer, at one thousand dollars a year. Said clerks shall be appointed by the Recorders and removed by them at pleasure. Sec. 70. It shall be the duty of the testimony clerks Duties of tes. of such courts to take down verbatim reports of all tes- """"^ ''^''^^^' timony and examinations in all cases where the offence is cognizable in the Criminal District Court, or appeal- able to the Supreme Court, and cause same to be signed by the witness and certified by the Recorder, whose duty it shall be to forward same to the Criminal District Court. Sec. 71. The Council shall provide suitable rooms, council to ' provide suila- furniture and stationery for said courts, and the Board bie rooms, etc. Xlviii CITY CHARTER OF 1896. Board of Po- of Police Commissioiiers shall detail, subiect to such lice Commis- . to t i tt sioners to de- rulcs as it mav adopt, four policemen to the First and tail officers t o ,^ -, t^ -, , ,1 , -, . Recorder's Second Recordcrs' Courts, and two policemen to the Third and Fourth Recorders' Courts, to keep order and execute the orders and decrees of the Recorders. nSoTdTrf °^ ^^^- ^^- The Recorders shall be removed for any of the causes enumerated in Art. 196 of the Constitution, in the manner provided in Art. 201 of the Constitution. of recorS.'"" ^^^- ^^- R^cordcrs shall have the jurisdiction of com- mitting magistrates, and to enforce all valid city ordi- nances, and to try, sentence and punish all persons who violate same. The}' and their clerks shall have power to administer oaths, and the Recorders shall have power to compel witnesses to appear and testify, and to pun- ish for contempt ; provided such contempt be committed in open court and punishment thereof shall not exceed twenty-five dollars fine or twenty-four hours in jail. Fines, penal- Sec. 74. All fiucs, penalties or forfeiture imposed by les.e c. Recorders shall be collected by them, and by them paid daily to the City Treasurer ; to this end the Treasurer shall furnish to each Recorder a printed receipt book, with marginal stubs, and the Recorder shall give a re- ceipt from said book to the person paying same for every fiiiiC or penalty collected, stating therein the amount of the fine or penalty, the date, from whom collected, the name of the person fined, and for what offence, and shall make corresponding entries on the stub thereof. No person except the Recorder shall be allowed to receive payment of a fine or penalty, or give a receipt therefor ; nor shall any fine be remitted or released save in open court, and entry thereof shall be made on the minutes of the court, and due record shall be made thereof by the Recorder in his return to the Treasurer. Said re- ceipt books and stubs shall always be open for public inspection. Should any recorder fail, neglect or refuse to comply with the provisions of this section, he shall be guilty of a misdemeanor and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, and shall be liable to removal from office. CITY CHARTER OF 1896. xlix Sec. 75. The Council shall, within one week after Recorders pro its organization, elect viva voce four persons, having the same qualifications as the Recorders, to act as Recorders pro tern, in case of the sickness, inability, absence, sus- pension or removal of a Recorder, and they shall receive, while so acting, the salary payable to such Recorder, same to be deducted from the salary payable to such Recorder. VIII. — VACANCIES. Sec. 76. Whenever a vacancy shall occur by reason vacancies— 1 • . 1 /« „ how filled. of the death, resignation or otherwise in the office of Mayor. Mayor, it shall be the duty of the president of the Coun- cil to act as Mayor during the unexpired term, and, in case of the sickness, temporary absence or inability of the Mayor, the president shall act as Mayor pro tempore. Sec. 77. When a vacancy shall occur by death or comptroller otherwise in the office of Comptroller or Treasurer it shall be the duty of the Council to elect a citizen having the proper qualifications, not a member of the Council, to the position thus vacant, to hold office for the unex- pired term. Sec. 78. Whenever a vacancy shall occur in any office officers ap- by the death or otherwise of the officer appointed by the Mayor or eicct- Mayor, or elected by the Council, the Mayor shall ap- point, or the Council shall elect, as the case may be, a successor to serve the unexpired term. Sec. 79. Vacancies occurring in the office of Council- counciimen or Recorders. men or Recorder shall be filled by election viva voce by the Council of a citizen having the qualifications required for such office, and such person shall serve for the unex- pired term of office. IX. — OIPEACmiENT AND REMOVAL. Sec. 80. The Mayor, Comptroller, Treasurer, Commis- impeachment, sioner of Public Works, Commissioner of Police and Public Buildings, Recorders, City Engineer, City No- tary and City Attorney shall be removable, in addition to the causes provided for in this act, for malfeasance in office, gross neglect of duty or disability affecting 1 CITY CHARTER OF 1896. the fitness of the oc cupant to fill and discharge the du- ties of the position. pSii^order°o ^^^- ^^' "^^^^^ i^^all be among the standing commit- conduct i m - tees of the Council a committee of five members to be peachmcnt pro- ceedings, styled ''the Committee of Public Order," which commit- tee shall be charged with the duty of conducting the im- peachment of said officers of the city, and pending such impeachment and until the final disposition thereof, the party impeached shall not exercise any of the functions of his office. Court of im- Sec. 82. The Council, excepting the five members of the Committee of Public Order, shall have full power to try all impeachments, and when sitting for that pur- pose, as a court of impeachment, the members thereof shall be on oath or affirmation. The Mayor shall pre- side over said court, except when on trial, in which case the president of the Council shall preside. Order of pro- Sec. 83. Upou the preferring of articles of impeach- loun o"^i moment by the Committee of Public Order, or by any six peac men . members of the Council, or of twenty citizens, or by the Mayor, the accused shall be placed on trial within thirty days from the -'notification of said charges to the party impeached, and no person shall be convicted without a vote therefor of ten members of said Council. The Mayor shall not have the right to vote in the final judg- ment. Judgment. Sec. 84. Judgmcuts, in cases of impeachment, shall not extend further than removal from office and dis- qualification from holding any office under the City Charter; but the party convicted shall be liable to in- dictment, trial and imprisonment, according to law. Power of Sec. 85. That in addition to the power of removal by move by a two- way of impeachment the Council shall have power tore- move at any time from office any officer of the corpora- tion elected by them, by resolution declaratory of its want of confidence in said officer ; provided, that two- thirds of the members elected to said Council shall vote in favor of said resolution. CITY CHARTER OF 1896. X. — FRANCHISES. Sec. 86. Every ordinance, resolution or order grant- ing a franchise to any person or corporation, after hav- ing been introduced in, considered and passed by the Council in the manner provided for other ordinances, shall be published in full in the official journal for two weeks, and thereafter shall be transmitted to the Mayor, whose duty it shall be to cause the Comptroller, Treas- iirer, Commissioner of Public Works, Commissioner of Police and Public Buildings and City Engineer to publicly assemble in the Council chamber to consider and pass upon such ordinance, resolution or order, and they, or any four of them, may approve, amend or reject the same, but no such ordinance, resolution or order so amended shall be considered finally passed until any and all amendments shall have been concurred in by a vote of a majority of the members elected to the Council, as shown by the ayes and nays called and recorded ; or unless such amendments be withdrawn or modified, after conference, by a vote of four such officers and concurred in by a majority of the Council electe.d, as shown by the ayes and nays called and recorded. Thereafter such ordi- nances, resolutions or orders so passed shall be trans- mitted to the Mayor for his consideration, and if same meets with his approval he shall sign and publish same, and it shall have the effect of law. But if he disapprove of same he shall, wdthin five days of the time he receives same, return same to the Council and to such officers so assembled, with his objections in writing, and if two- thirds of the members elected lo the Council and four of such officers shall adhere to such ordinance, resolution or order, notwithstanding said objection, then, and not otherwise, said ordinance, resolution or order shall, after publication, have the form of law. For the purpose of considering all such matters the Mayor shall assemble said officers at sufficiently frequent stated periods, and they may grant hearings on such occasions to persons interested. In case the Mayor shall fail to return said ordinance, resolution or order within five days, or at Providing man- ner of adop- tion of ordi- nances grant- ing franchises to persons or corporations,' and further, providing for the consulta- tion by the Mayor with other execu- tive officers. lii CITY CHARTER OF 189G. the next session of the Council after five days, such failure shall operate as a veto, f i^r^Hihtinl ^^c. 87. No franchise shall hereafter be granted, re- polai^oA'ewer- ^i^wcd, extended or disposed of for lighting streets or oro^he?%''a1f ^ P^^^^^ places, or disposal of sewerage or garbage, or any coJuracts 'aT^ large and valuable franchise similarly affecting the heakh^or^com^ P^^^^^ health or comfort, or for the operation of any d^r o"sed o^ ex- ^^^^^^ ^^ ^^^^ railroad, except after three months' publi- months "VS ^^^^^^ ^^ *^^ official joumal of the terms and specifica- ation of terms tions of Said franchise, and after same has been and specinca- ' tions. adjudicated by the Comptroller as provided in Sec. beh^'roidh-rn'^ll^ of tMs act to the highest bidder; provided, that no solrfo pe'^sons street railroad or belt railroad franchise shall be sold e^^'^pwcentfge ^^^^P^ ^^ ^^^ person, corporatiou or corporations offer- i*ngf.'^°** ^"" ^^S the highest percentage of gross annual receipts to be derived from such franchise during the term thereof, and said percentage shall be estimated on the gross an- nual income derived from such franchise after deducting only all taxes paid by such person or corporation to the city and State by reason of the ownership or operation of said franchise. Officers of Sec. 88. lu ordcr to ascertain the amount due the city p°/es'enT toby such grantee or assigns, such person, or if it be a annual state corporation the president, or in his default the vice earnings of president or secretary, annually on the 1st day of company. Novcmbcr, iu cach and every year, shall make to the Comptroller statement under oath, showing the gross in- come derived from such franchise, giving in detail the items and sources thereof, and also showing the deduc- tions claimed for taxes actually assessed and paid. And the Comptroller, or clerk, or clerks, or experts designated by him shall have free access to all of the books, papers and documents of such person or corporation for the purpose of computing and verifying said statement and ascertaining the amount due the city. Penalty for Sec. 89. Auy pcrsou who shall make or cause to be ^We"^in books made, or assents to any false entry in the books of any defraud c^ty. or corporation, firm or person operating a street railroad hibu 'bloks and or belt railroad, with intent to defraud the city or de- documents to,.,,, . , n -j^lT-J. Comptroller, privc it wholly or m part of any sum justly due it, or CITY CHARTER OP 1896. liii shall refuse to exhibit books, papers and documents when called upon to do so by the Comptroller, or his ■desigi*ated clerk or clerks, or shall wilfully omit any item of income from books, shall be punished by a fine of five hundred dollars, or by imprisonment not less than one nor more than five years, or both, at the dis- cretion of the court. Sec. 90. Whoever shall falsely make oath to the Penalty for o< mukiiig false verity and correctness of any statement required by Sec. oath. 88 of this act, or shall counsel, assist or abet any person to make false oath to such statement, shall be guilty of perjury and punished as provided by law. Sec. 91. The sum due the city for its percentage of Date when •T 1 11 1 T 1 • -1 1 percentage of gross income as aforesaid, shall be due and exigible on city shaii be the first day of November of each year, and shall be secured by a first privilege upon all of the property of the aforesaid person, firm or corporation, and if not paid within ten days of that date it shall be the duty of the To he secured Comptroller to have recorded in the Mortgage Office gage prm- his certificate showing the amount thereof, and such eriy of cor- c • -1 poration or recordation shall operate as a first privilege on all the person. property used in the operation of such franchise, and comptroller to shall rank all other mortgages and privileges regardless in Mortgage of the date of their recordation, except taxes due to the city and State, and such sum shall bear interest at the lllfqifency. rate of 2 per cent, per month from November 1st until paid. And if said amount be still due and unpaid on f o r'c°o'i!lct\on! January 1st next ensuing, the Comptroller shall cause the said property to be advertised for thirty days and shall sell same to the highest bidder for cash, and should said sale not realize sufficient to pay the amount due to the city said franchise shall without further act be deemed and held forfeited to the city, which shall have the right to again dispose of same as provided in sec- tion 87, to any other person or corporation. XI. — REVENUES AND EXPENDITURES. Sec. 92. That the Council of the city of New Orleans Taxes, when shall, for the purposes ot this act, once at the firsti^vy?*^'' *''*^* regular meeting in the month of December, and not liv CITY CHARTER OF 1896. ofteuer, in each and every year, levy an annual and uni- form tax upon all property in said city, as prescribed and under the limitations imposed in this act, for the ^\*"kb1e^ *"*^ ensuing year, which said taxes shall be due and payable at the office of the Treasurer, under such regulations as the Comptroller may establish, from the first day of When deiin- Juuc to the first day of August, inclusive, at the ex- piration of said date, first day of August, said taxes shall ^"* *^* become delinquent ; there shall be and is hereby im- posed an interest penalty of 10 per cent, per annum on the amount of the tax due, which shall be collected by the city, together with and in the same manner as the coliicu to*?m- 1^^» ^^d ^t its fi^st regular meeting in December, and pose. Qjj ^Yie same day annually thereafter, shall impose an annual license tax on trades, professions and callings as herein prescribed ; said licenses to expire on the 31st When payable. (Jay of Deccmbcr, in the year in which they were ob- tained, and which license tax shall be due and payable at the office of the Treasurer, from the first day of Jan- uary to the 28th day of February, inclusive. Budget. Sec. 93. That the Council shall, once in twelve months, before fixing and deciding upon the amount of taxes and licenses to be assessed for the ensuing year, , cause to be made out a detailed estimate, exhibiting the Estimated ' ^ statement oi yarious itcms of liability and expenditures, including the receipts and ^ r o expenditures rcquisitc amouut for all expenses during said year, and lished tor ten shall causc the samc to be published for at least ten days. ' days, in the official journal of the city, and such rate of taxation as provided by law, on every hundred dollars of valuation, shall thereafter be fixed and assessed as, together with other revenues of the city, maybe neces- sary to meet said estimated liabilities and expenditures. Comptroller or The adoptiou of Said detailed estimates shall be consid- Treasurer '■ prohibited ered as the appropriation of the amount therein stated, fromwar- rr-r- 7 ranting or for the purposc therein stated, and the Comptroller paying, until ' "^ adoption of shall not audit nor shall the Treasurer draw or sign any ap propria- . t«on. checks upon the fiscal agent therefor, of any claims unless an appropriation therefor has been duly made in accordance with this act. Sec. 94. The Council, in fixing the budget of revenue CITY CHARTER OF 1896. Iv and expenses, as herein provided for, shall not consider council not to • n consider mis- and adopt as a revenue, miscellaneous or contingent re- ceiianeons or .contin gent sources, and affix thereto either arbitrary or nominal resources in budget of re- value or amount ; but whenever such resources are con- ceipts. sidered and adopted they shall be estimated on a real and substantial basis, giving the source whence to be derived, a specific sum to be received from each item thereof and no more. The Council is hereby prohibited from esti- Revenues to be "^ ^ reserved for mating for expenditures to be derived from any uncer- the public tain or indefinite source, cause or circumstance; but improve- ments, the Council shall, by proper ordinances, provide for the receipt and disbursement of any sums of money, inter- ests, rights or credits that may accrue to the corporation, by behest, grant or any cause whatever ; and all such sums, rights, interests or credits so received shall be and are hereby appropriated for the purpose of the pub- lic works and improvements, the manner and details of such appropriations to be ordered by the Council. Sec, 95. The Council shall not, under any pretext Reserve Fund, whatever appropriate any funds for the government of the corporation to the full extent of the estimated rev- enues, but shall reserve 20 per cent, of said estimated revenues, which reserve, and all sums, rights, interest ^p"iat*ions,^'°" and credits received from miscellaneous or contingent sources, shall be appropriated by the Council, for the purpose of public improvements, as herein provided for. Sec, 96. That all the real and personal property in ^'ect'lo taxa"- the city of New Orleans, whether owned by individuals """• or corporations, shall, for the purposes of this act, be liable to taxation, subject only to the exemptions in the Constitution of this State ; the terms of real estate as Real estate. used in this act shall be construed to include land and all buildings, machinery and structures of every kind, erected upon or affixed to the same, all immovable prop- erty, whether so by nature or destination ; the term per- e^y?* ^"^"^ sonal property shall be construed to include all house- hold furniture, moneys, jewelry and plated goods or wares, goods, chattels, incomes, debts from solvent debtors, whether on account, contract, note, due bill, bond mortgage, certificate sale, stock or share of stock Ivi eiTY CHARTER OF 1896, in any incorporated bank, railroad or other institutions, certificate, or any other obligations, public stock, all stocks, moneyed or otherwise, and general property which is not real and known to the law of the State as Income. movablc ; the term income shall be construed to include all moneys, salaries, wages, pay, commissions, broker- age and fees received in compensation for labor and services rendered, all revenues and dividends received upon stocks in moneyed corporations not already taxed. XII. — PUBLIC IMPROVKMENTS. Paving un- ^ec. 97. Whenever one-fourth of the owners of real ipaved streets or banquettes. property fronting on any unpaved or unbanquetted street in the city of New Orleans shall, by petition signed by the petitioner or petitioners, and addressed to the Council of said city, asking for the paving or ban- of"p°rVp^e r °y qucttiug of Said street or any portion thereof, setting p^sentld '''ind f orth thc character or quality of said pavement or of said published. banqetting, said Council shall have said petition pub- lished in English in the official journal of said city for Protests, when and duriug four weeks, once in each week, and if at the sideredT *^°° cxpiratiou of said publication so made of said petition a majority of the owners of real property fronting on said streets or said portions thereof shall not, by memorial signed by memorialist or memorialists and addressed to said Council, object to the same, said Coun- cil shall, by resolution or otherwise, order said paving or said banquetting so petitioned for. to be made, in accordance with section 116 of this act. '^ s^Jeeter""'"^ The cost of said paving shall be borne, three fourths by owner or owners of real property fronting on said pavement in case of ordinary streets and two- thirds in case of neutral ground streets in equal propor- tions according to the running foot front, and the cost of one-fourth or one-third as the case may be, of said pavement in front of private property and whole of in- tersections shall be borne by the city. The property portion to constitute a first privilege superior to vendor's ■coft^of To *b^e lien or any other privilege or mortgage. The whole «rt?owL?s.'"'' cost of banquetting to be borne by real estate fronting CITY CHARTER OF 1896. Ivil on said banquette in equal proportions. Upon the Terms, when petition of real estate owners asking that payments be for. provided for their portion. of cost in one, two and three equal installments, the Council may advertise for bids upon said terms, and contract for said paving, say one- third payable in cash and balance in one and two years, and providing that six per cent, interest be paid on such deferred payments, and that the lien on such property shall remain in force for the amount due for prmcipal and interest till final payment is made ; pro- Neutral vided, that nothing herein shall be construed as affect- ^'^°"" ^'^'^' ing act 75, approved March 30, 1876, as to the paving of neutral grounds, or streets adjacent to the levee, or other parts of said statute not inconsistent with this act. Sec. 98. Whenever one-fourth of the owners of real change o f pavements. property, fronting on any paved or banquetted streets of this city, shall by petition signed by the petitioner or what manner petitioners, and addressed to the Council of said city, considered, ask for new paving or a new banquetting of said street, or of any portion thereof, of a character different from the then existing pavement or banquettes of said street, or of -said portion thereof, and setting forth in said pe- tition the character and quality of said new pavement, or of said new banquetting, the Council shall cause .said petition to be published in the manner set forth in the above section, and if, at the expiration of said publication so made of said petition, a majority of the owners of said real property fronting on said street, or on said portion thereof, shall not by petition or other- wise signed by the petitioner or petitioners,* and ad- dressed to said Council, object to the same, said Council shall, by resolution or ortherwise, order said new pave- ment or said new banquetting so petitioned for to be made in accordance with section 116 of this act: the^ ' Cost of, to be whole cost of said new pavement or of said new ban- ^^"^^ ^y ^^e ^ property own - quettmg, so made as aforesaid, shall be borne by the ««. owner or owners of said real property fronting on said new pavement or said new banquettes, in equal propor- tions, according to the running front foot, cost of inter- sections to be paid by city. Iviii CITY CHARTER OF 1896. Opening and Sec. 99. That whenever one-fourth of the owners of straight e n i n g of streets. real property, situated in the city of New Orleans, shall by petition signed hy petitioner or petitioners and ad- dressed to the Council of said city, ask for Manner of . . '' ' procedure. the Opening or straightening of a street or streets through their property and through other property adjacent thereto, setting forth in said peti- tion the length, width and direction of said street or streets, together with the description of said adjacent real property and the names of the owners thereof, said Council shall, if it deems the same for the public benefit, cause said petition to be published as provided in 8ec. 97, and if at the expiration of said publication so made of said petition, a majority of tlie owners of said other adjacent property shall not, by petition, signed by the petitioners and addressed to said Council, object to the same, said Council shall, by resolution or otherwise,^ order said street or streets so petitioned for to be opened, widened or straightened, under and in accord- cost of. ^jj^g ^j^jj existing laws, and the whole cost of said open- ing, widening and straightening of said street or streets, so made as aforesaid, shall be borne by the owners of Petitions for the propcrtj^ benefited by the same; provided, that no sented in cer- petition for opcuing, widening or straightening streets shall be presented to the Council during the months of July, August and September. Cost of pub- Sec. 100. All cost of publication of petitions, as re- lication of pe- ' '■ titions. quired by seiitions 97, 98 and 99 of this act, shall be pr^p*ir*ty'%wn^ P^i<^ ^V ^^^ sigucrs of the same, and the majority of ers defined. owucrs "withiu meaning of sections 97, 98 and 99 of this act shall be construed to be the owner or owners of a majority of running feet of real property fronting on the street or portion of street to be paved, banquetted, or new paved or new banquetted in accordance with sections 97 and 98 of this act, and further, the majority of owners, within the meaning of section 99 of this act, shall be construed to be owner or owners of a majority in assessed value of the property to be affected by the opening, widening or straightening of a street or streets in accordance with section 99 of this act. CITY CHARTER OP 1896. llX Sec. 101. All paved or unpaved streets and un- Repairs of paved banquettes in the city of New Orleans shall be queues, kept in repair by said city, and all paved banquettes in said city shall be kept in repair by the owners of real property fronting thereon. Sec. 102. The City Council of New Orleans may, in Right of . •' '' ^ Council to pave its discretion, provide for the paving of any street, or streets, portion thereof, at the expense of the whole city, or may force, impose and collect of the front proprietors of lots fronting on said street or streets, a special as- sessment in proportion to frontage of three-quarters of the cost of said improvement in case of ordinary streets, and two-thirds the cost thereof in case of neutral ground streets, and such local assessments shall have a first privilege superior to vendor's lien and privilege and over all other privileges. The other one-fourth or one- third, as the case may be, in addition to intersections, to be paid by the city. Sec. 103. The Council may, in its discretion, provide ^Right of •^ ' ' "^ Council to pave for the paving of any banquette or sidewalk, seven- banquettes, eighths of the whole cost including intersections, to be paid for by the front proprietors in proportion to the frontage owned by such, upon completion of the paving, and the remaining one-eighth to be paid for by the city. The cost of said banquette or sidewalk shall have a first privilege, superior to vendor's lien and privilege, and over all other privileges and mortgages on the property fronting on said sidewalk. Sec. 104. A two-thirds vote of the City Council shall Two-third vote be necessary to pass any paving or banquetting ordi- necessar^Vn- nance falling within the provisions of the two preceding and fo^!*' '°* sections, and whenever the Council shall deem it neces- sary to take such action notice of said intention shall Nature of in- be published in the official journal once a week for f our puwTshed? ^^ weeks, no further notice being required; provided, a Majority of majority of the property holders, in number and meas- ers° mav de^igl urement, on the street or sidewalk, or part thereof , kfnd ''oy'pave' sought to be paved or banquetted, shall have the right Sing''wi''th"n to designate the particular kind of banquette or pave- ^'''^^ ''^^''" ment and material to be used in banquetting or paving, Ix CITY CHARTER OF 1896. by petitioning the Council therefor, within sixty days after the expiration of the four weeks' publication above provided for. Whenever the Council exercises the powers vested in it by this and the two preceding sec- tions, it shall in all cases provide that the property holders' proportion of the cost of paving shall be paid on terms not less favorable than one-third cash, and the balance in one and two years ; and the certificates issued by the City Engineer for the paving or banquet- ting shall bear six per cent, interest per annum from date until paid ; provided that the right is reserved to property owners to pay cash in full at any time. *^ adores" wrh- ^^^' ^^^- ^^^ ^^^ cascs where it is proposed to pave *^ro"°*e"t*°^^y street, whether upon the petition of the property °^^^rsj>^ ■^"^- owners ot in the discretion of the Council, it shall be pa.ve street, the duty of the Comptroller to address a written notice to all property holders upon said street, who appear to be such by the last completed assessment roll; said notice shall state that it is proposed to pave the street and to levy upon the front proprietor an assessment to pay his proper proportion of the cost thereof, and it . shall be sufficient to mail said notices addressed to the property holder, city of New Orleans, without designa- tion of street or number; this provision, however, is merely directory, and the failure to send such notice by the Comptroller shall not invalidate any paving ordi- Faiiure of uaucc, rcsolutiou or contract; but should the Comp- send notices, trollcr fail to scud any such notices he shall be deemed guilty of nonfeasance in office and liable to removal. The Comptroller shall keep in his office a proper record of the mailing of such notices. XIII. — MISCELLANEOUS PROVISIONS. Ineligibility of Sec 106. No member of the City Council shall hold Co^cT ° any other employment or office under the government of the city of New Orleans while he is a member of said Council ; and no member of the Council or any other officer or employee of the corporation shall be directly or indirectly interested in any work, business or con- tract, or the profits which might be derived therefrom CITY CHARTER OF 1896. Ixi the expense, price or consideration of which is paid from the City Treasury,. or by any assessment levied by any ordinance or resolution of the Council, nor shall be surety for any person having a contract, work or busi- ness with said city or any of its departments for the performance of which security may be required, nor' shall be surety for any officer or employee under this corporation. Sec. 107. All the officers and members of the citv Absence of 'officers and government are required and commanded to attend per- me,, bars of sonally to the duties of their office, and are prohibited mem without <» 1 •! ^ o i-«-vT/"vi permission of from absenting themselves from the city of New Orleans Council p r o - unless by due permission of the Council, previously granted, for reasonable causes stated and approved. They shall keep their office open from nine o'clock in office hours. the morning until four o'clock in the evening, and shall require their employees and clerks to be and remain there during those hours. Sec. 108. No person shall hold more than one office officers pro- of profit in any department, and no person shall hold holding more any office of profit under this city government while holding any other office of profit or trust under the United States, or State of Louisiana, except in the militia, or that of notary public. Sec. 109. No officer or employee under this govern- officers, and ment shall receive or share in any present, tee, gift or hi^i'S^Tr''o'm emolument for official services rendered, or to be ren- enu'/felsf gift dered, other than his regular salary or pay, and for vio- °>- «'^oi«'"'«'>t«- lation of this provision such officer or employee shall be. liable to removal or dismissal by the proper authorities. Sec. 110. No officer or employee shall be a member officers and of or delegate to any political committee or convention ; hibite^asm^em' any violation of this provision shall work a forfeiture of gites t°o'pS-' his office, and it shall be the duty of the proper authori- or^con"ention^s! ties to remove or dismiss him. Sec. 111. That on the first of January and July of Estimates lor each and every year each head of departments of the ^J.ppi'ie^'.^ """^ citv government shall lay before the Council an estimate of the supplies and materials (within the limitations of the appropriation made in the budget for his department) I Ixii CITY CHARTER OF 1896. Heads of De- that mav be needed in his department duriner the current partments to. .,i furnish comp- SIX months, and the City Council shall approve or troller at stated -.„...,. . *^. , . , f^,, , periods. modify, m its discretion, said estimates, and shall there- upon direct the Comptroller to advertise and adjudicate the contract to furnish said supplies and materials, or so much thereof as may be needed, to the lowest bidder, as provided in section 116 of this act. Wharves and Sec. 112. That the City Council shall have no power landings and lease or sale of to make Or rcncw, or extend any lease of the wharves or landings, or any lease or sale of city property except shS°be entered ^^^^^ ^^^ ^^^® ^^^^ thirty day s' advertisement and free into. competition and adjudication thereof by the Comptroller to the highest or lowest bidder, as the case may be, according as the specifications of said lease or sale may require. ^ coIi"ncii"pr1f- Sec. 113. That the City Council be and is hereby makYng ^coJT. P^ohitited from making any contract with reference to when' ^funds^^^' P^Y^ble out of any appropriation of the surplus Tr^eaiurv^*'^ fuud of any year, except to the extent that such surplus fund shall exist in cash in the City Treasury at the time of the making of said contract or appropriation. Contracts tor Sec. 114. All coutracts iuvolviug more than two tween $250 and huudrcd and fifty and less than five hundred dollars in Hovv executed ^^o^^it shall bc in Writing, signed and executed in the name of the city by the head of the appropriate depart- ment and approved in writing by the Mayor and a majority of the executive officers before same shall be binding upon the city. Sealed pro- ^EC. 115. In all cascs in which sealed proposals are Klr'to^caT provided for in this act it shall be the duty of the fully guard. Comptroller to carefully guard the same, and it is Penalty f o r hereby made a misdemeanor, punishable by fine of not w?th! '^ ^ "^ ' " ^ less than two hundred and fifty dollars, or imprison- ment of not less than three months, or both, for any person to break or tamper with the seals of said sealed proposals, or open the same except in the manner and at the time provided by law. Contracts in Sec. 116. All coutracts for public works, or for ma- excess of $500 — *■ How sameterials and supplies, ordered by the Council, exceeding shall be award- r r > ^ <=> ed. five hundred dollars in amount, shall be offered by the GITY CHARTER OF 1896. Ixiii Comptroller by public auction, after ten days' advertise- ment, and ^iven to the lowest bidder, who can furnish security satisfactory to the Council; or same shall, at the discretion of the Council, be advertised for proposals to be delivered to the Comptroller in writing, sealed, and to be opened by the Comptroller in the presence of the Finance Committee of said Council, and given to the person making the lowest proposal therefor, who <3an furnish security satisfactory to the Council, pro- vided, that the Council shall have the right in either annum from maturity till paid. What will Sec. 5. Be it further enacted, etc.. That a notice duly aVafid'noti^ce served upon the owner, his or her agent, shall constitute Lgent^ " ^ ' ""^ a legal and valid notice under this act. The party or c TeT agamsi partics Collecting the rent shall come under the term non^residents^"^ agcut ; that iu casc of au absentee, or non-resident not represented by an agent, a printed notice, pasted or nailed upon the premises in the presence of two witnesses, shall CITY CHARTER. 41 be and is hereby declared a valid and le^al notice nnder this act. Sec. 6. Be it furtJier enacted, etc., That all laws or parts of laws inconsistent herewith, or in conflict with its provisions, are hereby repealed. H. W. Ogden, Speaker of the House of Representatives. Clay Knoblock, Lieutei^ant Governor and President of Senate. Approved July 8, 1886 : S. D, McEnery, Governor State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. [No. 87 of 1884.] AN ACT To amend and re-enact Section 25 of Act No. 20, approved June 23, 1882. entitled '*An act to incorporate the city of New Orleans, providing for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions." Due public notice having been given according to requirements of Article 48 of the Consti- tution. Sb^ction 1. />V it eiKicted by the General Assembly o/ Amendment of th<' State of Louisiana, That Section 25 of Act No. 20, Na'2ooA8S2.'^ approved June 23, 1882, entitled "An Act to incor- porate the (uty of New Orleans, provide for the govern- ment and administration of the affairs thereof, and to repeal acts inconsistent and in conflict with its pro- visions," be amended and re-enacted so as to read as follows : The Commissioner of Police aud Public Buildings shall, commission- so far as the Council may have authority, have in charge a^„°^p*'u°bHc the House of Refuge and Correction, pounds and ceme- h^vi'ln^charge teries, and lighting of the city, and shall be vested }|;|i'°^„^^°^eor with and perform such other functions and duties as ^''f J, ^"d's * may be prescribed by the Council ; provided, that no au- thority or duty herein conferred or imposed upon said department, or upon the Council, shall conflict or im- h pounds and cemeteries. 42 CITY CHARTER. Proviso. pair any of the powers, duties and rights conferred by this act upon the Mayor ; he shall have general super- intendence of the schoolhouses, markets, slaughter houses, prison and police stations and jails, workhouse, asylums, hospitals, and all courts and public buildings, except the City Hall, which shall be under control of the Mayor, and the several executive officers ; he shall be vested with and perform such other functions and duties as may be prescribed by the Coui^cil ; he shall re- port to the Mayor monthly the full details and work- ings of his department; he shall receive an annual salary of three thousand five-hundred dollars ; he shall, an^"s*a1arv'°"^ ^^^*^^'^ entering upon the duties of his office, in addition to the oath required, give bond in the sum of twenty- five thousand dollars, with good and solvent securities, resident within the jurisdiction of the courts of the parish of Orleans, as shall be approved of by the Coun- cil, conditioned for the faithful discharge of his duties. Sec. 2. Be it further enacted, etc., That all laws in conflict with this act be and the same are hereby re- pealed. H. W. Ogden, Speaker of the House of Representatives. Clay Knobloch, Lieutenant Governor and President of the Senate. Approved, 10th, July, 1884. S. D. McEnery, Governor of the State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. [No. 113 of 1886.] AN ACT To amend an act entitled "An act to incorporate the city of Xew Orleans, provide for the government and administra- tion of the affairs thereof and to repeal all acts inconsistent and in conflict with its provisions,*' approved .June 23, 1882, and to provide for paving and banquetting streets in the city of New Orleans. Public notice having been given in accord- ance with the requirements of Art. 48 of the Constitution. CITY CHARTER. 43 Section 1. Be it enacted by the General Assembly of proceedings the State of Louisiana , That Section 32 of Act No. 20, p^av^ing^^and approved June 23, 1882, entitled ''An act to incorporate street"^ \n ' thi the city of New Orleans, provide for the government orieL" ^"^ and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions," be amended and re-enacted so as to read as follows : Whenever one-fourth of the owners of real property fronting on any unpaved or unbanquetted street in the city of New Orleans shall, by petition signed by petitioner or petitioners and addressed to the Council of said city, asking for the paving or banquetting of said street or any portion thereof, setting forth the character or quality of said pavement or of said banquetting, said Council shall have said petition published in English in the official journal of said city for and during four weeks, once in each week, and if at the expiration of said publication so made of said petition a majority of the owners of real property fronting on said street or said portion thereof, shall not by memorial, signed by memorialist or memorialists and addressed to said Council, object to the same, said Council shall, by resolution or other- wise, order said paving or said banquetting, so peti- tioned for, to be made in accordance with section 21 of this act ; the cost of said paving shall be borne three- fourths by owner or owners of real property and front- ing on said pavement, lU equal proportions, according to the running foot front, and the cost of one-fourth of said pavement in front of private property and whole of intersections shall be borne by the city. The property portion to constitute a first privilege superior to vendor's lien or any other privilege or mortgage. The whole cost of banquetting to be borne by real estate fronting on said banquette in equal portions. Upon the petition of real estate owners asking that payments be provided for their portion of cost in one, two and three equal instal- ments, the Council may advertise for bids upon said terms and contract for said paving ; say one-third pay- able in cash and balance in one and two years, and pro- 44 CITY CHARTER . vided that 6 per cent, interest be paid on such deferred payments, and that the lien on such property shall re- main in force for the amount due for principal and in- terest till final payment is made, providing that nothing herein shall be construed as atfecti^ig Act 73, approved March 30, 1876, as to the paving of neutral grounds or streets adjacent to the levee, or other parts of said statute not inconsistent with this act. ■ H. W. Ogden, Speaker of the House of Representatives. Clay Knobloch, Lieutenant Governor and President of the Senate. Approved July 8, 1886. S. D. McEnery, (jrovernor of the State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. [No. 119 of 1886.] AX ACT To amend an act entitled -'An act to incorporate the city of- New Orleans, provide for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions," approved June 23, 1882, and to provide for paving and banquetting the streets of the city of New Orleans. Public notice having been given in accord- ance with the requirements of Article 48 of the Constitution. Powers and SECTION 1. Beit euacted by the General Assembly of c'uy c oancn the State of Louisiana, That Section 37 of Act No. b"anquer?in"«20, approvcd Junc 23, 1882, entitled ^'An act to incor- portion th^eo7! porate the city of New Orleans, provide for the govern- ment and administration of the aifairs thereof and to repeal all acts inconsistent and in conflict with its pro- visions," be amended and re-enacted as to read as follows : Proviso ^^^ ^^^y Council may, in its discretion, provide for the paving or banquetting of any street or portion thereof at the expense of the whole city, and may thereupon force, impose and collect on paving of the front proprietors of lots fronting on said streets a CITY CHARTER. 45 special assessment, in proportion to frontage of three- quarters of the cost of said improvements, and such local asses^*ment shall have a first privilege, superior to ven- dor's privilege and all other privileges and mortgages. The other one-fourth, in addition to intersections, to be paid by the city, on banquetting, the whole cost to be collected from front proprietor ; provided, that a two- thirds vote of the members of the Council is secured for said banquetting or paving, and whenever the Council shall deem it necessary to take such action notice of said intention shall be published in the ojBicial journal, once a week for four weeks, and such improvements shall be subject to the conditions already prescribed for improvements or repairs to be made, on compliance with the petition of property holders, and payment thereof shall be assumed and collected in like manner. H. W. Ogden, Speaker of the Rouse of Representatives. Clay Knobloch, Lieutenant Uovernor and President of the Senate. Approved Julv H, 18SG. S. D. McEnery, Covernor of the State of Louisiana. A true copy from the original : Oscar Arroyo. Secretary of Si;iit\ [No. U2 of 1894.] AN ACT To amend an act entiled -'An act to incorporate the city of New Orleans, provide for the government and administration of the affairs thereof; and to repeal all acts inconsistent , and in contiict with its provisions," approved June 23, 1880. and to provide for paving and banquetting streets in the city of New Orleans. Being Act 119 of the Acts of the Gen- eral Assembly, session 1886. relative to paving and ban- quetting streets and sidewalks in the city of New Orleans." Public notice having been given in accordance with the re- (luirements of Article 48 of the Constitution. Section 1 . Be if enaeted ht/ the Qpneral Assemhh/ of the to*^pVovS Council for Siat< of LoHisiana, That Act 110, a])proved July 8,1886. ^'^f'strJ'ete.^'"^"* 46 CITY CHARTER. entitled '' An act to amend an act, be amended and re- enacted so as to read as follows : The City Council of New Orleans may, in its discretion, provide for the paving of any street, or portion thereof, at the expense of the whole city, and may thereupon force, impose and col- lect of the front proprietors of lots fronting on said street or streets, a special assessment in proportion to frontage of three-quarters of the cost of said improve- ment, and such local assessment shall ''have a first privilege, superior to a vendor's lien and privilege, and over all other privileges." The other one-fourth, in ad- dition to intersections, are to be paid for by the city. Manner of Sec. 2. Be it further enacted, etc., That the Council paving the , "" «ame. may, m its discretion, provide for the paving of any banquette or sidewalk, the whole cost of which, as well as the intersections, to be paid for by the front proprie- tors in proportions to the frontage owned by such, upon completion of the paving. The cost of said banquette or sidewalk shall have a first privilege, superior to vendor's lien and privilege, and over all privileges and mortgages on the property front- ing on said sidewalk. Two-thirds ^EC. 3. Be it further enacted, etc., That two-thirds -rote necessary. ^^^^ ^j ^j^^ Q j^y Couucil shall bc ucccssary to pass any paving or banquetting ordinance ; and whenever the Council shall deem it necessary to take such action notice of said intention shall be published in the offi- cial journal once a week for four weeks, no further no- tice being required. Proviso Provided, a majority of the property holders in number and measurement on the street or sidewalk, or part thereof sought to be paved or banquetted, shall have the right to designate the kind of gravel, stone, brick or Schillinger to be used, by petitioning the Council therefor within ninety days after such publica- tion by the Council, giving notice by publication in the official journal to pave or banquette said street or side- walk. Sec. 4. Be it further enacted, etc., That the certi- ficates issued by the City Engineer for paving or CITY CHARTER. 47 banquetting shall bear six per cent, interest per an- num from date until paid. Sec. 5. Be it further enacted, etc., That this act shall take effect from and after its passage. G. W. Bolton, Speaker of the House of Representatives. H. R. LoTT, President Pro Tempore of the Senate. Approved July 12, 1894. Murphy J. Foster, Governor of the State of Louisiana. A true copy : Geo. Spencer, Assistant Secretary of State. [No. 77 of 1884.] AN ACT To provide for a Recorder's Court in the Seventh Municipal District of the city of New Orleans, and for the appointment of a Recorder for said court, until the next general election, and for the re-enactment of Sections forty-tive, forty-six and forty-seven of Act No. 20 of the Session of the Legislature of 1882, entitled '• An act to incorporate the city of New Orleans, provide for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in confliet with its provisions." Beit further enacted hy the General Assembly of the State of Louisiana, public notice thereof havimi been given: Section 1. That sections forty-five (45), forty-six Amendment (46), forty-seven (47) of Act No. 20 of the session of 46,47rActVo! the Legislature of 1882, entitled '^ An act to incorporate faUon to Tiec" the city of New Orleans, provide for the government fications oMhe and administration of the affairs thereof, and to repeal kndwn i^° Re-' all acts inconsistent and in conflict with its provis- fn Vrcity"'of ions," which reads as follows, viz. : Sec. 45. There shall be four (4) Police Courts in the City of New Orleans to be known as the First, Second, Third and Fourth Recorders' Courts. Sec. 46. The First Recorder's Court shall have juris- diction in the territory known as the First and Fourth Municipal Districts of the City. The Second Recorder's 48 CITY CHARTER. Court shall have jurisdiction in the territory known as the Second and Third Municipal Districts. The Third Recorder's Court shall have jurisdiction in the territory known as the Sixth and Seventh Municipal Districts, and the Fourth Recorder's Court shall have jurisdiction in the territory known as the Fifth Municipal Dis- trict. Sec. 47. They shall be elected by the qualified elec- tors of the city at the same time that all officers pro- vided for by this act shall be elected. They shall be at least twenty-five years of age. They shall be residents of the districts over which they shall have jurisdiction and reside at least one year previous to their nomination. The Recorders of the First and Second Recorders' Court shall each receive a salary of two thousand five hun- dred dollars a year and shall be allowed each one clerk at a salary of fifteen hundred dollars a year and two assistant clerks at a salary of one thousand dollars a year, and a competent clerk to be called the testimony clerk at a salary of twelve hundred dollars a year. It shall be the duty of the testimony clerk to take down verbatum reports of all testimony and examination in all cases where the offense charged is cognizable in the Criminal District Court of New Orleans, which testimony shall be signed by the witnesses and certified to by the Recorder, who shall forward the same to the Criminal Court. The Recorder of the Third and Fourth Recorders' Courts shall have each a salary of fifteen hundred dol- lars a year and shall each be allowed a clerk at a salary of one thousand dollars a year and an assistant clerk at a salary of six hundred dollars a year. The said clerks shall be appointed by the Recorders and removed by them. The Council shall provide suitable rooms and stationery for said Recorders' Courts, and the Mayor, upon the recommendation of said Recorders respectively, shall detail four 'policemen for each of the First and Second Recorders' Courts, and two policemen for the Third and Fourth Recorders' Courts, to keep order and execute the orders and decrees of the Recorders, be aiiHMi(l<'(l and rc-eiiactcd so ms to read as follows, viz: CITY C'HAR'J'EK. 49 Syc. 45. There shall be five I'olicc Courts in the eity Five Recor- of New Orleans, to be know as the First. Second, Third, tabiished in the Fourth and Fifth Recorders' Courts. Orleans- Sko. 4(5. The F^irst Recorder's ('(uirt shall liave juris- diction in the tei'i-itory known as tlie F'irst and Fourth Municipal Districts of the city, the Second Recorder's Court shall have jurisdiction in the territory known as the Se<^ond and Third Municipal Districts. The Third Recorder's Court shall have jurisdiction in the territory known as the Sixth Municipal District, and the Fifth Recorders's Court shall have jurisdiction in the territory known as the Seventh Municipal District. Sec. 47. Tliov shall be elected by the qualified elec- .Modeofeiec- •' ^ tion of Record- tors of tlic cii\ ;tt the same time that all officers provid- ^r^. their juHs- ^ diction, their ed tor by this act shall be elected ; they shall be at least salaries, cierks ■^ "^ ■ _ to be allowed 25 years of ae'e ; they shall be residents of the districts 'o 'hem, their •^ te > J salaries; duty over which thev shall have jurisdiction, and reside for at ot the testimo- " nv clerk; mode least one year previous to their nomination. The Re- ot appointment -^ ^ of clerks to Re- corders of the First and Second Recorders' Courts shall corders; city Counbil to pro each receive a salarv of two thousand five hundred vide rooms lor holding Recor- dollais a vear. and shall be allowed each one clerk at a ders' courts, and stationery salary ot htteeii hundred dollars a year, and two assis-fon.se of Re- tant clerks at a salary of one thousand dollars a year, and a competent clerk to be called a testimony clerk at a salary of twelve hundred dollars a year. It shall be the" duty of 'the testimony clerk to take down verbatim re- ports of all testimony and examination in all cases when the offence charged is cognizal)le in the Criminal District dourt of New Orleans, which testimony shall be signed by the witness and certified to by the Recorder, who shall forward the saiiH" to the Criminal Court. The Recorders of tlie Third and Fonrtli Recorders' Courts shall have each a salary of two thousand dollars a year, and shall each be allowed a clerk at a salary of twelve hundred dollars a year, and an assistant clerk at a salary of one thousand dollars a year. The Recorder of the Fifth Re- corder's Court shall have a salary of fifteen hundred dol- lars a year, and shall be allowed a clerk at a salary of one thousand dollars a year; the said clerks shall be ap- pointed by the Recorders and removed by them. The 50 CITY CHARTER. Council shall provide suitable rooms and stationery for said Recorders' Courts, and the Mayor, upon the recommendation of said Recorders respectively, shall detail four policemen for each of the First and Second Recorders' Courts, and two policemen for the Third, Fourth and Fifth Recorders' Courts, to keep order and execute the orders and decrees of the Recorders. poS%n^*o£ ^EC- 2. Be it further enacted, etc., That until the next cord^'^'uin^fl general election the Governor shall appoint, by and with ^on**^ R e c oV- ^^^ advicc aud consent of the Senate, a suitable person to ders' now \n\^Q thg Recordcr of the Fifth Recorder's Court. The office to hold next election''^ Rccordcrs uow iu officc uudcr the present law not to be disturbed in their present tenure of office by the term& of this act. H. W. Ogden, Speaker of the House of Representatives. Clay Knobloch, Lieutenant Governor and President of the Senate. Approved July 10, 1884. S. D. McEnery, Governor of the State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. [No. 90 of 1884. J AN ACT To amend and re-enact Section 47 of Act Xo. 20 of 1882, entitled ••An act to incorporate the city of New Orleans, provide for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its pro- visions." Whereas, due notice of the intention to apply for the passage of this act having been given, by publication in the manner prescribed and in accordance with Article No. 48 of the Constitution of 1879; therefore, Section 1. Be it enacted hy the General Assembly of the State of Louisiana, That Section No. 47 of Act No. 20 of 1882 be amended and re-enacted to read as fol- lows: CITY CHARTER. 51 Sec. 47. The Recorders shall be elected by the qual- Recorders in ified electors of the city ; they shall be at least twenty- ori e a n s, by five years of age. They shall be residents of the dis- their age, quai- tricts over which they have jurisdiction, and must have dence 'Recor- resided therein for at least one year previous to their First and sec- election. The Recorders of the First and Second Re- their salaries] corders' Courts shall each receive a salary of two thou- and^Vo u r t^^h sand five hundred dollars a year, and the Recorders of saiadesV their the Third and Fourth Recorders' Courts shall each re- salaries' ; duty ceive a salary of two thousand dollars a year. The Re- mony^cierk^ corders of the First and Second Recorders' Courts shall be allowed each one clerk, at a salary of fifteen hundred dollars a year, and two assistant clerks at a salary of one thousand dollars a year, and a competent clerk to be called the testimony clerk, at a salary of twelve hun- dred dollars a year. It shall be the duty of the testi- mony clerk, who shall be a stenographer, to take down verbatim reports of all testimonies and examinations in all cases when the offence charged is cognizable by the Criminal District Court of New Orleans, which testi- mony shall be signed by the witness or witnesses, and certified to by the Recorder, who shall forward the same to the Criminal Court, where it shall be used as authen- tic in case of death or absence of the witness or wit- nesses. Also, one porter for each court at a salary of fifty dollars per month. The Recorders of the Third and Fourth Recorders' city council Courts shall each be allowed a clerk at a salary of twelve Ibre^To^o^ml' hundred dollars a year, and an assistant clerk at a sal- for Recorae^^s^ ary of one thousand dollars a year. The said clerks be°r"'^J{' pS^ shall be appointed and removed at the will of the Re- S^^orthe corders. TheCouncil shall provide suitable rooms and ^''''' '"'"'■'^' stationery for said Recorders' Courts, and the Mayor, upon the recommendation of said Recorders, respect- ively, shall detail four policemen each for the First and Second Recorders' Courts, three policemen for the Third Recorder's Court, and two policemen for the Fourth Re- corder's Court, to keep or execute the orders and de- crees of said courts, and the said detailed policemen shall be under the sole control and orders of the Re- corders, respectively. Relati CITY CHARTER. Sij . •_'. /.'' il liirtln rn, shall bcaUowcd eacli one clerk, at a sahiry of tifteeu liundrcd (h)llars a year, ai.id two assistant clerks at a salaiy of one thou- sand dollars a year, and a competent clerk to he called a testimony clerk, at a salary of twelve hundred dollars a year. The Recorder of the Fourth Recorder's CVuirt shall be allowed a testimony (derk at a salary of one thousand dollars a ycai-. it shall he the duty of tlie r('sriin<.ny chM-k. who shal be a stenoo-raphcr. to take alar>- of fifty doliai-s per month. The lu^corders of the Third and F(mii11i h'ecoideis" Courts shall each be allowed a (derk at a salary of twelve hundred dollars a year, and an assistant (derk at a salary of one thousand dollars a year. The said clerks shall be ai»pointed and rejnoved at the will of the Recorders. The Council shall pi'oxide suitable rooms and station- ery for said Recordei-" ('(rnrts, and the Mayor, upon the recommendation of said Recorders, respectively, shall detail four policemen each for the First and Second Re- corders' Courts, three poli(?emeu for the Third Recorders' Court, and two policemen for tht^ Fourth Recorders' Court ; to keep or execute the orders and decrees of said courts, and the said detailed pcdicemen shall be undei' the sole control and ovdei-s of the Ivecoi'ders. respec- tively. Skc. -J. />V // iHrtlnr >inirfr,/. ,/r.. That all laws iiicon- Hict, inconsistent or <'oiitrary to this act Iteand the same are hereby repealed. l)ut\ U-sti Cou i: providt uonerv 54 CITY CHARTER. Sec. 3. Be it further enacted, etc., That this act shall take effect from and after its passage. G. W. Bolton, Speaker of the House of Representatives. H. R. LOTT, ^ President Pro Tempore of the Senate. Approved July 12, 1894. Murphy J. Foster, Governor of the State of Louisiana. A true copy : T. S. Adams, Secretary of State. [No. 36 of 1892.] AX ACT To amend and re-enact Section 51 of Act No. 20, Session of 1882, entitled ''An act to incorporate the city of New Orleans,'' etc., to provide for five Recorders pro tem. instead of four, as now existing. Election of SECTION 1. Be it enacted by the General Assembly of the *ro tem*^°thl^r ^^^^^ ^f Louisiana, public notice thereof having been salary. givcu, as required by the Constitution of this State. That Section 51 of Act No. 20 of the Session of 1882 be so amended and re-enacted as to read as follows, to- wit : The Council shall, within one week after its organiza- tion, elect ''viva voce" five persons who alone shall act as Recorders pro tem. in case of sickness, absence or sus- pension of any one or more of the Recorders, and they shall receive while so acting the salary payable to the said Recorders, to be deducted from the salary payable to the same. City Council Sec 2. Be it further enacted, etc., That upon the pro- recorder p r o mulgation of this act it should be the duty of the City tem. from the *= . , , r^ -, Fifth Muni- Council to elcct a suitable person as a Recorder pro tem. to complete the in ordcr to complete said number, whose term of office term of office, shall cxpirc with those elected 26th of April, 1892. The CITY CHARTER. 55 person so chosen shall be a resident of the Fifth Muni- cipal District of said city of New Orleans. G. W. Bolton, Speaker of the House of Representatives. Charles Parlance, Lieutenant Governor and President of the Senate. Approved July 1, 1892. Murphy J. Foster, Governor of Louisiana. A true copy : T. S. Adams, Secretary of State. [No. 154 of 1894.] AN ACT To provide for a Recorder's Court in the Third Municipal Dis- trict of the city of New Orleans, and for the appointment of a Recorder for said court until the next general election, and to amend and re-enact Sections 45. 46 and 47 of Act No. 20 of 1882. entitled -'An act to incorporate the city of New Orleans, provide for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions." Section 1. Be it enacted htj the General Assembly of the State of Louisiana (public notice thereof having been given in accordance with Article 48 of the Constitution) : That Sections (45) forty-five, (46) forty-six and (47) forty-seven of Act No. 20 of 1882, entitled *'An act to incorporate the city of New Orleans, provide for the government and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions," be amended and re-enacted so as to read as follows, viz. : Sec. 45. There shall be six Police Courts in the city •of New Orleans, to be known as the First, Second, six p.oHcI ' ' courts in New Third, Fourth, Fifth and Sixth Recorders' Courts. oneans. Sec. 46. The First Recorder's Court shall have juris- jurisdiction of diction in the territory known as the First and Fourth ^^""^'^ Municipal Districts of the city. The Second Recorder's Court shall have jurisdiction in the territory known as the Second Municipal District. The Third Recorder's Constituting 56 CITY CHARTER. Court .shall have jurisdiction in the territory known as the Sixth Municipal District. The Fourth Recorder's Court shall have jurisdiction in the territory known as the. Fifth Municipal District. The Fifth Recorder's Court shall have juris(li(;tion in the territory known as the Seventh Municipal District, and the Sixth Recordei-'s Court shall have jurisdiction in the territory lV If nirfhrr > inirf,,/. rlr., That until the ^^("^^^^Ij^lJ^rTecor. g-eiieral election, tlic ( iovmiof shall ap])oint, by and5^*^;o^^';«,Sixth with advice and consent ol" the Senate a suitable person Court, to be Recorder of the Sixth Recorder's Court. The Re- corders now in office under the present law not to be disturbed in their present tenure of office by the terms of this act. (t. W. Bolton, Speaker of the House of Representatives, H. R, LoTT, President pro tern, of the Senate, Approved July 12, 1894. Murphy J, Foster, Governor of the State of Louisiana. A true copy : Geo, Spencer, Assistant Secretary of State, I \(.. 102 of ISS4.J AX ACT 'Vi> ainiMid anrl rc-onacl SHciieii (>;{ ol an act entitled "• An act to iiu-(ii-porale the cit}' of New Orleans, provide for the govern- ment and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions,'' ap- proved June 23, 1882, Due public notice having been given 1 . ^- 1 JO J! x^i_ /-I i.-^ ^- Annnal tax under Article 48 of the Constitution, upon all im- Be it enacted hi/ the General Assembly of the State o/ my tn uii'c'ity Louisiana. That Sectibn G3 of an act entitled ''An actTeanlTo be to incorporate the (^ity of New Orleans, provide for the ciu^ Counciit o-(»\'ei-iinieiit iind administration of the affairs thereof , sh,aVi' be' due and lo I'epeal all acts inconsistenl ami in conflict with Ibie, and'wfien its j)rovisions," approved June 23, \'6^2^ be amended becomrVei'hi- and re-enacted so as to read : " That the Council of the ues" for'*^sirch city of New Orleans shall, for the purposes of this act, annuai'^ucenL' once at the first regular meeting in the mouth of De- [„ \'aid"^dty'; cemlMT. and not oftener, in each and every year, levy e^xigHjie"" ''"'^ 58 CITY CHARTER. an annual and uniform tax upon all immovable prop- erty in said city as prescribed and under the limitations imposed in this act, for the ensuing year, which said taxes shall be due and payable at the office of the Treas- urer, under such regulations as the Comptroller may establish, from the first day of March to the 30th day of April, inclusive. That the Council, at a regular meeting in October of each and every year, shall levy a uniform and equal tax on all movable property, which tax shall be due and collectible from the first day of November following, to December 31 in the year in which assessed at the expiration of said dates 30th day of April and December 31 inclusive, said taxes shall become delinquent ; there shall be and is hereby im- posed, an interest penalty of ten per cent, per annum on the amount of the tax due, which shall be collected by the city, together with and in the same manner as the tax ; and at its first regular meeting in December, and on the same day annually thereafter, shall impose an annual license tax on trades, professions and call- ings, as herein prescribed ; said licenses to expire on the 31st day of December in the year in which they were obtained, and which license tax shall be due and payable at the office of the Treasurer, from the first day of January to the 28th day of February, inclusive. Be it enacted, That all laws and parts of laws in con- flict with this act be and the same are hereby repealed. H. W. Ogden, Speaker of the House of Representatives. Clay Knobloch, Lieutenant Governor and President of the Senate Approved July 10, 1884. S. D. McEnery, Governor of the State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. CITY CHARTER. 59 [No. 88 of 1884.] AN ACT To amend and re- enact Section 66 of an act entitled ''An act to in- corporate the city of New Orleans, provide for the govern- ment and administration of the affairs thereof, and to repeal all acts inconsistent and in conflict with its provisions," ap- proved June 23, 1883. Due public notice having been given under Article 48 of the Constitution. Be it enacted hij the General Assembly of the State of Limit of Louisiana, That Section 66 of an act entitled "An act making^ Ippro" to incorporate the city of New Orleans, provide for the |overnment °of 'government and administration of the affairs thereof '"*^" and to repeal all acts inconsistent and in conflict with its provisions," approved June 23, 1882, be amended so as to read: "The Council shall not, under any pretext whatever, appropriate any funds for the government of the corporation to the full extent of the estimated revenues, but shall reserve ten per cent, of said estima- ted revenues, which reserve, and all sums, rights, inter- ests and credits received from miscellaneous or contin- in favor of gent sources, shall be appropriated by the Council hc improve- for the purposes of public improvements as herein pro- '"^" ' vided for." H. W. Ogden, Speaker of the House of Representatives. Clay Knobloch, Lieutenant Governor and President of the Senate. Approved 10th July, 1884. S. D. McEnery, Governor of the State of Louisiana. A true copy from the original : Oscar Arroyo, Secretary of State. {No. 109 of 1886.] AN ACT To amend an act entitled " An act to incorporate the cit y of New Orleans, provide for the government and administra- tion of the affairs thereof, and to repeal all acts inconsist- ent and in conflict with its ijrovisions," approved June 23,1882; and to provide for limit of appropriations in the city of New Orleans, and to repeal an act approved May 60 ( rrv chartp:k. 10. is;s4. cnlith'd. cic. public ndtice Imving been given in accordance wirli I lie leiiuireuients of Article 48 of the Con- stitution. r„ it nnirlnl /,,/ iJie OnuntI Assnuhh/ of (]„■ Statv of p roll i^Tt'ed/^'^''''^-''''''', That Section (i(i of A.-t No. 20. approved a'tTntP'^'aTv-Tiine 'l'M\\, 18SL'. entitled •• An a.-t to incorporate the Lo"trnient*o1<'ity of Xew Orlcaus, provide for the government and fuu'^extent* o'f^<^"iii»i'^^i"^^i<>i' ^f the affairs thereof, and to repeal all an'd'^^sha'i/'re^ ^<*t!^ i"<'onsistent and in conflict with its provisions," cent of" safd^^t^ '^'"t>iidt' sliall be approiiriated l)y the Council for the purpose of pet-nianent public iinpi-ovement, as herein provided for. A ltd he if flirt Ik r fiiacffil hij the General Asseniblj/ of tli^ \ctTo.'"88 of **^'/''''' "'' f^"">-^><'i'"- That Act No. 88, approved July 10th. i*^^- 1884, eiitith'd. •■An act to amend and re-ena<'t an act," be and the same is hereby repealed. H. W. Ogden, .Speaker of the House of Representatives. Clay Knobloch, Lieutenant (lovernor and President of the Senate. Approved -Inly S. 1886. S. D. McEnery, (lovernoi- of the State of Louisiana. A true copy from the original : ( )S(.\K' AlJU'OVO. Seci-etarv of State. [No. 81 of 1882.] AN ACT Entitled an act to authorize the cit>- of New Orleans, in the sale or lease of franchise or right of way for street railroads, or other jirivileges, to apply the price paid for the same in the performance of works of public improvements of a perma- nent character, such as pavingstreets, embellishing parks, etc.. the citv ot New in con- (TTV ClIAIM-flH. 61 Whereas, notice, as re(iuired by Article 48 of the Constitu- tion, has been given of the intention to apply for the passage of this act: thoreforc. SkctIoN 1. //' if niarf,,/ h;/ th, (Innnil Assniihl;/ of ijn S/dfr of Loidsidii'i. Tliat liei-eafter, whenever the city of ,r,Jd^^%y^^'''" New Oileaiis, through lier proper authorities, shall con- oHeanl ti'jict witli private corporations, or individuals, for the pXate^cor^or'^ s;ih^ or lease of public privileges or francliises, such as ^fj^'^ig "Jo'Alie the right of way for street railroads. <»r fof other ]niblic;^iV[>pHvf undertakings, within her legal power and control, the J-I^^se^ ^o %*ip- price paid for the sale or lease of public privileges or pj.?.^ pa'ld '/or franchises, shall be applied by said city in the perform- ^'^[^.^ '|^|^, ^l ance of WTjrks of public inipi'o\itatives. (ii:<». L. Walton, President pro tem. of the Senate. Aj.i^ioved .lulv o. 1882. S. D. McExEiiY (r(i\-erii(ir of the State of Louisiana. lie copy : Wili/a. S'rKOX( Seen ■t.-lfv of [Xu. 135 of ISSS.] AX ACT Further defining the powers and duties of the Council and offi- cers of the city of Xevv Orleans, and imposing additional limitation thereon. Whereas.' due and timely notice of the intention to apply for the passage of this act has been given, and evidence of the publication of said notice exhibited to the General Assembly, as required by Article 48 of the Constitu- tion. Section 1. Be itemictt^d hij tlir (iiioral Assemhhj of the 62 CITY CHARTER. or^urch°aseTy '^^^^^ of Loutsiana, That neither the Council of the city cu^of 'New°or- ^^ Ncw OrlcRns nor any committee thereof, nor any of [^e^*^^g ''»^^'^?> the officers of said city, shall have power to bind the fzed '^ ^"\''h'e^^^y by any contract for any public work, or for the Council, an d purchasc of any materials or supplies for any of the de- previoasly let^ ' t-f j to t^he ^owest partments of the city government, unless there shall tionai provis- havc bccu prcviously passed a resolution authorizing the said contract of the said purchase, and unless the said contract for public work, or for the furnishing of said materials and supplies, shall have been let by the Comp- troller to the lowest bidder, as provided in Section 21 of the City Charter ; provided, however, that in cases of emergency the officers of the various departments may make bills for supplies of materials not exceeding fifty dollars ; but in all such cases immediate report in writing of the making of such bill shall be made by the head of the department to the Mayor, setting forth the reason of his action, which report shall be laid by the Mayor before the Council and receive the approval of that body before the said bill is ordered paid. Sec. 2. Be it further enacted^ etc., That on the 1st of January and July of each and every year, each and every Estimates of head of every department of the city government shall lay supplies and "^ . . ' . materials r e - bcf orc the Couucil au cstimatc of the supplies and material quired of every ,,.,,... „ , . . t • i head of depart- (withm the limitation of the appropriations made in the every year. budgct for his department) that may be needed in his de- partment during the current six months ; and the said Council shall approve or modify, in its discretion, said estimate, and shall thereupon direct the Comptroller to advertise and adjudicate the contract to furnish said supplies and materials, or so much thereof as may be needed, to the lowest bidder, as provided in Section 21 of the City Charter. Sec. 3. Be it further enacted, etc.. That said Council re^ewlf ^there^ shall havc uo powcr to make or renew any lease of the or' r/ndli|sy or wharves or landings, or any lease or sale of city prop- Jff'^pubii^^prcp^erty, except after public advertisement and free compe- afterpubHc^aVtition, and adjudication 'by the Comptroller to the Ind' /rL"'com- lii^hest or lowcst bidder, as the case may be, according petition. g^g ^j^^ specification of said lease or sale may require. CITY CHARTER. 63 Sec. 4. Beit further enacted, etc., That said Council No grant, re- shall not have power to ffrant, renew or to sell or to dis- of any street railroad fran- pose of any street railroad franchise, except after at least chise valid, ex- three mouths' publication of the term and specifications months' pubii- of said franchise, and after the same has been adjudi- judication to cated to the highest bidder by the Comptroller as pro- bidder. vided in Section 21 of the City Charter. Sec. 5. Beit further enacted, etc., That the said Coun- ^^ ^ ^ ^ ' No contract cil be and the same is hereby prohibited from making any payable out of •^ '^ '^ '^ or appropna- contract with reference to, or payable out of, or any ap-lh*e°g"^r^^f"^* propriation of the surplus f uud of any year, except to f""^ ^aiid, ex- the extent that said surplus fund may exist in cash in extent that may '■ ^ then exist in the city treasury at the time of the contract or of the ap- cash in the dty •^ "^ treasury. propriation. Sec. 6. Be it further enacted, etc., That all the of- Absenteeism fleers and members of the city government are hereby ^^^^^bYrs^of required and commanded to attend personally to the e'^nmem, with- duties of their offices, and are hereby prohibited f I'om pennisMon'^'of absenting themselves from the city of New Orleans, ^in-''j.^^^*?j^j"'''^' less by permission of the Council previously granted, for reasonable cause stated and approved. They shall keep their offices open from 9 o'clock in the morning until 4 o'clock in the evening and shall require their employees and clerks to be and to remain therein during those hours. Sec. 7. Be it further enacted, etc., That at the end of perming out each and every year, and not before, the Council shall ^'^'^^ of t^e'con^ by proper ordinance, and under proper limitations and ^''^*'/ i*°q*=°'J^*=j^ restrictions, farm out and adjudicate the contract to ^^^^^^^ . ''■J^'*^ ^" when and un- der what terms and condi allowable. vertisement ; provided, that the percentage allowed such farmer shall never exceed five per centum on the amount collected and paid into the treasury ; that the payment of such taxes and licenses shall always be made to the City Treasurer and not to the farmer; that the city shall be at no cost or expense of said collection ; that each farmer shall be required to clo^e his contract with- in two years, and that his bond shall not be canceled until he accounts for every tax bill in his hands, either 64 ("ITY ciiAirrEK. by colleetiijg: the same or by sliowiiio' that tlu- same can not be collected and the reason of such non -collectibil- ity, and on all licenses and bills uncollected at the end of said two years he shall rec^eive no commissions. Repealing Sec. 8. Be it furthev enacted, etc., That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. S. P. Henry, Speaker of the House of Representatives. James Jeffries, Lieutenant Governor and President of the Senate. Approved July 12, 1888. Francis T. Nicholls, Governor of the State of Louisiana. A true copy from the original : Jos. Gehelin, Assistant Secretarv of State. [No. J 13 of 1892.] AN ACT To amend and re-enact Section (5 of Act No. 135 of 1888. further defining the powers and duties of the Council and officers of the city of New Orleans, and imposing additional limita- tions thereon; whereas, evidence has been exhibited that this act has been published in accordance with Article 48 of the ( niiviiiution. Section 1. Be it enacted hi/ Hit (hiKraJ Assembly of the IStatc of Louisiatia, That Section (i. of Act No. 135 of 1888, be and is hereby amended and re-enacted so as to read as follows : the person a"i^t- That officcrs and members of the city government are du"tie^s" oVt*he^ir liereby required and commanded to attend personally to aSir meSberstiie dutics of their office, and are hereby prohibited from frnn,f,^f of absenting- themselves from the city of New Orleans New Orleans. ,^|,j^^t. ))y permission of the Council previously granted, for reasonable cause, stated and approved. They shall keep their offices open from 9 o'ch)ck in the moruing until 3 o'clock in the evening, and shall require their employees and clerks to be and remain therein during those hours. CITY CHARTER. 65 ing effect. Sec. 2. Be it further enacted, etc., That this act shall Time of tak- take effect from and after its passage. G. W. Bolton, Speaker of the House of Representatives. Charles Parlange, Lieutenant Governor and President of the Senate. Approved July 7, 1892. Murphy J. Foster, Governor of the State of Louisiana. A true copy : T. S. Adams, Secretarv of State. [No. 127 of 1894.] AN ACT To repeal Section 7 of Act 135 of 1888, entitled an act for the de- fining of the powers and duties of the Council and officers of the city of New Orleans and imposing additional limitations thereon. Whereas, due and timely notice of the intention to apply for the passage of this act has been given, and evi- dence of the publication of said notice exhibited to the Gen- eral Assembly, as required by Article 48 of the Constitution. Be it enacted by the General Assembly of the State of Louisiana, That Section 7 of Act 135 of 1888, providing that the Council shall farm out, under certain restrictions and limitations, the delinquent taxes and licenses of that year, to the lowest bidder after ten days' public advertisement, etc., be and the same is hereby repealed. Be it further enacted, etc., That this law shall take effect from and after its passage. G. W. Bolton, Speaker of the House of Representatives. H. R. Lott, President pro tempore of the Senate. Approved July 11, 1894. Murphy J. Foster, Governor of the State of Louisiana. A true copy : T. S. Adams, Secretary of State. 66 CITY CHARTER. [No. 109 of 1882.] AN ACT Relative to Fixing the time for the levy of municipal taxes, and prescribina: certain delin- " ,,-,,.. ■'f & quent taxes a penalty for delinquents in the payments thereof. and licenses. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the municipal corporations of the State shall once in each and every year, between Time at which ^^^ first of May and the thirtieth of June, and not ^ration*' shall ^^*^^^^*' ^^^ ^^ eqiial and uniform tax upon all real and an"equli 'f^a pei^^onal property within its corporate limits, as pre- uponTii ^o" scribed by and under the limitations imposed by law for erty, real and the currcut year, which said tax shall be due and pav- personal ; when ./ / c ^ able ^""^ ^^'' ^^^^ ^^ *^^ proper office of said municipal government immediately after said levy or as soon thereafter as the tax bills can be prepared. Sec. 2. Be it further enacted, etc.. That upon municipal taxes not paid and delinquent thirty (30) days after the Penait lor the ^^"^^^^^^^^ ^^ ^^^ ^^^ ^^^^* there shall be and is hereby ^on-payment of imposed an interest penalty of ten (10) per cent, per annum on the amount of the tax due, which shall be collected by the municipal corporation, together with and in the same manner as the tax. Sec. 3. Be it further enacted, etc., That all laws or parts of laws in conflict, inconsistent or contrary to the provisions of this act be and the same are hereby re- pealed, but all other parts of all laws on the same sub- ject matter shall continue in force. R. N. Ogden, Speaker of the House of Representatives. Geo. L. Walton, President pro tem. of the Senate. Approved July 5, 1882 : S. D. McEnery, Governor of t^e State of Louisiana. A true copy: Will A. Strong, Secretary of State. THE LAWS AND REVISHD ORDINANCES OF THE CITY OF NEW ORLEANS. ALMSHOUSES, ASYLUMS, TRUST FUNDS AND CHARITABLE INSTITUTIONS. See Hospitals. Art. 1. It shall be unlawful for any person oresSK"' ^° persons to set up, establish and operate any hospital, c.^^sl'May^ti^ almshouse or charitable institution of a public character '^^ in any locality of the city of New Orleans, without hav- ing first petitioned the Mayor and City Council. Art. 2. That if any person or persons protest Protests, against the setting up, establishing or operating of such ^''• charitable institution ^at such location, they shall be heard before the Committee on Public Order, Health and Police and Public Buildings of the City Council, and if there be any valid objections in the judgment of the said committees said petition will not be granted. Art. 3. That any violation of the foregoing ordi- p^j,^f, nance will be punished by a fine of not more than fifty i^. dollars or not more than thirty days' imprisonment. Art. 4. That each and every charitable institution for which appropriation is made by this Council shall be required to enter on a book to be specially kept for Record book that purpose a full and complete record of all persons %^rd.^No*." 3526 or children under their care, said record to include datefs89^' Am^enl-' of admission, sex, age, condition, when admitted, if j^J^c.^s.*'' ^"^ either or both parents are living, date of discharge, compensation, if any, received for care of said persons . or children and such other facts as may indicate the labor and expense connected with the care of said per- sons or children. 68 ALMSHOUSES, ASYLUMS, ETC. Monthly re- Art. 5. That each of said institutions shall be re- ^°'^* lb. quired to furnish the Mayor with a monthly report em- bodying all the items set forth in above resolution, and that all appropriations made in favor of said institution be based upon said monthly reports and pro-rated by the Committee on Charities. Inspection. Art. 6. That the record book required to be kept by ^^- this resolution shall be at all times open to inspection by the Committee on Charities. Repealing Art. 7. That all ordinances or parts of ordinances in *^'*"ib! conflict with the provisions of this resolution be and the same are hereby repealed. Shakspeare Almshouse. property*^^ °^ Art. 8. That the Mayor be and is hereby empowered A.^s! 7327! ^^ appoint a committee, to be composed of two Adminis- trators and himself as ex-officio chairman, for the pur- pose and with full power to purchase a suitable place in the vicinity of the city, with such funds as have or may hereafter be donated by the gamblers of this city, the same to be used as a house and farm for the indigent people of New Orleans. oS'^7901 a. Whereas, Joseph A. Shakspeare, Mayor, has turned fssa/""^ ■'"•into the city treasury certain sums of money donated to him for such public uses as he may deem proper to apply same to ; and, whereas, it is his desire, with the approbation of the Council, to use the same for con- structing and maintaining an almshouse for the support of the poor of New Orleans. Donation fund. Art. 9. That the Administrator of Public Accounts lb. and Finance open a ''donation account," to the credit of How applied, which Said moneys shall be placed ; and the said moneys be, and are hereby, appropriated for maintaining an almshouse, for the purpose stated in the preamble of this ordinance. How payable. Art. 10, That Said money is payable on the order of i Mayor to ,p jhe Mayor. ''*ord. No. 598 Art. 11. That within ten days after the passage of I fs&if ■ ^^^' '^' this ordinance the Mayor of New Orleans shall appoint,! ALMSHOUSES, ASYLUMS, ETC. 69 by and with the consent of the Common Council, five citizens of New Orleans, who shall constitute the Board of Managers of the Shakspeare Almshouse. Art. 12. That the said Board of Managers shall organ- organization, ize by the election of one of their number as president ; that the said Board of Managers shall hold their offices four years from the date of their appointments ; that all vacancies shall be filled by the Mayor, by 'and with the consent and advice of the Council. Art. 13. That the said Board of Managers shall have control and the exclusive control and management of said Shaks- '"^''^semenu^ peare Almshouse. Art. 14. That no warrant or vouchers drawn for the warrants or payment of any supplies for said institution , or for the ''°"'^''^''®- j^ salary of any of the employees of said institution, shall be of any force or effect, or shall be paid by the Treas- urer until or unless countersigned and approved by the president of said Board of Managers. Art. 15. That the said Board of Managers shall em- Employees, ploy and discharge all employees of said almshouse ; shall fix the salaries and terms of employment, and shall make rules for the government of said institution ; pro- vided, nothing in said rules shall be contrary to the laws Rules and of the State of Louisiana or the ordinances of the city ^" of New Orleans. Art. 16. That the said Board of Managers shall re- Reports, port at least once every three months to the Council the condition of said almshouse, its working for the past quarter, a detailed statement of all disbursements and ord No 59s, collections from any source, and an estimate of receipts isg^.' ^ ' ''' and disbursements for the ensuing quarter. Art. 17. Whereas, there is now a sum of seven Transfer of thousand five hundred and seventy-five dollars, more or less, in the city treasury, transferred to the city by the Board of Commissioners of the Touro Almshouse, under authority of Act No. 100 of the Acts of the General As- sembly of Louisiana for the year 1867 ; and whereas, said money is part of the bequest of Judah Touro to the 58. O. S SC08 86 ALMSHOUSES, ASYLUMS, ETC. tnissioners, dating from the time of his appointment, and the same to be paid out of the proceeds of said estate. H o a r .1 of Art. 62 . ( 1 ) That the Finance Committees of the two Commission- ^ ' Boards of Common Council be and are hereby con- stituted a Board of Commissioners of the McDonogh March"; i860. School Fund, and as such they are hereby invested with all such powers as are necessary to the due and proper management and administration of the property, and the proceeds of the property acquired from the estate of the late John McDonogh, by the partition made in May, 1857, under and by virtue of a decree of the Fifth Dis- trict Court in the suit of the City of New Orleans vs. the City of Baltimore et als. Art. 63. Whereas, the change in the city government has vacated the office of Commissioners of the Mc- Donogh School Fund and the Fink Asylum Fund by abolishing the Finance Committees, whose members con- stituted the Board of Commissioners aforesaid. chanKe of Art. 64. (1) That the Mayor, the Administrator of °".'s. 82. Public Accounts and Administrator of Finance are here- *^'' '°' by constituted Commissioners of the aforesaid funds, and are invested with all the powers and duties hereto- fore belonging to the Finance Committees aforesaid, as defined by existing ordinances. <^hairn>an. Art. 65. (2) That the Board of Commissioners afore- .March. isii). said shall elect one of their number to be chairman of the board, who shall sign all warrants upon the Treasurer, and certify to all matters requiring signature. Art. 66. (3) That the duties of the clerk or secretary, appomted under the provisions of section 3 of Ordin- ance No. 3958, O. S., shall be to keep such books under the advice and direction of the Board of Commissioners as they may deem necessary ; enter therein all amounts received or paid out ; collect all revenues ; sign and attest, after entering them, all checks drawn by the authority of the board and signed by the chairman, and to report or pay over to the City Treasurer, daily, all amounts collected or received by him ; he shall also, under the direction of the board, conduct all corre- Ib, lb. ALMSHOUSES, ASYLUMS, ETC. S t T^pondence, and generally take cognizance of all matters in which the interest of the fund may require attention, and report twice in each year to the board the condition of the fund as shown by the books. Art. 67. (4) The City Treasurer shall act as treasurer Treasurer, of this fund, and all moneys belonging to said fund, and paid over to him, shall be specially kept apart and separate from any funds belonging to the city of New Orleans, and shall be entered in a book or books kept specially therefor; all amounts paid out of said fund by him shall also be entered in his book or books so kept by him, and it shall also be his duty to make a detailed report of the condition of said fund monthly to the Board of Commissioners, which report shall be exam- ined by and checked with the books of the secretary. Art. 68. (5) That the Comptroller of the city of New comptroller ^' ' ^ toclose ac- Orleans be requested to close the account of the Mc- count. Douogh School Fund, as it now exists upon the books of his department; to make a detailed statement of the receipts and expenditures of the fund to the date of clos- ing the account, and transmit the same to the Board of Commissioners; and, further, that the said Comptroller warrant on the Treasurer in favor of the chairman of the Board of Commissioners of the McDonogh School Fund, for whatever amount there may be remaining in the city treasury to the Commissioners of the McDonogh School Fund, the same to be deposited with the treasurer of the said McDonogh School Fund, subject, with such other funds as may be deposited with him, to draft by the Board of Commissioners, who are, by the first section of this ordinance, to manage and to administer the affairs of the McDonogh School Fund. Art. 69. (1) That the purchase be made for account of Purchase of ^ ■' ^ ground. the McDonogh School Fund of that portion of ground, a. s. 6425. with building, etc., situated in the Fourth District of this city, in the square bounded by Ninth, Harmony, Con- stance and Magazine streets, having about fifty feet one inch and four lines front on Ninth street, and extending through to Harmony street, and lying between Mc- Donogh Schoolhouse and Ninth Street Market, for the ert ALMSHOUSES, ASYLUMS, ETC. price and siiui of fifteen hundred and fifty dollars, pay- able one-third cash and balance at one and two years' credit, with 8 per cent, interest, and payment to be secured by mortgage and vendor's privilege on the prop- erty, with all usual stipulations. Art. 70. (2) That the Mayor be and is hereby author- ized to sign and execute in behalf of the city the requisite notes to evidence the credit portion of said price, and, also, any and all acts of sale or other instruments of writing requisite to consummate said purchase in accord- ance with above terms. Sale of prop- Art. 71. (!)• That the Mayor and Administrator of A." s. 1434, Finance be authorized to enter into negotiations and re- ^" ' ' '^' ceive propositions, subject to approval by the Coun- cil, for the sale of any property of the city of New Or- leans derived from the succession of McDonogh, and ly- ing in the parish of Plaquemines, and should they find such sale unauthorized or inexpedient, to report to the Council what action should be had for the proper ad- ministration of said property. SICKLES LEGACY. Control of Art. 72. (1) That the money acquired by the. city "a.^s. 1325. by the bequest of the late S. V. Sickles for the estab- *"■ ' ^^' lishment of a free dispensary be placed in the charge of the Administrator of Finance, subject to the control of the Council. Separate Art. 73.. (2) That all moneys belonging to this lb. charity shall be specially kept apart and separate from any funds belonging to the city of New Orleans, and shall be entered in a book kept specially for that purpose. Investment. Art. 74. (3) That all moneys paid into this charity ' shall be invested in city securities, the interest on which shall be collected and applied to the purpose of supply- ing the indigent sick with medicine. Report. ^^ Art. 75. (4) That the custodian of this charity shall immediately report to the Council all investments made s e 1 1 1 e m ent Under authority of this ordinance . °^aI^s".839. Art. 76. (1) That the Administrator of Public Ac- Nov. 1872. (,Q^Q^g \yQ g^jj^^j jg hereby authorized and directed to settle AMUSEMENTS, ENTERTAINMENTS, ETC. 89 the claim of the Sickles bequest to the city of New Or- leans for the establishment of a free dispensary, amount- ing, with interest to December 4, 1871, to $25,603.78, by the delivery to that charity of $5050 seven per cent, bonds, letter N, remaining in the hands of the Ad-' ministrator of Finance, at par, by the payment of A. Shelly's bills, amount $949.90, under Ordinance No. 1329, and, for the balance, a seven-thirty certificate under Ordinance No. 882. Art. 77. (1) That the Administrator of Public Ac- Gold bonds counts be and is hereby authorized and directed to issue May', isyi!" to the custodian of the Sickles Fund a warrant for con- solidated gold bonds at par for $20,124.55, being the amount due by the city to said fund on the 1st of May, 1873. Art. 78. (1) That further expenses and disburse- , su^^pension ot d is b u rs e- ments on account of the Sickles Fund be stopped forthcnents. ^ ^ A. S. 4^9. present, and that the now dispenser be so notified at Oct. 1877. once. Also, that the Mayor be authorized to select a committee of three physicians, residents of this city, who shall be requested to furnish this Council with their views and suggestions as to the best plan for carrying out the object of the bequest. For report, see minutes of Council June 25, 1878. AMBULANCES. For Right of Way — See Streets. AMUSEMENTS, ENTERTAINMENTS AND PUBLIC EXHIBITIONS. See Charter — Offences. Art. 79. That immediately after the passage of this resolution it shall be unlawful to establish or set aside councTi! any place for public entertainments without the consent c. s"^. ' "' ''^^'^ of the City Council. ^"^- ''' "^'■ Art. 80. That whoever shall violate the provisions of Penalty, this ordinance shall be subject to a fine of not more than Consent o f 90 AMUSEMENTS, ENTERTAINMENTS, ETC. $25.00, or in default of payment of said fine, to be im- prisoned for a period of time not to exceed thirty days, or both, at the discretion of the Recorder having juris- diction. Tax. ' Art. 81. No person shall exhibit or cause to be Ord. Np. 3 131 "^ o.^s. D e c. exhibited any dramatic composition, ballet, pantomime or other performance of that kind in any theatre of the iiity where all persons are admitted for their money, nor shall any person entertain the public with any display of fireworks, without having obtained from the Mayor per- mission for that purpose, and paid the tax thereon, under 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 was granted. acts. Disorderly Art. 82. All pcrsous attending any public spectacle lb. are 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 vio- lence, insult, indecence, or to offer any kind of aggres- sion, to have their hats on while the curtain is raised, or to smoke in the theatre, the galleries, lobbies or corri- dors. 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. Vehicles at Art. 83. The public officers shall give the necessary amusement orders that the carriages of persons going to public ex- hibitions be arranged in a convenient manner in the places they shall appoint, so as not to intercept the pub- lic 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, office^rl.*'"' "^^ Art. 84. It shall be the duty of managers of places of ^^- amusement to reserve, free of all charge, places for the Mayor, Recorders, Chief of Police, and such other of Policemen, ^^c policc as may be necessary to preserve order, tion. ^'"P^"^*' Art. 85. The policemen on guard at theatres or public lb. exhibitions shall be paid by the acting managers, or other AMUSEMENTS, ENTERTAINMENTS, ETC. 91 persons having the direction of the said exhibition, at the Amended by rate of not less than three dollars and fifty cents for c. s. each policeman every time of the performance ; and every policeman on duty at a ball shall be entitled to require from the person keeping the said ball the said compensation of three dollars and fifty cents when the ball ends. Art. 86. The Mayor and the Surveyor, as often as inspection they may deem it necessary, shall examine whether city surveyor. theatres and places of public resort be constructed with the requisite solidity and carefully kept in repair, so that the public may assemble there without danger ; and they shall adopt suitable measures to prevent accidents 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. Art. 87. It shall be the duty of the Assistant City city Attor- Attorney to prosecute all violations of this ordinance. ^' ib. Art. 88. By virtue of the powers granted by law to m ay or to the Mayor and City Council, the Mayor shall cause to p'"^""^"" °"\\': be shut up any place of public resort, whenever the maintenance of order and the public safety or tranquil- ity may require it. Art 89. That hereafter it shall not be lawful for weapons any person to carry a dangerous weapon, concealed or ^^^^J^^^,-^l^^ otherwise, into any public hail, tavern, picnic ground, ^''• place for shows or exhibitions, house or other place of public entertainment or amusement. Art. 90. That any person violating the provisions of Dan gerous the first section of this ordinance by carrying a danger- penalty." ous weapon, not concealed, into any of the places desig- nated in said section, shall be subject to the payment of a fine not exceeding twenty-five dollars, or to imprison- ment in the parish prison not to exceed twenty days, to be imposed by the Recorder within whose jurisdiction the offence is committed. Art. 91. That any person violating the provisions of *"'' ^ ib. 92 AMUSEMENTS, ENTERTAINMENTS, ETC. the first section of this ordinance by carrying a danger- ous weapon concealed about his person in any of the places designated in said section, shall be arrested and prosecuted for violation of the law relative to the carry- ing of dangerous weapons concealed about the person. forceordinance ^RT. 92. That the Chief of Police and the members ^^- of the police force of the city of New Orleans be charged with the enforcement of this ordinance, and to that end they are authorized and required to examine all persons entering any of the places specified in section 1 of this ordinance, and to arrest and prefer the proper charges against all peisons violating this ordinance. Military or- Art. 93. Thc provisions of this ordinance shall not eanizations ex- '- cepted. ^^ apply to the officers and members of military organiza- tions, when acting as such, nor to the carrying of arms or weapons intended to be used in any show, exhibition or other entertainment. J. Duty of po- Art. 94. That the policemen on guard at theatres, Ord. No. 306 shows, balls or exhibitions of any kind, shall have the ^ay". '883. right and power, and it shall be their duty, to be and Ord. No 6926 remain within said balls, theatres or other places of Nov. 9, 1S92. amusement, or at or about the entrances thereto, and any person connected with such entertainment as owner, agent or employee who shall refuse permission or attempt to interfere with such policemen in the exercise of their said right or duty shall be liable to a fine and imprisonment as herein provided, and that the compen- sation of such policemen shall be not less than three dollars and fifty cents ($3.50) per diem each, same to be paid by party or parties responsible for said enter- tainment. Number of Art. 95. The Chief of Police or Mayor of the city ^^ '^^' lb. shall have the right to designate the number of police- men to be placed on guard at any show or exhibition under Ordinance No. 3131, O. S., and all officers so des- ignated, as specified in section 1 of this ordinance. Kightof offi- Art. 96. The Mayor, the Recorder and the Chief of trinte"r^^°^'" Police, or any corporal, sergeant or other officer of the ^^' police force, specially designated by the Chief of Police, AMUSEMENTS, ENTERTAINMENTS, ETC. 93 shall have the right at any time and all times to enter during performances, theatres, balls and other public entertainments, to inspect same and receive reports of policemen on duty. Art. 97. That any person violating the provisions of Penalty. this ordinance, or refusing or attempting to refuse ad- mission to any one as herein designated, shall be pun- ished by fine not exceeding twenty-five dollars and im- prisonment not exceeding ten days, either or both, in the discretion of the court having jurisdiction to try for such offences ; and all ordinances or parts of ordi- nances in conflict herewith are hereby repealed. Art. 98. That a printed copy of the ordinances con- Copy of tins cerning public balls, theatres and public exhibitions be be posted, placed in a conspicuous position within the enclosure of Ord. No. 3131 said balls, theatres and public exhibitions for the pur- Dec. 1856. pose 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 offence, recoverable be- fore any court of competent jurisdiction ; and the police officers on duty shall compel the owners of the balls, theatres, etc., to close for the night. BALLS. Art. 99. It shall not belawful for any person or per- , • -ii • n 1. •, Oil . ■. ,. Permission. sons to give, withm the limits of the city, anv public , 11 „ , ... 1 ...".,. Ord. No. 3131 balls of any description unless permission, in writing, o. s. be previously obtained from the Mayor to give said ball a n7e'nd/ human beings for the development of muscular strength [efed*'^'athi*e*tic be and the same are hereby permitted to take place ^^J^-j^^, , within the rooms of all regularly chartered athletic ^^h^^^"'^^ clubs in the city of New Orleans ; provided, that at the *^^- ^°- ^''^i time when said exhibitions and glove contests shall take cember 9,. ^ 1S90. place that the sale or giving of spirituous liquors in said clubrooms is hereby prohibited ; and provided further that all such exhibitions and glove contests shall be under the supervision of the police authorities of the city of New Orleans : and provided further, that Donation. a glove weighing not less than five (5) ounces shall be 9G AMUSEMENTS, ENTERTAINMENTS, ETC. used in such exhibitions or contests ; but under no cir- cumstances shall this ordinance be construed as permit- ting any sparring contests in such club or clubs on Sunday ; provided further, that for each exhibition the parties shall be required to donate fifty ($50) dollars, which amount may be increased to a sum not exceeding five hundred ($500) dollars, for fund of public char- ities of New Orleans ; and that a good and solvent bond of five hundred ($500) dollars cash shall be given, to be forfeited in case of any violation of said ordinance, the proceeds of said forfeited bond to go to the said fund of public charities. Art. 108. Thiat Ordinance No. 1194, C. S., except as hereby amended, shall remain and be in force. SHOOTING GALLERIES. Permission. ^^^T. 109. It shall uot bc lawful for any person orper- ^o. 8^°' ^'^'' i^ons to erect or in manner establish or continue any pistol or shooting gallery within the limits of the city of New Orleans, with out having first obtained the consent of two-thirds of the persons residing within one square of the place where any pistol or shooting gallery is in- tended to be established, and the permission of the Com- mon 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 be- ing heard in the street or streets on which the same may be located. THEATRES. Diagram of ^^^'^- HO. That the owuer, lessee, manager or other printed. "^^ "^ * persou or persons having charge or control of any thea- c.^s.*^' ^°' ^^^ tre in the city of New Orleans shall cause each and every Oct. 21, 1884. ^QQY and means of exit to be used in the case of fire or panic to be conspicuously numbered so as to be visible to the audience by whom the same is to be used, and shall have or cause to be printed in conspicuous type a plan or diagram and explanation, showing each of said exits thereon and referring to the numbers aforesaid, and the ANIMALS AND BIRDS. 97 same shall be printed in conspicuous type as aforesaid on the programme or bill of the play. Art. 111. That whoever shall violate the provisions of I'enaity. ^ 0rd.N0.49s8, this ordinance shall be subject to a fine not to exceed c. s., Dec. i6, twenty-five dollars, or imprisonment in the parish prison for a term not to exceed thirty days, or both, or imprisonment in the said parish prison for a term not to exceed thirty days in default of payment of the fine^ to be imposed by the Recorder of the district wherein the offence is committed; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprisoulnent more than thirty days. Art. 112. The Chief of Police is hereby charged with Duty of the the execution of the requirements of the above ordi- ^"ord. No 973, AS Oct 21 nance, and the members of the police force, detailed fori8S4. '' " ' duty in theatres, shall, at the time of going on duty, examine the programme or bill of the play, and if the same does not contain the required plans, or diagrams, as ordained by this Council, or if any other violation of the law or non-compliance with its reqiiirements be found, the same shall be immediately reported in the same manner as is prescribed in the case of other viola- tions, a copy of the programme or bill of the play, if the same be found defective, to accompany the report. See hospitals, relative to tax. See barrooms, relative to concert saloons. ANIMALS AND BIRDS. Cruelty to Animals — See Offences. Driving Horses Through Streets — See Offences. Roving Animals — See Po%inds. Keeping on Premises — See Stables and Dairies. Unlawful Catching of Game— See Offences and Fish. DOGS. Art. 113. (1) That no dog shall be permitted to run o^ qu^.^^o%. be at large upon any street, alley, highway, common or J^^-' "^"'^ public square, within the limits of the city of New 46131 98 ANIMALS AND BIRDS. Orleans, provided that this section shall not apply to any dog to which a tag obtained from the Treasurer is attached. Owner. Art. 114. (2) Any person who shall harbor or permit ■ any dog upon or about his or her premises shall be deemed to be the owner or keeper of such dog. To be con- Art. 115. (3) It shall be the duty of the owner or lb, keeper of a dog to have such dog confined within his or Ord. No. 6494, her yard or enclosure or secured by a chain therein. Or if said dog is allowed outside of said enclosure, it shall be the duty of the owner or keeper to have said dog muz- zled securely from the 1st day of May to the 30th of Sep- tember of each year inclusive. Tenements. Art. 116. (4) It shall be unlawful for the owner oi- keeper of any dog to allow such dog to be at large in any tenement building or yard thereof occupied by two or more families. Unlawful to Art. 117. (5) It shall be unlawful for any person to re- re 1 e a s e, en- . ' Till tice, etc. lease or entice any dog secured by the owner or keeper within his or her yard, or by a chain, out of the premises of such keeper or owner ; nor shall any one molest or seize any dog upon the public thoroughfares, or in the public squares, when such dog has attached to his collar the tag obtained fitem the Treasurer as provided for in this ordinance. Art. 118. (6) Whoever shall keep a vicious dog, and ogs ^Y^oii permit the same to run at large unmuzzled, in the streets, squares or public thoroughfares, shall be subject to the penalty imposed by section 19, of this ordinance, and it shall be the duty of the Commissioner of Police and Public Buildings, or his assistants, and the members of the police force to slay such vicious dog wherever found . Art. 119. (7) If any one shall be injured in his person persons. or apparel by a dog on the streets, in the squares or on the "public thoroughfares, the owner or keeper of such dog shall suffer the penalties provided in section 19 of this ordinance. ^^ g Art. 120. (8) The Treasurer is directed to cause to be ^^' made, about the first of January of every year, metal dog tags, stamped with some device deemed suitable by him. ANIMALS AND BIRDS. 99 and numbered, and he shall furnish them to all persons applying for the same, at the rate of two dollars ($2) each, said tags to be available only for the year in which is- sued. Art. 121. (9) Any person who counterfeits or imitates counterfeit- the tags made and delivered, as herein provided by the " ib. Treasurer, or any person who shall put on a dog any such counterfeit or imitation tag shall suffer the penalties imposed by section 19 of this ordinance. Art. 122.(10) Anyperson who shall maliciously or wan- Removing tonly remove or cause to be removed, directly or indirect- ^''^^' ib. ly, any such tag from the dog of another person, shall be subject to the penalties provided in section 19 of this ordinance. Art. 123. (11) It shall be the duty of the Commissioner ^^^^mpounding of Police and Public Buildings, through his assistants, to ^b. take up and impound in the workhouse all dogs found running or being at large, contrary to the provisions of this ordinance. Art. 124. (12) The Commissioner of Police and Public Keeper of Buildings is authorized to appoint, with the approval ^°"" ' ib. of the Council, a keeper of the dog pound, a driver of the dog wagon and such number of assistants, of age, as he may deem necessary. The pound keeper shall furnish security in the sum of five hundred dollars ($500) for the faithful discharge of his duties, and shall receive a compensation of fifty dollars ($50) per month, and also the profits, if any, that may accrue compensa- from the keeping and feeding of dogs impounded under this ordinance. The driver shall receive a salary of forty dollars ($40) per month. The assistants shall be paid at the rate of one 50-100 dollars ($1.50) per each day they are on duty. Art. 125. (13) The city shall furnish a police officer to poiicepfficer the Commissioner of Police and Public Buildings whose duty it shall be to accompany said Commissioner, or his assistants, on the dog wagon, and to aid in the enforce- ment of this ordinance. Art. 126. (14) It shall be the duty of the keeper to keep Re^ a book, to be furnished by the Comptroller, in which he lb. 100 ANIMALS AND BIRDS. shall register daily all dogs brought to the pound, by whom brought, and the time of their being released or slain, and the amount of fees and fees paid, which book shall be open at all times for public inspection, under the penalty provided in section 19 of this ordinance. More- over, the keeper shall make out and furnish weekly to Keeper to the Commissioner of Police and Public Buildings, who report to ° ' Com. of Police shall forward Same to the Comptroller, a detailed state- and Public '^ ' Buildings. ment of the amount of pound fees and all moneys re- ceived, which pound fees, etc., shall be deposited with the said Commissioner, who shall convert the same over into the treasury, and the poii:id keeper failing to fur- nish such statement, keep the book and make deposit as provided herein, shall be dismissed. Redemption. Art. 127. (15) Upon the productiou to the Commis- sioner of Police and Public Buildings of the tag provided for in section 8, the keeper or owner of any dog im- pounded may redeem the same upon paying the following fees, viz. : Fees. Art, 128. Redemption fee two dollars, (2), and the ■ further sum of five (5) cents per day for each day said dog shall have remained impounded, which shall reim- burse the keeper for any expense he has incurred for food for the dog. When slain. Art. 129. (16) Any dog not redeemed within two (2) days after being taken up shall be slain. viciousdogs Art. 130. (17) It shall be the duty of the Commissioner arge. ^^ ^^ Police and Public Buildings, or his assistants, to kill any vicious dog found in violation of this ordinance, which can not be safely taken up and impounded, but it shall not be lawful for any other person to shoot or use poison for the purpose of killing any dog at any other place than at the dog pound, and should any dog be found at large by the said Commissioner or his assistants Dogs escap- and cscapcs from said Commissioner or his assistants by eredup. ^ entering the premises of his owner or keeper, and said ' owner or keeper refuse to deliver up such dog to the said Commissioner or his assistants, then such owner or keeper shall be subject to the penalties provided for in section 19 of this ordinance; provided, that nothing ANIMALS AND BIRDS. 101 herein contained shall be so construed as to authorize the said Commissioiier or his assistants to enter the premises or yard of said owner or keeper in pursuit of such dog. Art. 131. (18) The Commissioner of Police and Public oog wagons. Buildings is hereby authorized to have constructed a suitable dog wagon and to purchase a horse for same. Art. 132. (19) That the owner or keeper of a dog and ^^''^^'^y- j^. any other person violating the provisions of this ordinance shall be fined not more than twenty-five ($25) by the Recorder of the district in which the offence is committed, and in default of payment of the fine condemned to im- prisonment in the parish prison for a term not exceed- ing thirty (30) days. Art. 133. (20) That all moneys received from the en- forcement of this ordinance shall be put to separate ac- count, to be known as the ' ' Dog Tax Fund, ' ' out of which shall be paid : first, the cost of tags herein specified ; Amended by secondly, salaries of oflflcers and other expenses as "^ ' *'^^ herein provided for, and the surplus, if any, to be placed to the credit of public improvements, and the Comptroller is hereby authorized and directed to war- rant on the Treasurer for such salaries and expenses whenever there shall be money in the treasury to the credit of said fund and not otherwise appropriated, and the Treasurer is authorized and directed to pay in ac- cordance therewith. Art. 134.(21) That all ordinances orpart of ordinances, "^P^^^^^^fg on the subject matter as this ordinance, including or- i^. dinances Nos. 6140 and 6491, A. S., and 3042, 3092, 3311, 3687, 3862 and 4338, C. S., are hereby repealed. Act 207 of 1858, p. 148, makes dogs under certain conditions personal property. GOATS. Art. 135. That goats running at large in the streets Nuisance. and other public places within the limits of the city be ^*J; '^^^'j. and are hereby declared to be a nuisance. Art. 136. No goats of any description shall be per-niSg^at larg"'. mitted to run at laige within the limits of the city of ^^' 102 ANIMALS AND BIRDS. New Orleans as aforesaid, and all j^oats thus found shall be taken up and placed in a pound. and^s^e^iing o1 ^^'^- ^^^ • When any goat or goats are thus taken up s"**^- , ji, it shall be lawful for the Administrator of Police, and it is hereby made his duty, to sell the same at auction to the highest bidder, for cash, after posting said sale on the outside door of the pound, where the same is to be made. Said sale shall take place at 12 o'clock m., on the second day after the impounding; provided, no bid shall be accepted unless it is sufficient to cover the expenses incurred in impounding said goat or goats. The city of New Orleans, through above-mentioned Administrator or his representative, shall be permitted to bid at such sales. All money arising from aforesaid sales shall, after all expenses deducted, be paid over to the owner or owners, on their proving to the satisfaction of the Administrator of Police that the property of such goat. or goats is in them; but if no owner appear, the said money, after deducting the costs aforesaid, shall be paid into the City Treasury. Duty of Ad- Art. 138. It is hereby made the duty of the Ad- ministrator of . Police. ministrator of Police to see that this ordinance is effi- Ib. ciently and properly enforced, and he is hereby author- ized to employ assistants to aid him in carrying out its provisions. Duty of Po- Art. 139. It is also made the duty of the officers and lice. •' ^^- members of the Crescent City Police force to take up, or cause to be taken up, any and all goats running at large within the above described limits, and make the proper affidavits against the owner or owners. Pound fees. Art. 140. A sum of fifty cents shall be paid for each " stray goat brought to the pound, and the same shall be included in the expenses incurred in impounding said goat. Expense. Art. 141. The cxpcuse for impounding each and ' every goat is hereby fixed at the sum of two dollars and fifty cents. Penalty. Art. 142. That it shall be unlawful for any owner or ^^' owners of a goat or goats to permit the same to run at large within the above described limits, and that any ANIMALS AND BIRDS. 103 owner or owners violating the provisions of this section shall be subject to a fine of five dollars, and in default of payment of said fine shall be imprisoned for a term of five days by the Recorder within whose district the said owner or owners may reside. HOGS. Art. 143. It shall not be lawful for any person to keep ning°a^*iarge! a hog or hogs within the pound limits of this city, nor n" s.'2^." permit the same to run at large, under the penalty of not less than five dollars nor more than twenty-five dollars for each and every offence. ANIMALS — GENERAL PROVISIONS. Art. 144. No wild and ferdcious animals shall be kept wiid animals within the limits of the city, on the premises of indi-'° jan.^i"s67. ^ viduals or in menageries, unless such animals be under ^" ^■'^^'^• the charge of an armed guard day and night. Art. 145. Any person or persons committing any of penalty, the offences, or violating any of the provisions herein- before named in section second, 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 ex- ceeding thirty days. Art. 146, That the driving of horned cattle, hogs and Driving sheep on Peters street or the river front, from Carroll- tain iimrts pro- ton to Flood street, is hereby prohibited. No,' 3521 c. s" Art. 147. That any person violating this ordinance Penalty. shall be subject to a fine of not less than five and not ^^' more than twenty-five dollars, or imprisonment for not less than ten and not more than thirty days for each and every offence. Art. 148. That it shall be the duty of all police officers Duty of po- to arrest all persons so offending and to make the proper ^"^^* ib. affidavits against such persons. Art. 149. That no person or persons shall bring into Regulating or within the limits of the city of New Orleans any *and ^''dfsToTa* animals sick with glanders. It is made the duty of the "fj-k wit'h glin! officers of the police force and also of all owners or f^JIp^et^f/^l persons in charge of animals, including veterinary sur- ^ ' ^ ° d e r s , 104 ANIMALS AND BIRDS. an*^d°TH-°vent^^^^^' ^^ promptly report to the Board of Health any t-^n 'Cr^sucii ^^^^ ^^ cases coming to their knowledge of animals sick the™ cu' " *o° ^^^^ glanders, as also every case which may be regarded ^oTd No^*"^* ^^ suspicious or exhibiting symptoms of said disease. ^' Adopted Art, 150. Whenever any animal is pronounced gland- june27, 1893. gj.^^ i^y ^Yie veterinary surgeo^i of the Board of Health, or by any other graduated and reputable veterinary sur- geon, the Board of Health shall order the killing of such animal and the disposition of the carcass in such man- ner as said Board of Health may deem safest. All animals suspected of glanders shall be isolated at owner's expense in such manner as the Board of Health may desig- nate until the true condition of the animal is established. Any owner of any animal having cause to suspect the same to be glandered, or any veterinary surgeon treat- ing any animal so suspected, who shall fail to report immediately such suspected case to the Board of Health shall for each such neglect or failure to thus report be fined in a sum not exceeding twenty-five dollars, or im- prisoned not exceeding thirty days ; and any owner not submitting any animal suspected of being glandered to investigation and proper inspection by the veterinary surgeon of the Board of Health for ascertainment of its condition, or not isolating a suspected animal as the Board of Health may direct, or removing or killing or disposing of any glandered or suspected animal in a manner contrary to the directions and intendments of this ordinance shall for each offence be fined not more than twenty-five dollars or imprisonment not more than thirty days. Art. 151. All ordinances in conflict with this ordi- Rep e a lin g clause. nance and all upon the same subject matter are hereby repealed. GAME. Wild duck, **ord. No.60.6 Art. 152. That from and after the passage of this A mended ^y resolution it shall be unlawful for any person or persons ord. No. 7306^^ catch, kill or pursue with such intent any wild duck, ord^^No.^ 8233^ geese or poule d'eau, or to have same in possession after 189^*'*^^ '^'it has been caught or killed, within this parish, between ANIMALS AND BIRDS. 105 the fifteenth day of April and the first day of November, inclusive, of each year. Art. 153. That whoever shall violate the provisions Penalty, of this resolution shall be subject to a fine not to exceed twenty-five dollars, or imprisonment in the parish prison for a term not to exceed thirty days, or both, or imprison- ment in the said parish prison for a term not to exceied thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprisonment more than thirty days. Art. 154. That all laws or parts of laws in conflict Repeaiingr herewith be and the same are hereby repealed. ' " ib. Art. 155. (2) That no deer, buck, doe or fawn shall oeer, buck be driven and hunted with hounds or ambushed and shot °'^ord!"No. 357 at, excepting between the period beginning on August 1 "^j^iy ,0^ ,§83. of each year and continuing until March 1 of the fol- lowing year, inclusive. Art. 156. (3) That no hare or rabbit shall be trapped. Hare or rab^- wounded, killed or shot at in this parish during the'''^* n,^ months of May, June and July of each year after the passage of this ordinance. Art. 157. (4) That it shall be unlawful for any person ^ '' -^^ Quailor or persons to trap, wound or kill any quail or partridge, partridge, excepting during the period beginning on the first day of October of each year, and continuing until the first of April of the following year, inclusive. Art. 158. (5) That no grosbecque or night-heron crosbecque shall be trapped, snared, wounded or killed, or their *"■ "'^''"'^'■iS.* nests disturbed and robbed in this parish, excepting dur- ing the period beginning July 1 of each year, and con- tinuing until September 30 of each year, inclusive. Art. 159. (6) No rail or marsh fowls, whether blue, itaiiormarsb big rail or rice, nor any other aquatic or marsh fowl ""^ *' ib. kindred to our parish or State, shall be shot at or killed in the parish of Orleans during the monfhs of May, June and July of each year. Art. 160. (7) That the trapping of all birds, such as songbirds, the mocking bird, the red bird and other song birds is ^''' 106 ' ANIMALS AND BIRDS. hereby prohibited, excepting during the period or season prescribed in the game law of the State already in exist- ence, and this ordinance in no manner changes or alters the said law in this particular instance. Grass.iarkor Art.161. (8) All summcrbirds, such as the grassc, lark boV or'Twai-or caillc, dore, martin, papabotte or swallow, although lb, kindred to our State require no protection, as they are devoid of flesh or flavor, in fact worthless, when killed out of season. Art. 162. (9) All migratory birds or fowls, such as the Afigratory ^ ' ^ ^ birds. duck, teal of whatever species, excepting the wood duck, ' can be shot at and killed during the entire year, as also the snipe, plover, and in fact any other bird or fowl not kindred to our State and parish, unless it be birds of prey, such as the hawk, eagle, falcon and other destruc- tive birds, they to be treated as migratory under this ordinance. See Art. 151 in connection with this article. Wild beasts. Art. 163. (10) All wild beasts not generally used as ■ food, such as coons, wildcats, panthers, opossums, minks or other furred animals, are not to be considered as game under this ordinance, and may be caught or killed by any person so inclined. Penalty. Art. 164, (11)* Any person or persons violating any ^^- of the sections of this ordinance shall, upon conviction thereof, before any Recorder of this parish, be fined twenty-five dollars or imprisoned for thirty days for each and every offence. This ordinance to go into effect Repealing "^ » iause. immediately upon its passage, all laws and ordinances or parts of laws contrary hereto being hereby repealed and annulled. SPARROW^S. Art. 165. Whereas, the sparrow, under the fostering Or^ma^nci 'no^ carc of Ordiuauce No. 2295, A. S., has become a great nuisance by reason of their enormous increase in number and natural rapacity and aggressiveness, a source of serious loss to gardeners and others, and the destroyer of our native songster, the mocking bird ; therefore. Resolved that Ordinance 2295, A. S., bfe and the same 2 29s, c. s. Penalty. ANIMALS AND BIRDS. 107 is hereby repealed ; all persons shall hereafter be per- o.d. No. 2980 initted to kill, capture or in any way destroy the said June 4, isss. sparrow; provided, however, that nothing herein shall be construed as giving the right to use firearms within the city limits, or to in any other manner violate exist- ing ordinances in such destruction. PIGEON-S. Art. 166. That it shall be unlawful for any person Pigeons at or persons, owning or harboring pigeons, to allow Or ov. 7I 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 cover- To be covered ing the same with tin, or any substance non-ignitable,. n, ec. jjj ^he event of fires adjacent; and that in default of compliance on the part of said person or persons, within ten days from said notification, the person or persons so' failing to alter or change said awnings or sheds shall pay a fine of five dollars for each and every day' they shall neglect to make such alteration or change, recover- able before any court of competent jurisdiction, for the use of the city. Erected under Art. 212. (2) No pci'sou Or pcrsous shall hereafter m'iTsfoner.*"" erect any awning or shed within the limits of the city, except under the direction of the Street Commissioner. AWNINGS, SHEDS AND SIGNS. 129 All ordinances or parts of ordinances conflicting with the foregoing are hereby repealed. Art. 213. That awnings alone within the fire limits covering for of the city shall be required to be covered with non- ord.No.siss, ignitable substances, to protect them from fires adjacent, ber, 1856. Art. 214. That after the date at which this ordinance swinging shall have been adopted and approved, it shall be un- ^'|)° a. no. 748, lawful for any person, firm, owner, occupant, or agent f884.*' "^""^ '°' of owner of any store or dwelling, to erect, suspend, place, keep, or cause to be suspended, any sign-board, sign-plate or advertising board, of wood, metal or other material, so as the same may in any way hang, suspend or swing over any sidewalk or street within the city limits. Art. 215. That on and after the date of approval of Removal of this ordinance it shall be unlawful to keep or maintain ^"'"^'"^^'^ib! -any swinging or hangmg sign, or other sign, sign-board or sign-plate, extending over any portion of any side- walk or street, and every owner, agent, lessee or occu- pant of any house, dwelling, establishment, or store, where or in front of which such, sign exists, shall re- move or cause the same to be removed immediately on the approval of this ordinance. Art. 216. That whoever shall violate the provisions of Penalty, this ordinance shall be subject to a fine not to exceed Dec! 16, °if^^' twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or impris- oned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed, provided that the fine shall not exceed twenty-five dollars for each offence, nor the imprison- ment more than thirty days. Art. 217. (2) It shall be the duty of the Street Com- Duty of street missioner, whenever any sign or awning now in existence, ^o7d^sl\°4si^'', in his opinion, does in any manner obstruct the view of ^*y ^°' '^59- •any street or streets, to give not more than five days' notice to the proprietor of the same to remove or diminish the size of ,the same ; and in default of not complying with the provisions of this ordinance the owner or owners shall be liable to a fine of not less than imissioner. 130 BAKERY — BREAD. ten dollars per day that the same shall be in contraven- tion, recoverable for the use of the city ; it being under- stood that no sign projecting over the sidewalk shall be within eight feet of the banquette. Awnings and Art. 218. (1) From and after the passage of this ordi- street. uauce it shall not be lawful for the tenants, occupants o s.j Jail"! ^sl or owners of stores and dwellings on Canal street to erect or construct or hang over the sidewalks or foot- ways any awnings, sheds or verandas, unless the same be made over and cover the whole width of the side- walks or footways, and in conformity with the plans and drawings to be furnished by the City Surveyor, Penalty. uudcr a penalty of ten dollars per day for each and every day thereafter said awnings, sheds or verandas remain, after being duly notified for the removal of same. Dutyofstreet Art. 219. (2) On tlic complctiou of the square-block "lb! pavmg on each and every square of said Canal street, it shall be the duty of the Street Commissioner to notify all persons who have constructed on said street awnings, sheds and verandas which do not conform to Art. 1 of this ordinance, to have the same removed and rebuilt in conformity with Art. 1 of this ordinance, under a pen- alty of ten dollars per day for each and every day there- after said awnings, sheds or verandas remain, after being duly notified for their removal. BAKERY— BREAD. Duty of Art. 220. All bakers or other persons now engaged ''^Orrko. i666, in? 01' doiug and carrying on business as bakers, or bir.^i86^^"™" engaged in making or baking bread for others, shall immediately, after the promulgation of this ordinance, report themselves at the Mayor's oflice, and cause his, her or their name or names and place of busi- ness to be recorded in a book to be kept for that pur- pose in the Mayor's office, and shall in all respects con- form to the provisions of this ordinance ; and hereafter, every person intending to undertake the bakery busi- ness, or any such person or persons who may engage in BAKERY BREAD. 131 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 city of New Orleans, must, previously to his or her com- mencing 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 of the Recorders of this city, or other court of competent jurisdiction, for the benefit of the city. Art. 221. That on and after the passage of this ordi- consent of nance it shall not be lawful for any person or persons to ers.^^*^^^ ^^^^' erect or conduct a bread or cracker bakery unless the c.^st Juiy'^°3', party asking for said privilege shall have first petitioned '^" the City Council 5 and provided, further, that the said petition shall contain the written consent of the majority of the property owners within a radius of 300 feet where saitl bakery is to be located ; provided, further, that any person or persons violating the provisions of this ordi- nance shall be guilty of a misdemeanor, and shall be penalty, punishable by a fine not to exceed twenty-five dollars, or imprisonment not to exceed thirty days, for each and every violation of this ordinance. Art. 222. (2) All bakers or other persons using or weight of carrying on the trade or business of a baker shall make, ^°ord!*No. 1666. or cause to be made, all their loaf bread of good andi7er,^.86?"'"' wholesome flour, no brand to be used less than treble extra, 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 Com- mon Council ; and further, all bakers and 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 five cents, ten cents and twenty cents : ])rovided, all loaves of bread shall have the weiglit fixed by said tariff. Art. 223. (3) Bakers, tavern-keepers and other weights and persons selling bread, or offering the same for sale, are^'^'*'^^" ib. required to have the weights and scales only regulated 132 BAKERY — BREAD. by the standards ; and the inspectors of weights and measures are authorized to proceed to try them agree- ably to the law respecting weights and measures. Dutvof City Art. 224. (4) It shall be the duty of the Coramis- ib.sariesof the Markets, and the Deputy Street Commis- sioners, at least once in each week, to inspect and ex- amine, within the several wards or districts of this city and the public markets, all loaf bread baked by, or for or on account of any baker or bakers, in order to ascer- tain whether the same is made of good and wholesome flour, and to ascertain whether the weight thereof con- forms to the established assize ; and to that end said Commissaries and Deputy Street Commissioners are here- by authorized and required, at any time between sunrise and sunset, to enter any bakery, bakehouse or shop, storehouse, or any other building or enclosure wherein loaf bread is or may be baked, stored, deposited or kept, as also any tavern, shop, store, or any other place wherein loaf bread is deposited, stored, or kept for sale; provided, the authority of the officer thus about inspect- ing be first made known to the proprietor of the es- tablishment, or his agent or representative. And it shall further be the duty of the Commissaries of the Markets and the Deputy Street Commissioners, for the purposes of said inspections through the public streets or highways, to stop all persons carrying bread for sale in baskets, carts, wagons or otherwise, upon said streets or highways, and examine and weigh such bread, and upon said examination should they find such bread, on an average of ten loaves to the hundred, to be unsvholesome or wanting in weight, the officer making such examina- tion under this ordinance shall seize the bread, and im- mediately notify the proprietor of the bakery, bakeshop, etc., to appear before one of the Recorders of this city, who, upon due proof made, shall pronounce the seizure and confiscation of such bread for the use of the orphan asylums of this city, and shall further condemn the of- fender or offenders to pay a fine of not less than twenty- five dollars nor more than fifty dollars ; and in default of payment thereof such offender or offenders shall be BAKERY — BREAD. 133. inprisoned not 'exceeding thirty days. Any Commis- sary or Deputy Street Commissioner neglecting or re- fusing to enforce the foregoing shall be dismissed from office. ' Art. 225. (5) The Mayor shall publish in the official Pubuca journal of the city, every Saturday, an assize for bread ''^ ^*^°'" for the ensuing week. To this effect he shall estimate a barrel of flour to produce three thousand seven hun- dred and thirty -two ounces of bread (American weight), and in order to ascertain the weight of the five-cent loaf the number of ounces shall be divided by a number equal to the number of five cents a barrel of flour may be worth in the market at the time of fixing the assize, and adding the eight dollars or one hundred and sixty- five cents, allowed to a baker by the law, the quotient shall be the number of ounces a five-cent lo^f shall weigh. Art. 226. (6) Wherever, 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 : Price of Flour per bbl. 20c. Loaves. 10c. Loaves. 5c. Loaves. $4 00 5 00 6 00 7 00 8 00 9 00 10 00 11 00 12 00 13 00 14 00 15 00 16 00 62 ounces, 57 53 50 47 44 41 39 37 35 34 32 31 31 ounces. 29 27 25 23 22 21 20 19 18 17 16 16 16 ounces. 14 13 12 12 11 10 10 9 9 8 Weight and price of loaves. 134 BAKERY — BREAD. itures. ■Penalty. ord Deleterious Art. 227. (7) Any baker or other person carrying on the business of baker, or engaged in making and baking bread, as aforesaid, who shall mix or use, or permit to be mixed or used, in the manufacture of bread, any alum, vitriol, or any other unwholesome deleterious substance, shall, on conviction before any of the Recorders of this city, or any other competent court, be fined in a sum not exceeding one hundred dollars ; and in default of payment of such fine shall be imprisoned not exceeding thirty days. Bread to Art. 228. (8) Bread to ordcr shall not comc witliiu the provisions of this ordinance. Art. 229. That from and after the passage of this ordinance each and every person or persons dealing in bakers' bread shall post, in a conspicuous place, at his or her place of business, the weights and prices of the loaves offered for sale ; and any violation of this ordi- nance shall be punishable by a fine of fifty dollars for each and every offence, recoverable before any court of competent jurisdiction. Repealing Art. 230. (2) All Ordinances or parts of ordinances clause. contrary to or conflicting with the above be and the same are hereby repealed. Unlawful to Art. 231. That it is hereby made unlawful to excavate ^' ordTNo.'4267, or siuk a well on any premises used as a bakery or bake- 1890.7 ^ ' ^'shop within the city limits. Art. 232, That upon any such premises where a well ^^Duty ot own- ^^^^ exists it shall be the duty of the owner of the prop- ^^' erty to cause same to be immediately filled up to the surface of the ground ; provided, that nothing herein shall be construed as prohibiting the boring of artesian wells. Art. 233. That any violation of the provisions of this resolution shall subject the offender to a fine of not more than $25, or, in default thereof, to imprisonment in the parish prison not exceeding thirty days, to be imposed by the Recorder of the district in which the offence shall be committed, and every day during which there shall be a failure to comply with the requirements of this res- jPenaity. olutiou shall bc cousidcrcd and taken to, be a separate ' offence, in the party so failing, and punished accordingly. BARROOMS AND RESTAURANTS. 135 BALCONIES — See Buildin(?s. BALLS — See Amusements. BALTIMORE & OHIO TELEGRAPH COMPANY See Telegraph Companies. BASINS— See Canals. BATTURE — See Lands and Levees. BARROOMS AND RESTAURANTS. As TO Females Entering Saloons — See Leicd Women. Art. 234. That hereafter it shall not be lawful for any petition, one to set up or establish any drinking house, coffee- c^sf" ^*'' ^°'^' house, beer house, or place where liquors of any kind ord^^No.^rigq^ are sold at retail by the glass to be there consumed, ^^3^' *'^^'' ^' without having first petitioned the Mayor and City Council, said petition to be published three times in ten days in such form as the Committee on Public Order may designate. Art. 235. That after the expiration of the said pub- protests, lication, there being no protest uttered against the peti- ^^' tion, same shall be granted; provided, however, that if any person or persons protesting against the opening of a saloon or drinking house, etc,, they shall be heard be- fore the Committee on Public Order of the City Council, and if there be any valid objections in the judgment of the said committee said petition will not be granted. Art. 236. That any violation of the foregoing ordi- Penalty, nance will be punished by a fine of not more than ^^' twenty-five dollars or not more than thirty days' im- prisonment. Art. 237. That all ordinances or parts of ordinances Repealing conflicting with the provisions of this ordinance be and *^'*"^^- jj,_ the same are hereby repealed. lb. 136 BARROOMS AND RESTAURANTS. License. Art. 238. (1) Every keeper of a grogshop, barroom^ o.^s.3^34* tavern, cabaret, coffee-honse, beerhouse, pleasure gar- den, saloon, theatre, ballroom, clubroom or any other establishment whatever wherein spirituous or malt liquors are sold by the glass to be drunk on the prem- ises, must obtain a license for that purpose, and pay the tax fixed by the ordinances establishing uniform rates of taxation, under the pains and penalties pronounced by said ordinance. Sign. Art. 239. (3) Every person who shall have obtained ^^' a license to sell spirituous or malt liquors by retail shall place at his door, or in some conspicuous place on hi& house, his sign, on which shall be painted his name and the number of his licen.«e, under a penalty of twenty-five dollars, and five dollars a day for every day he shall refuse or neglect to comply with this provision, after notice from the Chief of the Police. Art. 240. (5) All persons who have obtained license to sell spirituous or malt liquors by the quart or bottle are prohibited from selling the same in smaller quanti- ties. •Transfer of Art. 241. (6) Any pcrsoH who, after having obtained lb. one or more licenses for the purpose named in this ordi- nance, shall, without the consent of the Mayor, make over and sell the same to others, shall, on conviction of the same, be fined fifty dollars for each license made over or sold, as shall each person who received or bought the same. u. s soldiers. Art. 242. (7) All coffee-house keepers and all other ■ persons are prohibited from selling spirituous or fer- mented liquors to soldiers in the service of the United States, unless they bear a written permission from an officer of the army, under a penalty for every such offence of a fine not less than fifteen dollars ; one-half to the city and the other half to the informer. Music in bar- Art. 243. (11) Exccpt in cases where permission is ''°°'"'' lb. granted by the Mayor, it shall be the duty of the Chief of Police to arrest all persons who shall be found play- ing or causing to be played, music in any barroom, coffee-house, or other place where liquors are sold, who, BARROOMS AND RESTAURANTS. 137 upon conviction, shall be liable to a fine of not more than fifty dollars for each and every offence ; and the coffee-house keeper shall be liable to the same penalty. Art. 244. (12) The Mayor and also the Chief of Police oisorderir ^ ' *' . houses. shall have power, in case of riots, fights and disturbances o. s. 31.H. of any kind in the neighborhood of barrooms, coffee or drinking houses, to notify the keepers or proprietors to close said houses ; and in case of neglect or refusal the keepers of said houses shall be liable to a fine of one hundred dollars for each offence. Art. 245. (1) That from and after the promulgation of this act if any person shall sell or give away intoxi- geufnl'^or giv"^ eating drink or drinks on election day at or within one^^s_jj^]i^*yj^°g'' mile of any precinct where elections may be held, he^'^|°|^'<=*ting shall be guilty of a misdemeanor, and on conviction ^'^^ *^» '^^• thereof shall be fined in a sum not exceeding one hun- dred dollars, or imprisonment not exceeding sixty days, or both, at the discretion of the court, for each and every offence. Art. 246. (1) That all barrooms or other places where Hours for spirituous or malt liquors are sold by the glass shall *^ a*'s%o67 close at 12 o'clock midnight and remain closed until 3 ^^y^ '^Si.' o'clock A. M. • During these hours all business shall be suspended and no intoxicating drink of any kind whatever shall be sold or given away, the Mayor being vested with discretionary power to allow proprietors of saloons to keep open after hours. The proprietor of any barroom, coffee-house, beer saloon or other place where spirituous or malt liquors are sold by the glass, violating the pro- visions of this ordinance, shall, upon conviction, be subject to a fine of not more than ($25) twenty-five dol- lars, or imprisonment for not more than thirty days in the parish prison. Art. 247. (1) That there shall not be permitted in Music saloons. any coffee-house or other place where spirituous or malt^^^^'^-No. 4j6» liquors are sold at retail any vocal or instrumental music, or any theatrical performance, except the keeper thereof first obtains a special annual license for such purpose, and pay a tax as follows: For instrumental music, $100 ; for vocal or vocal and instrumental music, 138 BARROOMS AND RESTAURANTS. Regulation of $200 ; and for a stage on which singing, dancing or lb. theatricals are performed, $300; provided, that the Administrator of Finance shall be authorized to issue for the remainder of the year 1870 a half-yearly license at the above rate. Hours of Art. 248. (2) That all music and theatricals at the closing-. n>. places of entertainment described in the foregoing sec- tion shall cease at or before 12 o'clock at night, and the continuance of such entertainment after the hour afore- said shall work a forfeiture of the license, and the place shall be closed by the police. Permission to Art. 249. (3) That after the 1st of January, 1871, *'^^"' lb. none of the coffee-houses described in the previous sec- tion shall be permitted to open except on the written consent of the owners or lessees of one-half the frontage on both sides of the street of the square where the coffee-house or other such place is located; provided, that the frontage of any building used for a similar purpose shall be deducted before a division is made. Art. 250. (4) That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby repealed. LIQUORS TO MINORS. Minors under Art. 251. (1) That from and after the passage of this ord!'>fo? i4?9, resolution, any grocery, cabaret, saloon, exchange, bar- Octie.'isss. room, music hall or other establishment where intoxicat- ing liquors are sold, shall not be permitted to sell to minors under eighteen years of age liquors to be drunk on the premises. Penalty. Art. 252. (2) Ally proprietor or proprietors of any of the places herein named so offending shall be deemed guilty of a misdemeanor, and shall be liable to a flue not exceeding twenty-five dollars, or imprisonment for a period not less than thirty days in the parish prison, or both, at the discretion of the Recorder having jurisdic- tion of the case. Duty of police. Art. 253. (3) It shall be the duty of the police to arrest ^^' and imprison any minor attempting to evade the provi- sions of this resolution, and said minor shall, upon con- BARROOMS AND RESTAURANTS. 139 vietioii, be subject to a fine of not more than ten dollars for each and every offence, or in lieu thereof to imprison- ment not over thirty days in the Boys' House of Refuge, at the option of the Recorder in whose district the arrest is made. Any officer who shall fail to arrest such of- Failure to fender, or neglect the enforcement of the provisions ' ib. thereof, shall be suspended, or expelled, from the force, as the board may direct. Art. 254. (4) All ordinances or resolutions in conflict Repealing clause. herewith are hereby repealed. ib, RESTAURANTS. Art. 2.")."). (1) That each and every keeper or owner to provide of a restaurant, eating-house or other place where ''X^ s!*' No, wines and dishes of food are sold, shall provide their ^'^^'"^""^•'^'" customers in said restaurant or eating-house with a plainly written or printed list of the wines and dishes of food they have for sale, and the price they charge for each bottle of wine and dish of food. Art. 2.36. (2) That it shall not be lawful for any charges, keeper or owner, or any employee of any restaurant or eating-house, to charge more than the rates stated in his price list for the wines and dishes of food furnished or sold. Art. 257. (3) That any keeper or owner or employee Penalty, of any restaurant or eating-house found violating the pro- visions of this ordinance shall be subjected to a fine not exceeding twenty-five dollars, recoverable before any Recorder, and in default of payment be imprisoned not exceeding thirty days. Art. 258. (4) Tliat all keepers or owners of restau- Posting of rants and eating-houses to whom this ordinance may ex- °^ '"^ "' ib, tend are required, under a penalty of twenty-five dollars, to have a copy of this ordinance conspicuously posted in their restaurant or eating-house, and in default of the payment to be imprisoned not exceeding thirty days. Art. 259. That the Board of Health of the State of Louisiana be and is hereby authorized to inspect, 140 BARROOMS AND RESTATJRANTS. Inspection of through its pi'oper officers, all public places, licensed f™r preplrauon uudcr State laws Or city ordinances, in which food or- Hquid^s^an'd liquids are prepared or sold for human consumption, *ord.No.4736, and to inspect and examine the utensils and apparatus i8go.' ^^^^' ^"'used therein, and in case that any practices are ascer- tained, or utensils or materials are used therein delete- rious to human health, to order the discontinuance thereof. Penalty. Art. 260. That any pcrsou or persous who shall fail to comply with the order of discontinuance, after due noti- fication thereof, shall be fined not exceeding twenty-five dollars or imprisonment not more than thirty days, after due conviction before the Recorder of the district in which the offence is committed. ACTS OF THE LEGISLATURE. An Act — To amend and re-enact section 910 of the Revised Statutes of 1870. [No. 83 of 1886.] Penalty for SECTION 1. Be it enacted by the General Assembly of the State sroJT^o'i %^. «/ Louisiana, That section 910 of the Revised Statutes of 1870 be piing house, amended and re-enacted so as to read as follows: Section 910.. spirituous ' "o? Whoever shall keep a grog or tippling shop, or retail spirituous liquors withoiu ^^ ^'^'^^^^'^^^^^S' li^uors, without previously Obtaining a license a license from from the policc jur}% town or city authorities, on conviction, town° 'or ■" ci^y Shall be fined not less than one hundred nor more than five hun- discredon'^'^^of ^^^^ dollars, and in default of payment shall be imprisoned not jury in such less than thirty days nor more than four months; where it is '^^^^- contended, in prosecutions for the violation of this section, that said spirituous or intoxicating liquors were prescribed and sold as a medicine, it shall be for the jury to decide whether such prescription and sale were made in good faith and in case of sickness or as a mere subterfuge, and with intent to evade the provisions of this section. Act No. 43 of 1894. Making it a misdemeanor for any owner, proprietor, keeper or lessee, or agent, manager or conductor of any concert hall, or saloon where spirituous liquors, wines or malt are sold at retail, to allow any female to dispense or distribute among the audience such liquors, wines or malt, and providing a penalty therefor. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That no owner, proprietor, keeper, lessee or agent, manager or conductor of any concert hall or saloon where spiritu- BARROOMS AND RESTAURANTS. 141 •ous licjuors, wines or malt are sold at retail shall employ or suffer Prohihitine to be employed, any female to distribute or appear among the t h e empioy- -,. ■ , , , i , T, , , ,, ment of women audience or frequenters of such concert hall or saloon, for the in houses where purpose of distributing or selling or taking orders to be tilled, g^,^'^ liquor is any such spirituous liquors, wines or malt, and any person or per- sons violating the provisions of this act shall be deemed guilty of a misdemeanor, and. on conviction, shall be imprisoned in the Penaitv parish jail not less than thirty days nor more than three months, and a line of not less than fifty nor more than one hundred dol- lars for each and every offence. Sec. 2. Be it further enacted, etc., That all laws or parts of laws •contrary to and in conflict with this act be and the same are hereby repealed. Act Xo. 55 of 1894. An act to prohibit the keepers of barrooms, drinking saloons, groggeries and coffee-houses or any other place where in- toxicating or spirituous liquors are sold by the glass, bottle, gallon or in less quantities, from selling or giving intoxicat- ing of spirituous liquors to minors, and to prohibit all per- sons from purchasing or receiving, by gift or otherwise, any intoxicating or spirituous liquors for the special use of a minor; and to prescribe penalties for the violation of this act. Section 1. Be it enacted by the General Assembly of the State of Prohibiting Louisiana, That no keeper of a barroom, drinking saloon, grog- the sale of spir- -M u ^vT 1 I- •. . .. . r. ituous liquors gery, coffee-house or other place where intoxicatmg or spirituous to minors, liquors are sold by the glass, bottle, gallon or in less quantities shall sell or give to any person under the age of twenty-one (21) years any intoxicating or spirituous liquors, unless the per- son purchasing or receiving such intoxicating or spirituous liquors has been fully emancipated under the laws of Louisiana by the emancipation of eighteen (18) years, or unless the person purchasing or receiving such intoxicating or spirituous liquor shall present to the person selling or giving such intoxicating or ■spirituous liquor an order signed by the father, mother or tutor of such minor, directing the sale or gift to be made. Sec. 2. Be it further enacted, That no person shall sell, buy, Minor must purchase or receive, by gift or otherwise, any intoxicating or P «■ e s e n t an ... ,. , , . , . , . orderfrom spirituous liquor for the special use of any person under the age father, mother of twenty-one (21) years unless he be fully emancipated under °^ ^"Jy\j'"J'J^^'' the laws of Louisiana by the emancipation of eighteen (18) years, or unless such minor present an order signed by his father, mother or tutor directing the sale or gift to be made. Sec. 3. Be it further enacted, That any person keeping a bar- violations of room, groggery, drinking saloon, coffee-house or other place this act a mis- where intoxicating or spirituous liquors are sold by the glass, bottle, gallon or in less quantities, who shall knowingly sell or give away intoxicating or spirituous liquors to any person under the age of twenty-one (21) years contrary to the provisions of 142 BARROOMS AND RESTAURANTS. Penalty. this act, and any person who shall buy, purchase or receive by gift or otherwise any intoxicating or spirituous liquor for the special use of any person under the age of twenty-one (21) years, contrary to the provisions of this act, shall be guilty of a inisdeni'^anor, and on conviction thereof shall be punished by a line of not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for each separate offence. PRIVILEGES. Ord. 7745. Athen's Lumber Company. Limited. Louisiana ave- nue and Liberty street. January 27, 1893. Ord. 8657. Arneman, A.. Ninth and Washington streets, Jan- uary 23. 1894. Ord. 9464. American Grocers. Second and Dublin streets, July 31,1894. Ord. 10,542. Alst, Aug., Dumaine and North Liberty streets. April 2, 1895. Ord. 11,359. Artigues, F., 741 Common street. September 24. 1895. Ord. 11481. Abadie, B., St. Joseph and Tchoupitaulas streets, October, 22, 1895. Ord. 11,482. Ader. Pierre, Treme and St. Ann streets, October 22, 1895. Ord. 11,167. Amtero, L., Bourbon and Rampart streets, August 28, 1895. Ord. 7135. Brigston. C. Tchoupitoulas and Aline streets, Janu- ary 24, 1893. Ord. 7153. Braun. Charles. St. Claude and Frenchmen streets, January 31. 1893. Ord. 7819. Brenokle.W.. Philip and Clara streets. July 25, 1893. Ord. 7960. Brure, Thomas, 681 Tchoupitoulas street. August 22, 1893. Ord. 7961. Brown, John J., Third and Water streets, August 22. 1893. Ord. 8108. Balovich, John. Madison and Chartres streets, Oc- tober 3. 1893. Ord. 8203. Brennan. P. J.. Napoleon avenue and Canal streets, October 24. 1893. Ord. 8451. Brandner, Leopold, Rocheblave, between Custom- house and Bienville streets, December 12, 1893. Ord. 8958. Basile, Frank, Ninth, bet. Magazine and Con- stance streets. April 3, 1894. Ord. 9221. Brugier. George. Robertson and Columbus streets. May 22, 1894. Ord. 9385. Burk, Val., 237^ '^'ilia street, July 3, 1894. Ord. 9591. Bergerot, John. Ursulines and North Liberty streets, August 28, 1894. Ord. 9658. Baltz, John, Carroll and Povdras streets. September 4, 1894. Ord. 9877. Bauman, Emile. Customhouse and Chartres streets, October 23, 1894. Ord. 9898. Becknell, Charles, 422 Baronne street. October 30, 1894. Ord. 10,343. Bradford, H. A., 53 St. Charles street. February 12. 1895. BARROOMS AND RESTAURANTS. 143 Ord. 10.685. Bierhorst. George H., Canal and Burgundy streets, May 7. 1895. Ord. 10,838. Breffel, Joseph, Melpomene and Freret streets, June 4, 1895. Ord. 10.839. Broiuer, Andrew, 219 South Kampart street, Janu- . ary 4, 1895. Ord. 10,898. Burgess, B.W., 517 to 523 Chartre.s street, June 18, 1895. Ord. 10,929. Bonmarito, Phil., Terpsichore and Lamarque, Fifth District, June 25. 1895. Ord. 11.265. Blum, Paul, 734 Common street. Septembers, 1895. Ord. 11.360. Bly, Charles, Palmyra and Claiborne streets, Sep- tember 24, 1895. Ord. 11.361. Becl^er, Mrs. E., Dorgenoisand Cleveland avenue, September 24. 1895. Ord. 7226. Commander, Emile, Spain and Urquhart streets. February 15, 1893. Ord. 7392. Collet, Pierre, St. Claude and Frenchmen streets, April 4, 1893. Ord. 7444. Casey, John, White and Terpsichore streets, April ■ 18, 1893. Ord. 7704. Cabibi, John. Eliza and Bounv streets, Fifth Dis- trict, June 6, 1893. Ord. 7839. Caldevaro. B., Jackson and Chippewa streets, July 25, 1893. Ord. 7932. Clifton, Charles, St. Claude and Marais streets. Au- gust 22, 1893. Ord. 8176. Comeaux, P. A., removed from Patterson and El- mira to Elmiraand Alix streets. Fifth District. October 17. 1893. Ord. 8411. Cruso, Mrs. J. and Adolph. 250 Common street, De- cember, 5. 1893. Ord. 8454. Cetti, A., removed from Poydras and Galvez to Calliope and Willow streets, December 12, 1893. Ord. 8475. Cayeteza, Dominick. Napoleon avenue and Tchoup- itoulas street, December 19. 1893. Ord. 8537. Curren. Denis, First and Chippewa streets, Janu- ary 1, 1894. Ord. 8599. Chord. Victor J., St. Ann and Royal streets, Janu- ary 16, 1894. Ord. 8600. Carey. Mrs. J. & Co.. Louisa and Rampart streets, January 16. 1894. Ord. 8721. Crespio, Agap & Co.. Chestnut and Market streets. Fifth instrict, February 14, 1894. Ord. 8953. Conwav, C, Dufossat and St. Denis streets, April 3, 1894. Ord. 9014. Carroll, J.. Bienville and Napoleon avenue. April 17, 1894. Ord. 9015. Commander. C. J., Thalia and White streets, April 17. 1894. Ord. 9215. Cook. Mrs. H.. 203 Howard street, June 5, 1894. Ord. 9337. Cornelius, E. C, Bienville and Treme streets, June 26. 1894. Ord. 9882. Casbel, John W., Julia and Claiborne streets, Sep- tember 11, 1894. Ord. 9898. Crescent City Jockey Club, Fair Grounds. October 30, 1894. Ord. 10.344. Collins. James J.. Terpsichore and Baronne streets, February 12, 1895. 144 BARROOMS AND RESTAURANTS. Ord. 10,615. Colliro, Toni,Ursulines and Miro streets, April 16 1895. Ord. 10,622. Courha, Joseph, St. Ann and Villere streets, April 23, 1895. Ord. 10,760. Clerc, Fred. V., Constance and Constantinople streets. May 21, 1895. Ord. 10,789. Chapman, J, E., Burdette and Macarthy streets, Seventh District, May 28, 1895. Ord. 11,142. Carota, John, Melpomene and Magazine streets, August 6, 1895. •Ord. 11,388. Connor, John, 1757 Tchoupitoulas street, October 6, 1895. Ord. 11,517. Carr, Thomas, Jackson and Franklin streets, Oc- tober 29, 1895. Ord. 11,722. Curcia, Joseph, removed from St. Ann and Villere streets to opposite corner. December 24, 1895. Ord. 7201. Dazet, E , Customhouse and Rocheblave streets, February 7, 1893. Ord. 7224. Downs, James, Carrollton avenue and New Basin streets, Februarv 15, 1893. ' Ord. 7338. Desnicker & Co., Vallette and Alix streets, Fifth District, March 21, 1893. Ord. 7368. DeLamarre, E. T., Seguin and Villere streets, Fifth District, March 28, 1893. Ord. 8107. Dahoney, W. J., removed from Magnolia and De- lord to Locust and Calliope streets, October 3, 1893. Ord. 8448. Doty, James, First and Liberty streets, December 12. 1893. Ord. 8449. Dilda, Gabriel, 181 Dauphine street, December 12, 1893. Ord. 8479. Dessauer, David, Antoine and Debigny streets, De- cember 19, 1893 Ord. 8573. Denburk, James, Chartres and Peace streets, Janu- ary 9, 1894. Ord. 8711. Danater, Darius, Johnson and New St. Bernard, February 7, 1894 Ord. 8993. Durker,Mrs. William, Congress and Rampart streets. April 10, 1894. Ord. 9316. Donnelly, Gravier and Galvez streets, June 5, 1894. Ord. 9383. Dunham, E. J , Burgundy and Bienville streets, July 3, 1894. Ord. 9546. Darrihere, J., Frenchmen and Rampart streets, Au gust 7, 1894. Ord. 9803. Dillon, Jeff., Clio and Claiborne streets, October 9, 1894. Ord. 10.174. Destefano, Customhouse and Rocheblave streets, January 2, 1895. Ord. 10,892. Dazet, Mrs., 415 Dauphine street, June 18, 1895. Ord. 11,071. Donohue, James, 1132 Annunciation street, July 30, 1895. Ord. 11,233. Draube, Philip, Jena and Magazine streets, Sep- tember 3, 1895. Ord. 11,286. Duval, Charles, 633 Decatur street, September 10, 1895. Ord. 11,485. Downs, T., Tulaneand Carrollton avenues, October 22, 1895. Ord. 7155. Eiswirth, J. L., Fifth and Dublin streets, January 31, 1893. Ord. 7203. Essex, Rudolph, 334 Decatur street, February 7, 1893. Ord. Ord. 8112. : 8177. ; Ord. 8447. : Ord. 8597. ] Ord. Ord. 8796. ] 9593. Ord. 11,121. Ord. 11,613, Ord. 7236. ] Ord. 7443. Ord. 7744. ] BARROOMS AND RESTAURANTS. 145 Ord. 7793. Eschbach, J., V^allette and Alix streets, Fifth Dis- trict. July 5, 1893. Ord. 7866. Engebbraght, C. Cadiz and Constance streets, August 1, 1893. Edwards, S.. Third and Dryades. October 6, 1895. Essex, Rudolph, removed from Barracks and De- catur to 20 Barracks street, October 17, 1893. Everett, Mrs. Chris., St. Claude and Enghien streets, December 12, 1893. Essex, Rudolph, removed from 324 Decatur street to 83 Decatur street, January 16, 1894. Egan & Ryan, 127 Calliope street, March 6, 1894. Evans, W. H., Customhouse and Broad streets, August 28, 1894. . Elliott, George, Maple and Dublin streets. Seventh District, August 6, 1895. . Evans, Mrs. E., 42 Burgundy street (old number), November 26, 1895. Ord. 7236. Ferrera, Sam, 192 Bienville street, February 28, 1893. Faber. A., Clinton and Esther streets. Seventh Dis- trict, April 18, 1893. Forster, H., Maderon and Chartres streets, Julv 27, 1893. Ord. 8274. Farrar, T. D., Mozart and Dauphine streets, Novem- ber 7. 1893. Ord. 8568. Fitzgerald, J. A., 162 Perdido street, January 9, 1894. Ord. 8712. Ferrer. Anthony, Toulouse and Dauphine streets, February 7, 1894. Ord. 8788. Fitzner, P., Tchoupitoulas and Valmont streets, March 6, 1894. Old. 8841. Fischer. J., Arabella and Coliseum streets, March 13, 1894. Ord. 9100. Franke. P. E., Dauphine and Desire streets, May 1, 1894. Ord. 9338. Faber, Simon, removed from Burdette and Temple to Adam and Temple streets, June 26, 1894. Ord. 9339. Fagnet, Felix. St. Philip and Robertson streets, June 26, 1894. Ord. 9780. Fontanier, Charles, Josephine and Chippewa streets, October 2, 1894. Ord. 9851. Ferrera, Timothy, St. Ferdinand and Press streets, October 16, 1894. Ord. 10,539. Timothv. John U., Washington and Locust streets, April 4. 1895. Ord. 10,759. Folk, Ferdinand, HovVard and Gasquet streets, May 21, 1895. Ord. 10.897. Ferina, Louis, St. Philip and Claiborne streets, June 18, 1895. Ord. 11,001. Frank, J. U., Tchoupitoulas and Constantinople streets, July 9, 1895. Ord. 11,067. Finner, John, removed from Ursulines and Dor- genois to opposite corner, July 30, 1894. Ord. 11,138. Flynn. A. H., Magnolia and Lafayette streets, August 6, 1895. Ord. 11,239. Fuge, T., Tchoupitoulas and Erato streets, Sep- tember 3, 1895. Ord. 7794, Greto, T., Hospital and Roval streets, July 5, 1893. 146 BARROOMS AND RESTAURANTS. Ord. 7937. Glennon, Mrs. Mary, Orange and Tchoupitoulas streets, August 15, 1893. Ord. 7939. Galway, Mrs. Theo. H.. Claiborne and St. Louis streets, August 15. 1893. Ord. 8048. Gultierez, Joseph, 29 Engtiein street, September 5, 1893. Ord. 8066. Galpin, L. S., Bellecastle and Jersey streets. Sep- tember 26, 1893. Ord. 8109. Guarine, Jos., removed from Vallette and Jackson to Monroe and Xewton streets, October 3. 1893. Ord. 8113. Gueringer, Wm., removed from 79 Front and 78 Fulton to 973 Peters and 89 Fulton streets, October 3, 1893. Ord. 8350. Garcia, John T., removed from 39 South Claiborne to 41 South Claiborne, November 21, 1893. Ord. 8683. Grunewald, L., Baronne, near Canal street, January 30, 1894. Ord. 8722. Gerarai, Jos., Monroe and Socrates streets. Fifth District, February 14, 1894. Ord. 9313. Greauged, John, First and Annunciation streets, June 5, 1894. Ord. 9462. Glennon, Mrs. T., Tulane avenue and Bolivar street, July 31, 1894. Ord. 9592. Glavin, John, 981 and 983 Tchoupitoulas street, August 28, 1894. Ord. 9801. Gerari. Jos., Verret and Xewton streets. Fifth Dis- trict, October 9, 1895. Ord. 9851. Garit, Mrs., 215 Liberty street, October 16, 1894. Ord. 9851. Gratia, A., St. Louis and Dauphine streets, October 16, 1894. Ord. 10.483. Garatono, T., Robert and Prytania streets, March 19, 1895. Ord. 10,546. Guillot. Albert, Lapeyrouse and Dupre streets April 2, 1895. Ord. 10,837. Gernsbarker, A. B., Saratoga and Second streets, June 4, 1895. Ord. 11,070. Greever, Mrs. Emma, Belle and Dupre streets, July 30, 1895. Ord. 11,232. Gildermeister, Mrs. H. & Co., Hospital and Villere streets, September 3, 1895. Ord. 11,578. Guepet, H. P., Annette and Claiborne streets, No- vember 12, 1895. Ord. 7237. Heyman, Henry, 246 Howard avenue, February 28, 1893. Ord. 7365, Harbenstein, Louis. Johnson and Frenchmen sti*eets, March 28, 1893. Ord. 8049, Hempel, Mrs* F., Royal between Press and Monte- gut streets, September 5, 1893, Ord, 8175, Helingarten, C, A., removed from Calliope near Clara to Magnolia and Howard avenues. Oc- tober 17, 1893, Ord, 8412, Hildebrand, H.. Seventh and Annunciation streets, December 5, 1893. Ord. 8571. Hoppe, Chris.. Carrollton avenue and Green street, January 9, 1894. Ord. 8607. Hengke, Mrs. and Jourdan, Peace and Royal streets. January 16, 1894. Ord. 8902. Hacket M., Liquor and Sample Room, 85 S. Rampart street, March 27, 1894. BARROOMS AND RESTAURANTS. 147 Ord. 9275. Hofer, Thomas, Conti and Chartres streets, May 29, 1894. Ord. 9469. Hahn, Mrs. H.. 910 Dryades street, July 31, 1894. Ord. 9655. Heaton. G. E., Dante and Xew Levee streets, Sep- tember 4, 1894. Ord. 9995. Harding, Thomas. 22 Gas'.6633'. ^''^^^^^^ Commenced, or any alteration made in any c^^s., July s.j^niiding already erected, or hereafter to be erected, when such buildings or alterations shall cost more than thirty- five hundred dollars ($3500), unless plans and specifica- tions or a copy thereof, together with the contract cost of such building or alteration, shall have first been sub- mitted to the City Engineer, and a certificate of approval and a permit granted by him therefor. It shall be the sprcific" tions.^ duty of the City Engineer, without unreasonable delay, to issue such certificate when such plans and specifica- tions conform to this ordinance. All plans submitted for approval, whether for alterations or new buildings, must be drawn to a proper scale in a legible manner and show foundations, front and side elevation, and all upper walls, and all such piers, chimneys, flues, columns, girders and supports, as are intended to be used, and such other sections and elevations as may be required, to clearly indicate and represent the construction of the xeSdTrces^ of proposed work. No plans will be considered unless ac- ere"m u s t^^Ic- companied by the specifications, and such specifications companypians. j^^g^ j^g written iu a legible manner, and must conform strictly with law and with the plans accompanying them, and must have the names and residence of the owner, or owners, architect and builder or contractor, and must set forth, clearly and fully, the location of the building to be erected, or the building whereon alteration or re- pairs are to be made. Record. Art. 293. Whenever a permit shall have been granted ' by the City Engineer for t He erection of any new building, or the alteration of any existing building, he shall make a record of such permit, describing the exact location and cost of each building or alteration. ^Permits. Art. 294. (2) If such building or alteration cost less ^^' than thirty-five hundred dollars ($3500) a permit must BUILDINGS AND THEIR CONSTRUCTION. 169 be first obtained from the City Engineer, as provided in paragraph 3 of this section. Art. 295. (3) The following rates shall be charged by charges for the City Engineer for permits for all buildings, repairs, ' ib, etc. : For the erection of any building costing less than $750, $0.50. For the repairs or erection of any building costing from $750 to $1250, $1. For the repairs or erection of any building costing from $1250 to $1750, $1.50. For the repairs or erection of any building costing from $1750 to $2250, $2. For the repairs or erection of any building costing from $2250 to $2750, $2.50. For the repairs or erection of any building costing from $2750 to $3250, $3. The rate to be one-tenth of one per cent, on the cer- tified cost, the rate of charge to vary at fifty cents, ac- cording to the proximity to said rate of one-tenth of one per cent. Art. 296. The certified cost shall be the whole of the certified cost. Id. contemplated repair or improvement, including all foun- dations, piles, concrete, plumbing, gas fitting, paving, interior and exterior finish, painting, etc., all complete, which cost shall be sworn to by the owner, or his au- thorized agent, or builder or architect, before a compe- tent officer. Art. 297. No charge shall be made for the alteration, no charge repair or enlargement of any building already erected "" " °' ib. when the cost of such alteration, repair or enlargement shall be less than seven hundred and fifty dollars ($750). Art. 298. (3) " He who first builds in this city in a partywaiis. place which is not surrounded by walls may rest one- half of his wall on the land of his neighbor, provided he build with stone or bricks, at least as high as the first story, and notin frame or otherwise; and provided the whole thickness of this wall does not exceed eighteen (18) inches, not including the plastering, which must 170 BUILDINGS AND THEIR CONSTRUCTION. How con structed. Brick walls. not be more than three (3) inches. But he can not compel his neighbor to contribute to the raising of this wall." (C. C. 675.) Art. 299. All walls hereafter built in the city of New Orleans shall be so constructed that the centre of the walls shall be directly over the centre of the foundation. Art. 300. (4) All mortars used in the construction of brick or stone work shall be made of good lime or ce- ment and sand properly manipulated and in proper pro- portions. No loam or river sand shall be used. Art. 301 (5) All brick walls hereafter erected in the city of New Orleans shall be so constructed as to conform to the following table of stories, minimum thickness and maximum heights, to- wit: Number of stories 1 .13 in. .13 in. .13 in. .18 in. .18 in. .22 in. .22 in. Thickness of walls. 4 5 6 13 in. 13 in. 18 in. 18 in. 18 in. 22 in. 13 in. 13 in. 18 in. 18 in. 18 in. 13 in. 13 in. 18 in. 18 in. 13 in. 13 in. 18 in. 13 in. 13 in. 13 in. Height of walls, feet. 18 36 52 65 78 90 102 8. .22 in. 22 in. 22 in. 18 in. 18 in. 18 in. 13 in. 13 in. 114 " These heights not to include the fire wall. Stonewalls. All stouc walls shall be four inches (4 inches) thicker than as above provided for brick walls. Buildings, All buildings of six or more stories in height shall be stories.] of mill or fire-proof construction. Buildings The height and thickness of wallS of buildings more Sg°h^*stories*°than eight (8) stories high shall be subject to the special approval of the City Engineer. Art. 302. (6) All stone walls less than twenty-four inches (24) thick shall have at least one header extcHding through the walls in every three feet (3) in height from the bottom of the wall, and in every four feet (4) in length ; and if over twenty-four inches (24) thick, shall have one header for every six (6) superficial feet on Stone walls. \)qI^ sides of the wall, and running into the wall at least two feet (2) ; all headers shall be at least eighteen inches (18) in width and eight inches (8) thickness. In every brick wall every fourth course of brick shall BUILDINGS AND THEIR CONSTRUCTION. 171 be a heading course, except where walls are faced with Brick waii s differant brick, in which case every fifth course shall be bonded into the backing by cutting the corner of the face brick and putting in diagonal headers behind the same, or by splitting the face brick in half and backing the same by a continuous row of headers. In all walls which are faced with thin ashlar anchored to the back- ing, or in which the ashlar has not either alternate aifwaiis"^ °^ headers and stretchers in each course, alternate heading and stretching courses, the backing shall be of hard burnt brick, and shall be laid up in cement and sharp sand. All heading courses shall be good, hard, per- fect brick. Art. 303. (7) In all buildings where the walls are built Hoiiowwaiis hollow, each wall shall be nine inches (9) thick, for two story buildings; thirteen inches (13) thick for first two stories of three, four and five story buildings, bal- ance nine inches (9) thick; seventeen inches (17) thick for first two stories of six and seven story buildings ; thirteen inches (13) for next story, and nine inches (9) for balance of wall. No hollow walls shall be built unless the two walls forming the same shall be con- nected by continuous vertical ties of the same material as the wall, and not over twenty-four inches (24) apart. The height of all walls shall be computed from the grade level. No swelled or refuse brick shall be allowed in any wall or pier; and all brick used in the construction, alteration or repair of any building or any part thereof, shall be good, hard, well-burned brick, shall be well wet at the time they are laid, except in freezing weather, when they shall be laid dry. Art, 304. (8) In no case shall the side, end or party wall Front, rear of any building be carried up more than two stories in To be'anchored! advance of the front and rear walls. The front, rear, side or party walls of any building hereafter to be erect- ed shall be anchored to each other every six feet (6) in their height by tie anchors, made of one and a quarter inch by three-eighths inch (IHxX) wrought iron. The said anchors shall be ^buiit into the side or party walls not less than twenty-four inches (24), and into the front 172 BUILDINGS AND THEIR CONSTRUCTION. and rear walls at least one-half the thickness of the front or rear walls, so as to secure the front and rear walls to the side wall, and all stone used for the facing of any- building:, except where built with alternate headers and stretchers, as hereinbefore set forth, shall be strongly- anchored with iron anchors in each stone, and all such anchors shall be let into the stone at least one (1) inch. Side or party Art. 305. The sidc or party walls shall be anchored at anchored. evcry tier of beams to every fifth beam by wrought iron not less than three-eighths (K) by one and three-quar- ters inch (1^) (Xxl^), and with a lip on end of an- chor notched in the wood, and the anchor spiked to the beam by not less than two (2) spikes. The portion of anchor going into the wall to be split and the split portion to be eight (8) inches long. Where the floor beams are supported by girders in such manner that the floor beams rest on the top of girders, they shall extend full width of girder and be spiked together. Where it is impracticable to rest beams on top of the girder, they will butt against the girder and be thoroughly secured thereto by wrought iron straps, in such manner as may be approved by the City Engineer, and every fifth beam will have a strap placed on top of beams connecting same together and spiked thereto. Joists or Art. 306. All joists or timbers shall be splayed so as ™ *'^' lb. to have the upper edge flush with the inside face of the wall. Art. 307. All plate irons shall be built into the side or and* *i r^n party walls, and the iron anchors used to secure the plate lb. pieces shall be at least two inches (2 inches) wide and one-half inch (>2 inch) thick, and the anchors at the end of every plate piece shall be worked or built into the side or party wall of the building, and the said anchors shall turn down at least four inches (4 inches). Art. 308. (9) No stone or iron cornice shall project Cornices. ^^ jjjQ^g ^jj^u the thickucss of the wall on which it rests, unless made of sheet metal, and the stone shall run through said wall. Brick cornices shall be carried on stone or iron similarly extended through the wall. And in any case the greater weight of stone or iron, or other BUILDINGS AND THEIR CONSTRUCTION. 173 metals, shall be on the inside of said line of said wall or walls. Art. 309. (10) All discharg^ing or arched pieces used Discharging or in the chimney of any building hereafter erected or *'^'' ^ '"^"bl built in the city of New Orleans shall recede from any flue in the chimney at least 6 inches (6), and all chim- ney flues shall be lined with terra cotta lining from top to bottom. Art. 310. In no building shall any wooden girder, beam chimneys and or timber, resting on the walls, be placed nearer than eight \ioa. *^°"*"'"'^' inches (8) of any flue, whether the same be smoke, air or any other flue. No chimney shall be built against any piece of timber, nor shall any timber be used in the construction of any chimney flue. No plank or other combustible material shall be laid on chimney tops. No oven, furnace or forge • shall be constructed against a oven, furnace partition wall unless a counter wall of masonry be made, ""^ '"^^^' provided that if a partition wall be made of brick or stone, a space of one foot (1) shall be left between, and if of pales or plank a space of four feet (4) ; and if any one shall find any chimney, oven, furnace, forge or apparatus so defective as to be dangerous, he shall make a report of same to the Mayor, who shall cause same to be exam- Dangerous ined, and satisfying himself of the dangerous condition *=°"*"'"'='*°"*- of said chimney, oven, furnace, forge or apparatus, shall, in writing, direct the owner or his agent to repair or remove the cause of such danger within such time as he shall deem reasonable. Art. 311. (11) All buildings more than thirty -two feet Floors and (32) in width shall be built in such a manner that all the [ngs^more "han floors and roof thereof throughout their whole extent ^^ eetmwi^t^. shall be supported by and rest upon one or more partition walls, or walls of brick or stone, and not less than twelve inches (12) thick, running from front to rear, or upon proper and sufficient posts, girders sustained by proper and sufficient pillars or columns of wood, iron, brick or stone, and so that through the whole extent of such floor or roof, and each of them, the said walls shall not be distant from each other or from such immediate support or supports of brick, stone or iron, or wood^ 174 BUILDINGS AND THEIR CONSTRUCTION. more than thirty-two feet (32), except when the joists are supported by trusses or truss rods; provided, such immediate support or supports may be wooden posts or pillars. Provided further, that this section shall not apply to churches, libraries, armories, theatres and other public buildings. Floors of res- Art. 312. Floors of all residences to be calculated to I ences. ^^ carry a dead load of eighty pounds (80 lbs.) per square foot, and floors of all office buildings to be calculated to carry a dead load of one hundred and twenty-five pounds (125 lbs.) per square foot. Floors of all stores and sto-es a n d warehouses to be calculated to carry a dead load of two warehouses, jj^^^j^g^j ^ud fifty pouuds (250 Ibs.) per square foot. All calculations of the strength of floors and of material for the construction of buildings to be with a factor of five. Unlawful to Art. 313. It shall be unlawful for occupants of stores Ixcess^orordr- ^^ warchouscs to load the floors in excess of that which is nance. calculated to be a safe load for the floors to carry as pro- vided in this section. Scuttle frames Art. 314. (12) All scuttlc framcs or scuttle doors on oors gygj.y building required by law to have a fire-proof roof, hereafter to be erected in the city of New Orleans, shall be made or covered with copper, zinc, tin or iron, and every window and entrance above the first story in the rear of every storehouse over thirty feet (30 ft.) in height to the peak or highest part thereof from the level of the sidewalk, shall have shutters and doors thereon, made of copper or iron, or other fire-proof materials. All build- shutters, open- ings haviug irou shutters on front of same shall have *"^ ** ■ one or more of them provided with such arrangement for opening same from the outside as shall be approved by the Chief of the Fire Department and the City En- gineer. Roofs, top Art. 315. (13) The planking or sheathing of the roof 4°oTmer*win. of cvery brick Or stone dwelling, store, storehouse, or ered^withfirl- other building, in the fire limits so erected or built as proof matenai^s^j^^gg^l^^ shall in uo casc bc cxtcudcd across the party or side walls thereof, and every such dwelling, store, storehouse, or other building, and the top and sides of BUILDINGS AND THEIR CONSTRUCTION. 175 the dormer windows thereon shall be roofed and covered with slate, iron, copper, tin, zinc, or other fire-proof material. Art. 316. (14) All beams or other timber in the party, Beams or or other walls of any dwelling, store, storehouse, or p^nj^ '"^11^ t*o other building, hereafter built or erected of brick or ''^ '^p *'''''•= V stone in this city, shall be separated from the beams or timber entering into the opposite side of such walls by the distance of at least eight (8) inches between the nearest points of such beams or timbers, and when necessary said walls shall be corbelled out to receive such beams. Art. 317. All side, rear or party walls of such build- ah side, rear ings shall be built up and extended at least four (4)°JeSabve feet above the planking or roofing, and shall not be '■**°*'"^- ji, less than thirteen (13) inches thick, if brick, and sev- enteen (17) inches thick, if stone; which said fire wall shall be laid in and covered with hydraulic cement and sharp sand ; provided, no Mansard or French roofs shall be built within the fire limits of this city. Art. 318. (15) No front, rear or other wall of any Buiid,ngs, etc., such dwelling, store, storehouse or other building now supposed '' b J erected, or hereafter to be erected, as aforesaid, within j'/gn^' ^^°"* "^ the city, or any brick or stone building or buildings in ^^' the city, shall be cut off or altered below to be supported in any manner in whole or in part by wood, but shall be wholly supported by brick, stone or iron ; and no wood or timbers shall be used between such wall and such supporters ; nor shall any wood or timbers be used or bedded in any wall. Art. 319. (16) The gutters to all buildings whereon Gutters, tire-proof roofs are required shall be made of tin, cop- per, zinc or other non-combustible material, and they shall be firmly secured to the building by irons. Art. 320. (17) No steeple, cupola, spire or tower steepie, cu- shall be erected on the top of any building in the fire ^oweV.^^"*^ °' limits unless the same be covered with non-combustible material. Art. 321. (18) All rooms to be built for sleeping sleeping apart- apartments shall have at least five hundred (500) feet "**"**• 176 BUILDINGS AND THEIR CONSTRUCTION. cubic contents for each person therein, and must com- municate with the open air by a glazed and movable opening of at least ten (10) square feet area. Hatches, Art. 322. The occupant or occupants of any store, Kelecure'd''" storchousc, manufactory, or other buildings, in which ^''"hatchways or hoistways, or openings of any kind, ex- cept the usual stairways, are used throughout any or either floor thereof, or in case the said building or build- ings are unoccupied and not leased, the owner or owners thereof, and in case they are leased, the lessee or les- sees thereof, shall cause the said hatch, hoistways or other openings to remain closed or protected by a rail- ing at least three feet (3) high, and to be opened only when needed for the passage of merchandise, and the said owner, lessee or agent shall cause the same to be securely shut, closed and fastened at the close of each day. Duty of City Art. 323. (20) The City Engineer shall examine,or causc Engineer. ^^^^ ^^ examined, all buildings in the course of erection, alteration or repair, and inquire into any and all viola- tions of the laws regulating the erection, alteration or repair of buildings, and shall forthwith report in writ- ing to the Mayor any such violations of the laws as he may discover, together with the street and number of the building upon which the violations are found, and the names of the owners, agents, lessees or occupants, and the builders and architect, or the artisan or trades- men who may be guilty, for such violations ; and fur- ther, he shall report the nature of the violation of law and all matters relating thereto, and the Mayor shall immediately take action to enforce the observance of these ordinances and the law thus violated, and to pro- ceed also to recover any and all fines imposed for such violation. Dangerous Art. 324. (21) Whenever any Wall, buildiug, Staging bui dings. ^^^ ^^ other structure in this city shall be so unsafe as to be dangerous to human life or limb or property, the Com- missioner of Public Works shall, with the approval of the Mayor, be authorized to instantly demolish and remove the same, after having first given the owner of BUILDINGS AND THEIR CONSTRUCTION. 177 .such buildine: or his agent notice to remove said danger within three (3) days, and on his failing to do so. Art. 325. Any expense incurred in the enforcement Expense at- of the foregoing section shall be borne by the party nuoi"^ owning the said unsafe wall or structure, which sum or sums expended in such demolition or removal above provided for, together with attorney's fees, shall be recoverable before any court of competent jurisdiction, and the judgment of said court to constitute a first lien and privilege upon the property. Art. 326. (22) No superstructure shall be erected Lots to be within the limits of the city of New Orleans until the ' ib. lot is raised higher than the sidewalk, according to the lines and levels to be obtained from the City Engineer or his deputy. Art. 327. No person shall build upon any lot or por- Permit from tion of ground in the city of New Orleans without first "^ "^'""b! obtaining from the City Engineer a permit showing that the lot has been filled to the grade required as estab- lished by law. Art. 328. The grade shall be from an established Grade of lots, curb, sloping upward one-half (H) inch for every foot in width of banquette, front [edge or portion of lot of ground to be two (2) inches higher than inner edge of banquette, and surface of lot or portion of ground gradually ascending in grade one (1) inch to every ten (10) feet to the rear. Art. 329. Should it be represented that it is impossi- Filing bond ble to obtain the filling for the proper grading of lot ' ib. according to above section, owing to high river or other cause, a permit will be issued on filing of a bond in a sum equal to the filling required to fill lot to grade at thf rate of one ($1) dollar per yard, to guarantee the proper grading when filling can be obtained. When lot is properly filled, the bond to be canceled. Art. 330. The portion of lot to be filled to embrace the whole area within fences. Art. 331. The Board of Health to have authoritv to withhold permits on unfilled lots in case: where ponds or filth exist where the material proposed to be used as 178 BUILDINGS AND THEIR CONSTRUCTION. Powers of filling is Sanitarily unfit therefor, where the drainage Health in with- proposed to be established is insufficient to properly mits. '" ^ ''^'^" drain the premises, or for any other unsanitary cause c. s." °' °^*' prejudicial to the public health, and to that end all ex- «g. 30. « 2- jgj^jjjg ordinances concerning sanitation of such premises are hereby continued in full force and effect, and are not to be considered as repealed by this ordinance. Provided, that the preceding part of this Article 4 of this section shall also apply to this clause as amended. Sills of frame Art. 332 (23) All frame dwellings hereafter erected, ordl'ifo. 6S33, or whosc supcrstructiirc or frames are hereafter repaired, shall not have the upper portion of their joists less than three (3) feet from the surface of the ground. Water supply. Art. 333. All buildiugs hereafter erected within this ■ city shall be provided with a healthy supply of water, not less than five hundred (500) gallons for each room in said building. Provided, the aggregate capacity of cistern capacity shall be not less than twenty-five hun - dred (2500) gallons. Cisterns to be Art. 334. All cistcms, the water of which is used lb. for drinking or culinary purposes, shall be provided by the owners thereof with suitable covers. Chimneys of Art. 335. (24) The chimneys of all forges and fur- n'kfe?.*" "^' naces connected with steam engines, used in factories of every description, and other establishments, shall be carried up at least twenty (20) feet above the highest peak or portion of any building within a radius of one hundred (100) feet from said factory or establishment, and all such chimneys shall have caps on them so con- structed as to prevent cinders and soot from falling upon neighboring houses. Debris to be Art. 336. (25) Where any debris remains in any lot lb. or on the banquette contiguous in this city, resulting from a fire or in the demolition or partial demolition of any building on such lot, it is hereby made the duty of the owner or his agent of the property to remove, or cause to be removed, from the sidewalk and street, all such debris within six (6) days after a notice served upon him by the Commissioner of Public Works or his- lb. removed. BUILDINGS AND THEIR CONSTRUCTION. 179 lb. assistant, and to place snch debris in such manner on his lot as not to be dangerous. Art. 337. Builders, in the repairing, construction and use of street •erection of buildings in the city limits, shall use one-half ^" anq"et^e. of the banquette and one-third of the street for the piling of material to be used in the construction of such build- ing. During the construction of such building the con- tractor shall maintain free and clear one-half of the width of the banquette, and shall protect pedestrians by placing a wooden awning over the whole banquette. Art. 338. (2G) From and after the passage of this or- stoves, ■dinance no person shall set up or use a stove, any por- tion of which shall be within two feet (2) of any part of the woodwork or walls, partitions or floors of any build- ing within the limits of the city without protecting such woodwork with metallic covering so as to effectually protect the same from fire. Art. 339. In all cases where a stovepipe projects or stovepipe passes through the roof, partition or wall of any build- ing, a part or the whole of which may be wood, the pipe shall be supported from such roof or woodwork at least six inches (6) by sheet iron or other non-combusti- ble materials, and shall project above or beyond the roof or wall of the building, as the case maybe, at least three feet (3). Art. 340. No stovepipe shall be allowed to project over any sidewalk or into any street. Art. 341. (27) It is made the duty of the owner or his agent of any building in the city of New Orleans having a balcony extending over any portion of the ban- quette to provide such balcony with a metal gutter at- tached to the outer edge and leading into a metal down- pipe leading across the banquette into the street gutter j provided, when said balconies are entirely covered by roof, the gutter shall be attached to the said roof in the manner above described. It is further made the duty of the owner or his agent to keep the gutters in such repair as to prevent leakage and drippings on the sidewalks. Balcony. 180 BUILDINGS AND THEIR CONSTRUCTION. Gutters across Art. 342. All gutters across the banquette shall be of anquettes. ^^ (.Qyered gutters approved by the City Engineer, or of proper size drain pipe. No awning or balcony shall drain direct into the street, and all buildings now hav- ing balconies or awnings draining directly into the street shall be required within ten days from the passage of this ordinance to provide the necessary gutters to con- vey the water, as provided in this section. General penal Art. 343. (28) If the owucr or owners of any lot or lb. portion of ground whereon any building is to be con- structed or erected, or of any building erected whereon repairs, alterations or additions are to be made, shall be- gin such construction or alteration, etc., without having first obtained the certificate required in section one of this ordinance, he shall be deemed guilty of a misde- meanor and he shall be subject to a fine of not less than five ($5) or more than twenty-five ($25) dollars, and for each day he persists in such violation shall constitute a new offence, and on his failing to pay said fine he shall be imprisoned in the parish prison one (1) day for each dollar of the fine imposed. Art. 344. If, after obtaining permit therefor, any owner of lot or portion of ground on which a building is to be erected or owner of any building which is to be repaired shall fail to construct or repair his building which is to be repaired, in accordance with this ordi- nance, or whosoever shall violate any of the provisions Penalty. of this Ordinance, shall be deemed guilty of a misde- ■ meanor and said owner shall be subject to a fine of not less than five ($5) nor more than twenty-five ($25) dol- lars for each and every violation of these laws, and each day's persistence in said violation shall constitute a new offence, and the owner or owners or his or their agent shall be notified by the Mayor to correct said faulty construction to conform to the provisions of this ordinance; on his or her failure to do so in addition to the above penalties, proper action will be taken to pre- vent his persistence in such faulty construction and such fault shall be repaired or the work demolished at the owner's expense. BUILDINGS AND THEIR CONSTRUCTION. 181 On his failing to pay said fine or fines he shall be imprisoned in the parish prison one (1) day for each dollar of the fine imposed. Art. 345. (29) The duties or powers herein imposed or Assistants to conferred on the City Engineer can be delegated by him cuy Engineer, to such assistants as are hereinafter provided for. The City Engineer shall, by and with the advice and consent of the City Council , appoint one or more Assist- ant City Engineers, who shall also be a practical and theoretical architect, whose exclusive duties shall be to properly enforce the provisions of this ordinance. The City Engineer shall have general supervision of this department, which is hereby made part of his office, and he shall have power to remove his assistants for in- competency, malfeasance in office, or their failure to do and carry out the duties devolving upon them by virtue of this ordinance. Art. 346. The salary of such assistants is hereby salary of as- fixed at one hundred and fifty dollars ($150) per****"*^' month. Art, 347. (30) It is further made the duty of the City city Engineer i.T • J 1 • -1 i.- i J. J.1 c and assistants Engineer and his deputies to see to the proper enforce- to enforce ment of this ordinance, and to make affidavit for any violation of it, and to notify the Mayor of same. In case the violation is such as to give rise to civil action, the Superintendent of Police and the City Engineer and his deputies, as provided above, shall report the facts to the Mayor. Art. 348. Any owner or other party interested who Appeal to city shall feel aggrieved by or dissent from the rulings of the °""*^' ' ib. City Engineer shall have the right to appeal to the City Council for relief. Art. 349. All public buildings, and every building Pubiic and pri- hereafter erected, the height of which exceeds seventy hfgl7of"eLtin feet, shall be built fire-proof, that is to say, shall be oTr'd.No.ssis, constructed with walls of brick, stone, iron or other '^jfov. 14, 1893. hard incombustible materials, in which timber lintels or bond timbers shall not be placed, and in which the floors and roofs shall be of materials similar to the walls. 182 BUILDINGS AND THEIR CONSTRUCTION. Stairs. ^^ ^RT. 350. The stairs and staircase landings shall be built entirely of brick, stone, iron or other hard incom- bustible materials. Fireproof. Art. 351. No woodwork or other inflammable material " shall be fitted in any of the partitions, furrings or ceil- ings in any of such tire-proof buildings, excepting, how- ever, the doors and windows and their frames, the trims, casings, interior finish and the floor boards and sleepers directly thereunder may be of wood. Rules Art. 352. In all fire-proof buildings hereafter con- ' structed the following rules must be observed : Rule 1. All iron columns shall be made true and smooth at both ends and shall rest on cast-iron bed plates and have cast-iron caps, which shall also be made true. All XX iron trimmer beams, headers and tail beams shall be suitably framed and connected together, and iron girders, columns, beams, trusses and all other iron work of all floors and roof s shall be strapped, bolted, anchored and connected together, and to the walls in a strong and substantial manner. Rule 2. Under the ends of all iron beams, where they rest on the w^alls ,a stone or cast-iron template must be built into the walls, said template to be eight inches wide in twelve-inch walls, and in all walls of greater thickness to be twelve inches wide, and such templates, if of stone, shall not in any case be less than twelve inches long. R^ile 3. All brick or stone arches placed between iron floor beams shall be at least four inches thick and have a rise of at least one and a quarter inches to each foot of span between the beams. Arches over five feet span shall be properly increased in thickness, as required by the Inspector of Buildings, or the space between the beams may be filled in with sectional hollow brick of burnt clay or some equally good fire-proof material having a depth of not less than one and a quarter inches to each foot of span, a variable distance being allowed of not over six inches in the span between the beams. BUILDINGS AND THEIR CONSTRUCTION. 183 Bide 4. The said brick or burnt clay arches shall be laid to a line on the centres with close joints filled with cement mortar, to proportions of not more than three of sand to one of cement by measure. The arches shall be well grouted. Art. 353. (3) In no case shall the steps of buildings Front steps, extend on the sidewalk more than twenty-four inches, o.s." °' ^"^' under a penalty of five dollars for every day this pro- ^*^"' ' ^ ' vision shall be violated, after notice from the Street Commissioner. Art. 354. (4) All persons are forbidden to construct, windowsand or cause to be constructed, any door or window pro- ^ " *'*' ib. jecting 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 shut- ters of which open on the street, to hook or otherwise secure the same, so as to prevent accidents and not ob- struct the passage on the sidewalks. All persons vio- Penalty, lating the provisions of this section shall be fined not less than ten dollars for each offence, and five dollars for every day the offence shall continue after notice. Art. 355. That it shall not be lawful to erect, and all per- Lots filled with sons are forbidden to erect or cause to be erected, any earth* "t^o'm building whatever upon property that has been filled with ord. No. 3556, excavated earth from canals, unless same has been pre- Feb. 12, 1889. viously exposed to the action of the atmosphere for at least one year, it being understood that this does not apply to fresh soil excavated from new canals. Art. 356. That any person who shall be found guilty be- Penalty. fore the Recorder of the district in which the offence is committed, of any violation or evasion of this resolution, shall be fined not less than five dollars nor more than twenty-five dollars, or imprisonment for not less than ten days nor more than thirty days, at the discretion of the court. Art. 357. That the proprietor or proprietors of all build- iron shutters ings in the city of New Orleans, having iron shutters on "8^2!' an*d ^^ct their windows, shall cause to be attached to at least one ^'ord.':^ot'7399, shutter on each window on each story thereof some de- ^Aprii 4, 1893. vice or apparatus as required by the aforesaid acts of 184 BUILDINGS AND THEIR CONSTRUCTION. the Legislature, and that the same shall be so applied iu order that said shutters can be opened from the outside in case of fire, to secure immediate access to the build- ing on fire. Art. 358. That in case of failure to comply with there- Penaity. quircmcuts of this ordinance, the owner or owners of said 'or such building or buildings, or his or their agent, or representative, shall be subject, upon conviction there- of, of a fine not exceeding twenty-five dollars, and in default of paying said fine to imprisonment in the parish prison not exceeding thirty days. K e e a 1 e d -^RT. 359. That all previous ordinances or parts of ordi- ciause. ^^ nances on the same subject matter, be and the same are hereby repealed. For Devices for Shltters — See Fire Escapes. Deposit fees Art. 360. That the City Engineer be and he is hereby di- ^'"ord.No!6677',reeted to deposit weekly with the City Treasurer, through ^'st'pt. 6 1S92. a receiving warrant from the Comptroller, all moneys received by him for fees collected under Ordinance No. 6533, C. S., and that this fund shall be set aside and known as the Building Permit Fund, and is set aside for the payment of salaries of assistant engineers and necessary expenses incurred in the carrying out of the provisions of Ordinance No. 6533, C. S., and to be paid out on the certificate of the City Engineer, approved by the City Council. Repealing ord. Art. 361. That Ordinance No. 3327, C. S., and No. 3327, c.^s. ^jj other ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed ; this ordinance to take effect from and after its promulgation. BUDGET— See City Charter. BURIALS AND BURYING GROUNDS— See Cemeteries. CABLE TOWERS— See Towers. fl CANALS AND BASINS. 185 CLAIMS AGAINST THE CITY— See City Debt. CAMP AND COLISEUM STREET CULVERT— See Streets — Drives — Offences. Art. 362. (1) That it shall be unlawful for any per- c amp and son or persons to ride or drive any horse or any animal, .streets culvert. or wagon, cart, carriage or vehicle of any kind on the ord. No 7656, Camp and Coliseum street culverts, from Felicity street April is, 18S2. to Erato street, except when crossing at intersections, under penalty of a fine of from five to twenty-five dol- lars, or imprisonment in the parish prison for from five ^""^ ^' to twenty-five days. CANALS AND BASINS — BRIDGES AND SHELL ROADS. Art. 363. (1) That from and after the passage of opening of this ordinance it shall not be lawful for any person or Nov. fs^s. persons, except the keeper or keepers appointed by the ' ' '^^ ^* city, or the private keeper who may be appointed by a railroad company, to open any of the bridges over the canals of the city. Art. 364. That whoever shall violate the provisions penalty, of this ordinance shall be subject to a fine not to exceed as^/ ^°' '*^^^' twenty-five dollars or imprisoned in the parish prison for °^''' '^' '^' a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is com- mitted ; provided, that the fine shall not exceed twenty - five dollars for each offence, nor the imprisonment more than thirty days. Act No. 67— Approved March 27, 1873. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That the city of New Orleans shall have the right to construct and maintain a turning bridge across the New Orleans canal and Broad street for such length of time as the city may desire it, the bridge to be one hundred to one hundred and twenty feet in length, sup- ported in the centre by proper pivot and turn-table, with an opening each side of from forty to fifty feet. 186 CANALS AND BASINS. Canal Carondelet and Bayou St. John. Schooners. Art. 365. (2) The whole part of Basin Carondelet, cSien^^Digest fronting Bashi street, between St. Peter and St. Louis streets, is especially appropriated for the landing of schooners and other crafts, all resolutions to the con- trary notwithstanding. Not to land Art. 366. It shall not be lawful for any master or owner lb. of any schooner or craft whatever, landing at the Basin Carondelet, to land or suffer to be landed, within the whole part of said basin, fronting on Basin, between St, Louis and St. Peter streets, any lot of bricks, shells or firewood, under penalty of a fine of twenty-five dollars, recoverable before the Recorder of the district, or any other competent magistrate, from each owner or master of any schooner or craft violating the foregoing resolu- tion. Cargo landed Art. 367. Any pcrsou owuiug any lot of bricks, shells tion of ordi-or fircwood landed within the aforesaid space in contra- ib.vention to the aforesaid resolution, shall be liable to the aforesaid fine of twenty-five dollars for each and every day they shall neglect to remove or cause to be removed any such lot of brick, shells or firewood, which fine shall be recoverable before the Recorder or any other competent tribunal. Lumber and Art. 368. From and after the passage of this ordinance o. s.'323s. it shall not be lawful for any person to haul or draw ^ ■ ' ^' out of the Bayou St. John across or over the protection levee 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 contra- vention of this article. Place over Art. 369. It shall bc the duty of the Surveyor to des- lumber.*" ^*"' Iguatc ouG or morc 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 built good and substantial slides, with proper recesses at the places so designated, upon which such timber, etc., may be drawn or hauled without in- CANALS AND BASINS. 187 jury 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 ; Penalty. and further the sum of five dollars per day for any and every day such person shall fail to comply with the direction of the Surveyor. BAYOU ST. JOHN SHELL ROAD. Art. 370. An ordinance for the privilege of the right of Franchise, way or franchise to establish a shell road along the west juiy, "ssa?^' side of Bayou St. John, commencing at the bridge at Ordj^o. 7950. ^ Esplanade street to New York street, thence branch in direction towards Milneburg, through New York street, to London avenue, through London avenue to Frankfort street, through Frankfort street to Union street, through Union street to Columbia street, through Columbia street to Elysian Fields street in Milneburg. Art. 371. The latter branch to cross the Bayou St. John at Mexico street, through Mexico street to May street, through May street to Dumaiue avenue, through °" *' ib. Dumaine avenue to Cass street, through Cass street to Orleans street, along the east side of Orleans. street to Houston street, through Houston street to Milne street, across Milne street to Lake street, and through Lake street to the New Orleans Navigation Canal at West End. Art. 372. (1) That the Administrator of Improve- Administrator ments be authorized to sell to the highest bidder formenutoadver- cash, after fifteen days' notice in the official journal, '*^" ib. the lease of the privilege for twenty- five (25) years of con- structing and maintaining shell roads on the above named highways and streets in the manner and upon the conditions herebelow set forth, the said adjudication to be subject to the approval or rejection of the City Council. Art. 373. (2) The said shell roads to be constructed Manner of con- by the contractor in the following manner, to- wit : All ^*''"'=''<'"- j^ trees in the way of the routes above named to be up- rooted and removed by the contractor and to be his property ; a ditch to be dug on the inner side of the 188 CANALS AND BASINS. shell road along the Cardndelet Canal and the Bayou St. John, and two ditches, one on each side of all the above named streets, to be dug by the contractor; the said ditches to be (6) six feet wide at the top, (2) two feet wide at the bottom, and (4) four feet in depth below the grade to be established by the City Surveyor. The roadway be- tween the canal and bayou on one side and the ditch on the other side and the roadway between the ditches, where there may be two ditches, to be filled up and graded according to the grades to be given by the City Surveyor, at a height of at least (18) eighteen inches above the high- est storm water of Lake Pontchartrain, and to be (24) twenty-four feet wide. Twenty (20) feet in width in the middle of said roadway to be shelled with clean and sound lake shells in the following manner, to-wit: A layer of shells (6) six inches in thickness shall first be placed and rolled with a (6000 lbs.) six thousand pounds roller three times ; then a second layer of shells, also six inches in thickness, shall be placed and sufficiently- rolled with the same roller as often as may be necessary and in such a manner that the whole of said shelling when made solid and completed shall be six inches in thickness, streams to be All watcr strcams to be covered over with bridges bridged. ^^ similar in construction to those over the draining canals in the city of New Orleans. The whole of said work to be performed in accordance with the lines, grades and City Surveyor, instructious to bc givcu by the City Surveyor and to the entire satisfaction of the City Surveyor and the Honor- able the Administrator of Improvements. Art. 374. (3) The contractor shall have the right to ^^- place toll-gates at each end of the road and to demand and exact of persons traveling upon the same the follow- ing tolls, to-wit: For every person on horse or mule back, 15 cents. For every head of cattle, horse or mule, 10 cents. For every vehicle drawn by one horse, mule or cattle kind, whether loaded or unloaded with merchandise of any kind, 25 cents. For every vehicle drawn by two horses, mules or cat- CANALS AND BASINS. 189 tie kind, whether loaded or unloaded with merchandise of any character, 50 cents. For every vehicle drawn by three or more horses, mules or cattle kind, whether loaded or unloaded with merchandise of any character, one dollar. Art. 375. (4) The contractor to be bound to keep the Maintenance, road, ditches and bridges in good repair and condition during the continuance of his contract, and to keep the same properly lighted at night with'oil or electricity, to be placed by him on the line of said road at distances of not more than (250) two hundred and fifty feet apart. Art. 376. (5) The contractor to be bound to begin the when work to ^ ' ° commence. work in the (10) ten days following the approval of the i^- adjudication by the City Council, and to complete the same within five months thereafter. Art, 377. (6) The contractor to furnish good and security, solvent security in the sum of ($5000) five thousand dollars to guarantee the faithful performance of his contract, the said security to be subject to the approval of the City Council. Art. 378. (7) It is well understood that in case of Annulling of neglect or failure by the contractor to fulfil any part of '^^''"^'^ ' ib. the foregoing stipulations, the City Council shall have the right to annul the contract without putting the con- tractor in default, as required by Article 1905 of the Civil Code, and without applying to a court of justice to annul the same, and without indemnity, and it is also well understood that in case the contractor shall at any time fail to keep the road in good repair, or fail to keep all bridges on the roads in good order and condition, or fail to keep the same lighted at night, the said con- Forfeiture of tractor shall forfeit all claims he may have to said road, '^*°*^ '^^' and the city shall have the right to resell the privilege for account and risk of the contractor and of his se- curitv. Art. 379. (8) The said road shall revert to the city Reversion free of charge at the expiration of said twenty-five (25) years' privilege. Ib. 190 CANALS AND BASINS. ACTS OF THE LEGISLATURE. Act No. 144. To provide for the appointment of a superintendent and other officers for the Xew Basin Canal and Shell Road, to prescribe their duties and to fix their salaries, and to create a board of control for said Xevv Basin Canal and Shell Road, and to prescribe their powers and duties. Section 1. Be it enacted by the Oeneral Assembly of the State of Louisiana, That there shall be appointed by the Governor, by and with the advice and consent of the Senate, a board of control for the New Basin Canal and Shell Road, to be composed of five members, three to be chosen from the parish of Orleans, and two to be chosen from any two of the parishes of Ascension. Liv- ingston, Tangipahoa and St. Tammany. The members of said board of control shall serve for a term of four years, and until their successors are qualitied, unless re- moved in the manner and for the causes hereinafter named. A majority shall constitute a quorum. They shall elect one of their number as chairman, who shall serve as such during their pleasure, and their secretary shall be the book-keeper for the canal, who shall, in addition to his other duties, keep full and complete minutes of all proceedings of said board, which shall be open to the inspection of the public. Said board shall have their domicile in the parish of Orleans, and shall have the capacity of suing. They shall represent the State in all matters pertaining to said New Basin Canal and Shell ;Road, and shall carefully and faithfully guard and protect all their rights and interests, and call upon the Attorney General as the legal adviser of the State, when necessary for advice and as- sistance. In any and all cases, where bond is required by law in legal proceedings, the said board of control shall be dispensed from giving such bond, and no court of this State, or officer •thereof, shall demand of said board any deposit or security for •costs, or any advance costs, but all costs for which said board may become liable shall be paid as other expenses of the Canal and Shell Road. Sec. 2. Be it further enacted, etc., That said board of control shall meet at least once a month, and may hold special sessions when necessary. The members shall serve without compensa- tion, but those residing outside of the parish of Orleans may have their actual traveling expenses paid, as other expenses of the Canal and Shell Road; provided, that said actual ex- penses shall not exceed ten dollars per month. Sec. 3. Beit further enacted., etc.. That in addition to the pow- ers granted and the duties prescribed by other sections of this act, the said board of control shall have the general control and management of the said Canal and Shell Road. They shall direct all repairs and improvements made thereon, contract for necessary work and labor; contract for and purchase all neces- sary boats, machinery, material and supplies; examine and approve all claims against the Canal and Shell Road, and shall lease whatever property belongs to the Canal and Shell Road not necessary for their use, but no lease of said property shall ex- tend beyond their terms of office without the advice and consent of the Governor. CANALS AND BASINS. Sec. 4. Be it farther enacted, etc.. That there shall be appointed by the Governor, by and with the advice and consent of the Senate, to manage the same, a superintendent for the New Basin Canal and Shell Koad, who shall hold his office for the term of four years, unless removed in the manner and for the causes hereinafter named. He shall give a bond in favor of the Gov- ernor, with good and solvent security, in the sum of ten thousand dollars, to be approved by the board of control, conditioned for the faithful performance of his duties and of the duties of all the officers and employees subordinate to him in the management of the affairs of said New Basin Canal and Shell Road, and he is hereby authorized to exact bond and security from such of his appointees as he may deem proper; provided, said bonds shall not be over and above one-half of the bond of the superintendent. The salary of the superintendent shall be eighteen hundred dol- lars per annum, payable monthly on his own warrant. Sec. 5. Be it further enacted, etc., That the superintendent shall have under his immediate control and supervision, except in so far as the same may contlict with the powers herein granted to and duties imposed upon said board of control, all the property and affairs of said New Basin Canal and Shell Road and their appurtenances, the government and management of the same, all responsibilities of their administration, and he shall faithfully see, under penalty of dismissal from office, that no person or business be given any undue advantage, preference or special privilege or be subjected to any disadvantage or dis- crimination, but that the affairs of said Canal and Shell Road shall be administered with perfect fairness and impartiality. Sec. 6. Be it further enacted, etc.. That the superintendent shall be allowed for the management and control of the said New Basin Canal and Shell Road one harbor master, whose salary shall be seventy-tive dollars per month; one book-keeper at a salary of one hundred dollars per month, who shall also be secretary of the board of control ; one toll-gate keeper at a salary of forty dollars per month, with the toll-gate house for a resi- dence; two bridge-keepers at a salary of fifty dollars each per month. Sec. 7. Be it further enacted, etc.. That the employees enu- merated in section 6 of this act, and all mechanics, laborers or other persons engaged in the performance of any duty on said Canal and Shell Road shall be chosen and appointed by the su- perintendent, with the consent and approval of said board of control, and said mechanics and laborers and other persons above mentioned shall be discharged by the superintendent for any want of capacity or other good cause at his pleasure, but the salaried employees above mentioned shall be discharged for want of capacity or other good cause by the superintendent with the consent of the board of control. Sec. 8. Be it further enacted, etc.. That the bridge- keepers ap- pointed by the authorities of the city of New Orleans to any bridge or crossing over the New Basin Canal shall, upon com- plaint of the superintendent to the Mayor of the city of any re- missness of duty or wrong-doing in connection with his duty as bridge- keeper, be summarily removed from further service as such, and all such bridges shall be opened at any hour, both day and nig t, below Magnolia bridge. Sec. 9. Be it further enacted, etc.. That the said board of con- trol shall, without delay, cause to be provided by purchase or contract a suitable propeller or tug, of sufficient dimensions or power to perform all necessary towage through or in said New 192 CANALS AND BASINS. Basin Canal, and the fees for such towage shall not exceed five cents per ton each way, payable at the office of said canal, at the time a vessel shall procure her pass for regular tonnage at twenty cents per ton,- and that a ticket, separate from her regu- lar pass, shall be delivered to said vessel, as evidence that said towage has been paid, and shall be delivered up together with the pass before passing through the toll bridge; provided, that all propellers or tugs towing their own barges or flats shall be exempt from all dues, provided they carry no freights, and pro- vided, further, that all steamers or other vessels plying to the coast watering places may be permitted to enter said canal, and remaining below the present lower or outer canal bridge, to dis- charge or take on board her passengers or freights, shall pay only one cent per ton measurement, but shall pay the regular dues and tonnage on all barges used by them for moving their cargoes through said canal, but no vessel or water craft coming into said canal in stress of weather, or pleasui'e. or race yachts, shall be liable for any dues; provided, they remain below the said outer bridge. Sec. 10. Be it further enacted^ etc.. That all rafts of logs, or square or spar timber of any description, or fraction thereof, shall pay thirty cents per thousand feet, board measure, which includes towage and place of landing. Sec. 11. Be it further enacted, etc.. That no lumber, wood, staves, brick, sand, shell or other articles of commerce, shall be allowed to remain upon the banks of the canal or basin for a longer period than ttfteen days from the date of its discharge, under a penalty of having the same removed and stowed at such place as may be selected by the superintendent, at the risk and expense of the owners thereof, and the expense of such removal and storage shall constitute lien and privilege upon the articles removed and stowed, and the charges therefor shall be paid be- fore delivery of the same, and if the owner or owners of the property removed and stowed shall fail, neglect or refuse to pay said charges within twenty days from the time said property is removed and stowed, the said board of control shall cause the same to be seized and sold, after ten days* advertisement, to pay said charges for removal and storage, and the costs of said seiz- ure and sale. The said board of control and the said superin- tendent shall promptly, faithfully and impartially enforce the provisions of this section, and any failure or neglect on their part to enforce the same shall be a sufficient cause for their re- moval, and they shall be summarily removed by the Governor. Sec. 12. Be it further enacted, etc.. That the canal shall be kept free from all obstructions whatever for the width of sixty feet; that all rafts of logs or of square or spar timber, or fractions thereof, and all timber of every description shall always be so placed as to leave the said width of sixty feet wholly unob- structed, and said logs and timber shall be kept securely con- fined within the basins or turnouts of the canal, or securely fastened to the banks of the canal and basins with chains of wire rope at each end of said logs or timber, and said logs or timber shall not be permitted to float loose or sink. Any log or piece of timber found loose or floating in the canal or sunk there- in, or sunk in any of its basins, shall be immediately taken up by the authorities, and the owner or owners of said log or piece of timber shall pay to the canal a flne of two dollars, and if th( owner of said log or piece of timber be unknown, the superin- tendent of the canal shall sell the said log or timber and place the proceeds to the credit of the Xew Basin Canal and Shell CANALS AND BASINS. 193 Koad fund. The owner or owners of any vessel which may be- damaged hy any log or piece of timber placed or kept in viola- tion of the provisions of this section, or by any log or piece of timber floating in a manner herein prohibited, or sunken, shall recover from the owner or owners of said log or timber double- the amount of damages suffered and costs, together with a rea- sonable amount for attorney's fees, to be recovered in any^ court of competent jurisdiction in the parish of Orleans, or at the domicile of the owner or owners of said logs or timber, as the plaintiff may elect. Sec. 13. Be it further enacted, etc.. That no steamer nor sail vessel shall be permitted to steam or sail up or down said basin or canal; provided, however, that steamers may be permitted to- steam np or down said basin or canal at a rate of speed not ex- ceeding three miles per hour, and that such permission shall not be so construed as to release such steamers from the aggregate fees of thirty cents per ton admeasurement. Sec. 14. Be it further enacted, etc.. That the rate of toll for travel on the shell road shall be as follows, viz. : For tricycles, bicycles and velocipedes, five cents; for a single horse or other animal, ten cents; for every one-horse vehicle, thirty cents; for double team, forty cents; one-half to be paid at either toll-gate in passing in the direction of the lake. Each toll-gate keeper shall make daily report of the number and character of the vehicles passing the toll-gates and^pay over all money received by them to the superintendent daily, taking his receipt therefor; the superintendent shall adopt and have a system of checks by which the tolls received on the shell road are shown and verified, and it shall be the duty of said superintendent to examine the said checks at least once in every week, and satisfy himself that the toll-gate keeper has made full returns of the tolls collected by him. Any neglect of duty on the part of any toll-gate keeper shall subject him to summary removal. So horse, buggy, carriage or other vehicle shall be allowed to pass without paying the reg- ular toll ; provided, that actual residents at the lake end or residing on said shell road shall pass to and fro, free of charge, being first provided with a free pass from the superintendent, which shall in no case be transferred, under penalty of forfeiture. The canal authorities shall not be required to keep in repair the upper part of the shell road, and their failure to keep the same in good con- dition or repair the same shall not affect their right to demand and receive the rate of tolls herein fixed. The board of control may, if they deem proper, change said rate of tolls, and adopt any and all necessary regulations for the administration of said shell road. Sec. 15. Be it further enacted, etc., That the said superin- tendent shall, under the direction of the said board of control, proceed without unreasonable delay to repair and improve said canal and shell road, and he shall keep the said road in good con- dition and proper width, not less than twenty-five feet wide from Metairie ridge to the lake end of said road, and to dredge out said basin and canal and the bar at the entrance of the canal at the lake to the depth of not less than eight feet at low tide; said work of dredging may be done by contract or otherwise, as may be determined by the board of control ; if by contract it shall be let out to the lowest bidder, after due advertisement of specifications, and if otherwise undertaken by the State, com- plete labor, pay rolls and itemized accounts of expenses and ex- penditures shall be kept and presented monthly as other vouchers or authorized expenditures. All material for the use 194 CANALS AND BASINS. of the canal and shell road shall be purchased by the board of control or the purchase thereof authorized by them, and without their approval no purchase shall be made. All contracts, labor and otherwise shall be made by the board or by the superintend- ent, with their approval ; all the expenditures shall be made by the board or by their authoi'ity ; they shall keep itemized state- ments of all expenditures and of all purchases made on behalf of the canal and shell road, showing specitlcally the nature of such expenditures and the character of the purchases made, the prices paid therefor, and from whom purchased. Sec. 16. Be it fnrther enacted, etc., That the salary of the superintendent and other ofHcers and employees engaged in the working and management of said canal and shell road, all boats and machinery needed therefor, and every species of material required for repairs or improvements shall be paid for out of the said Xew Basin Canal and Shell Road fund by a warrant drawn thereon by the special order of said board of control, signed by its chairman and secretary, and countersigned by the said superintendent. No perquisites shall be allowed to be charged or received, directly or indirectly, by the superintendent, ofHcers or employees of the canal and shell road, or bj^ the members of said board of control, nor shall any of said persons or any mem- ber of said board be allowed to have any interest, direct or in- direct, in any tugboat, towboat or dredgeboat used or employed by said canal, or in any purchase or contract made for material or supplies for said canal or shell road, or in any contract for their repair or improvement. Sec. 17. Be it further enacted, etc., That the superintendent shall have authority by this act, with the approval of said board of control, to make from time to time, such rules and regula- tions for the better government of steamers, schooners or other water craft, within the basin and canal, as shall seem to him best, for the place and manner of discharging cargoes, and the length of time all such water craft shall be allowed to occupy a place in the basin or canal, and for the better regulation of such employees as shall be engaged on the shell road and canal, not inconsistent with this act, and he shall, with the approval of the board of control, tix a penalty for every violation of such rules and regulations, to be collected in the manner and form laid down therein, and a copy of such rules and regulations shall be furnished to steamers, schooners and other water craft plying in said basin and canal, and all tines collected for violations of such rules and regulations shall be paid as other monej's into the Xew Basin Canal and Shell Road fund. Sec. is. Be it fnrther enacted, etc.. That the office of the superintendent shall be the ticket office and office of the board of control, and located and kept at some convenient place on said New Basin Canal, for the transaction of the business thereof, and said office shall be kept open from half-past six -o'clock A. M. until six o'clock p. m. daily (Sundays excepted). Sec. 19. Be it further enacted, etc.. That the superintendent shall, in addition to the exhibits required of him in section 16 of this act, annually make a full and detailed report of all the operations and transactions had in the management of the said New Basin Canal and Shell Road, of the tonnage, towage, shell road travel, of the amounts received from every source daily, the expenses incurred, the extent and kind of every improve- ment, cost of the same, which report shall be transmitted to the board of cor trol and br them to the Governor. CANALS AND BASINS. 195 Sec. 20. Be it further enacted, etc.. That the Governor be and is hereby vested with authority to dismiss, upon the com- plaint of the board of control or of any other live respectable persons, veritied by oath, the said superintendent of the said Xew Basin Canal and Shell Road from further service, for viola- tion of any of the provisions of this act, incompetency, neglect of duty, absence without leave, intoxication, retaining subor- dinates or employees unfit for service, malfeasance in office, or for any other good and sufficient cause, and especially for anj"- of the causes mentioned in section 18, after having investigated the charges and complaints made against said superintendent. Sec. 21. Be it farther enacted, etc.. That the Governor be and is hereby vested with authority to dismiss from otlice any mem- ber of said board of control for neglect of duty, intoxication, malfeasance in otHce. and he shall dismiss any member of said board for any violation of section 18 of this act. Locks and Embankments. ACT No. 66 —Approved March 27, 1879. Section 1. Be it enacted by the Senate and House of Rep- resentatives of the State of Louisiana, in General Assembly convened. That the city of Xew Orleans, through its officers; shall have the right to construct such locks and side embankments as may be deemed suitable by the authorities of said city; provided, that the navigation of said canal be not impeded for a greater time than . forty-eight hours, the width of the openings to be tifty feet; all the works necessary for said construction and the expense of future repairs and attendance to be at the cost and expense of the city of Xew Orleans. The gates shall remain open during such times as the lake water may be five feet six inches below the Metairie ridge, or twenty-five f e^t six inches below the datum line, being about ocean level for the city levels established by the City Surveyor's department. Whenever it shall become neces- sary to close the gates, vessels shall be passed through without unnecessary delay. The city of Xew Orleans shall also have the right to construct a double track turning-bridge on a line with the roadway of protection levee, across the Xew Orleans Canal and the Bayou St. John, the cost of construction and mainte- nance of which shall be borne by the city of Xew Orleans, and said bridge shall be promptly opened for the passage of vessels, subject to such regulations as the City Council may order. CONSTITUTION OF 1879. Akt. 180. The Xew Basin Canal and Shell Road and their appurtenances shall not be leased nor alienated. The General Assembly, at its first session after ratification of this Constitution, shall provide by law for a superintendent to be appointed by the Governor upon the recommendation of the captains and owners of vessels plying in, and of merchants doing 196 CEMETERIES AND INTERMENTS. business on said canal, to manage the same; and shall enact laws for the regulation, maintenance and management of said canal and shell road ; provided, dues shall not exceed ten cents per ton on the measurement tonnage of all vessels entering therein. The depth of water in the canal basin and on the bar at the mouth shall be kept at the depth of at least eight feet; pro- vided, that all expenses of improving and maintaining said canal, shell road and appurtenances, including the wages and salaries of employees, shall be paid out of the revenues thereof, and not •otherwise. For compromise with Louis Gasquet for draining in Old Canal see No. 994, New Series. Approved August 28, 18(38. Ordinance No. 3235. Approved February 26, 1867. Canal Company, New Orleans and Ship Island, for act of incorporation see Acts of 1868, No. 148, p. 185, and 1869, p. 49, No. 51. CEMETERIES AND INTERMENTS. Tomb ma- Art. 380. (3) All tombs must be built of the best **Oni!No. 3174. kind of brick or stone, laid in mortar, with the proper ec. 26, 1 5 . pj,QpQp^JQn of t}ig ]3gg^ cement and sharp sand and cov- ered with bitumen on the ground floor of each tomb, with walls not less than nine inches in thickness, and plastered. All the tombs must be kept in good order, and it shall be the duty of the sexton to notify the owners thereof to have them repaired ; otherwise it shall be done by the city at the expense of the owners, who shall be fined in a sum not exceeding fifty dollars. Cemeteriesof Art. 381. (5) The various churches and associations associa >ons.^^ owuiug ccmcterics are authorized to use them under such regulations made by them from time to time as may not conflict with city ordinances. Removal of Art. 382. (6) All persons who may hereafter erect tombs or vaults within the public cemeteries shall be re- quired to remove therefrom, immediately after the con- struction of a tomb or vault, all bricks, mortar, sand, lumber and other materials that may remain ; and it is made the duty of the sexton to see this section of this ordinance enforced ; and every person violating it shall be subjected to a fine of ten dollars for every offence. ord.'No.iiyi, Art. 383. That all sextons shall inter, within the Ma^rch24, 1885. shortcst po^siblc delay, all deceased persons who may be CEMETERIES AND INTERMENTS. 197 conveyed to their respective cemeteries, in graves to be dug not less than three feet in depth, to be at a distance of at least two feet from each other, according to such limitation as shall be described by the City Surveyor, and in pursuance of such directions as they may receive from the Commissioner of Police and Public Buildings, or the City Council ; and it shall be the duty of each of Duties of. said sextons to keep a book, in which they shall insert, according to their dates, the name, sex, age, buvsiness and place of birth of each and every person they shall bury in the ground, or deposit in tombs ; to take care that no damage be done to the tombs and fences, to pre- vent cattle and beasts from going into said cemeteries ; to deliver daily to the Chief of Police a certified copy of the burials set forth on their books, whenever required by the Mayor or Council, and to deliver over to their successors said books. And in default, refusal or neg- lect on the part of any sexton to comply with any or all i*'="*"y- of the foregoing provisions he shall be fined by the Recorder having jurisdiction from five to twenty-five dollars for each and every offence, and in default of payment to imprisonment from five to thirty days in either the parish prison or police jail, at the discretion of said Recorder. Art. 384. (2) That the price or charge for entombing charges. and burying in each of the cemeteries belonging to the ^''• city of New Orleans shall not at any time exceed the following sums or rates of charges, to-wit : For every adult, in city ground, $5, sexton's fee..$l 50 For every child, in city ground, $2.50, sexton's fee 1 00 For charity adult 1 25 For charity child 75 For interments in tombs, vaults or graves of asso- ciations 3 00 For opening and closing of vaults, graves or tombs to be paid by owners thereof, for each opening and closing 5 00 Art. 385. (3) That all ordinances or parts of ordi- 198 CEMETERIES AND INTERMENTS. nances in conflict herewith be and the same are hereby repealed. GRAVES AND TOMBS. Tembs, vaults, Art. 386. (24) No toKib, gravc or vault containing ''^june°?879. anj dead body shall be opened without permission, in oA""'no!'^ 507^, writing, from the proper officers of the Board of Health, ^' '^' and no human body or remains thereof, within the juris- diction of said board, shall be disinterred or disen- tombed without its written authority, or be removed ^rom or brought within the limits of the city of New Orleans without snch authority first obtained. Sextons' re- Art. 387. (25) Evcry sexton or other person having and how'^ni'ad" charge of auy cemstcry, graveyard or burying^ground ^^' shall, on Monday of each week, before the hour of 9 A. M., make a written report and hand the same into the office of the Board of Health ; which said report shall contain the full name of each and every person buried in such cemetery, yard and ground during the seven days next preceding 6 o'clock p. m. of the last Sunday before making such report, together with a statement of the color, sex, age, nativity, the cause of death of such person, occupation, place of death, social condition and birthplace of parents ; also what inter- ments were made in the ground and what interments in vaults or tombs, together with the numbers and owners of said vaults or tombs, and such other information as the Board of Health may from time to time require. Within city Art. 388. That it shall be unlawful hereafter for any '"ord. No. S7S0. person or corporation to bury any human body within ^"nov. 10, .S9i.the limits of the city anywhere outside of a duly author- ized public cemetery. Art. 389. That any person violating this ordinance ^^- shall be punished 'by a fine not exceeding $25, or im- prisonment not exceeding thirty days in default of pay- ment of the fine, and that all ordinances contrary to this ordinance be repealed. Art. 390. (12) Any person or persons who shall wan- tombs, etc, tonly damage and destroy the enclosures of any grave, o. sV ■ ' tomb or monument, or damage the tomb or fence of any Penally CEMETERIES AND INTERMENTS. 199 cemetery, shall be liable to a fine of not less than ten nor more than fifty dollars. Art. 391. That whoever shall violate the provisions of Pen*ity. this ordinance shall be subject to a fine not to exceed c. | •■^°-'^9S9. twenty-five dollars, or imprisoned in the parish prison for ^<=- ' > ' a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is com- mitted ; provided, that the fine shall not exceed twenty- five dollars for each offence, nor the imprisonment more than thirty days. Art. 392. (13) Any person or persons who shall impropercon- enter the cemeteries and be guilty of breaking the trees te"r?es.*" or shrubbery or defacing the tombs or committing anyo. sV °'^'''^' other depredations, or using any profane or improper language while on the premises, or sell or offer for sale any refreshments or fruits of any kind within said ceme- teries, shall be liable to a fine each of not less than five nor more than twenty-five dollars for each and every offence. Art. 393. (14) It shall be the duty of every person Burial of at whose domicile any person shall have died to cause ° '^^* ib. the same to be buried within forty-eight hours after his death ; and any person offending against this section of this ordinance shall pay a fine not exceeding one hundred dollars for each offence. Art. 394. (15) No drays, carts, carriages or other vehicles in vehicles shall be permitted to enter any cemetery. cemeteries. ^^ Art, 395. That whoever shall violate the provisions of this ordinance shall be subject to a fine not to exceed twenty-five dollars or imprisoned in the parish prison ord'^No 496c, for a term not to exceed thirty days, or both, or im-^-^-^^ o^ prisoned in the said parish prison for a term not to ex- ceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprisonment more than thirty days. Art. 396. (17) It is hereby made the duty of the 200 CEMETERIES AND INTERMENTS. sheriff to give immediate notice to the Commissioner of Police and Public Buildings of the death of any prisoner or prisoners confined in the parish jail, and it shall be ^sonirs"^ P"®" the duty of the said commissioner to have said bodies ^"|^-^°-3>74, interred in the same manner as is provided for the indi- gent poor ; provided, that in all cases the friends of the deceased shall have the privilege of burying them at their own expense. Sexton to make Art. 397. (20) The scxtous shall possess the power arres-ts. ^^ ^^ causc to bc arrcstcd all persons who shall violate any of the provisions of the foregoing ordinance relating to cemeteries or interments. See "Police." Sextons to post Art. 398. (21) That a priutcd copy of the ordinance IS or '"*"^^| relative to cemeteries and interments be placed in a con- spicuous position, at each entrance of all the aforesaid cemeteries within the incorporated limits of the city, for reference, at the expense of the sexton of each cemetery ; and in case of neglect or refusal of the sex- ton in charge of such cemetery to comply with the pro- visions of this ordinance, he shall be liable to a fine of ten dollars per day for said offence, recoverable before any court of competent jurisdiction, for the benefit of the city. Permission of Art. 399. (22) After the passage of this ordinance t^abirsh" cen^l; ^^^^^ ^^^^^ ^^^t bc established within the limits of this teries. ^^ qj^j ^j^y csmetcry or depository of the dead, without first having obtained permission from the Common Council, under a penalty of twenty-five dollars per day for each and every day such establishment shall exist. Repealing Art. 400. (23) All Ordinances and parts of ordinances clause. ^^ conflicting with the provisions of this ordinance and all ordinances on the same subject are hereby repealed. Duty of sexton Art. 401. (1) That the keepers of the several ceme- 62830. t>. teries within the city of New Orleans shall, before re- ceiving for interment within their respective cemeteries any body of any deceased person, see that the require- ments imposed by the existing laws of the State have been complied with. CEMETERIES AND INTERMENTS. 201 Penalty to other offendf rs. Art. 402. (2) Every burial certificate shall bear the Necessary cer- endorsement of the Recorder of Births and Deaths of ' ^^^^ ib. the parish of Orleans, that such requirements of ex- ^isting: State laws have been fully complied with. Art. 403. (3) Any keeper of any cemetery failing to Penalty against ^comply with the requirements of the first section of this ^^'^ °"' ib. )rdinance shall pay a fine of fifty dollars, to be collected [in any court of competent jurisdiction, for the benefit of [the city. Art. 404. (4) Any person who shall convey to any Lcemetery within the limits of the city of New Orleans llhe body of any deceased person, to be therein in- terred, without the certificate and endorsement required )y the second section of this ordinance, shall pay a fine lof fifty dollars, to be collected in any court of competent jurisdiction for the benefit of the city. Art. 405. (5) The physicians of the city are hereby Dutyofphy jquired to inform all persons applying for burial cer- ^"^'*"*- j^, tificates that the same will not be received by the keep- ers of the several cemeteries of the city unless they shall lave been endorsed by the Recorder of Births and )eaths of the parish of Orleans in accordance with sec- ion 2 of this ordinance. Art. 406. (8) From the effect of this ordinance are jxcepted the body or bodies of such person or persons rho shall have died in the charity or marine hospital, in le army or navy, and all such as shall be ordered to be iterred upon the production of the certificate of the ,'oroner. Art. 407. (9) The Recorder of Births and Deaths D„ty jhall procure monthly a list of such persons who shall o^thsf ive died in the charity and marine hospitals, and also such as shall have been interred upon the production >f the certificate of the Coroner, as mentioned in the preceding section of this ordinance, and record the same the books of his office. Exception?. Ib. of Re- r o 1 firemen's cemetery, fifth district. Art. 408. (l)That permission is hereby granted to the Firemen' s Charitable Association of Algiers to establish 202 CEMETERIES AND INTERMENTS. Establishing ^ cemetery in square No. 23, bounded by Webster ave- cemetery. .; -a ? ^ Ma|, 1878. nue, Washington, Lapeyrouse and Socrates streets, in the Fifth District, the said cemetery to be conducted in strict accordance with existing ordinances. Cemetery in ^^T. 409. (2) Hereafter no person shall be buried in Fourth Dist. ^Yie ground of the cemetery, or the square comprised within Washington, Sixth, Prytania and Plaquemine streets, of the Fourth District, and in future no inter- ments shall be made therein, except by persons owning lots, vaults or tombs ; and further, that the St. Joseph Asylum, of the Fourth District, may use square No. 271 for burial purposes. HOLT CEMETERY. Establishing Art. 410. (2) That the Administrator of Police be *^*Apru7«'879. and he is hereby authorized to lay off a lot of ground on ■ * the Lower City Park, at the intersection of the St. Louis and New Metairie road, and that said lot of ground be known as Holt Cemetery ; and that the Administrator of Police be and he is hereby empowered to properly fence in said ground and have any other work done that may be necessary ; provided, that the same does not amount to over $500. ISRAELITE CHARITABLE ASSOCIATION CEMETERY. Israelite chari- ^^T. 411. (3) Pcrmission is hereby granted to the c*ati^on.''^*^°" officers and members of the Israelite Charitable Associa- as.tS- *^^^ ^ ^P^^ *^^ square of groimd No. 84, bounded by St. Louis, Bernadotte, Toulouse and Antoine streets, for the purposes of establishing a cemetery, provided the same be properly enclosed with a good and substantial brick wall ; and provided further, that all ordinances and resolutions of the City Council which are now or may hereafter be passed by said Council relative to ceme- teries be strictly complied with. ''LOCUST grove" CEMETERY. Art. 412. (4) That the Mayor of the city be and he is hereby authorized to purchase of Ranon Marton a cer- CEMETERIES AND INTERMENTS. 203 6339- tain portion of land known as square No. 363, Fourth New District, bounvled by Sixth, Seventh, Magnolia and Lo- i^s- cust streets ; the same to be used for cemeterial pur- poses ; provided, the titles be examined and approved by the City Attorney, and the cost do not exceed the sum of two thousand seven hundred and fifty dollars. Art. 413. That square No. 363, bounded by Sixth, Establishing cemetery. Harmony, Locust and Magnolia streets, be used for a Mar. 1877. burial ground, and to be known as the Locust Grove Cemetery No. 2. That the Administrator of Police be and he is hereby authorized to enclose said square with a picket fence. seventh district CEMETERY. Art. 414. (5) That from and after the passage of this pHce ofiots. ordinance until further action by the Common Council , ^I'.^s^W?^ the price of lots in the Seventh District (late Carrollton) ^'^^^^ •^°- 979, Cemetery shall be fixed at $20 each. Art. 415. That the Commissioner of Police and Public outv of Ad- Buildings be and he is hereby instructed to execute this pou'ce!*'"*^ ordinance, and generally to provide such other regula- tions as may be necessary for the proper administration of the said cemetery. See Ordinance, A. S., Nos. 1217. 3051, 3863, 3998, 4446, 4509, 4588, 4751, 4996. 6829, 7301. VALENCE CEMETERY. Art. 416. (6) That the Administrator of Police be ^ ,. , ^ ' Donation of and is hereby authorized to donate to the Ladies' Evan- lots- •^ Jan., iSSi. gelical Lutheran Church four lots of ground, Nos. 104, a. s. 6829. 105, 106 and 107, in Valence Street Cemetery. Art. 417. That from and after the passage of this or- ^ ^ ^^ ^^^^ dinance the price of lots in the Valence Street Cemetery A«Kust, issi. be reduced from forty-five dollars to thirty dollars, and all ordinances or parts of ordinances in conflict with this be and the same are hereby repealed. WASHINGTON CEMETERY. (Formerly Lafayette.) Art. 418. (7) That the Administrator of Police be and he is hereby directed to cause that part of Lafayette 204 CHEMIST, CITY. Price of lets. Cemetery No. 1 along the enclosure of Prytania, Sixth A. s'.'i2i7.' and Coliseum streets to be surveyed into lots measuring nine by five feet, and the price of such lots shall be not less than sixty dollars each. ACTS OF THE LEGISLATURE. AN ACT RELATIVE TO PUBLIC CEMETERIES. Cemeteries ex- SECTION 1. Be it further enacted by the Senate and House of Bep- TaxHtfon sal^ **^*^"^^^^^^* of the] State of Louisiana, in General Assembly convened, and ni o rt- That all public cemeteries for the purpose of interment, with the ^ monuments erected thereon, whether owned by religious or charitable corporations or associations, by municipal corporations or by individuals, shall be forever exempt from taxation and from seizure and sale for debt, and shall never be susceptible to mort- gage, whether legal or conventional. Right to sell Sec. 2. That all religious denominations and congregations of o*nnierme'ilt°^* ^^^® State, and all other associations which now own or may hereafter own any portion of land destined as a place for inter- ment of the dead, shall have the right to sell, convey and transfer such parts, fractions or lots of the same as may be necessary and proper for interments ; the acts of sale, conveyance and transfer shall be passed under such form as may be prescribed by the by- laws or special resolutions of the religious denominations, con- gregations or other associations. Acts of sale so made shall be equally authentic, and impart full proof as if they had been passed before a notary public and two witnesses. It shall not be necessary to record them in any public office, nor shall it be law- ful for the Recorder of Mortgages in any city or parish of this State to record or to certify the existence of any privilege or Exemptions, mortgage bearing on said lots. The lots shall be forever free from taxation, and from seizure, attachment or sequestration for debts of any owner, whether belonging to the successions of de- ceased persons or to surviving friends. Certain laws ^^c. 3. That all laws or parts of laws contrary to this act, and repealed. ^Q laws on the Same subject-matter, except what is contained in the Civil Code and Code of Practice, are repealed. Act of 1855, p. 118, approved March 12, 1855. See Civil Code, Art. 447. CHEMIST, CITY. Office created. Art. 419. That the office of Analytical Chemist of the o."s.'63?s^' city of New Orleans be and the same is hereby created ; i!s.'''^°'^'^'the officer thereof to be appointed by the Mayor, and to • 7. 'S93. j.gggjyg ^ monthly compensation of one hundred dollars, i CHIMNEYS, STOVES AND STOVEPIPES. 205 to be paid on the pay roll of city officers. This ordi- nance to take effect from and after its approval by the Mayor. CLERK OF CITY COUNCIL. See City Council and City Charter. Art. 420. That the Clerk of the Council be allowed Assistant an assistant, who shall attend to such other duties ^ord". no. 3, as the Council may order, said assistant clerk to be ^'nov. 23, iss*. elected by a majority of the Council, at such a salary ^s may be hereafter fixed. Art. 421. That the Clerk of the Council be and he is Minutes of hereby directed to mail or send to each member of this Ord. Vo. lo,- Council a printed copy of the minutes of each meeting ^^I'eb". i^, 1895. of the Council, as early thereafter as the same shall have been printed, in order to enable each member to analyze such minutes in time before the next meeting of the Council. This order is intended to supersede the practice of lay- ing such copies on the members' desks on the night of the Council's meetings, which practice precludes the members' right to intelligently pass upon said minutes before adopting them as a whole. See Organization. CHIEF OF POLICE— See Police. CHIEF CLERKS. See Sec. 39 of City Charter. CHIMNEYS, STOVES AND STOVEPIPES. Art. 422. (10) All discharging or arched pieces used AUdischarg- in the chimney of any building hereafter erected or p"fcesforecedJ built in the city of New Orleans shall recede from any Tnches?*' *'* flue in the chimney at least six inches (6), and all chim- un^d"^* ^° ^' ney fines shall be lined with terra eotta lining from top to bottom. 206 CHIMNEYS, STOVES AND STOVEPIPES. Chimneys how Art. 423. In no building shall any wooden girdeiv beam or timber, resting on the walls, be placed nearer than eight inches (8) of any flue, whether the same be smoke, air or any other flue. No chimney shall be built against any piece of timber, nor shall any tim- ber be used in the construction of any chimney flue. No plank or other combustible material shall be laid on chimney tops. No oven, furnace or forge shall be con-' structed against a partition wall unless a counter wall of masonry be made ; provided, that if the partition wall be made of brick or stone, a space of one foot (1) shall be left between, and if of pales or plank a space of four feet (4) ; and if any one shall find any chimney, oven. Mayor to cause furnace, forgc Or apparatus so defective as to be dan- chim^evs°'togerous, lie shall make a report of same to the Mayor, or re'^pairJd. * who shall causc samc to be examined, and satisfying c.'s. "' ^'^^' himself of the dangerous condition of said chimney, oven, furnace, forge or apparatus, shall, in writing, direct the owner or his agent to repair or remove the cause of such danger within such time as he shall deem reason- able. Chimneys of Art. 424. All chimucys of dwellings, offices, stores, dwellings to be , , » n j. i • properly lined, churches, fumaccs, forges, ovens or apparatus, having c.s. ' ""^""^''aii area not exceeding 250 square inches, must be lined ay 23, '^3-^-^jj gj,g ^jg^y ^j, terra cotta lining at least five-eighths of an inch thick, and from top to bottom. Such clay or terra cotta lining shall be immersed in water at least ten minutes and no more than one hour before being laid in the chimney, and all bricks used in such chim- ney shall be immersed in water in the same manner ; spraying from hose or dashing of water from buckets will not be regarded as sufficient for bricks to enter in the construction of chimneys. Lining. Art. 425. All chimneys of an area larger than 18x18 'inches shall be lined with fire brick laid in fire clay from top to bottom. AH joints to be thoroughly filled, struck and smooth. Inspector's Art. 426. For the furtherance of the benefits contem- ib. plated in this section, the inspector may enter premises, may remove bricks from any part of the chimney for CHIMNEYS, STOVES AND STOVEPIPES. 207 the purpose of ascertaining whether the lining has been placed in proper manner ; the bricks removed to be re- placed by the owner of the premises. Art. 427. The owner or builder will furnish every owner or „ ... , . , n J^ ^ -i • , builder to assist facility to the inspector for the clear and unequivocal inspector, examination of any chimney. Art. 428. Should it be discovered on examination that chimneys to no lining has been put in any chimney which has " ' ib. been built subsequent to the passage of this amendment, said chimney shall be torn down and rebuilt with the proper flue lining, and at the expense of the owner of the premises. Art. 429. The City Engineer is obligated to keep in a Record, proper book a complete record of all chimneys built in compliance with this ordinance, and shall, on the re- quest of any parties, be obligated to furnish certificate to that effect. Art. 430. That the parties not complying with this Penalities, amendment shall be subject to all the penalties pro- vided under Ordinance No. 6533, C. S. See Buildings, Akt. 344, p. 180. Art. 431. (24) The chimneys of all forges and fur- chimneys of naces connected with steam engines, used in factories of tonl^to'exte^nd every description, and other establishments, shall be ""cw. No. 6533, carried up at least twenty feet (20) above the high- est peak or portion of any building within a radius of one hundred feet (100) from said factory or estab- lishment, and all such chimneys shall have caps on them so constructed as to prevent cinders and soot from fall- ' ing upon neighboring houses. Art. 432, It shall be the duty of each owner or occu- chimneys to pant of every house within the city or suburbs to sweep ^^ ^^^i"^- or cause to be swept, at least once a month, any chimney Art. i, Ord. where he, she or they habitually keep a fire; and if any jfi'l^st *- J"^S •chimney shall take fire through neglect of being properly °^^- 339S- swept and cleaned, the occupant of the house, room or apartment to which such chimney appertains, shall for- feit and pay a fine of five dollars. Art. 433. (1) From and after the passage of this ordi- stoves. nance no person shall set up or use a stove, any portion c.'^s.'^^°' ^^"' 208 CHIMNEYS, STOVES AND &TOVEPIPES. of which shall be within two feet (2) of any part of the woodwork or walls, partitions, or floors of any building^ within the limits of the eity^ without protecting such woodwork with metallic covering , so as to effectually protect the same from fire. Stovepipes Art. 434. In all cases where a stovepipe projects projecting. ^^ ^^ passes through the roof ^ partition or wall of any building, a part or the whole of which may be wood,, the pipe shall be supported from such roof or woodwork at least six (6) inches by sheet iron or other non-com- bustible materials, and shall project above or beyond the roof or wall of the building as the case may be, at least three (3) feet. Pipes over Art. 435. No stovepipe shall be allowed to pro- sidewalks. . . _ „ . lb. ject over any sidewalk or into any street. Not to annoy Art. 436. No pcrson shall erect or continue "o?d.^N".'2i79, erected, or use any chimney^ stove or stovepipe in such ^May, 1855. a manner as that the smoke thereof shall annoy any neighbor or the citizens passing. Penalty. Art. 437. (5) Any person or persons contravening ■ any portion of this ordinance, after written notice to comply with its provisions from the Street Commissioner, shall be liable to a penalty of ten dollars for each day he or they may be in contravention , recoverable before any court of competent jurisdiction^ for the benefit of the city. Noise and Art. 438. That the owners or lessees of the said f^°^fejghbo°rs! factories, etc., shall take all proper precaution to pre- ^Ord. No. 2505, ^gjj^ the noise of their machinery or smoke emanating Oct. 11,1887. from the chimneys thereof from becoming a nuisance to the neighbors. Penalty. Art. 439. That any person or persons refusing to com- ply with the requirements of this ordinance, upon the] official order of the Mayor, shall be subject to a fine of twenty-five dollars for each week from and after the first notification, that he shall have neglected or refused to comply with the requirements of this ordinance, and in the event of failure to pay the said fine, the person, or persons so refusing and offending shall be im- prisoned for a period not exceeding thirty daysj thft| CISTERNS. 209 said fine or penalty to be imposed by the Recorder of the district in which the said factories, etc., may be located. Art. 440. That all chimneys in low buildings shall be cwmneys in low buildings. extended to the height of three feet above the gutters ot ord. no. 7043, adjoining buildings which are located within a radius of Aug. 15, 1893. fifty feet. Art. 441. That no stovepipe shall extend through the ^.J^p^^^'^rough side of any building, nor extend through the i"Oof of earthen *r^o\er any building, unless provided with a metal plate or " on- earthen ware protector, or a double metal thimble with two-inch air space, leaving an air space one inch wide between the protector and the pipe, and no woodwork shall be within a distance of eight inches of the stove- pipe when a metal plate protector is used, but the earthenware or metal thimble with two inch air space may be set tight in woodwork. When earthenware, clay or terra cotta are used, the ware pipe shall be not less than three-quarters of an inch thick, and shall be two inches larger in inside diameter than the out- side of the stovepipe, and shall extend outward two inches beyond any woodwork on either side, and may be set tight in such woodwork, and opening between stovepipe and ware pipe may be closed with any in- combustible material, and where through floors between two rooms or where through partitions between two rooms it shall in all instances be so closed. He who wishes to dig a well or a necessary, to build a chim- ney or hearth, a forge, an oven, a furnace or stable, to put up shelves or to store salt or other corrosive substance 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 any of these subjects, he shall conform to the following rules, in cases which have not been foreseen.— Civil Code, Art. 688. He who wishes to build a chimney or hearth against a wall held in common, is bound to make a double wall of brick, or other material, six inches thick.— Civil Code, Art. 683. CISTERNS. See Buildings, Water Supply. Art. 442. (2) All buildings hereafter erected within this city shall be supplied with a healthy supply of water 210 CITY DEBT. Water supply, not less than five hundred (500) gallons for each room Ord. No. 6533, . V / D c.s m said building; provided the aggregate capacity of July S, 1892. cistern capacity shall be not less than twenty-five hun- dred (2500) gallons. Art. 443. (3) All cisterns, the water of which is used for drinking or culinary purposes, shall be provided by ^'''the owner thereof with suitable covers. CITY — See New Orleans and City Council. CITY ATTORNEY— See Attorney. CITY TIME. Time signals. Art. 444. That to cstabUsh uniform time the police and fire alarm telegraph shall give the following signals : 2 blows for 6 o'clock a. m. 2 " " 12 " M. 4: " " 1 '^ P. M, 9 u '' 9 " " <^ Except Sundays, only one blow for 12 o'clock m. CITY DEBT. EXTENSION OF BONDS. Act. No. s8. Art. 445. (1) That the terms and conditions of Act Ord. No'. 7563', No. -58, Acts of the General Assembly of Louisiana, July 25, 1882. approved June 30, 1882, relative to settlement and ad- ^^djij>s^mentof j^g^jjjg^t; of thc city debt, be and the same are hereby Acceptance of acccptcd by tlic city, and the good faith of the city is ^^"'^ hereby pledged to the full execution thereof. Issue of cer- Art. 446. (2) That for the purpose of extending the ■ payment of all outstanding bonds of the city of New Orleans other than premium bonds, whether due or to become due, including such as have been merged into judgments, but for which no tax has been levied, and as provided by said Act No. 58, approved 30th June, 1882, ''An act to authorize the city of New Orleans to renew and extend payment of her outstanding bonds other than tificates o nexes CITY DEBT. 211 premium bonds," etc., there shall be issued by the city of New Orleans certificates or annexes importing an Pavabiein forty vea.rs. obligation of the city to pay the principal of the ex- tended bond in forty years from the 1st of January, 1883, to which certificates there shall be attached and delivered with such certificates semi-annual coupons of interest upon the principal of the bond at the rate of 3 per cent, semi-annually, the said coupons of the certifi- cate to relate to the dates of the maturity of the coupons of the extended bonds, beginning with the earliest cou- pon maturing after the 1st of January, 1883, and con- tinuing during a period of forty years, said certificates and coupons to be in all respects as required by said act, and specially by the third section thereof, the said cer- ^ Delivery of to f J J ' holders of out- tificates to be delivered to all holders of such outstandingstanding bonds, ° etc. bonds applying for such certificates under said act, and to be securely affixed to such bonds ; no certificates to be delivered unless all the coupons of the extended bond maturing after 1st of January, 1883, shall be attached to such bond ; the certificate to be of no effect, unless accompanied at all times with the bond and such unma- tured coupons thereof; the city to have the right to pay Ri^ht to re- and redeem such certificates and extended bonds at par, o/c'uy.°" '""^ on and after the 1st of January, 1895, on giving notice of three months, the interest upon the certificates and bonds to cease on expiration of such notice. Art. 447. (3) That for the purpose of extending the outstanding ^ ' r IT o coupons. payment of all outstanding coupons of bonds of the city, maturing up to and including the 1st of January, 1883, there shall be issued by the city of New Orleans certificates for the amount of the face of the coupons, with six per cent, interest per annum thereon up to the 1st of January, 1883, said certificates to bear that date and to be payable in ten years from such date or sooner, ^ . '^ -^ *' ' Semi-annual at the option of the city, and to bear interest at the ratec""ponsforin- *• "^ ' • terest. of three per cent, semi-annually, payable 1st of January and July of each year from 1st of January, 1883, until paid, and corresponding semi-annual coupons for said interest shall be attached to said certificates, the certifi- cates to be negotiable by delivery only, without endorse- 212 CITY DEBT. ment, and to be in all respects conformable to said act, and especially to the fourth section thereof; the said certificates shall be delivered to all holders of the cou- pons of said outstanding bonds maturing up to and in- cluding 1st of January, 1883, who may apply for the certificates, such holders to be required first to deposit ^(TeposUed with ^^^^ coupons with the Board of Liquidation for safe ^MaHoL ^'" keeping, the date and number of each deposit of coupons to be carefully registered, the registry to embrace also the corresponding certificates, and the certificates to be numbered successively in the same order of the deposits of coupons without regard to the time of actual issue. Said certificates to be redeemable at par by the city on and after the 1st of January, 1884, after one month's ^fti^^ j^il^a^y^, ^^^^^^ specifying the amount and numbers of the certifi- '^^'*- cates it will cause to be redeemed, and upon such call for redemption, the last and highest numbers of such certificates to be redeemed first, and after said notice the interest on the certificates and coupons to cease. Rights of Art. 448. (4) That the bonds as herein set forth shall be renewed and extended, and certificates for past due coupons issued and accepted, on the part of the holders of such bonds or coupons, under benefit of res- ervation of all their rights, as expressly set out in said Act No. 58, and especially sections 3 and 4 thereof, under Reservation which the rights of said holders of bonds and coupons fn evTnf of uudcr their Original coutracts are preserved, and revive city s e an t. ^^ ^^j^ force iu the event of any default by the city of the payment of the new certificates, or in the execution of the provisions of said act. Art. 449. (5) That the said certificates shall be signed by the Mayor and Administrator of Finance, and coun- tersigned by the Administrator of Accounts. BOARD OF LIQUIDATION. To turnover Art. 450. (1) That the Commissioners of theConsoli- Sonds, e^tcf ^"' dated Debt of the city of New Orleans be and are hereby J un^e. %¥o. directed to turn over and transfer to the Board of Liquida- tion, created by Act No. 133 of 1880, all books, papers, accounts, deposits, bonds, credits, and all property un- CITY DEBT. 213". der their control or in their possession, pursuant to the provisions of said act ; and said Commissioners shall re- quire of said Board of Liquidation a detailed receipt of all things so turned over and transferred. Art. 451. (2) That the Administrator of Finance bexo deposit m- and is hereby authorized and directed to deposit to the ib. credit of said Board of Liquidation of the City Debt, and in such bank as shall be selected by them, all taxes appropriated and collected for the interest of the bonded debt of the city of New Orleans ; provided, that the said Board of Liquidation shall carry out the engagements now existing between the Louisiana National Bank, the Commissioners of the Consolidated Debt and the city of New Orleans. city bonds. Art. 452. (1) That pursuant to the provisions of sec- to prepare tion 2 of an act entitled * ' An act to liquidate the in- ^°^^%^ 5598. debtedness of the city of New Orleans and to apply its ^^"^' '^^• assets to the satisfaction thereof ; to create a Board of Liquidation and prescribe their duties ; and to provide for a fiscal agent and for the levying of a sufficient tax to pay said interest," approved April 10, 1880, and known as Act No. 133, the Board of Liquidation, by said act created, be and is hereby authorized and directed to prepare bonds of the city of New Orleans to be used only for the purpose of negotiation or exchange, as provided by said act. Art. 453. (2) That the form of said bonds shall be pormofbond. determined upon as required by the terms of the second ^''• section of the act above referred to. Art. 454. (3) That upon the preparation of said g^ ^^om to bonds, and upon the request of the Board of Liquida- ''^ ^'^"*='^- ib. tion, the Mayor shall sign and the Administrators of Finance and Public Accounts shall countersign the same, as required by the provisions of said. act. " PREMIUM BONDS." Art. 455. (1) That the Council cordiallv approves and „ Adoption ot ^ ' " ^'^ Premium Br nd adopts the plan submitted by the Administrator of plan. Finance entitled '' The Premium Bond Fund of the City May. «87s". 214 CITY DEBT. of New Orleans," etc., and the Commissioners of the Consolidated Debt are hereby charged with the duty, by and with the advice and consent of the Council, to adopt the measures necessary to carry the same into execution. Funding of Art. 456. (1) That the Legislature of Louisiana hav- ^°A%. 3414. ing, under Act No. 31, approved March 6, confirmed and March, 1876. ratified the premium bond plan as adopted by the City Council, the Commissioners of the Consolidated Debt are hereby authorized to proceed with the funding of bonds in conformity with said act, which is hereby ac- cepted in all its provisions. Time for aiiof Art. 457. (1) That hereafter the allotments of series ting Premium Bonds. of premmm bonds shall take place quarterly, to-wit: Aprii,i876. on the 31st of January, 15th of April, 31st of July and 15th of October of each year; provided, however, that in all cases where these respective dates shall fall upon a dies tion, they shall be postponed until the next legal day thereafter. TO FUND THE BONDED DEBT. To advertise Art. 458. (3) That the Commissioners of the Consoli- funded. "" dated Debt be and are hereby authorized to invite, by june,'^°i'87s. publication, the presentation of bonds to be funded in twenty-dollar premium bonds, in accordance with the law submitted by the Administrator of Finance and adopted by the Council at its regular meeting on tht- twenty-fifth of May last, and approved by the Mayor. Timeforpre- Art. 459. That lu ordcr to participate in the first re- sen ing on s^ (jemption, all bonds must be presented on or before the first day of September next, from which time further exchange will cease until the first allotment shall havr been made. The holders of bonds thus funded will re- ceive in cash at that date a pro rata of all interest funds to the credit of the respective series, and all coupons due and to become due shall be thereupon surrendered with the bond itself. Art. 460. That the Commissioners of the Consolidated E n gr a ving bonds. Debt be and are hereby authorized to contract for pro- ib. posals or otherwise for the printing or engraving of the premium bonds. CITY DEBT. 215 DEFINING FLOATING DEBT. Art. 461. (4) That the Floating Debt of the city of Floating debt. New Orleans is hereby declared to consist of the follow- a. s. 3410. ing valid obligations, viz. : Certificates of appropriation, tax warrants, five-eighths tax excess certificates, criminal jury and coroners' warrants, city money, unpaid ordi- nances of 1873, 1874 and 1875, registered judgments, judgments in United States Courts, for floating debt only, half -paid interest coupons and indebtedness of the late city of CarroUton, as provided in Ordinance No. 2997, Administration Series. BONDS OF THE CITIES OF NEW ORLEANS, CARROLLTON AND JEFFERSON. Art. 462. (2) That the Administrator of Finance be Exchange of and is hereby directed to exchange all recognized bonds ^"^^^^^^^j,"^ ca^ of the city of New Orleans, also of the late cities of ^"{^•"^"/"'^J^^- Carrollton and Jefi:'erson, for premium bonds in accord- ^^|- ^^^s- ance with the plan adopted by the Council and approved by the Mayor on the twenty- fifth day of May, 1875. The said premium bonds shall be dated on the first day of September, 1875, and bear interest at the rate of five per cent, per annum from the 15th day of July, 1875. They shall be signed by the Commissioners of the Consol- idated Debt, and be countersigned, when issued, by such parties as the Council may hereafter select for that pur- pose. Art. 463. That on all bonds funded or hereafter to Dateofimer- be funded under this ordinance, the interest adjustment ^^*' ib. shall date from the first day of July, 1875, after which period the interest thereon shall cease. Art. 464. That a permanent committee of six shall be committee of • , -1 ,,11 Till • II bondliolders. appomted to represent the bondholders in all matters ib. touching their interests under and in this ordinance. They and their successors shall at all times have free ac- cess to the records of the Consolidated Debt, and may exercise such control and supervision over the allot- ments, cancellation and registry of bonds as they may deem necessary. They shall fill all vacancies among themselves, and may, in their discretion, appoint a suit- 216 CITY DEBT. .able person to act for them in all matters relating there- to. The committee shall at present be composed of John G. Gaines, President of the Citizens' Bank; Thomas A. Adams, President of the Crescent Mutual Insurance Company; Aug, Bohn, President of the Mechanics and Traders' Bank; George Jonas, President of the Canal Bank ; J. H. Oglesby, President of the Louisiana National Bank ; Samuel H. Kennedy, President of the State Na- tional Bank. Cancellation ^^^T. 465. That the bonds funded under this ordinance, of bonds, ji^ except those which shall have been redeemed, shall not be canceled or destroyed before the month of April, 1876. They shall be registered by number, marked and labeled and deposited in a safe manner until the period named. Allotment of Art. 466. That the first allotment of series shall take *^"^^" lb. place on the fifteenth day of September next, or as soon thereafter as possible, and the first allotment of pre- miums of the fifteenth day of January, 1876, fixed. All subsequent allotments of series shall take place on the fifteenth of April and the fifteenth of October, and of premiums on the fifteenth of January and fifteenth of July. Pro osaisfor ^RT. 467. That until all the bonds herein provided for exchange of pid^i-e funded, it shall be the duty of the Administrator of tor J-'remium ' "^ Bonds. ^^ Finance, immediately after the allotment of series, to invite by sealed proposals the exchange of old bonds for the drawn premium bonds remaining. Such proposals shall state the lowest price at which the old bonds art- offered, payable in the drawn premium bonds at face value and interest. The right to reject any or all bids to be reserved by the Council. Driwn bonds ^^'^- ^^^' That all drawn series or numbers of pre- Hc^e^n^s i\ and ^i"™ bouds shall bc rcccived by the city for all dues, taxes. ^^ licenses, taxes or debts of any description at their face value and interest. Exchan e of ^^T. 469. That in all cases where proposals for the ''°jan' 18 6 exchange of bonds have been received and rejected, A. s! 3364. iji^g shall again be invited, either before or after the distribution of premiums, for exchange of bonds and for CITY DEBT. 217 cash, as the case may be, and all such subsequent offers may include the undrawn premium bonds on the same footing as any other bond. That the Commissioners of the Consolidated Debt be sealed propo- sals for sale of and are hereby instructed to advertise for sealed pro- oid and Pre- _ mium Bonds. posals for the sale to the city of $350,000 of old and ib. premium bonds. Ordinance No. 1463, O. S., relative to .Jackson R. R. bonds. Ordinance No. 1464, O. S., relative to Opelousas R. R. bonds. Ordinance No. 1577, O. S., relative to Pontchartrain R. R. bonds. Ordinance No. 1775. O. S., relative to compromise of old suit of cities of New Orleans and Lafayette prior to consolidation. Ordinance No. 2730, O. 8., relative to additional city debt. Ordinance No. 6108, O. S., relative to custodian of R. R. bonds. Ordinance No. 1474. N. S. Ordinance No. 27, A. S.. relative to seven per cent, bonds. Ordinance No. 57, A. S., compensation for floating bond*. Ordinance No. 409, A. 8., relative to Jefferson City bonds. Ordinance No. 882, A. S., relative to certificates of indebtedness. Ordinance No. 883, A. 8., relative to certificates of appropria- tions. Ordinance No. 1486, A. 8., relative to street assessment bonds. Ordinance No. 1504. A. 8., relative to drainage bonds. Ordinance No. 1625, A. 8., relative lo gold bonds. Ordinance No. 2591, A. 8.. relative to regulating exchange of bonds. ACTS OF LEGISLATURE. PREMIUM BONUS. (Act No. 31 of March 6, 1876.) Whereas, The total debt, bonded and floating, of the city of 'New Orleans, has accumulated to an amount exceeding twenty-* ' three millions of dollars, resulting from the occurrence of the civil war and from reckless expenditures of public moneys. Whereas. Under the depressing influence of the consequences of the late war and the disasters produced by the overflows in this State and other causes, the taxable property of the city of ;New Orleans has become so reduced in value as to require taxa- tion at the rate of at least five per cent, per annum to liquidate the debt as established by the acts authorizing the various issues of the same ; and Whereas, The levying of a tax at so exorbitant a rate renders the collection impossible; Whereas, The continuation of the levying of a tax beyond the ability of the property to pay leads to a further destruction of assessable property of the city, and the consecfuent shrinkage of the common pledge of the creditors, tending to a continuation of the present embarrassment of the city affairs and ultimate prac- tical bankruptcy ; 218 CITY DEBT. Whereas, The City Council of the city of New Orleans have adopted a plan for the liquidation of the city indebtedness, looking to the payment of the creditors in full, obtaining thereby the in- dulgence necessary for the public well-being and the main- tenance of the public honor; therefore Section 1. Be it enacted by the Senate and House of Bepresenta- tives of the State of Louisiana, in General Assembly convened. That the Mayor and Administrators of the city of New Orleans, or such other officers. Aldermen or Administrators as may hereafter be ordained or established, be and they are hereby authorized and directed to exchange all recognized and valid bonds of the city of New Orleans and the late cities of Jefferson and Carrollton for bonds known as the premium bonds of the city of New Orleans, in accordance with the plan adopted by the City Council and ap- proved by the Mayor, on the 25th of May and 31 st of August, 1875. The said premium bonds shall be dated the 1st of Septem- ber, 1875, and bear interest at the rate of Ave per cent, per annum, from the 15th of July, 1875; they shall be signed by the Mayor, the Administrator of Finance and the Administrator of Public Accounts, as Commissioners of the Consolidated Debt, and countersigned, when issued, by such parties as the Council have designated heretofore, or may hereafter designate, with the authorization of the supervising committee hereafter named. Sec. 2. That all outstanding bonds bearing interest shall have the interest computed up to the first day of July, 1875, and there- after the bonds when exchanged shall bear interest as provided in the ordinance above ratified, which provides for the premium bonds. Sp:c. 3. That the allotment of series and premiums which have been made by virtue of Ordinance No. 3233, Administration Series. . adopted August 31, 1875. by the City Council, are hereby ratified and approved, and that further allotments shall take place on the fifteenth day of April and fifteenth day of October of such year, and of premiums on the fifteenth day of January and the fifteenth day of July of each year, or on such other date as the Council may prescribe; provided, that payments be not made later than the fifteenth day of March and the fifteenth day of September of each year. Sec. 4. That a permanent committee of six citizens is hereby created to represent and supervise all matters and interest under the operation of this act; they and their successors shall at all times have free access to the records of the Consolidated Debt, and may exercise control and supervision over the allotments and premiums, the registration and cancellation of bonds as they may deem necessary, when not in conflict with the provisions of this act ; they shall fill all vacancies in their number by death, resig- nation or otherwise; the said committee shall at present be com- CITY DEBT. 219 posed as follows: John G. Gaines, Thomas A. Adams, August Bohn, J. H. Oglesby. Samuel H. Kennedy and George Jonas. Sec. 5. That until all the bonds are funded as herein provided, it shall be the duty of the Commissioners of the Consolidated Debt and the said Supervising Committee, immediately after the allot- ment of series, to invite by sealed proposals for the exchange of old bonds for drawn premium bonds remaining in possession of the city; such proposals shall state the lowest price at which the old bonds are offered, payable in the drawn premium bonds val- ued upon their face, capital and interest; the said bids, if any, to be opened by the Commissioners of the Consolidated Debt and at least one of the said Supervising Conimitee. the right to reject any or all bids being reserved to the City Council ; provided, that when bids are rejected, further offers shall be invited, either before or after distribution of premiums for exchange of all other bonds, or for ca>-h as the case may be. Sec. 6. That it shall be the duty of the City Council, in the month of December of each year, or in the annual budget an- nually adopted for the ensuing year, to include an amount sufH- cient to meet and pay the principal and interest of the premium bonds, together with premium included, in the several allotments of series and premiums tixed for such year by the aforesaid or- dinances and this act. It shall be the duty of the Council an- nually to levy an eciual and uniform tax on all the assessed prop- erty within the corporate limits of the city, at a rate sufficient to provide the amount included in the budget as aforesaid, and said tax so levied shall constitute a special fund to be used for no other purpose than the payment of raid bonds and interest on the said premiums comprised in said allotment, and the fund so raised shall be placed to the credit of an account to be called the Pre- mium Bond Account, and no money from said fund shall be paid out except on the joint authority of the Commissioners of the Consolidated Debt. The said tax to be raised shall be denomi- ■ nated the premium bond tax, and shall be separately mentioned in the tax rolls and receipts ; provided, that the taxable power of the corporation of the city of Xew Orleans for all purposes, including general administration, school, police, lighting, salary of officers, court expenses and every other purpose of government, including the sum to be raised to pay the premium bonds, as above stated, shall never, until the full, complete and final payment of the said premium bonds, exceed the rate of one and one-half per centum on the dollar of all the assessed value of property subject to taxation within the limits of the said city of Xew Orleans. The above limitation on the taxable power of the corporation is hereby de- clared to be a contract, not only with the holder of the said pre- mium bonds, but also with all residents and taxpayers of the said city, so as to authorize any holder of said premium bonds, resi- dent or taxpayer to legally object to any rate of taxation in ex- 220 CITY DEBT. cess of the rate herein limited; it being also a part of the consideration of this contract that the city of New Orleans shall be incompetent to incur any debt or obligation, as now pro- vided by the Constitution of this State, until the final payment and extinction of the premium bonds, aforesaid. Sec. 7. That no tax for the payment of bonds or interest on bonds other than that authorized by the preceding sections shall be levied either for the year 1876. or any year or years thereafter by the city of New Orleans, and that all existing laws requiring or authorizing the City Council to levy any tax whatsoever for bonds or interest on bonds, other than said premium bonds, be and the same are hereby repealed ; audit shall be hereafter incom- petent for any court to mandamus the officers of said city to levy and collect any interest tax other than that provided in this act, or in case of such mandamus, by a receiver or otherwise, to di- rect the levy and collection of any such tax. Sec. 8. That all bonds issued in exchange for others, all allotments made, and all things done by the City Council or the Mayor and Administrators, previous to the passage of this act, under and by virtue of said Premium Bond plan and the ordi- nances Nos. 3130 and 3233, be and are hereby approved and rati- fied, and are continued in force, and are recognized as having been lawfully done pursuant to powers vested in the Council by the constitution and laws. Sec. 9. That it shall be the duty of the City Council to at once prepare a statement in detail of the outstanding bonds of the city of New Orleans, to be funded as aforesaid, and whenever any of , gaid bonds are funded for premium bonds, or offered to the city for drawn premium bonds, or drawn premiums, the said bonded debt so exchanged shall be immediately canceled by the Com- missioners of the Consolidated Debt, and said supervising com- mittee or a member thereof shall prepare a statement of the bonds so canceled, to be made public. Sec. 10. That no city property of any kind shall hereafter be sold or conveyed in any manner except the proceeds be applied to the reduction of the bonded or floating debt. Sec. 11. That in addition to the obligation of the said city to provide annually the sum required for the execution of the Pre- mium Bond plan, at least a tax of one-half of one per cent, an- nually, t » be used in the execution of the provisions of this act; and if [the] product of said half of one per cent, be more than adequate for the payment of the drawn premium bonds, and the premiums as above provided, then the surplus to be used in re- tiring the outstanding bonds ; provided, said half of one per cent, taxation be considered as part of the one and a half per cent, taxation to which the taxing power of the city is limited by this act; the intention of this section being to limit the city taxation to one and one-half per cent, annually until the entire extinction CITY DEBT, 221 of the bonded debt; to authorize the Council to levy annually^out of the one and one-half per cent, taxation a sum adequate to the annual execution of said Premium Bond plan, and after the year 1881 to levy at least one-half of one per cent, for the carrying out of said plan, and to distribute the surplus realized therefrom, if any. in retiring the outstanding bonded debt. See Act 133 of 1880, p. 525, Sec, 12. That whenever under the operations of this act the bonded debt of the city of Xew Orleans shall be reduced below eight millions of dollars, the creditors holding the same shall be entitled to convert the same into bonds bearing six per cent, interest per annum, payable in twenty years from their date, to be dated after the reduction aforesaid, the interest to be paid semi-annually. A sinliing fund of at least two hundred thousand dollars to be provided for along with the interest by adequate annual taxation; all the limitations hereinabove provided on taxation and debt to be applicable after the issue of said bonds until payment thereof. Sec. 13. That all costs, ihterest and charges due on arreared city taxes, up to the year 1875, inclusive, be and the same are hereby remitted; that it shall be the duty of the city government, immediately after the passage of this act, to prepare a list of tlie valid outstanding floating debt of the city ; that after the prepara- tion of the list of the floating debt provided in this act any of said debt shall be receivable in payment of said taxes, as follows: For all taxes due previous to the year 1865. inclusive, the said out- standing floating debt shall be received by the said city at the rate of one hundred dollars of floating debt for two hundred dollars of taxes; for all taxes due from 1866 to 1873, inclusive, the said outstanding debt shall be received at par; provided said taxes shall be paid within the year 1876. Sec. ]4. That all drawn premium bonds shall be receivable by the city for all dues, licenses, taxes and debts of any description at their face value and interest. Sec. 15. That this act, in all its provisions and limitations, be held a contract between the city of Xew Orleans, the holders of paid premium bonds and the taxpayers or residents of said city, so as to authorize any of the contracting parties to resist any and all contracting of debt by the said city, or increase of taxation , above the rate limited in the previous provisions of this act. Sec. 16. That this act take effect from and after its passage; that all laws or parts of laws inconsistent herewith be and the same are hereby repealed, and that all ordinances of the city of Xew Orleans conflicting with this act be and are hereby repealed 222 CITY DEBT. BOARD OF LIQUIDATION. Act No. 133 of 1880. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That for the purpose of liquidating, reducing and consolidating the debt of the city of New Orleans, as hereinafter specified, a permanent syndicate of six citizens of the said city is hereby created. The said syndicate shall be chosen as follows : Two by the Governor of the State of Louisiana, two by the Lieutenant Governor and two bj^ the Speaker of the House of Kepresentatives and the Mayor of the city of New Orleans, the Treasurer and the Controller hereof, as hereinafter provided, shall he ex- officio members of said syndicate; provided, that in case no change is made in the present city the present Commis- sioners of the Consolidated Debt shall act as ex-officio members of said syndicate, and the members of the syndicate so named shall fill all vacancies in their number, death, resignation or otherwise. Sec. 2. That the Commissioners of the Consolidated Debt, or the city officers provided and named in section one of this act and the syndicate hereby created shall constitute a Board of Liquida- tion of the Citv Debt and the said board shall have exclusive con- trol and direction of all matters relating to the bonded debt of the city of New Orleans. The Board of Liquida- tion shall cause to be prepared bonds of the city of New Orleans, which bonds shall be used only for the purpose of negotiation or of exchange as hereafter provided. The said bonds shall be signed by the Mayor and countersigned by the Administrators of Accounts and of Finance, or such officer or officers as may be hereafter created to fill their respective func- tions. They shall be made payable in fifty years from the day of the approval of this act and bear interest at the rate of four cents per annum from the date of said bonds, payable semi-annually on the first day of April and October of each year, said interest represented by one hundred coupons annexed to each bond. The said bonds and interest coupons annexed may be issued for such sums as may be deemed most convenient by the Board of Liqui- dation and be made payable at such place or places as may be designated in the bond ; but the said bonds shall be made payable, interest and principal, in lawful money of the United States, and the said Board of Liquidation shall be and it is hereby empow^er- ed and authorized to establish in New York, London, Paris and Amsterdam such agencies as they may see fit and desirable. Sec. 3. That the Board of Liquidation of the City Debt be and is herebj'' authorized and empowered to retire and cancel the entire valid debt of the city of New Orleans, except the floating debt created up to the date of the passage of this act. whether represented by bonds of various classes or by judgments, either by the sale of the new bonds created under this act and appliance CITY DEBT. 223 of proceeds to the purchase of such old obligations on such terms as may be agreed upon between the holders of the said old obli- gations and the Board of Liquidation ; provided, the new bonds shall not be sold for a less sum than eighty cents in cash on the dollar, and that no exchange shall be made at a greater rate than fifty cents in new bonds per one dollar of the face value of the old obligation with interest accrued thereon ; and provided fur- ther, that the entire issue of new bonds sold or exchanged, as above provided, shall not exceed in all, ten millions of dollars. Sfx'. 4. (4) That should any obligation of the city of New Orleans be deemed fraudulent or invalid by any member of the Board of Liquidation, the same shall not be purchased, exchanged or retired until the holder of the same shall have applied to the proper court for relief, when, if flnal judgment be in his favor, it shall be deemed to be a valid obligation of the city; and should any member of the Board of Liquidation know- ingly audit, fund, purchase or retire for value any illegal obliga- tion of the city of New Orleans, or shall use any of the bonds herein authorized or the proceeds thereof, or any of the city's assets, or property in the hands of the board, by Virtue of this act, for pui-poses other than those contemplated in this act, he shall, on conviction thereof, be punished by fine of not less than one thousand dollars and imprisonment at hard labor for not less than one year. Sec. 5. (5) That it shall be the duty of the city authorities, as soon as possible after the )rganization of the Board' of Liquida- tion of the City Debt, to turn over and transfer to the said board all the property of the city of New Orleans, both real and per- sonal, not dedicated to public use, and the Board of Liquidation shall be and is hereby empowered and authorized to dispose of said property on such terms and conditions as may be deemed favorable ; the proceeds of such sale or sales to be deposited with the flscal agents of the board at credit of "City Debt Fund.'* Sec. 6. That nothing in this act shall be construed as affect- ing or in any manner impairing Act Xo. 31 of 1876, commonly known as the Premium Bond Act; but it will be the duty of the city authorities to turn over and ti*ansfer to the Board of Liquida- tion of the City Debt all moneys collected on account of the tax levied in accordance with the provisions of the Premium Bond Act; and it shall be the duty of the Board of Liquidation to ap- portion the proceeds of said tax and apply the same pro rata and in the proportion which each form of bonded debt shall bear to the entire of the city's debt, and such portions of the said pro- ceeds of tax as shall not properly belong to the outstanding amount of premium bonds shall be applied to the payment of in- terest on the bonds created under this act. Sec. 7. That it is heieby made a felony punishable, on con- viction, by a fine not exceeding five hundred dollars and imprison- 224 CITY DEBT. ment at hard labor not exceeding ten years, for the tiseal agent or any member of the Board of Liquidation of the City Debt to divert or misappropriate any portion of the debt and interest fund herein created from its legitimate channel as provided. Sec. 8. That the surplus arising from the collection of the debt and interest tax, or from the sale of assets in the hands of the Board of Liquidation of the City Debt, after paying the interest coupons of the bonds issued under this act, shall be used for the pur- chase and retirement of any valid bonds of the city of New Orleans heretofore created, at the rate not exceeding fifty cents per dollar, or at the discretion of the board for the retirement of the bonds created under this act, at a price not exceeding par; and the bonds or obligations purchased, exchanged or retired shall be canceled and destroyed by the said Board of Liquidation after public notice of the same shall have been given in the official journal of the city of New Orleans, and in the presence of such witnesses as may desire to attend. A proces verbal of the same, giving the amounts, numbers, dates and other particulars for identification of the obligations destroyed, shall be made out and sworn to by a majority of the Board of Liquidation, and published within ten days of such destruction in the official journal of the city of New Orleans. Sec. 9. That the Board of Liquidation is required and em- powered to open, keep and regulate a special book of registry of bonds of the Consolidated Bond Series of 1880 as follows, to-wit: Any holder or owner of any of the former or old bonds of the city issued previous to the passage of this act, upon surrendering the same for cancelment according to the provisions of this act, shall be entitled to have the amount and number of bonds due him registered in said book in such manner and form as the Board of Liquidation may determine and prescribe, whereupon, instead of giving to said party a new bond as contemplated by the preceding sections of this act, the Board of Liquidation shall grant to such party a certificate of registrj^ in such form as said Board of Liqui- dation may determine and prescribe, and said certificate to be transferable in person or by proxy on the records of the book of the Board of Liquidation, and semi-annual interest on the amount of said certificates, instead of being represented by interest coupons, shall be payable to such party or his order in such form and manner as said Board of Liquidation may determine and prescribe, and the city of New Orleans shall cause a sufficient number of blank certificates of registry to be printed or engraved in the form and manner prescribed, and shall deliver said blanks to the Board of Liquidation to be used agreeably to this section. Sec. 10. That it shall be the duty of the Council of the city of New Orleans to provide a proper office for the Board of Liqui- dation of the City Debt ; but the expenses of engraving, printing and issuing, the board created under this act and all the necessary CITY DEBT. 225 clerical and office expenses, shall be paid out of the funds ap- propriated and belonging to the payment of interest and princi- pal of said bonds ; provided, that no member of the Board of Liquidation shall receive any salary or emolument of any kind for his services therein. Sec. 11. That the City Council be and is hereby required to levy an annual tax, calculated upon the assessments of the pre- ceding year, less twenty per cent., sufficient to pay in full the interest on all the bonds issued under the provisions of this act. and any tax levied shall continue in force until superseded by a new levy for the same purpose. Act No. 67 of 1884]. To amend and re-enact Sections 2. 3 and 5 of an act entitled "■An act to liquidate the indebtedness of the city of New Or- leans, and to apply its assets to the satisfaction thereof; to create a Board of Liquidation, and prescribe their duties; and to provide for a fiscal agent, and for the levying of a sufficient tax to pay said interest,"' approved April 10, 1880; and to further provide for the redemption of the bonds au- thorized herein, the payment of the interest on the same, when said tax is not levied; and for the disposition and sale of said assets and other property. Whereas, Due notice of the introduction of this act has been given, in accordance with Article 48 of the Constitution; and. Whereas, The legislation heretofore.enacted, under Article 254 of the Constitution of the State, providing for the liquidation of the indebtedness of the city of New Orleans, has in part proven inoperative. Sectiok 1. Be it enacted btj the General Assembly of the State of Louisiana, That Section 2, of ActNo. 133, approved April 10, 1880, be amended and re-enacted so as to read: That the Com- missioners of the Consolidated Debt, or the city officers, provided and named in Section 1 of this act, and the syndicate hereby cre- ated, shall constitute a Board of Liquidation of the city debt, and the said board, shall have exclusive control and direction of all matters relating to the judgment and bonded debt of the city of New Orleans. The Board of Liquidation shall cause to be pre- pared bonds of the city of New Orleans, which bonds shall only be used for the purpose of negotiation or ex.change, as herein- after provided. The said bonds shall be signed by the Mayor and Treasurer of the city of New Orleans, and countersigned by the Comptroller of said city; they shall be dated June 1, 1884, and be made payable in fifty years from said date, or sooner, at the option of the city, and bear interest at the rate of five per cent, per annum from the date of said bonds, payable semi-annually on the first days of June and December of each year; said inter- est to be represented by one hundred coupons annexed to each bond. The said bonds and interest coupons annexed may be 226 CITY DEBT. issued for such sums as may be deemed most convenient by the Board of Liquidation, and be made payable at such place or places as may be designated in the bond, but the said bonds shall b.e made payable, interest and principal, in lawful money of the United States. Sec. 2. Be it further enacted, etc.. That Section 3 of Act Xo. 133, approved April 10, 1880, be amended and re-enacted so as to read: That the said Board of Liquidation of the city debt be and it is hereby authorized and required, and it is made the duty of the said board to retire and cancel the entire debt of the city of New Orleans now in the form of executory judgments and registered, under the provisions of Act No, 5 of 1870, and that which hereafter may become merged into executory judgments and likewise registered; except the floating debt or claims cre- ated for and against the year 1879, and subsequent years; that it is the full intent and meaning of this act to apply solely the privileges thereof to executory judgments, at present rendered against such city, and to such floating debt or claims against said city for 1878, and previous years merged and to be merged into executory judgments, whether absolute or rendered against the revenues of any particular year or years, previous to the year 1879; that for the purpose of retiring and canceling said judgment debt, the said board is authorized and required either to sell the bonds to be issued under this act at not less than their par value and apply the proceeds thereof to the payment of the said judgments, as above specified, or issue said bonds in ex- change for said judgments. Sec. 3. Be it further enacted, etc., That section five of act No. 133, approved April 10, 1880, be amended and re-enacted so as to read: That it shall be the duty of the city of New Orleans to turn over and transfer to the Board of Liquidation, immediately after the passage of this act, all property of the city of New Orleans, real and personal, not dedicated to public use; provided, that in the sale of batture property, which is herein included, the right of the city to all future accretions shall be reserved, all assets of said city realized, and to be real- ized, except such assets and revenues as pertain to the ad- ministration of said city, and necessary for the support of the same as at present authorized, all uncollected revenues of said city anterior to the year 1879, when collected; and the said board, is hereby authorized and required to dispose of said prop- erty and assets, other than stock held in corporations, on such terms and conditions as said board may deem to be to the best interests of the city, and apply the proceeds thereof, together with the uncollected revenues above mentioned, when the same are collected: First, to the payment of the interest on the bonds authorized herein in the event that the tax authorized by section eleven of said Act No. 133, approved April 10, 1880, be CITY DEBT. 227 / not levied; second, to the redemption and cancellation of the said bonds; provided, that bids for the sale of the same shall be by sealed proposals, and that preference shall be given to the low- est bidder; and provided further, that no bids above the par value of said bonds shall be accepted. Sec. 4. Be it further enacted, etc.. That for the further re- demption of said bonds the said Board of Liquidation is hereby authorized and required, after each and every allotment of series following the passage of this act, to advertise for sealed pro- posals for the exchange of drawn premium bonds in possession of the city for the bonds authorized herein to the amount of ttfty thousand dollars, of said bonds issued under this act; provided, that no exchange be made unless preference be given to the lowest bidder. Sec. 5. Be it further enacted, etc.. That nothing shall herein be construed as in any manner affecting or interfering with the dis- posal of property of said city, created under the provisions of Act Xo. 33, approved March 31, 1877, otherwise than is provided for in section fourteen of said act. Sec. 6. Be it farther enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Act No. 110 of 1890. Joint Besolutions Proposing an amendment to the Constitution providing for the funding of the bonded debt of the city of Xew Orleans, other than Premium Bonds, into four per cent, bonds; providing a special tax of one per cent, to pay the bonded debt of the city, and exempt the said four per cent, bonds from taxation, and further authorizing the said city to assume and pay such unpaid claims of the Board of School Directors of said city and parish which it may And to be equitably due by said board. Section 1. Be it resolved by the Senate and House of Representa- tives of the State of Louisiana, txvo-thirds of all the members elected to each house concurring. That the following amendments to the Constitution of the State be submitted to the electors of the State at the next election for Representatives for the General Assembly in the year 1892, for the purpose of retiring the now existing valid outstanding bonds of the city of New Orleans, including the bond certificates or bonds issued under the act of the Legislature No, 58 of 1882, and to retire judgments now or hereafter rendered against the city on floating debt claims prior to 1879, entitled to be funded under Act No. 67 of 1884, the said city of New Orleans is- hereby authorized and directed, on and after the adoption of thi& amendment, to issue through the Board of Liquidation of the City Debt, bonds to be known as the Constitutional Bonds of the city of New Orleans, not exceeding ten millions of dollars, at fifty years, bearing four per cent, per annum interest, to bear 228 CITY DEBT, date and be in the form prescribed by the Legislature. The said bonds shall be applied by the said board to the retirement of said , outstanding bonds and judgments, by the sale of said Constitu- tional Bonds, and application of the proceeds of sale by the Board of Liquidation to pay or purchase said outstanding bonds and judgments, or by exchanging the said Constitutional Bonds for bonds, on the terms and in the mode prescribed by the Legislature. For the payment of the interest and principal at maturity of said Constitutional Bonds and other outstanding bonds not retired under this amendment, and for the payment of the annual allot- ments and premiums of the premium bonds of said city, the said city is hereby authorized and directed to levy annually and until the full payment of said bonds a special tax of 1 per cent, on all the real and personal property of the city, said tax to be part of and not in addition to the tax of 20 2-10 mills on the dollar of valuation now levied for all purposes by the city of New Orleans, and the said tax shall be paid over as collected to and be applied by the Board of Liquidation to the payment of the interest and principal at maturity of said-Constitutional Bonds and outstanding bonds not retired, and to the payment of the allotments of Premium Bonds and premiums extant in the hands of holders. Said tax is hereby declared to be the contract right of the holders of all said bonds ; and the exemption of said Constitu- tional Bonds from all taxation by the city of New Orleans and State of Louisiana is hereby recognized and declared, and after the payment of all the annual interest on said constitutional bonds and bonds not retired and the payment of the said annual allotments of Premium Bonds and premiums extant in the hands of holders, and after making provisions for a sinking fund at such time and of such an amount as the Legislature prescribes, the surplus of said 1 per cent, shall be disposed of as prescribed by the Legislature. The act passed at the present session, No. 36, entitled "An act to carry into effect the constitutional amendment passed at the present session relative to the bond debt of the city of New Orleans," etc., be and is hereby approved and confirmed in all its parts as a contract between the city of New Orleans and the holders of the aforesaid Constitutional Bonds, Premium Bonds and of the bonds outstanding not retired as aforesaid. Sec. 2. Be it further resolved, etc., That the city of New Orleans be and is hereby authorized and empowered to examine into and assume the payment of the claims or obligations of the Board of School Directors for the city and parish of Orleans du« for the years 1880, 1881, 1882, 1883 and 1884, now in the hands of original owners, who have in nowise parted with their right of owner- ship, or pledged the same, as may be found to be equitably due CITY DEBT. 229 by said board for services rendered, labor performed, or materials furnished by authority of said board. Sec. 3. Be it further resolved, etc.. That all electors voting at said election for said amendment shall place upon their ballots the words : *• For the city of New Orleans debt amendment," and all electors voting at said election against said amendment shall place on their ballots, " Against the city of Xew Orleans debt amendment." An Act To carry into effect the constitutional amendment passed at the present session of the Legislature, relative to the bond debt of the city of New Orleans, and to authorize and direct the said city to issue through the Board of Liquidation of the city debt 4 per cent, bonds to be known as the Constitutional Bonds of the city of New Orleans, payable fifty years from date; and to direct the retirement of the now outstanding bond debt of said city. Premium Bonds excepted, by the sale of said Constitutional Bonds and application of proceeds by the Board of Licpiidation to the payment of said outstanding bonds. Premium Bonds excepted, and to the payment also of certain judgments against the city on floating debt claims created prior to 1879 and to authorize the purchase by said board of said outstanding bonds, other than Premium Bonds, or the exchange thereof for said Constitutional Bonds, and for the payment of said Constitutional Bonds and of the aforesaid outstanding bonds not retired under this act, and for the pay- ment of the annual allotment of Premium Bonds and pre- miums; to direct the levy and collection by the city of the tax of 1 per cent, now levied for the bond debt, and to direct the payment to and application by the Board of Liquidation of said taxes, to the purposes aforesaid for which it is levied, and to provide a sinking fund for said Constitutional Bonds; and for the disposition of the surplus of said tax not required for the aforesaid bond debt, and to recognize said tax as the contract right of the holders of the aforesaid bonds, and to recognize also the exemption of said Constitutional Bonds from all taxation, and to define the functions and powers of said Board of Liquidation. Whereas, Due notice of intention to apply for the passage of this act having been advertised, as required by Article 48 of the Constitution. Section 1. Be it enacted by the General Assembly of the State of Louisiana. That, in order to provide for the retirement of the outstanding bond indebtedness of the city of New Orleans, and such other indebtedness as under existing laws is or becomes entitled to be funded into any series of bonds, always saving and excepting, however, the bonds known as Premium Bonds, the city of New Orleans is authorized, empowered and directed to issue bonds to the amount of ten million of dollars, nine thousand of which bonds shall be for one thousand dollars each, and two thousand of which shall be for five hundred dollars each, to be known as the " Constitutional Bonds of the City of New Or- leans." dated July 1, 1892, payable fifty years after date, with the 230 . CITY DEBT. right to call by lot not more than seven hundred thousand dol- lars per annum after the year 1925, bearing four per cent, per annum interest, payable semi-annually and represented by inter- est coupons attached thereto. Said bonds shall be numbered, those of one thousand from one to nine (9) thousand, and those of five ($500) hundred each from one to two thousand (2000), and shall be signed by the Mayor and Comptroller of the city of New Orleans, and delivered to the Board of Liquidation of the City Debt, to be used for the purposes aforesaid in accordance with the provisions of this act. Each of said bonds shall, at the time of its issuance by the said Board of Liquidation and not at any time anterior thereto, be countersigned by the president and seci'etary of said board ; and a daily report shall be made to the Mayor by said secretary of the number of the bonds so countersigned and delivered, and the purpose for which they were issued. These daily reports shall be laid before the City Council by the Mayor; and the Finance Committee of said Council is required to examine and verify said reports at least once a month, and to report the result of their examination and verification to the Council. Sec. 2. Be it further enacted, etc.. That the Board of Liquidation is hereby authorized and empowered to sell and dispose of such amounts of said Constitutional Bonds as may be deemed requisite for the purposes hereinafter expressed, the sales of bonds to be made on sealed proposals or bids to purchase to be invited by advertisements published at least five times during the period of thirty days in one or more newspapers in the city of Xew Orleans and the city of New York, and no sale to be made before said delay and advertisement, the bonds to be sold to the highest bid- der if the bid is deemed acceptable, but the board is to have the right to reject all bids, the bonds to be sold at the highest premium obtainable, and no sale shall be made at less than par. Said advertisements shall provide that all accepted sales shall be consummated by the payment of the price bid, and the delivery of the bonds purchased at least three days before the date of the maturity or of the call date of the bonds that are pro- posed to be purchased with the funds derived from the sales; where bonds are sold to pay judgments as hereinafter provided, the advertisements shall provide for the payment of the price, and the delivery of the bonds on a fixed day. and all past due interest coupons on the bonds sold shall be cut off and canceled before delivery to the purchasers, and provided no sale of said Constitutional Bonds shall be made more than thirty days in advance of the period when the funds are needed for the payment or purchase of bonds. Sec. 3. Be it further enacted, etc., That all the funds received by said Board of Liquidation from the sale of Constitutional Bonds CITY DEBT. 231 shall be iiinnediately deposited with the tiscal agent of the city of New Orleans, or if the fiscal agent is not satisfactory in the opinion of the board, with a chartered depository selected by the board, to the credit of a special fund called the "Bond Sales Fund," which said fund shall be used solely and exclusively for the purpose of retiring by payment all the said now outstanding valid bonds of the city of New Orleans matured or subject to be called, including the certificates or bonds issued under the fourth section of the Act No. 58 of 1882, and including judgments now or here- after rendered on floating debt claims prior to 1879, entitled to be funded under Act No. 67 of 1884, but excluding premium bonds issued under the Act No. 31 of 1876, not to be retired under this act, and the interest upon all said bonds subject to call shall cease after publication of the calls, as now provided by existing laws; no check shall be honored on said fund unless accompanied by a certificate signed by the president and secretary of said board, describing the bonds it is intended to retire, and certify- ing that said bonds have been surrendered to said board and can- celed, or describing the judgments to be paid and annexing a certificate of its satisfaction. , Sec. 4. Be it further enacted, etc.. That after the payment of all aforesaid outstanding bonds subject to call or matured, as pro- vided in section 3 of this act, the Board of Liquidation with the fund derived from the sale of Constitutional Bonds shall have the power to purchase the unmatured outstanding bonds of the city, premium bonds always excepted, and to this end, the board, by advertisement published once a week in one or more newspapers in the city of New Orleans and the city of New York for the space of thirty days, shall invite sealed proposals from the holders to sell said outstanding bonds, and the board is authorized if deemed judicious to purchase said outstanding bonds at the lowest price named in the proposals, but is to be under no obligation to accept, but may in its discretion reject any and all proposals; no purchase of outstanding bonds shall ever be made without the assent of the City Council, and in case of said purchase the check for the purchase price of the bonds shall be accompanied by a certificate signed by the president and secretary of said board, describing the bonds purchased and certifying that the bonds have been surrendered and canceled, and provided further that no purchase of said outstanding bonds shall ever be made at any price higher than the face of the bond with accrued interest. Sec. 5. Be it further enacted^ etc.. That after the payment of all the aforesaid outstanding bonds subjeet to call or matured, as provided in section 3 of this act. the board is hereby authorized and empowered to exchange for the valid outstanding bonds of the city of New Orleans, save and accept premium bonds, such an amount of the Constitutional Bonds as may be requisite for the 232 CITY DEBT. purpose of said exchange, said exchange of the Constitutional Bonds issued under this act for said bonds surrendered in ex- change to be made on the terms and conditions as follows: The board by advertisement inserted in one or more newspapers in the city of New Orleans and city of New York, to be published three or more times for and during the space of thirty days, shall invite proposals to exchange said outstanding bonds for the Consti- tutional Bonds authorized by this act ; the board shall be under no obligation whatever to accept any bid or proposal, but in its dis- cretion is hereby authorized and empowered only if it sees fit to exchange said Constitutional Bonds at the lowest price or rates of exchange specified in the said bids or proposals for said bonds surrendered in exchange; provided, however, the board shall use its best efforts to secure as high a premium as possible for the said Constitutional Bonds, and in no ease shall said Constitutional Bonds be exchanged at any rate less than the par thereof, and provided further, that no exchange shall be made for said bonds surrendered at higher than their par with accrued interest, and provided further, that a proces verbal shall be prepared and put on file by the board of the numbers and amounts of the bonds surrendered in exchange and at the rate at which they were sur- rendered, and of the numbers and amounts of the Constitutional Bonds issued in exchange, and the rate at which they were issued? stating also the date of the exchange, and provided further, that no exchange shall ever be made without the previous assent of the City Council. Sec. 6. Be it further enacted, etc., That all bonds retired under the provisions of this act shall be immediately canceled by perforating the same and the attached coupons; and such canceled bonds and coupons shall not be destroyed but shall be kept by said board as vouchers, and shall be pasted in the bonds books, in accordance with the system, and for many years past in vogue in the conduct of the business by said board. The same method shall be pursued with reference to all bonds and coupons retired with the sinking fund herein pro- vided, and all coupons paid year by year. Sec. 7. Be it ftirther enacted, etc.. That in order to provide for the payment of the principal and interest of the Constitu- tional Bonds, herein authorized to be issued, and of all other out- standing valid bonds of the city of Xew Orleans, it shall be the duty of the Council and proper ofticers of the city of New Orleans to levy, for the year 1892, and annually thereafter, until the . principal and interest of the bonds, hereinjprovided to be issued, are fully paid, a special ad valorem tax of one per cent, upon all the taxable property, real, personal and mixed, in the city of New Orleans; said special tax to be a part of and not in addition to the tax of twenty mills and two-tenths of a mill on the dollar of valuation now levied for all purposes by the city of New Or- CITY DEBT. 233 leans. The proceeds of said special tax shall be paid over to the fiscal agent or depository of the Board of Liquidation, to the credit of said board, day by day, as the same is collected by the proper officials of said city ; and neither the said city, nor any of its officers, shall have the custody, control, disposition or expenditure of said tax. or any part thereof, except as herein provided. In case the said city, at any time, shall fail for neglect to levy and collect said special tax, or in case the municipal government of the city should be abol- ished, or in case present territory of the city of New Orleans should be transferred to other municipal corpo- rations, and no proper and efficient provision is made by law to compel those municipal governments to levy and collect said special annual tax of one per cent.; or, in case said municipal corporations i-efuse or neglect to exercise to this end a proper and efficient taxing power bestowed upon them, then, in any of these events, the said Board of Liqui- dation shall itself, by proper resolution, have power to levy said tax and to collect the same: and in said levy and col- lection to use any and all the machinery, rights, powers and authority established by the State for the levy and collection of the State taxes ; and in case it should become necessary under the above mentioned or similar circumstances, for the said Board of Liquidation to levy and collect said tax, and said board should refuse or neglect to do so, any court of competent jurisdiction shall, on application of any bondholder, have power to decree the levy of said special tax throughout the said territory and to have the same collected by the sheriff or executive officer of the court, and the proceeds applied to the payment of the interest and principal of said bonds, [n case any such decree is entered, the sheriff or executive officer of the court shall have all the powers, rights and authority granted by law by the State to her own tax collectors. Sec. 8. Be it further enacted, etc.. That out of the proceeds of said one per cent, per annum tax, beginning in the year 1892, the said Board of Liquidation shall annually provide for the carrying of the premium bond plan, the payment of the interest upon the bonds herein authorized to be issued and of the interest upon all other outstanding interest-bearing boAds of the city of New Or- leans, and after the year 1925, for the annual sinking fund nec- essary to call and retire the number of .bonds provided for ip sec- tion 9 of this act. After making in each year the provisions above required, and after deducting the expenses incurred by said board, and after paying any deficiency in the interest fund of any previous years, one-half of the surplus of said tax shall be passed to the credit of a special fund to be known as the "Permanent Public Improvement Fund," to be disposed of as hereinafter provided; the other half of said surplus shall be paid 234 CITY DEBT. over to the School Board of the city of New Orleans, in addition to any fund appropriated by said city out of other funds to be used in the maintenance and support of the public schools in said city. Sec. 9. Be it fuither enacted, etc.. That, commencing with the year 1926, tive hundred thousand dollars of Constitutional Bonds shall be annually called and retired by said board in the manner herein provided, with funds derived from the proceeds of said tax of one per cent. ; and commencing with the year 1937, seven hundred thousand dollars of said Constitutional Bonds shall be annually called and retired, in the manner herein provided, with said funds. In order to determine each year what bonds shall be called and retired, the number of all outstanding bonds shall be placed in a wheel on the first Monday of July in each year, com- mencing with the year 1926, and five hundred numbers, or seven hundred numbers, as the case may be, shall be drawn out, two numbers of the five hundred dollar bonds counting as one. The numbers of the bonds so drawn shall be published in New York and New Orleans for thirty days, together with a notice that said bonds must be presented for payment on the ensuing first of Jan- uary ; and that after that date all interest will stop on said bonds. All bonds so paid shall be canceled as soon as delivered to said board in the manner specified in section 6 of this act, and detailed report thereof made by the Secretary of the board to the Mayor, who shall lay the same before the Council for examination and verification by the Finance Committee thereof. Sec. 10. Beit further enacted, etc., That the "Permanent Public Improvement Fund." above provided for, shall be used exclusively for the construction of permanent public improvements in the city of New Orleans, such as levees, canals, drainage stations, pave- ments, public buildings, public parks and bridges, and all or- dinances passed by the City Council to be paid out of this fund shall first be approved by the said Board of Liquidation, who shall not draw any check on said fund unless they are convinced, upon proper inquiry, that said ordinance covers the construction of a permanent public improvement, within the purview of this act. The true interest and meaning of this clause is not to give said board any authority to say to what permanent public improve- ment any fund shall be applied, but only to see that said funds shall be applied exclusively to the construction of improvements that are permanent. Sec. 11. Be it further enacted, etc., That the Board of Liquida- tion of the City Debt, established by Act No. 133 of the Acts of 1880, as now constituted, is hereby created a body corporate, with right of existence and succession until January 1, 1943, with power to sue and be sued, to have a corporate seal, to make rea- sonable rules and regulations for the conduct of its business, and to employ counsel and a reasonable clerical force. None of CITY DEBT. 235 its members shall receive any compensation for his services. One of its members shall be elected president, and another vice president, who shall act in the absence or disability of the president. They shall select a secretary (not a member of the board), who shall give bond for the faithful performance of his duties in the sum of twenty thousand ($20,000) dollars, and this bond shall be renewed every three years. He shall receive a salary to be fixed by the board, not to exceed thirty -five hundred ($3500) dollars per annum, and shall hold his office at the pleasure of the board. Their funds shall be deposited with the fiscal agent of the city of New Orleans, or with some chartered bank in the city of New Orleans selected by the board. The .city of New Orleans shall provide, in the city hall or elsewhere, proper offices and quarters for said board and its officers, books, records and archives. The clerical office expenses, counsel fees and the cost of all printing and engraving bonds under this act shall be paid from said tax fund. On the first of January and July of each year said board shall make in printed form to the City Council a detailed report of all its receipts and all its ex- penditures, and of its transactions and doings under the pro- visions of this act, with the names of all its employees and the amount of compensation paid to each. Nothing in this act con- tained shall be construed to affect or change in any manner the duties, powers and functions of the Board of Liquidation under existing laws not inconsistent with this act, or the rights of said iboard to the assets and property of the city not dedicated to public use, including the uncollected taxes prior to 1879; but said duties, functions, rights and powers are maintained and confirmed in full force. Sec. 12. Beit further enacted, etc. ^ That any member of said Board of Liquidation who removes his domicile from the city of New Orleans, or who is convicted of any crime against the State, •or who U declared insolvent or bankrupt, or who becomes inca- pacitated to perform his duties, shall forfeit his membership, and it shall be the duty of said board to declare his membership va- cant, and to elect his successor. Any member may be removed by a two-third vote of the whole board, for misfeasance, mal- feasance in office, or for neglect of his duties as a member; or he may be removed on similar grounds by any court of competent jurisdiction at the suit of any bondholder or ten taxpayers. Sec. 13. Be it further enacted, etc.. That in case all, or the ma- jority of the members of said board, should, for any reason be- come vacant, so as to prevent a quorum of said board, any court of competent jurisdiction shall have power and authority, on the application of holders of at least ten thousand dollars ($10,000) of said Constitutional Bonds, to be had contradictorily with the city of New Orleans and the surviving members of the board, if any there be, to fill enough of said vacancies to constitute a quo- 236 CITY DEBT. rum, and the quorum so obtained shall fill the remainder of the vacancies. Sec. 14, Beit further emifted, etc., That said board shall have power, with the concurrence of the City Council, to make and publish reasonable and proper rules for the registry of the bonds to be issued under this act. Sec. 15. Be it further enacted, etc.. That said Constitutional Bonds shall be exempt from all taxation, State, parish and muni- cipal. Sec. 16. Be it further enacted, etc., That all of the substantial provisions of this act are hereby declared to be a contract be- tween the State of Louisiana, the city of New Orleans, the tax- payers of said city and each and every holder of said Constitu- tional Bonds, Sec. 17. Be it further enacted, etc.. That the Board of Liquida- tion shall immediately cease extfending outstanding bonds under the act Xo. 58 of 1882. Sec. 18. Be it further enacted, etc., That nothing in this act con- tained shall be construed to affect or disturb, in any manner, the existing right to the tax now levied for premium bonds and for said outstanding bonds, not retired, said tax being preserved in full force, and the payment of the allotments of premium bonds and premiums extant in the hands of holders, and of the inter- est and principal at maturity of all outstanding bonds that may be retired under this act, shall continue as now directed under existing laws ; said tax of 1 per cent, being levied for premium bonds and outstanding bonds, not retired, as well as for the aforesaid Constitutional Bonds substituted for the outstanding bonds paid, purchased or retired by exchangers under this act. Sec. 19. Be it further enacted, etc., That the general provisions of this act shall not take effect until the adoption of the afore- said constitutional amendment; provided, however, that portion of the act prohibiting the further extension of bonds under the act No. 58 of 1882 shall go into effect immediately, and all law or parts of laws contrary to or inconsistent herewith be and the same are hereby repealed. CITY EMPLOYEES— See Employees. CITY HALL PORTER— See Porters. CITY LIBRARIAN— See Library. CITY LAWS— See Ordinances. COMMON COUNCIL. 237 CITY PHYSICIAN— See Physicians. CITY PARKS— See Parks. COCK-PITS— See Amusements. COFFEE-HOUSES— See Barrooms and Restaurants. COMMISSIONERS OF FINK ESTATE— See Alms- houses, Etc. COMMISSIONERS McDONOGH ESTATE — See Almshouses, Trust Funds, Etc. COMMISSIONERS' JURY— See Jury Commissioners. COMMON COUNCIL. THE COUNCIL. See Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 29, 30, 31, 37, 38, 40, 41, 43, 52, 63, 64, 65 of the City Charter. Art. 470. The Council shall not, under any pretext Limit of ex- whatever, appropriate any funds for the government of p^"'*'^"''^' the corporation to the full extent of the revenues, but shall reserve twenty per cent, of said revenues, which reserve and all sums, rights, interests and credits re- ceived from miscellaneous or contingent sources, shall be appropriated by the Council for the purposes of per- manent public improvement, as herein provided for. Decisions. Qualifications of members: 14 An. 243; 7 U. S. 1; 2 An. 527; 14 An. 330; 32 An. 101; 34 An. 128; C. C. 240, 429, 430. Powers: 2 An. 611; 3 An. 294; 36 An. 938: 41 An. 156, 522, 910. Impeachment: 4 An. 419; 35 An. 1075. Liability: 36 An. 56; 41 An. 156. Ultra Vires : 41 An. 75 ; 42 An. 605. 238 COMBUSTIBLES AND EXPLOSIVES. COMBUSTIBLES AND EXPLOSIVES. PETROLEUM. Storage and ARTICLE 471. (1) That it shall be unlawful for any A. s. 7399- person to store or have stored, within the corporate limits A. "s. 7461*. of the city of New Orleans, outside of the limits hereinafter designated, any benzine, naphtha or other in- flammable oils under the United States government standard of 110 degrees burning test. Amended by Art. 472. (2) That, cxccpt as is provided in the above ^ '■ section, all benzine, naphtha and other inflammable oils under a burning test of 110 degrees, shall be stored only in the district bounded by Melpomeae, Claiborne, Napo- leon avenue and Galvez streets. Quantity. Art. 473. (3) That it shall bc unlawful for any person Oct.," i'^.' to have stored within the corporate limits of the city of New Orleans, outside of the limits heretofore designated, any coal oil of a burning test of 110 degrees, or a burn- ing test greater than 110 degrees, in quantities exceed- ing (5) five barrels, or its equivalent, in any one build- ing, and the said five (5) barrels or its equivalent, herein allowed to be stored in any one building, shall be in me- tallic-bound packages or metallic cans, otherwise the party so storing shall be considered in contravention of this ordinance, and liable to penalties herein imposed. Enforcement Art. 474. (4) That it shall be the duty of the Ad- **' '"^^'"^""ib. ministrator of Police, as well as of all the ofiicers and members of the Crescent City Police, to see that the provisions of this ordinance are rigidly enforced, and to that end it is hereby made the duty of any police officer to make affidavit of the fact before the proper Recorder, whose duty it shall thereupon be to issue a search war- rant and to have the suspected premises inspected and examined. Penalty. Art. 475. (5) That any person violating any of the ^''■provisions of this ordinance shall, on conviction before the proper Recorder, be fined the sum of twenty-five dollars and imprisoned not less than five nor more than thirty da;5^s, at the discretion of the judge. COMBUSTIBLES AND EXPLOSIVES. 239 Art. 476. (6) That the provisions of this ordinance scope of ordi- shall extend to any person who orders or permits a °*"*^^' i^. storage of the prohibited oils within the prohibited limits, whether that person be owner, pledgee or con- signee of the same, or the agent of the owner, pledgee or consignee, or whether he be the owner or lessee, or the agent of the owner or lessee of the building where the same is stored. Art. 477. (7) That the storage of oils on the wharves, interpretation, the streets or the sidewalks shall be construed to be a storing within the prohibitions and penalties of this ordinance. Art. 478. (8) That whenever any such oil is found Removal, stored in contravention of this ordinance it shall be the duty of the officer to whom a knowledge of the fact comes to notify the responsible person to remove the same within six hours from the notice, and in case the said removal is not made within the time limited it shall be the duty of the Chief of Police to have the same removed at the expense of the responsible person . The failure and neglect of the responsible person to re- move within the time given the oil so stored in contra- vention of this ordinance shall constitute an additional and separate offence from that of storing the same, and shall be punished by a fine of not less than five nor more than twenty-five dollars, or by imprisonment for not less than five nor more than thirty days, or both, at the discretion of the court. GUNPOWDER. Art. 479. (1) It shall not be lawful for any person License to sen. to keep any gunpowder, or offer for sale any gunpowder, pe^" ?8s6.' without having previously obtained a license for that purpose. The Mayor shall grant licenses to vendors of gunpowder to sell by retail, who shall be permitted to have on hand no greater quantity than thirty pounds at any one time, said powder to be kept in a suitable tin or copper canister, to be labeled " Powder," in large let- ters, and the said canister must be kept on a shelf in sight, and within ten feet of the main entrance of the store. For this license ten dollars annually shall be paid. 240 COMBUSTIBLES AND EXPLOSIVES. Wholesale Art. 480. (2) The Mayor shall grant licenses to A.'s?'4'48. vendors of gunpowder by wholesale, who may keep on Ame'n^i^inghand One hundred pounds, and no more, at any one time, ■ ^''^' and who shall not be authorized to sell any quantity less than a package; provided, that all wholesale dealers shall keep their powder in kegs or canisters, carefully packed in chests made of copper or of wood, lined inside and out with tin or zinc, riveted, and with handles, and labeled '^ Powder" in large letters, to be placed on the ground floor, within ten feet of the njain entrance. For this license wholesale dealers must pay annually twenty dollars. Proviso. ^^ Art. 481. (3) Dealers in powder shall have a sign in large letters, containing the words " Licensed to sell powder" placed over the main entrance, or on either side of the entrance, in some conspicuous place. Vessels for Art. 482. (4) All boats employed in the convey- powder! ^ ' " ^ance of gunpowder shall display at the stern or bow a ■ red flag while there remains powder on the boat, and all powder so conveyed shall be carefully covered. Steam- boats or other vessels receiving powder at this city in quantities exceeding fifty pounds shall not be permitted to remain at any wharf for a period exceeding four hours after the receipt of over fifty pounds, nor after sunset. No steamboat or other vessel containing powder for de- livery in this city shall be permitted to touch or make fast to any of the wharves, unless such boat be decked so as to cover the powder, nor if the quantity on board exceeds twelve kegs, of twenty-five pounds each 5 and the Board of Harbormasters shall designate in each district the place of landing powder. It shall be the duty of all dealers in powder to deliver to the captains, or other oflicers of steamboats or other vessels receiving powder, a copy of this ordinance with each shipment. Packing. Art. 483. (5) No person shall be allowed to pack up ■ powder for shipment. Con Tcyance Art. 484. ( 6 ) Powdcr couvcycd through the city must through c.ty^.^ |^^ placcd in a safely-covered chest, and no dray or cart or other vehicle shall carry at any one time more than one hundred pounds. COMBUSTIBLES AND EXPLOSIVES. 241 Art. 485. (7) It shall be the duty of the Mayor to publish once every year the ordinances of the Common Council and acts of the Legislature relative to the sub- ject of gunpowder, and the Harbormasters shall dis- tribute the same among the officers of steamboats, ships and other vessels. Art. 486. (1) That no railroad company or person shall transport gunpowder in cars through any portion of the city of New Orleans in any quantity exceeding one hundred pounds, unless the same is placed in safely- covered chests. Art. 487. (2) That gunpowder may be delivered to railroad cars, or received from them in carts, drays or other vehicles as provided, or by boat, in the same man- ner as delivered to or received from sea-going vessels and steamboats. Art. 488. (3) Any person violating any provision of this ordinance shall be fined not less than fifty dollars, nor more than one hundred dollars. Art. 489. That permission be and is hereby granted to proprietors of powder magazines to transfer gunpowder from their magazines to the river bank for shipment in quantities of one thousand pounds or less ; provided, that said powder so transported be carefully packed in fire- proof chests, made of copper or of wood, lined inside and out with tin or zinc, riveted, and with strong han- dles, and labeled "Powder" in large and conspicuous letters. Art. 490. That the boats engaged in delivering pow- der from the magazines to the various railroads and steamboats in the city of New Orleans be allowed to lay at the wharf or landing designated by the Board of Harbormasters, between the hours of 10 a. m. and 4 p. M., each day in the week; provided, that at no time said boats be permitted to have or carry on board more than three hundred pounds of powder. Duty of Mayor, lb. Transportation in cars. A. S. 1.^45. Jan., 1872. Delivery. lb. Delivery. Penalty. Transfer. A. 8.4905. Feb., 1879. Hours for the delivery. A. S. 6610. Sept., 1880. POWDER MAGAZINE. Art. 491. (9) The powder magazine shall be opened Hours. at sunrise and closed at sunset, except when in cases of Dea,^i3?6. powder, 242 COMBUSTIBLES AND EXPLOSIVES. emergency the Mayor may deem it necessary to give other directions. Regniations. Abt. 492. (10) No pcrson shall be permitted to enter the powder magazine for the purpose of depositing therein or receiving therefrom gunpowder, except the owner of such powder or his duly authorized agents. All persons entering the powder magazine shall be obliged to use such precaution as the superintendent of such magazine may require. Delivery of Art. 493. (11) The Superintendent of said magazine lb, shall deliver no powder except at the written request of the owner or his duly authorized agent, and such de- livery shall be made on the levee. All powder intended for the powder magazine shall be landed on the levee in front of the wharf of the magazine. Charges. Art. 494. (12) The superintendent shall be entitled to " charge the sum of three cents for each and every twenty- five pounds of powder received and delivered by him. The charge for storage in the magazine shall be at the rate of forty cents for each hundred pounds, for every calendar month, and the same for all fractions of months, except for powder received for reshipment in lots of not less than one hundred kegs, which shall be subject to a charge of twenty-five cents for each hun- dred pounds; provided, it is taken out within fifteen days, and in the same lots as received ; storage payable monthly. Exceptions. Art. 495. (13) All powdcr belonging to the Wash- * ington Artillery and the Orleans Battalion of Artillery shall be stored in the powder magazine, free of all charges whatsoever. Penally. Art. 496. (14) Evcry person violating any provisions * of this ordinance shall be fined not less than fifty nor more than one hundred dollars. Permit to c. Art. 497. That C. B. Penrose, agent Sycamore A s. 7145. Powder Company, be and is hereby authorized to erect a building to be used as a powder-house, in the square bounded by Cambronne, Jefferson, Marks and New Canal shell road ; said house to be built of brick, 12 feet by 18 feet, 8 feet walls above the floor and ceiled with lb. COMBUSTIBLES AND EXPLOSIVES. 243 wood around the walls inside, with tin roof, plated doors, etc., and fence 7 to 8 feet high immediately around the building. Said ordinance revocable at the pleasure of the Council. TORPEDOES. Art. 4^8. That from and after the passage of this. Prohibiting ordinance it shall not be lawful for any person to land a. s. i.vs- or discharge, or cause to be landed or discharged, at *"' ' ^** any of the wharves of the city of New Orleans, or to bring or cause to be brought or introduced within the corporate limits of the city of New Orleans, torpedoes or toys for children, or other articles filled with combus- tible or explosive material, and any person guilty of a violation of this ordinance or any of its provisions shall Penalty, be subject to the payment of a fine not to exceed one hundred dollars for each and every contravention there- of or to imprisoment for a period not to exceed one month. COMBUSTIBLES. Art. 499. (2) It shall not be lawful to burn any shavings, bon- shavings or other combustible matter in any stieet, o*!"!3i73. square or public place, nor 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. Art. 500. (3) No owner or occupant of any stable stabiee and or dairy, or other persons, shall use, in any stable or **"^** ib. place containing hay, straw or combustible matter, any lighted candle or other light, unless the same be securely kept in a lantern ; nor shall any person keep any cot- ton, tay, 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 material ; nor shall any person keep any 244 COMMISSIONERS. cotton, hay or straw uncovered, 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 dol- lars for every day the violation shall continue, after notice from the Mayor or Street Commissioner. Pitch, tar and Art, 501. (4) It shall uot bc lawful for any person turpentine. ^ ' '' ^ lb. to 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. Hay, straw, Art. 502. (5) No owucr or occupant of any livery 6. s, 3175. or other stable or dairy, within the city or suburbs ; no cart driver, horse driver, nor any other person, shall use therein, nor in any place containing hay, straw or 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 dollars for each offence. Stoking Quicklime, see Lime. COMMISSIONERS. See City Charter, City Council Employees, False Alarms, Fire, Fire Department, Keepers, Labor AND Laborers, Markets, Neutral Grounds, Of- fences, Parks, Prisons and Jails, Streets and Wharves. commissioner of police and public buildings. See City Charter, Sec. 25. His duties. Art. 503. The Commissioner of Police and Public City charter, g^jj^jjjjgg gjjall, SO far as the Council may have author- ity, have in charge the House of Refuge and Correction, pounds and cemeteries and lighting of the city, and shall be vested with and perform such other functions and COMMISSIONERS. 245 duties as may be prescribed by the Council ; provided, that no authority or duty herein conferred or imposed upon said department or upon the Council shall conflict with or impair any of the powers, duties and rights con- ferred by this act upon the Mayor. He shall have gen- eral superintendence of the schoolhouses, markets, slaughterhouses, prisons and police stations, and jails, workhouse, asylums, hospitals and all courts and public buildings, except the City Hall, which shall be under control of the Mayor and the several executive officers. He shall be vested with and perform such other func- tions and duties as may be prescribed by the Council. He shall report to the Mayor monthly the full details and workings of his department. He shall receive an annual salary of three thousand five hundred dollars. He shall, before entering upon the duties of his office, in addition to the oath required, give bond iu the sum Bond and of twenty-five thousand dollars, with good and solvent ^^^^1^87. securities, resident within the jurisdiction of the courts "^"'y* '^'^' of the parish of Orleans, as shall be approved of by the Council, conditioned for the faithful discharge of his duties. Commissioner of Public Works. See City Charter, Sec. 24. Art. 504. The Commissioner of Public Works shall Duties of com - have general charge and superintendence of all matters Pubitc' works? relating to waterworks, railroads, canals, levees, '*^*^ weights and measures. The fire department and manu- factures, streets, sidewalks, pavements and wharves. The construction, cleansing and repair of the same. The construction and repair of bridges and drainage and hygiene of the city in so far as the same may be com- patible with the laws and duties of the Board of Health, and shall be vested with and perform such other func- tions as may be prescribed by said Council. He shall report to the Mayor in detail the working of his depart- ment. He shall cause to be made from time to time, at least quarterly, a detailed statement, to be submitted to the Council, statins: the conditio ns of the streets from 246 COMMITTEES — COUNCIL. curb to curb, including the bottoms and grades of the gutters along which tracks are laid or railroads cross or pass ; also the condition of the bridges, wings and cross- ings, whether the same be of iron or wood, also whether the grades of such railroad tracks, bridges and crossings are level with the surface ot the street ; also whether the natural drainage of any gutter is impeded by bridges or culverts over which said tracks are laid being too low or high, or for want of iron cross pieces being used for bridges in lieu of wood, or whether such natural drain- age is impeded for want of bottoms in bridges, or whether such bottoms of bridges require to be lowered or raised. He shall, before entering upon the duties of Bond and his officc, givc boud iu the sum of twenty- five thousand salary. dollars, with good and solvent security, residing within the jurisdiction of the coarts of the parish of Orleans, as shall be approved by the Council, conditioned for the faithful performance of his duties. He shall receive an annual salary of three thousand five hundred dol- lars. COMMITTEES, COUNCIL. SEE CITY COUNCIL AND CITY CHARTER. Art. 505. Committee 1, to Consist of Five Members. On Public Order ; on Legislative and Legal Questions ; on Bonds of Public Officials ; on Parochial Relations ; on Elections and Qualifications. Committee 3, to Consist of Five Members. On Finance ; on Public Debt ; on Syndicate. Committee 3, to Consist of Five Members. On Estimate of Expenses ; Rate of Taxation ; Prepa- ration of the Annual Budget ; on Assessment. Committee 4, to Consist of Five Members. '* On Public Health; on Abattoirs, Dairies, Stable, Cattle, Ranges and Pound Limits ; on Vidangeurs, their COMMITTEES — COUNCIL. 247 Apparatus, the Nuisance and Garbage Wharves and Boats. Committee 5, to Consist of Five Members. On Public Schools ; on Libraries, Records and Ar- chives. Committee 6, to Consist of Five Members. On Police ; on Public Buildings, Private Buildings and Fire Limits for same ; on Markets. Committee 7, to Consist of Five Members. On Fire Department, and Electrical or Telephonic Apparatus, as applied to Alarms and Messages; on Gas, Oil, Electricity, or other methods, as applied to the Public Lighting of the city. Committee 8, to Consist of Wine Members. On Streets and Landings ; on Railroads, street or steam, their movements, connections and depots ; on Steamboats, Ships," Steamships, Tugs, Barges, Elevators afloat, and all Water Craft. Committee 9r to Consist of Five Members. On Water ; on Drainage, its Apparatus and Canals ; on New and Old Navigation Canals ; on Levees of River, Lake, Canals and Protection. Coynmittee 10, to Consist of Five Members. On Public Improvements ; on Squares ; on Factories and Manufactories, Foundries, Mills, Refineries, Presses, Elevators ashore, Yards and Warehouses. Committee 11, to Consist of Five Members. On Charities^ Retreats, Asylums, Hospitals and Alms- houses. Committee 12, to Consist of Five Members. On Prisons, Lockups, Jails, Refuge, Correction and Workhouses. 248 COMPTROLLER. Committee 13, to Consist of Seven Members. On Rules and Organizations of the various Depart- ments of the City Government. Extract from Minutes City Council, Xovember 20, 1882. COMPTROLLER. See City Charter, Sec. 21. Approval of ^^^T. 506. (2) That all bills for work done and mate- ^'sept , 1870. rials supplied shall be approved by the administrator of A. s. 437- ^jjg department incurring the same, referring to the notarial contract, when any exists, and shall then be transmitted to the Department of Public Accounts. The administrator of that department shall examine and audit the same, and shall, on the first Tuesday of each month, present an ordinance to the Council embracing all such approved bills, and said ordinances shall specially apply to each department, and comprise the expenditures thereof of that character for the preceding month. Upon the passage of the ordinances by the Council, the Administrator of Public Accounts shall war- rant upon the Administrator of Finance for payment of the accounts so approved and passed. Contracts. Art. 507. (3) That whenever a contract shall have * been adjudicated in any department and approved by the Council, it shall be the duty of the City Notary to furnish a notarial copy of the same to the Administrator of Public Accounts, numbered in regular series for each department, who shall cause an abstract of the same to be entered into a book to be called the Contract Book, and which shall be properly indexed and classified for convenient reference. Art. 508. (4) In addition to the books hereinbefore mentioned, the Administrator of Public Accounts shall keep the books now to be described, as follows, viz. : Register of («) A *' Register of Claims," in which shall be en- ib. tered in the order of its reception from any department, the number, date, name of claimant, folio of contract book, nature of services performed, department from which received, and the amount of each claim and pay claims COMPTROLLER. 249 lb. roll received for audit and settlement. The said book shall also contain a column for remarks, in which shall be entered opposite each claim entered therein a state- ment of the action of the Council upon said claim, whether approved or rejected, and with reason for re- jection, (6) A note and bill book, in which shall be described Not each and every promissory note or bills receivable of every kind belonging to the city. (c) A paying warrant book, in which shall be regis- warrant book, tered in regular order, every warrant issued upon the Administrator of Finance, specifying the number of the warrant, date of issue, to whom issued, and the account against which it is drawn, with the number of the ordi- nance ordering the payment. (d) A receiving warrant book, in which shall be en- warrant book, tered every receiving warrant issued for moneys col- lected on account of the city, specifying its number and date, to whom issued, the account to be credited and the sum received. (e) A cash book, in which shall be entered the daily cash book, transactions of the city, and which shall be balanced at the close of each week, and the balance compared with cash in the hands of the depository, called Fiscal Agent, in section thirty of the City Charter. (/) A journal, in which shall be entered all transac- joumai. tions of the city which do not involve an actual payment or receipt of cash. (g) A ledger, in which shall be posted, under appro- Ledger, priate heads, the entries made in the cash book and journal, and which shall contain an account with each issue of bonds composing the funded debt of the city ; and said ledger shall be balanced on the thirty-first of December of every year, after placing to the credit of the respective accounts the unpaid sums, if any, of all liquidated claims against the city, which shall have been approved prior to December 31, so that the balance sheet shall exhibit the exact condition of the assets and lia- bilities of the city at the close of each fiscal year, and such balances shall be carried forward to the credit of 250 CONDUITS. the respective accounts of the ensuing year, to be pro- vided for in the budget. Ord. No. 1384, C. S., providing for the publication in pamphlet form of the pay rolls of the various departments, repealed by Ord. No. 4332, C. S. Seats in Council — See Citij Council. Petitions for Paving and Publications— See Ordinances. Division of Tax Bills, Real and Personal— See Taxes. Clerks and Employees — See Organization. Impeachments — See City Council. Vacancies — See Vacancies — See Contracts. CONDUITS. Franchise. Art. 509. That pcrmission be and is hereby granted to c.s." °" '^^''the Southwestern Brush Electric Light and Power Com- «g- 1 . • 35 pany to place their wires, by means of which incandescent electric light may be supplied their customers, on a line with and under the sidewalks under ground, as near the outer edge thereof as practicable, and at no greater depth from the surface than eighteen inches, along the line of any one or more of the following streets, to-wit : Route. on Canal street, both sides, from the river to Rampart street ; on Royal street, from Canal to Bienville streets ; on Baronne, Carondelet, St. Charles, Camp and Maga- zine streets, from Canal street to Girod street; on Union street, from Dryades to St. Charles street, and on Gravier street, from Dryades to Magazine streets. Under super- ^^T. 510. (2) That all work to be done by said com- smveyo?^alfdP^^y ^^<^6^ t^® P^ovi^io'is of tMs ordiuaucc, including commiss^oner^jjg restoring of the sidewalks which may be torn up or Works. ^^ disturbed, and thereafter keep in repair the paving over said openings, shall be so done under the supervision and to the entire satisfaction of the Commissioner of Public Works and the City Surveyor. Bond. Art. 511. (3)That said company shall execute a bond, ^^' with one or more good and solvent sureties, in favor of the city of New Orleans, in the sum of five thousand CONDUITS. 251 ($5000) dollars, conditioned the said company shall com- ply with the provisions of the preceding section (2). Art. 512. (4) That in consideration of the said Lights fur- grant and privilege, the said Southwestern Brash Elec- "ranchis"^ trie Light and Power Company shall furnish to the city of New Orleans incandescent electric lights during the continuance of this grant or privilege, free of any charge, as follows : Lights for the Council Chamber on all regular and special meeting nights of the City Coun- cil; lights to two committee rooms on regular and special meeting nights of Council Committees. That the lights so to be furnished shall be equal in number to those now in use in said Council Chamber and commit- tee rooms. Art. 513. (5) That said Southwestern Brush Liability for Electric Light and Power Company, or any firms or per- otheT partes! ** sons hereafter receiving similar privileges, occupying any street, alley or road with underground conduits, tubes, pipes, cables, electrical conductors or wires, shall be liable for all damages to gas and water mains, ser- vices and sewers, connection to sewers, and also for any damages caused by the opening of branches or condition of the street, alleys or roads, resulting from the laying of the conduits, tubes, pipes, electrical conductors, cables or wires, or making connection, for which the city of New Orleans would otherwise be held liable. Art. 514. (6) That when the city of New Orleans may Right of the desire to use or occupy any of the wires or conductors in ^j/J 1°^ " * * any of the conduits, tubes, pipes or cables, for police, ^^' fire alarm or other municipal purposes, the said South- western Brush Electric Light and Power Company, or any firms or persons to whom privileges may hereafter be granted for laying of underground conduits, tubes, pipes, electrical conductors, cables or wires, shall fur- nish the Commissioner of Police and Public Buildings with one and not more than three conductors or wires upon thirty days' notice, free of any cost to said city. The Commissoners of Police and Public Buildings to have the whole and absolute control of such electrical ment, 252 CONDUITS. conductors or wires as he shall select for the purpose named. Annual pay- Art. 515. (7) That ou all wlrcs or conductors placed lb. under ground, excepting such as are used or owned by the city of New Orleans, an annual payment of two dollars and fifty cents ($2.50) per mile or any part thereof in length on conductors or wires for electrical lighting purposes shall be paid to the City Treasurer on or before the first Monday in January, 1886, and annu- ally thereafter in advance ; failure to make payment as required within the time herein specified shall subject the offenders to penalty of fifty ($50) dollars per day for each and every day thereafter until payment is made. All penalties provided for in this ordinance shall be re- coverable before any court of competent jurisdiction. Charges on Art. 516. (8) That an annual charge of five (5) cents uiderground _ ^ ' ° ^ ' conduits. per running foot on all underground conduits, tubes or pipes for electrical conductors not exceeding twelve (12) inches in diameter be made, and on all other conduits, tubes or pipes for like purposes exceeding twelve (12) inches in diameter an annual charge of ten (10) cents be made, payable to the city of New Orleans at the same time and under the same provisions as are provided in section 7, for the payment of charges for conductors and wires. Penalty, etc. Art. 517. (9) That if the sai*d Southwestern Brush ■ Electric Light and Power Company should at any time dispose of this franchise and consolidate with any other company, said company shall forfeit all rights and privileges granted by this ordinance, and shall be liable to and shall pay to the city of New Orleans a penalty of twenty-five thousand ($25,000) dollars, to be sued on and collected by the City Attorney. The company or individuals buying from or consolidating with the afore- said company shall be liable and pay to the city of New Orleans the sum of twenty-five thousand ($25,000) dol- lars, to be sued out and collected as hereinbefore prescribed. to^b"e'^ciearof Art. 518. (10) That the said company laying any other pipe, ^j^ Qon^j^jits, tubcs, pipcs, cablcs, clectrical conductors or CONTRACTS AND CONTRACTORS. 253 wires shall lay such conduits, tubes, pipes, cables, electrical conductors or wires clear of all other pipes. Art. 519. (11) That this ordinance shall take effect when to take from and after its passage. ' ib. CONSTRUCTION— See Building. Surety to pos- sess real es- tate. CONTRACTS AND CONTRACTORS. See Building, Comptroller, Offences. Art. 520. Any person or persons contracting with the Mayor and Common Council of the city of New Orleans for any work to be done in pursuance of law or ordi- o"i''233^*' nance, or any person or persons accepting any offtce of trust or emolument from said corporation, who are re- quired 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. See Act 41 of 1894, authorizing certain corporations to become surety upon bonds required to be furnished by law, and prescrib- ing condition under which" they may do so. Art. 521. That from and after the promulgation of paving. this ordinance there shall be inserted in all contracts for ^Pg^J-^^^g;?. paving a clause requiring that work under same shall ^"^^^ *7' ^^^^ be commenced within three months from the signing of such contract, and progress at the rate of not less than three blocks per month till final completion. The con- tractor to furnish bond satisfactory to the Mayor or make cash deposit at his option to the amount of 10 per cent, of his contract, such bond or deposit to be given as surety for commencing and completing the work within the time herein specified ; provided, however, the time which existing laws prohibit the tearing up of streets or time lost through opposition of State Board of Health shall not be computed. 254 CONTRACTS AND CONTRACTORS. City Surveyor Art. 522. That no such contract shall be signed by to approve. ^^ ^^^ Mayor until after being approved by the City Sur- veyor as being in accordance with the plans and speci- fications on file in his ofiice, and with all existing ordinances not in conflict with the specifications. Repealing ord- Art. 523, That all ordiuanccs or parts of ordinances . ^^ conflict with this ordinance be and they are hereby repealed. License to be Art, 524. That in f uturc all contractors bidding for OrTSio 10,479. city work must show their license certificate to the Mar, 19. 1895, Tj.gg^g^j,^j.^ otherwise their bids will not be considered by the Finance Committee, contraciors 11- Art. 525. No coutract entered into with the city by fice^nse" ^^'^ partics liable to assessment for license shall be so con- N,^s,'34i.* strued as to operate as a release of such parties from such liability, but on the contrary shall be deemed as having been formed with the distinct understanding of liability imposed or to be further imposed. DutyofComp- Art. 526. The Comptroller is authorized to insert a troiier. ^^ correspoudiug clause among the considerations of all such contracts. Non fulfilment Art. 527. It shall be the duty of the Surveyor to re- Nov°"T8^s^2?" port to the Council the non-fulfilment of all contracts o- s, 4SS- jjj which the city may be interested. Extra work. Art, 528. All cMms agaiust the corporatiou f or cxtra ofs. 3%!' work connected with contracts shall not be included in the Surveyor's certificates to the contractors, but separate bills should be brought before the Common Council. No bill for Art. 529. That hereafter any person or persons con- ^nTess*(kfne un- tractlug with thc city, attempting or doing work for the sp^ecificatio°ns! city of Ncw Orlcaus, under said contracts, are notified o. s.' °' '^^^'that no bill will be approved unless said work is done '"^' * ' ■ under approved specifications, plans, '^spectfi- Art. 530. That from and after the passage of this tariaric*°to"be rcsolutiou uo coutract plan, specification or notarial act coun'^ii 'before shall bc cousummatcd before the same shall have been "^*Aii"!?o']J*rac°s presented to Council for approval, and that all contracts pen"s'^^of*^on- shall bc printed at the expense of the contracting party, ^Ord.'No."!;^, ^^d copies laid upon the desks of the members before *^Mkr. 24, iS8s. their final adoption and acceptance. All ordinances or CONTRACTS AND CONTRACTORS. 255 parts of ordinances in conflict herewith are hereby re- Art. 531. That the Comptroller be and he is hereby puns and spe- prohibited from offering for sale any contract for public b'f'^firsT^p^ works for materials or supplies to any of the depart- coundi^be^ ments, unless plans and specifications for same are first o/d.No%ui, approved by the City Council. ^" ^• Art. 532. That all paving of streets done by other Approval of parties than the city, the specifications of the work shall c o"m*^m e nc"e^ be approved by the City Council before the work shall ""^^ ° "^"^ ib. have been commenced. Art. 533. That it is the sense of the Council that the how abro- legislative branch of this municipal government has no^ord.No. 3474, right to usurp the functions of the judiciary, and to pass ^jan.9, issg. upon the validity of contracts entered into by the pres- ent Council, or its predecessors, but should refer all such questions to the proper tribunals to be legally and judicially settled. Provided, That this resolution shall in nowise imply that the Council may not, at any time, test the legality of any contract of questionable character, or to take ac- tion for the revocation of any contract whenever the provisions of the same are not faithfully complied with. Art: 534. (23) That all contracts for public works, contracts over or for material or supplies ordered by the Council, when jidk:a°ed* a^t the same exceeds five hundred dollars ($500) shall be seaied'prop^o" offered by the administrator of the department to which cfty charte? such contract pertains, at public auction, and given to **^'*^* the lowest bidder who can furnish security satisfactory to the Council, or the same shall, at the discretion of the Council, be advertised for proposals to be delivered to the administrator of the department to which such contract pertains, in writing, sealed, and to be opened by said administrator in the presence of the Mayor and the Administrator of Finance, and given to the person making the lowest possible proposal therefor who can furnish security satisfactory to the Council ; provided, that the Council shall in either case have the right to reject all bids or proposals. See Act 135 of 1888. 25G CONTRACTS AND CONTRACTORS. Finance Com- Art. 535. (1) That the Finance Committee shall have ord! No. 7122, the right and it shall be their duty whenever any bids ^jfii. 17,1895. are opened for any city contract or otherwise to take cognizance of the same without a previous reference to the Council, and to report their conclusion to the Coun- cil for final action. City Notary Art. 536. (2) That it shall be the duty of the City "^^' lb. Notary to prepare the contracts to be signed ready to be submitted to the members of the Council at the next meeting after final action has been had on said report. Take effect. Art. 537. (3) That this ordinance shall take effect ' from and after its passage. Return of de- Art. 538. That the City Comptroller of the city of fiung of^cer-New Orleans be and is hereby prohibited from returning contract^^ " to any bidder or contractor to whom a contract may c.'^s.^*''"'^°°' have been awarded, his certificate of deposit until he, Oct. 22, 1894. g^pj^ contractor, shall have left with the Comptroller a certificate from the City Engineer to the effect that a certified copy of such contract has been deposited in his office. Specifications Art. 539. That whcu specifications are adopted by the Com J^r^iS^'^ Council and the City Comptroller is directed by the ^ord. No. 3335, QquqciI to Call f Or bids on said work, the City Engineer Nov. 21. 1893. gjj^ii immediately forward a copy of such specifications for said work to the Comptroller's office, so he may be enabled to advertise intelligently for bids immediately ; and it shall be the duty of the Clerk of the Council to notify the City Engineer of the action of the Council. Mayor to ap- Art. 540. That the President of the Council aschair- fe°e'"to '^in'^Sti- man, with four members of the Council to be;appointed fnlrizT^them'.^J the Mayor, be and they are hereby appointed a colurlcts.'^ ^"special committee to investigate and familiarize them- ^oni. No. 3607, ggiygg ^ith existing contracts made by the city franchise Mar. 19, 1S89. given and the obligations thereby imposed ; examine the manner in which same are being complied with or car- ried out, and report the result of their labors with such suggestions as they deem proper to the Council. Provided, that nothing herein shall be construed as interfering with any investigation now in progress by any special committee of the Council. COURT OFFICERS. ' 257 Art. 541. That for the same purposes herein designated Authorized t e the said committee are hereby authorized and empowered T" n s ° V^d to send for persons and papers, administer oaths, etc., p*p*"' ^^ etc. Resident Labor — See Labor and Laborers. Specifications — See City Surveyor. Corporation Franchises and Contracts — See City Charter. COTTON PRESSES AND PICKERIES. See Building. . Art. 542. (1) It shall not be lawful for any person Not lawful to or persons, without the permission of the Common "dcc., 1856. Council, to erect within the limits of the city any build- ^-^--^'S"- ing 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. COURT OFFICERS. Art. 543. That the police force of the city of New officers of Re- Orleans shall be the executive officers of the Recorders' couns.* '* courts within the limits of the city of New Orleans. Dec", it's! Art. 544. (2) That immediat-ely upon the issuance Report to of any warrant from any Recorder' s court the police *^^**** ib. officer charged with the execution of the same shall re- port the fact of issuance to the office of the Chief of Police, and shall also report to the same office the man- ner and time of executing the same as soon as possible after the execution. Art. 545. (3) That the provisions of section 2 shall be construed as applying specially to the members of ^^ ordinance.*"* the police detailed to serve in the Recorders' court, as provided in section 5 of Act No. 131, of the extra session of 1877. Art. 546. (4) That any person connected with the 258 COURTHOUSES. Penally. police f 01*06 of this city who violates the provisions of ■ this ordinance shall be dismissed from the force. For Appointment of Officers — See liecorders^ Duties — See Becorders and Police. COURTHOUSES. Advertise. Art. 547. That the Comptroller is hereby directed to c. s. ' °' ''°' advertise for thirty days in the official jonrual and one e . 9, 1892. (^jjj^^gQ paper for plans for new court and jail building, in accordance with requirements, ground plan of site and other data in the office of the City Engineer, as fol- lows : Plans and spe To Architccts and Builders — Plans and specifications viteX"'"^ ' " are hereby invited from architects and builders for city buildings to be erected on square 303, bounded by Gravier, Common, Basin and Franklin streets, and to contain the following accommodations : Criminal Court. 1- For Criminal Court — Courtrooms, two judges' offices, three rooms for district attorney's office, two court clerk's offices, two rooms for sheriff's offices, property clerk, porter, six docks for each court, one grand jury room, with separate entrance, and connection with each court ; accommodation for two petit juries, consisting of sleeping room, sitting room, washroom and privies, place of detention for witnesses of each sex, three rooms for coroners' office, office for registrar of voters, and not less than four extra rooms, one of which to be not less than twenty feet square. Parish prison. 2. Parish Prisou — Cellrooms for 300 men and 50 women, preferably separate ; yard room for three grades of prisoners of each sex, four condemned cells, chapel, hospital and drug store, two kitchens and storerooms, two office rooms and two visitors' rooms, sleeping and sitting accommodations for six men. Police head- ^' Policc Hcadquartcrs — Two offices for chief, offices quarters. £qj. secretary, clerk, operator and batteries j storeroom and property room, three detective offices. 4. First Precinct Police Station — Captain's office, COURTHOUSES. 259 clerk's office, property room, assembly room for drill of First Precinct fifty men, four rooms for detention, lockup of ten cells, separating the sexes ; stables for twenty horses, and wagon house. 5. Recorder's Court — Courtroom, docks for four Recorder's grades of prisoners, judge's and clerk's office, affidavit room, property room. Particular attention must be given to the ventilation and lighting of the entire prem- ises, as well as full provision for water closet and sewerage and drainage, with distinction for both sexes. Art. 548. The accommodations can be arranged for one Description to or more buildings. Each plan shall be accompanied by pian.° ""^^^^ a clear description of the distribution, construction and material of the building or buildings; provided, that all materials used in the construction of said building or buildings shall be of the best quality, and all bricks used in the same shall be of hard burnt Tangipahoa or St. Tammany clay, except that terra cotta or first quality nf repressed bricks may be used for fronts. A plan of the proposed site can be seen at the office of the City Engineer. Plans must consist of a plan of each fioor and roof, longitudinal and transverse section, and at least one ele- vation, all perfectly in ink. An expenditure of $350,000 is contemplated by the city for these buildings. Art. 549. Each plan must be accompanied by an agree- cost, ment that the building or buildings shall be constructed by the party submitting same, for a sum within the amount to be appropriated, and for the amount stipu- lated in said bid, say ($350,000) three hundred and fifty thousand dollars, which shall also include cost of plans, supervision, construction and interest; and as a guar- antee a bond of ($100,000) one hundred thousand dollars must be furnished by each bidder, and the special com- mittee on court and jail building reserves the right to reject any and all plans, or to adopt anyone submitted, and to contract for the erection of same. Art. 550. That upon the adjudication to the success- ful bidder by the Council of the right to construct the 260 COURTHOUSES. Providing for new Criminal Court and Jail Building, authorized by th*e" contrac°. Ordinance No. 6050, C. S., the Mayor be and is hereby *he''c^oTt"o°t authorized to enter into a contract before the City No- 'oTd.'No. 6143, tary, to carry into effect the said adjudication, upon the Mar, 22, 1892. contractors furnishing bond with good and solvent se- curity in the sum of one hundred thousand dollars, con- ditioned upon the faithful performance of the contract. Appropria- Art. 551. That in order to provide the means for pay- ib. ing the three hundred and seventy-five thousand dollars, the proposed cost of said building and interest on de- ferred payments, the following appropriations are made : 1. The sum of $125,000, or so much thereof as may result from the sale of St. Patrick's Hall and the old parish prison, including cash realized under ordinances of appropriation already passed, be and the same is hereby set aside and appropriated to be employed for the payments first to be made in cash on said contract, as provided in the specifications. 2. For the payment of the balance of the proposed cost of said building, to-wit: The sum of $225,000 and interest at the rate of six per cent., the city hereby binds and obligates itself, and authorizes this obligation to be written in said notarial contract, to set aside and appropriate in the budget of each year for the years 1893, 1894, 1895, 1896 and 1897 as the first item payable out of the reserve fund (except for the year 1893, when it shall be the second item of the reserve fund), the sum of at least $50,000 per annum (except in the year 1897, when at least $25,000 shall be appropriated), and such other sum as may be necessary to cover accrued interest; and in case the sum appropriated out of the reserve fund of any year should not be realized by the first day of December of the following year, the city further binds and obligates herself to appropriate the deficiency out of the general budget for the year following the said first day of December. Promissory Art. 552. That f Or all the payments to bc made on "°^**' lb. said contract as per specifications, after the exhaustion of the cash item of $125,000 above appropriated, the Mayor and Comptroller are hereby authorized and di- I COURTHOUSES. 261 reeled to execute the promissory notes of the city of New Orleans to said contractor or order, bearing six per cent interest from date, payable at the rate of $50,000 a year with interest out of the above appropriation, each note to state on its face, the appropriation for the year out of which it is to be paid. These notes are to be issued on the certificate of the City Engineer that the amount specified is due to the contractor under said contract. Art. 553. That all of the appropriations above made AppropriaUons and agreed to be made are declared to be a substantial hemeidl^^n part of the contract right of said contractor, and the o^*e'"«*™«J'^j builders' lien given by law to said contractor is not in any manner to be waived by the taking of the notes afore- said, and the said lien shall of right be attached to and follow said notes in the hands of third persons. Art. 554. That it is hereby made the duty of the Funds to be set ap3.rt. Comptroller, or auditing officer, and the Treasurer, to ib. set apart and keep as a distinct fund the proceeds real- ized from the sale of the St. Patrick's Hall and of the parish prison, and the moneys or collections which shall have been appropriated in each year pursuant to this ordinance, and such proportion of all collections of the revenue as are herein agreed to be appropriated in the budget for the payment of the notes aforesaid shall be carefully set apart by said officers as collected, and shall be warranted for by said Comptroller and paid by said Treasurer on the presentation and surrender of said notes without further direction or ordinance of appro- priation. Art. 555. That Ordinance No. 6143, C. S., be and is a mending ord. No. 6334, hereby amended as follows : orT'"'* c. s. Strike out all of section 3 and insert in lieu thereof : Apr. 12, 189a. (3) That ''for all payments to be made on said con- tract as per specifications after the exhaustion of Jso.cxw a year, the cash item of $125,000 appropriated, or any other cash items that may be additionally appropriated thereto, the Mayor and Comptroller are hereby authorized and directed to execute the acknowledgments of indebted- ness of the city of New Orleans to said contractor, or 262 COURTHOUSES, order, bearing six per cent, interest from date, payable at the rate of fifty thousand dollars a year, with interest, out of the above annual appropriation, each acknowl- edgment of indebtedness to state on its face the ap- propriation for the year out of which it is to be paid. Certificate of ''Thcsc evideuces of indebtedness are to be issued on Engineer. ^j^^ Certificate of the City Engineer that the amount specified is due to the contractor under said contract." Art. 556. Strike out section 4 of said Ordinance No. 6143, C. S., and in lieu thereof insert the following : Builders' lien. (4) That all of the appropriations above made and agreed to be made are declared to be a sub- stantial part of said contract, and the builders' lien given by law to said contractor is not in any manner to be waived by the taking of the acknowledgments of in- debtedness aforesaid, and the said lien shall of right be attached to and follow said acknowledgments of in- debtedness in the hands of third persons. Art. 557. Strike out section 5 of said Ordinance No. 6143, C. S.,and insert in lieu thereof the following: Funds. (5) That it is hereby made the duty of the Comp- troller, or auditing officer, and of the Treasurer, to set apart and keep as a distinct fund the proceeds realized from the sale of St. Patrick's Hall and of the parish prison, and of the moneys or collections which shall have been appropriated in each year pursuant to this ordinance and such proportion of all collections of the revenue as are herein agreed to be appropriated m the budget for the payment of the acknowledgments of indebtedness aforesaid shall be carefully set apart by said officers as collected, and shall be warranted for by said Comptroller and paid by said Treasurer on the pre- sentation and surrender of said acknowledgments of in- debtedness, without further direction or ordinance of appropriation. Accepting bid Art. 558. That the plans and specifications for a new °op^.* ^' °'^' courthouse and jail presented by M, A. Orlopp, Jr., of c?s!' ^**' ^^^^' Dallas, Tex., be and the same are hereby accepted and ■'^P*'''"''^^*" approved, and the Mayor be and he is hereby authorized and directed to enter into notarial contract with the COURTHOUSES, 263 said M. A. Orlopp, Jr., of Dallas, Tex., for the con- struction of said courthouse and jail in accordance with the plans and specifications submitted, together with such changes as may be suggested by the joint commit- tees on finance, etc., special committee on new court house and jail, and sub-committee and the City En- gineer, all of which are on file in the office of the City Engineer, and as per his bid of March 26, 1892. Art. 559. That Ordinance No. 6273, C. S., be and the Repealing same is hereby repealed, and that the City Surveyor, in ord.*'No'. 6636! accordance with provisions of the city charter, be and Aug. 30, 1892, he is hereby directed to superintend the construction of the new court and jail building to be erected by the said M. A. Orlopp, Jr. Art. 560. That the contractor be and is hereby di- Rrick to be rected to allow all of the Schillinger pavement to be °orcl" No. 8619, done by the city of New Orleans, and that the contrac- ^'f^n. 16, 1894. tor be directed to oil all of the pressed brick and paint, all of the rough exterior walls, in a thorough and sub- stantial manner, all as per communications between the City Engineer and contractor under date of January 4 and 5. Art. 561. That the contractor release the city of New city released Orleans from any and all claims of any profit on account « t"'t o^^'c o n°I of laying any Schillinger pavement in the court-yards or ''^*'^'°''' ib. banquettes of the new courthouse and jail building, and will do all the oiling of the pressed brickwork, as also all painting of the rough exterior brickwork, for a sum amounting to two thousand seven hundred and fifty ($2750) in excess of his contract price of $350,000. Art. 562. That the Commissioner of Police and Pub- signs. lie Buildings be and he is hereby directed to cause to be c."s.°*'°''^^ ' painted signs, indicative of the dift'erent courts and ""^ ^ > ' offices in the Criminal Courts Building, for the informa- tion of the public. Art. 563. That said signs be put on the transoms or in such manner and style as may be required by judges, District Attorney and others requiring such signs. Art. 56'1. That said Commissioner do also cause to be Bulletin board, put up in a style consonant with said building such ^^' 264 COURTHOUSES. bulletin boards at the entrances of said building as wil enable any person to locate any office or court in said building on the same principle as the directory boards in the City Hall. Sewer con- Art. 565. That the Mayor bc and is hereby requested Ord. No. 9041, to make the necessary arrangements for the connecting Apr. 24, 1894. of a pipe with the pipe leading to the river from the Charity Hospital for the discharge of the sewerage from the new courthouse and jail buildings. Appropriating Art. 566. That the sum of six thousand dollars ord.°No. 9394. ($6000), or as much thereof as may be necessary, be July 3, 1894. and the same is hereby appropriated from the new court- house and jail building fund for the purchase of the right from Mr. D. H. Holmes to connect with his pipe at the intersection of Canal and Baronne streets, and for the making of the connection between the new courthouse and jail building and the pipe of Mr. D. H. Holmes. Purchasing property, Ords. Nos. 5463, 5586, 5744, 5785. 5902, 5908, 5915, 6108, 6245, 6273. Providing funds, Ords. Nos. 5794. 5804, 6108, 6245, 6252, 6981, 7063, 7233, 7343, 7509, 7569, 7684, 7811,7859,7982, 8116, 8293, 8294. 8874, 8903. 9056, 9119, 9249. 9293. Sale of debris, Ord. No. 6267. Plans and specifications, Ord. No. 7334. Appropriations, Ords. Nos. 6885)^, 7233. Extra work, Ords. Nos. 7632, 7633, 7783, 7901, 7930, 8951, 9295. Approving M^ork, Ord. No. 8820. Lights, Ord. No. 8195. Furniture, Ords. Nos. 8248, 8545, 8630. Schillinger pavement, Ords. Nos. 9093, 9256, 9376. Iron gates, Ords. Nos. 9103, 9428, 9711. Clock, Ords. Nos. 9391, 9392, 9565, 10,076, 11,228. Sewerage, Ords. Nos. 9393, 10,014, 10,063. Alterations, Ords. Nos. 9708, 9981. Additional boilers, Ords. Nos. 10,527, 11,144, 11,351. CIVIL COURT BUILDINGS. Appointment Art. 567. That the Mayor be and is hereby directed on* wa7s""andto appoiut a spccial committee of seven (7) members of *ord"No. 8332, the City Council, to be known as a Committee on Civil *^'nov, 21,1893. Courthouse Construction, which committee will proceed at once to thoroughly investigate, consider and adopt ways and means for the carrying to a successful issue the construction of a new courthouse for the civil judiciary DRAINAGE, 265 Art. 568. That the Mayor be and he is hereby requested special com and authorized to appoint a special committee to con- c i vTi oismo sist of (9) nine members of the Council, who, together o^rNo^'io.'i";^;^ with the Commissioners of Police and Public Buildings, Jan.* a, ,895. shall constitute a Special Committee on the New Civil *"' '^^' District and Supreme Court Buildings, etc., to whom shall be referred all matters, of any nature whatsoever, pertaining to the contemplated new buildings proposed, and it shall be their duty to report to the Council, fron time to time, on such matters as may come before then as more fully provided for under the rules of the Council. DAIRIES— See Stables. DRAINAGE. See Sec. 42, City Charter — (Repealing All Drainage Laws) — Lands and Levees. Art. 569. It shall be the duty of the Council, as soon Duty of coun- as practicable, to adopt a plan for the thorough draining city charter, and keeping dry and free from lake and river water, ^'^' *^' and the rapid carrying off of rain and storm water for the entire area of the city of New Orleans. In adopting such plan of drainage, the Council shall impose a specific assessment for local improvements not exceeding the in- crease in the value of the property drained, occasioned by the drainage. In estimating the increase in value the assessment on the assessment rolls of the year after the work is completed shall be taken as the value after drainage, making allowance for improvements destroyed or erected. That such local or specific assessment for drainage shall be considered as a payment for benefit conferred, and shall have a first privilege on the prop- erty, superior to all other privileges or mortgages. Art. 570. (1) That the different railroads throughout Removal of the city shall be required upon being notified by the stHngerl. ***** Commissioner of Public Works to cause to be removed, c.*s! ' ^°' ^**' within forty-eight hours from the service of notice, all *^*=*- 7. «884- 266 DRAINAGE. timbers or stringers of any description used in the con- struction of railroads and which may be declared by the said Commissioner of Public Works to be obstructions to a free and uninterrupted drainage ; and that said tim- bers, stringers, etc., shall in every 'case be replaced by iron bars or plates, or by any material suitable for the purpose, under the direction of the Commissioner of Public Works and City Surveyor. Penalty, Art. 571. (2) That upon failure or neglect of any ' company to remove obstructions of the kind herein speci- fied in section one hereof, and within the time specified, . it is herewith made the duty of the Commissioner of Public Works to have the same removed as soon as prac- ticable thereafter at the risk and expense of the com- pany. Under whose Art. 572. (3) That in the construction or repairing supervision. o n i • t i , i . i ., t lb. of all bridges, or culverts over which railroad tracks are laid, the work shall be perform ed^and'carried on to completion under the direction of the]^Commissioner of Public Works, and in accordance with specifications to be prepared by the City Surveyor and kept on file in his office. Repealing Art. 573. (4) That this ordinance shall take effect clause. ^ ^ . lb. from and after its passage, and that all laws or parts of laws in conflict herewith be and the^same[are herewith repealed. Provision for Art. 574, That, by and with the approval of the Board surv^y^.'^*'' ^'^^ of Liquidation, the sum of seventeen thousand five C.S.' °' ^'^°' hundred dollars ($17,500) from that portion of the Jan. 31.1893. g^j^.p|^g lj^ ^Yie hands of said board, which, by section 10 of Article 110, of the Acts of the Legislature of 1890, is dedicated for public improvements, *^be and is hereby appropriated for the making of a thorough and complete topographical survey of the city of New Orleans, and to obtain all the necessary data requisite ^for the formulat- ing of a complete plan of drainage. City Engineer Art. 575. That, immediately the] information . is ob- plans!'' " 'Hained, the City Engineer will prepare and submit to the ^^" Council of the city of New Orleans a complete and com- prehensive plan, with sufficient detail, to enable the DRAINAGE. 267 plan to be thoroughly understood, and in such form as to designate the manner in which the work can be executed by degrees, as money may be appropriated from time to time for the purpose of drainage, so that such money as is spent will be toward the ultimate completion of the complete plan. Art. 576. That the Mayor shall appoint three (3) com- Mayor to ap petent engineers to form an advisory board of engineers B^Trd.^^'^"**"^'^ for the purpose of approving. or disapproving: of the planj^sl' ^°' "^°' proposed by the City Engineer for the making of the ^^''' ^^' '^•'* topographical survey of the city of New Orleans, and obtaining information necessary for the formulating of a plan of drainage, as also to thoroughly investigate and pass upon such plan of drainage as may be sub- Their duties. mitted to the City Council for approval, the compensa- tion of this Board of Expert Engineers to be paid out of the fund provided for in this ordinance, which compen- sation is to be fixed by the Mayor, the chairman of the Water and Drainage Committee, and the chairman of the Finance Committee of the City Council. Art. 577. That the City Engineer shall confer with the city Engineer Mayor as to the expenditures, and will report every two council* ^'^ weeks to the Council of the city of New Orleans of the as!' ^°' ^'^°' progress of the work and expenses of same. Art. 578. That the sum of one hundred and twenty- setting aside five thousand dollars, paid or to be paid by the New f oT'VlrnagI Orleans Traction Company, Limited, under ordinance ''ord° No. 7543, No. 7472, Council Series, for franchise of street railroad ^Mky 9, 1893. as provided by Ordinance No. 7036, Council Series, be and the same is hereby appropriated and set aside to be used exclusively for drainage purposes. Art. 579. That from and out of the surplus of the Appropriations taxes of 1892 to be derived by the city from the Board ihYcai°urf5: of Liquidation, the sum of $17,500 be and the same isc.'S*^"' ^'^'' hereby appropriated for and to be applied exclusively to ^"^ '^' ^^^' the expenses of topographical surveys, plans of canals, drains, excavations, machinery, or other objects neces- sary for drainage expenditure, said sum to be expended under such supervisions and restrictions as the Council shall prescribe. 268 DRAINAGE. Creating drain- Art. 580. That the sum of seven hundred thousand s O C. o^r^^ No" 8327, ($700,000) dollars, derived from the sale of the franchises Nov. 21, 1893. of city railroads acquired by Henry Bier, be and the same is hereby created a sacred fund to be devoted ex- clusively and solely for drainage purposes. Board. Art. 581. That the plans for the preliminary topo- graphical survey, if the hereinafter Advisory Board should deem the same necessary, as well as any plans of survey or plans of drainage offered by civil engineers or other parties, shall be submitted to the Advisory Board, to be composed of Mr. H. B. Richardson, present Chief State Engineer, Major B. M. Harrod, Mr. Rudolphe Hering, Mr. R. M. Walmsley, Mr. J. C. Denis and Mr. Edward Fenner (Albert Baldwin) for approval or recommendation by said board to the City Council; provided, that no plan of drainage shall be finally adopted by the said Advisory Board, unless it re- ceives the approval of a majority of the aforesaid City v ac an cies Council. In casc of the death of any member of the Advisory Board herein named, the other member shall select another person to act with them. Clerk to notify Art. 582. That the Clerk of the Council is hereby lb. instructed to send a notice to the members of the afore- said Advisory Board of the meetings of the Committee on Drainage, in order that said members may be ad- vised and enabled to be present at said meetings. Plan of drain Art. 583. That thc plan of drainage as submitted by ord^No^^o^ggi.the Advisory Board be and the same is hereby approved July 10, 1895. and accepted and made the plan of drainage to be put in execution in the city of New Orleans, w^ith this excep- tion. Broad street That the Broad street canal and the provisions made canal. thcrcfor, in making it the main canal for the drainage system, ber amended so as to conform to a plan sub- mitted by the City Engineer, providing for the covering of same. Report ot Ad- Art. 584. That the plan and system of drainage for Is^°7niended the city of New Orleans, as recommended in their report adopted. i^y. ^YiQ Advisory Board on drainage for the city of New Orleans and as amended by plans of the City Engineer DRAINAGE. 269 relating to the covering of the main canal on Broad street, be and the same are hereby approved and ratified by the Common Council of the city of New Orleans, Art. 585. That the City Engineer be and he is hereby city Engineer directed to prepare detailed plans and specifications for p°ia'ni'and the execution of the work as provided in this ordinance. Iwls * And the said City Engineer is hereby authorized to city Engineer. draw for the cost of the preparing of said detail plans draw for pay- and specifications, and continuance of said bureau from ™f*"pre°parkig the funds in the treasury of the city of New Orleans set ^ *"^" aside for drainage purposes, and the Comptroller be and he is hereby directed to transfer the sum of ($5000) five thousand dollars from amount set aside for drainage purposes in accordance therewith. That out of the sum of $17,500 appropriated for the surplus in the hands of the Board of Liquidation, under section 10 of article 110 of the Acts of the Legislature of 1890, for the purpose of providing for the drainage of the city of New Orleans. That the sum of $14,000 or so much thereof as is ord. No. 7571, necessary be and the same is hereby appropri- ^^MJy 10, 1893. ated for the making of a topographical survey of the city of New Orleans herein provided for. Ordinance 6688, C. S., repeals Ordinance 6407, C. S., setting aside certain funds for drainage purposes, under Act 110 of 1890. Art. 586. That permission be and is hereby granted Authorizing to the City Engineer to secure the services of Messrs. {^' Lcur"^' "e?^ jf certain ; o r : as consulting or advisory engineers on the plans and g°n|ers!"^ *" specifications for the drainage which he is now prepar- c.'^s/^°"'''^ •jjg Oct. 22, £895. Art. 587. That the remuneration for the services of Ren,un^.ration. these engineers be approved by his Honor, the Mayor, ^^' and paid out of the funds set aside for the drainage of the city of New Orleans. Appointment of Commission and defining its powers, Ord. No. 3555. Ordering election on tax, Ord. No. 3688. Drainage pumps, Orleans and Bienville, Ords Nos. 2369, 5746, C. S. Fifth District, Ord. No. 4272, C. S. 270 DRAINAGE. Bienville and Melpomene, Ord. No. 8235, C. S. Advertising proposals, Ord. No. 5753, C. S. Drainage account, Ord. No. 3508, C. S. Drainage of section between Canal and Toulouse streets, Ord. No. 4556, C.S. Closing drains on both sides Belt R. R. on Louisiana avenue, Ord. No. 5440, C. S. Ordinance No. 1530, New Series. Approved August 18, 1869. Ordinance No. 4376. Approved in 1859, and ordinance No. 5687. Approved 1861. Surveyor to take ctiarge of all the drain- ing machines. Ordinance No. 6375. Approved in 1865; 6391 approved in 1865. and ordinance No. 2, New Series, relate to the contracts for running the draining machines. Ordinance No. 4775. Approved July 30, 1859, made it the duty of City Treasurer to collect amounts due by property holders for draining. Ordinance No. 5250. Approved July 9, 1860, relates to office for the Draining Commissioners. Ordinance No. 362. Approved December 24, 1866. Surveyor to take charge of the draining machines. Ordinance No. 481, New Series. Approved February 26, 1867. Sale of contract for digging draining canal for Bienville street draining machine, in place of Bayou St. John. Ordinance No. 613, New Series." Approved June 18, 1867. Re- lating to Bienville street draining machine. Ordinance No. 618. New Series. Approved June 18, 1867. Re- lates to London avenue draining machine. Ortinance No. 1113, New Series. Approved November 4, 1868, and 1401 New Series. Approved May 1, 1869. Relative to open- ing and widening Orleans street for drainage. Ordinance No. 1218, New Series. Approved January 9, 1869. Directing Surveyor to cut ditches on both sides Dumaine street for draining purposes. Ordinance No. 1453, New Series. Approved May 21,1869. To construct dredgeboats for use in draining. See also ordinance 1529, New Series. Approved August 1, 1869. No. 3364, relating to machine in Third District. No. 3527, relating to draining companies. No. 3584, Surveyor to take charge of machine in First District. No". 3731, release of claims of New Orleans in favor of certain partieis. Nos. 4149, 4163, 4440, levees and drains. No. 4468, draining machine for Third District. Nos. 4438, 4467, appropriation for machines and levees, Fourth District. No. 5691, neglect of Commissioners to comply with statutes. ACTS OF THE LEGISLATURE. For statutes incorporating New Orleans and Ship Island Canal Company, see act approved October 27, 1868, p. 185, No. 148. For acts repealing all laws creating draining districts in Or- leans, etc., see Act 1869, No. 51, p. 49. See also Act of 1835, p. 67; 1855, No. 118, p. 124; 1858, No. 165, p. 114; 1859, No. 56, p. 45; 1860, No. 205, p. 150: 1861, No. 33, p. 24; 1861, No. 34, p. 25; 1861, No. 57, p. 43; 1866, No. 136, p. 264. DETECTIVE AGENCIES. 271 Decisions of Siphemk Court. Gutters and drains in the city of Xew Orleans are intended to carry off the water which falls from rains, 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 An., p. 424. In Eleventh Annual Report, p. 338, the whole subject of drain- ing and drainage taxes is fullj^ and ably discussed. DEAD ANIMALS— See Health. DEAD BODIES— By Violence. See Health and Quarantine. Art. 588. That whenever any person shall have come Not to bedis. to his death by violence, or whenever the cause of death ^Vd.'No. 6720, of any person shall be unknown, it shall be unlawful sept. 19, 1892. after the death of such person to touch or remove, or in any manner to disturb or alter the position or appear- ance of the dead body until the same shall have been viewed by the Coroner; provided, that any person who shall have knowledge of a drowned person, or shall find a corpse adrift, shall be authorized to take it ashore, and shall be required to cause notice to be given to the Coroner of the parish of Orleans. Art. 589. That whoever shall violate the provisions of this ordinance shall suffer imprisonment in the parish prison for a term not to exceed thirty days, or be sub- jected to a fine of $25, or both, at the discretion of the Recorder having jurisdiction. DEAF, DUMB AND BLIND ASYLUM- See Almshouses, Etc. DETECTIVE AGENCIES. Art. 590. That it shall be unlawful for any person, unless he is authorized and commissioned as hereinafter 272 DETECTIVE AGENCIES. Unlawful to provided, to act as a private detective or private police s^eif° out as^^a officcr or policc agent, or to hold himself out to the public futhoHzed! ""'as such private detective, private police officer, or police c s!" '^°* ^' '^' agent, or to keep, or maintain or carry on or participate Mar, 31, 1891. -^ the carrying on, the business of a private detective agency ; provided, however, that this ordinance shall not apply to any person who acts in any particular matter, as an amateur detective in the public interest, without compensation. Penalty, Art. 591. That any person violating this ordinance ' shall be liable, on conviction before the proper Recorder, to a fine of twenty-five dollars, or imprisonment for thirty days, or both, or by imprisonment for thirty days in default of the payment of the fine. Separate of- Art. 592. That cach and every day in each and every fences. ^^ separate case in which any person shall act in violation of the provisions of this ordinance shall be considered a separate offence, and shall be punished as such. Application to -^RT. 593. (4) That any pcrsou desiriug to actas private c u y Coun- (jg^gg^yg iu tMs City, or to establish and maintain a ^oro. No. 5260, private detective agency herein, shall make application Apr. 31, 1891. ju writing to the City Council. If the Council approve the application by proper resolutions, then the Mayor shall commission the applicant upon his giving bond in Bond. the sum of five thousand dollars, with two sureties satis- factory to the Mayor, conditioned that he and all his employees will faithfully perform their duties to his constituents and obey the provisions of this ordinance ; any i)erson aggrieved shall have remedy on said bond, and it shall be renewed every two years ; if not renewed at its expiration, the Mayor shall recall and cancel the commission issued by him. Take effect. Art. 594. (5) That this ordinance shall take effect from ^ord. No. S187, and after its passage. Repealing Art. 595. (6) That all laws or parts of laws in conflict clause. ^^ ^j^^j^ ^j^g provisions of this ordinance be and the same are hereby repealed. DRIVERS AND DRIVING. 273 DISTRICT ATTORNEY. Fees to be budgeted and paid by city of Xew Orleans. Act 41 of 1884, p. 47. Fees, when payable. Act 135 of 1890, p. 176. Fees fixed. Act 29 of 1890, p. 23; Art. 134 of Constitution of State of Louisiana. DITCHES— See Fences. DRIVERS AND DRIVING. See Funerals, Streets and Railroads. Art. 596. Any drayman, carter or other driver of Fast drivingri any cart, dray, wagon, tumbril, lumber cart, wood cart, o. s." 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 slow 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 offence ; 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. And it shall be the duty of the Chief of Police to place a competent force on the principal thoroughfares of the city, to enforce the pro- visions 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. Art. 597. All owners or drivers of carts or wagons, what vehicles or other vehicles used in selling, conveying brick, bread, '"'^'" ^^" ib. beer, porter, ale, water, etc., within the limits of the city shall be, and are hereby declared to be, liable to the same regulations and liabilities as the owners and drivers of drays, carts, etc., are by the present ordi- 274 DRIVERS AND DRIVING. Speed. nances; and they are expressly forbidden to drive through any of the streets or roads of the city at a speed greater than a slow trot, or turn the corner of a street or road at a gait faster than a walk, under the penalties and fines imposed by the preceding article. Must keep to Art. 598. It shall be the duty of all draymen, carters, lb. coachmen, and all other drivers or persons driving any coach, carriage, 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 car- riage or person ; and any person failing to do so, or in any manner contravening this article, shall pay a fine of not less than five nor more than twenty-five dollars. Duty of driver Art. 599. That if any accidcut Or iujury shall hap- in case of ac- J. a J • J. 1 cidents. pen on account of any dairyman or cartman, horse or horses, mule or mules, dray, cart, coach, cab, gig, buggy or other carriage whatever, while running, coming in contact with any person, 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 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 four- teen days. Keep their Art. 600. Every drayman, cartman or other driver *^*'^' lb. of ^^J i at each polling voters of the precinct in which they are to act. The six commis- a'p"o i ntmVnt sioners shall be appointed not less than ten days prior to any an d quaiifica- election, as hereinafter provided. Said commissioners of election shall be selected from opposing political parties; provided, there be a sufticient number of each political part}^ resident in the several precincts competent to fill said oftices. That each politi- cal party shall have the right to designate one person at each election precinct, who shall at all times have access to the poll- ing booth for the purpose of witnessing the voting as well as the counting of the votes. Manner of Sec. 16. Be it further enacted, etc., That at any election in the e°ec tiVn'm P^^'isti ^^ Orleans the Board of Supervisors of Election, which New Orleans, gaid board shall consist of three members to be constituted as fol- lows : one appointed by the Governor, one to be the Registrar of Voters of the parish of Orleans and the other to be the Civil Sheriff, shall, in appointing the commissioners and clerks of elec- tion, divide the six commissioners and two clerks into two sets, designating by name the appointees who shall form set No. 1, and ELECTIONS. 277 the other No. 2, each set consisting of three commissioners and one clerk. That on the opening of the polls, set Xo 1 shall re- ceive the votes and conduct the election during the first four hours, using one of the ballot boxes for that purpose, and at the end of the first four hours the said commissioners and clerks shall re- move the ballot box to the rear of the polling booth, but within the room within which the booth is located, and there proceed to count the ballots therein and enter on the tally sheet the total number of votes cast, the result of said election during the first four hours, which result they shall post in front of the poll so soon as ascertained for public inspection, giving the names of the candidates and the votes cast and counted for each. When said count for the first four hours is in process of being counted the ballots thus counted shall each be called, be strung on a string, cord or twine, and they, together with the tally sheet for the first four hours, shall be safely deposited in some place within the poll ; when the first set of commissioners and clerks shall have retired to the rear of the polling place at the end of the first four hours, the second set of commissioners shall place the second ballot box in position, and shall proceed to conduct the election during the second four hours, and at the termination thereof shall in the same manner retire and count the ballots therein and perform in like manner the duties hereinbefore laid down for the first set, who, at the termination of the second four hours, shall replace the second set in the conduct of the election for the third four hours, again retiring at the termination thereof and being replaced by the second set, and said two sets of com- missioners and clerks shall go on receiving the ballot, making the count and tally thereof and* performing the other duties required by law, always alternating each four hours in the conduct of the election in the manner hereinbefore provided ; the commissioners last on duty on the day of election shall serve for five hours in- stead of four; that it shall be the duty of the commissioners of election at each polling place to keep a list of the persons voting at such polling place, which list shall be numbered from one to the end; and said list so kept and numbered as aforesaid shall be signed and sworn to as correct by the commissioners immediately on the closing of the polls and before leaving the place or open- ing the ballot box containing the ballots deposited in the last hour; if no officer authorized to administer oaths be present to administer the oath to the commissioners, it may be adminis- tered by any voter, or if no voter be present by the commission- ers to each other. Immediately after taking the oath as afore- said the commissioners shall proceed to open the ballot box used during the last hour and count the votes therein, and shall per- form the other duties hereinbefore laid down as for any other hour of the election, all in the presence of any voter or voters who may desire to be present. 278 ELECTIONS. Special Elections. How and in SECTION 1. That whenever oue-third of the property taxpayers tax *o "afaTn of ^.ny parish, city or incorporated town in this State shall peti- the J^ ?''k. o t tion the police jury, municipal or town authorities of their par- provement o r ish, city or town, to levy a special tax in aid of any work of pub- prise ^shau^ be lie improvement or railway enterprise, the said police jury, mu- levied in any nicipal or town authorities shall order a special election for that parish, city or ^ ^ town. purpose and submit to the property taxpayers of their parish. ''^iSSa"' ^'^ ^^ ei^y o^ town, entitled to vote under the general election laws of the State, the rate of taxation and the purpose for which it is in- Proviso. tended : provided, saidelection be held under the general election laws of the State at that time in force, and at the polling places at which the last preceding general election was held, and not sooner than thirty days after the official publication of the peti- tion and ordinance ordering the election, both of which shall be made in the same manner as provided by law for judicial ad- vertisements. How and in Sec. 2. That a special tax may be levied by any parish, city rL'l!iLTfiT^!^'^ or incorporated town in this State to aid the construction and special la.X iii«iv ^ be levied in any erection of public buildings, bridges and other works of public t(f\vn ' for ^ the improvement, to be erected and constructed within the limits of erection or con- , struct! on of public build- payers of their respective parishes, cities or towns shall vote works "f^pub- therefor : provided, however, the property taxpayers of any par- lie im prove- jgjj jj^^y jgyy ^ special tax for building bridges over streams dividing their parish from any contiguous parish or State, and the Proviso. property taxpayers of any city or incprporated town may levy a special tax in aid of works of public improvement or railway en- terprise extending beyond the corporate limits of their city or town, but not beyond the limits of the parish in which said city or town may be situated. How and in SEC. 3. That a Special tax may be levied by any parish, city what nianner^a qj. incorporated town in this State in aid of any work of public be levied. improvement or railway enterprise extending within or beyond the limits of the State, when a majority of the property taxpayers in number and value shall vote therefor. Duties of mu. ^^^- "*• 'I'^at the police juries or municipal authorities ordering nicipal au- elections under this act shall, ten days after each election, make p rem uigaie public and official promulgation of the result, and shall have the the result. game powcr to enforce and collect any special tax that may be authorized by said election as may be by law conferred upon them for the collection of other taxes. Ordinance No. 6230, C. S., repealed by Ordinance Xo. 6890, C. S,. and provided for by Act 181 of 1894. ELECTRIC LIGHT AND POWER COMPANIES. 279 ELECTRIC LIGHTS— See Lights. ELECTRIC LIGHT AND POWER COMPANIES— See Lights, Spark Arresters, Poles, Privileges, Streets and Wharves. brush electric light and power company. Art. 607. (1) That the Southwestern Brush and Elec- Right of the trie Light and Power Company, organized under and by Brush Electric virtue of the laws of the State of Louisiana, to the end Power c''o"m. that it may be able to carry out and effect the object of '''oe'c., issi. said corporation and erect and establish electric lights in * '^^^ ' the city of New Orleans, for itself, its successors and assigns, shall have and possess the right, power and authority to erect and maintain in, over and through the city of New Orleans, and in, over and through all streets, highways, levees and public ways and places therein, all such wires, conductors and cables as shall or may be- come necessary to carry out the object and purpose of said corporation, and to establish and extend, as may be required, electric lights and a system of lighting by electricity and to furnish electric power in this city, and to supply the demand therefor, as the same may arise or grow up in the future, and may for this purpose con- struct and lay one or more cables across the Mississippi river, or across any other water or channel within the limits of the city, and land the shore ends of such cables at any convenient point or points within the city limits ; and may erect all such poles or masts as may be or be- come necessary or expedient to carry out the purpose and object of said corporation, subject always to limita- tions and conditions contained in this ordinance. Art. 608. (2) That all main lines and circuits shall Main unes and be of copper or some other material of equal conduc- '="''^"'**- j^ tivity, and shall have and possess capacity to conduct electricity at least three times in excess of the estimated maximum quantity and intensity demanded by the cir- 280 ELECTRIC LIGHT AND POWER COMPANIES. cuit to which the conductor belongs, and to maintain all lights on the circuit at their maximum illuminating power ; and in no case shall the conductor of any circuit have a conducting surface or capacity of less than No. 8, English gauge copper wire, and all such wires or con- ductors shall be well and securely covered with a good insulating material, and well and securely insulated by glass or other insulating material at all points of sus- pension or support. Not to ob- Art. 609. (3) That all lines of wires, all poles, masts, struct «treets.^ ^^^ landing of the shore ends of all cable, as well as all other necessary works and constructions, shall be located and constructed so as not to obstruct the public use of the streets, levees and public places or to interfere with commerce or travel. Wires and con- Art. 610. (4) That in all cases where the wires or lb. conductors on any of the circuits shall enter any build- ing, such conductor shall be carried into the. building without any reduction of its size or conductivity at the point of entry, and in all cases where, in entering, the wire shall come near the structure of such building, it shall be well and thoroughly insulated, and at all points where such conductors shall come in contact with or pass through wood in entering such building, the same shall have at that point an extra coating of rubber or other insulating material, at least one- eighth of an inch in thickness, outside of the wire, and this extra coat- ing shall envelop the wire as far as it shall continue to pass through wood ; and no wire or conductor shall have any joint within four feet of the point where such con- ductor enters any building. Globes. Art. 611. (5) That all lights fed by electricity shall * be securely enclosed in glass or porcelain globes, and so protected at the top as well as at the bottom that it will be impossible for a spark from the burning carbon points to escape. Duly of Ad Art. 612. (6) That it is hereby made the duty of the Pohle^^'*" °* Administrator of Police to have inspected all lines of wire ^^' and conductors erected or in use by said corporation, and to ascertain whether the same are erected and operated ELECTRIC LIGHT AND POWER COMPANIES. 281 as required by this ordinance, and to cause the same and all the provisions thereof to be obeyed and observed ; and in case it is reported that the said wires are so run or fastened as not to be safe in every respect, as con- templated in this ordinance, then the Administrator of Police shall have the right to order its immediate re- moval or its reconstruction in such manner as to con- form to the requirements herein ordained. Art. 613. (7) That the city reserves the right to amend Re servation or qualify this ordinance from time to time by adding ^ ^' ib. to the conditions and limitations already recited such other and additional requirements as experience and scientific demonstration may show to be necessary for the preservation of persons or property. Art. 614. (8) That all splices or joints, wherever the Spiices and same may occur, shall be thoroughly soldered after ^"'^ ' ib. such splice or joint is made, and in addition thereto shall be well and thoroughly wrapped with kerite tape or other insulating material, so as to produce perfect insulation at such joint or splice. Art. 615. (9) That the Electric Light Company shall, insulation ot as much as possible, avoid crossing any telephone, tele-"""^^^" ib. graph or fire-alarm wire ; but where it becomes neces- sary to cross such wire or wires, the electric light wire or wires shall at such point be additionally insulated with proper insulating material, and after such insula- tion the wires crossing, viz. : the elecU-ic light wire and such wires as it crosses, shall be bound together in such manner as to prevent any free motion whereby the in- sulation on any of the wires might be destroyed. LOUISIANA ELECTRIC LIGHT AND POWER COMPANY. Art. 616. (1) That the Louisiana Electric Light and Franchise. Power Company, organized under and by virtue of the c.^'^'^" ^°" ^°^' laws of the State of Louisiana, to the end that it may be ^"^-S' '^^'^• able to carry out and effect the object of said corpora- tion and erect and establish electric lights in the city of New Orleans for itself, its successors and assigns, shall have and possess the right, power and authority to erect and maintain in, over and through the city of New Or- 282 ELECTRIC LIGHT AND POWER COMPANIES. leans and in, over and through all streets, highways, levees and public ways and places therein, all such wires, conductors and cables as .shall or may become necessary to carry out the object and purpose of said corporation, and to establish and extend as may be required, electric lights and a system of lighting by electricity and to fur- nish electric power in this city and to supply the de- mand therefor, as the same may arise or grow up in the future, and may for this purpose construct and lay one or more cables across the Mississippi river, or across any other water or channel within the limits of the city, and land the shore ends of such cables at any convenient point or points within the city limits, and may erect all such poles or masts as may be or become necessary or expedient to carry out the purpose and object of said corporation, subject always to limitations and conditions contained in this ordinance. Main lines and Art. 617. (2) That all main lines and circuits shall be of copper or some other material of equal conduc- tivity, and shall have and possess capacity to conduct electricity at least three times in excess of the estimated maximum quantity and intensity demanded by the cir- cuit to which the conductor belongs, and to maintain all lights on the circuit at their maximum illuminating Requirements, powcr ; and iu uo casc shall the conductor on any circuit have a conducting surface of capacity of less than No. 8 English gauge copper wire, and all such wires or con- ductors shall be well and securely covered with a good insulating material, and well and securely insulated by glass or other insulating material at all points of sus- pension or support. Use oi streets Art. 618. (3) That all Hncs of wircs, all poles, masts, structed! """" the landing of the shore ends of all cables, as well as all other necessary works and constructions, shall be located and constructed so as not to obstruct the public use of the streets, levees and public places or to inter- fere with commerce or travel. jRptrance to Art. 619. (4) That in all eases where the wires or buHdmgs. conductors on any of the circuits shall enter any build- ing, such conductor shall be carried into the building ELECTRIC LIGHT AND POWER COMPANIES. 283 without any reduction of its size or conductivity at the point of entry, and in all cases where, in entering, the wire shall come near the structure of such building, it shall be well and thoroughly insulated, and at all points where such conductor shall come in contact with or pass through wood in entering such building, the same shall How insuiat- have at that point an extra coating of rubber or other insulating material, at least one-eighth of an inch in thickness, outside of the wire, and this extra coating shall envelop the wire as far as it shall continue to pass through wood ; and no wire or conductor shall have any joint within four feet of the point where such conductor enters any building. Art. 620. (5) That all arc lights fed by electricity Arc lights; how shall be securely enclosed in glass or porcelain globes, and so protected at the top as well as at the bottom that it will be impossible for a spark from the burning carbon points to escape. Art. 621. (6) That it is hereby made the duty of the a d ministrator Administrator of Police to have inspected all lines of °^ ° '"' wire and conductors erected or in use by said corpora- tion, and to ascertain whether the same are erected and operated as required by this ordinance, and to cause the same and all the provisions thereof to be obeyed and observed ; and in case it is reported that the said wires are so run or fastened as not to be safe in every respect, as contemplated in this ordinance, then the Administra- tor of Police shall have the right to order its immediate removal or its reconstruction in such manner as to con- form to the requirements herein ordained. Art. 622. (7) That the city reserves the right to Right reserved amend or qualify this ordinance from time to time by ^^ *^'*^' adding to the conditions and limitations already recited such other and additional requirements as experience and scientific demonstration may show to be necessary for the preservation of persons or property. Art. 623. (8) That all splices or joints, wherever the. spuces or same may occur, shall be thoroughly soldered after such ^°'" splice or joint is made, and in addition thereto shall be well and thoroughly wrapped with kerite tape or other 284 ELECTRIC LIGHT AND POWER COMPANIES. insulating material, so as to produce perfect insulation at such joint or splice. Crossing other Art. 624. (9) That the said Electric Light Company shall, as much as possible, avoid crossing any telephone, telegraph or fire-alarm wire; but where it becomes necessary to cross such wire or wires, the electric light wire or wires shall at such point be additionally insulated with proper insulating material, and after such insula- tion the wires crossing, viz. : the electric light wire and such wires as it crosses, shall be bound together in such manner as to prevent any free motion whereby the in- sulation on any of the wires might be destroyed. Ord. No. 2477, C. S., Sec. 2, and Ord. 2976, C. S., Sec. 2, re- quiring the Louisiana Electric Light and Power Company to furnish an electric plant, etc., to the Charity Hospital, repealed by Ord. Xo. 3231, C. S., Oct. 2, 1888. Use of public Art. 625. (1) That permission be and the same is here- ^o°rd?No. 3658,by granted to the Louisiaua Electric Light and Power Nov. 29, 18S7. Company, its successors and assigns, to use for a period of twenty-five years from the date of the passage of this ordinance, the strip of public ground comprised between Water street or the Belt Railroad track, to the line of the public road fronting the river, Richard street and Market street, as a place for receiving coke, coal, oil, etc.. Consideration, iu Consideration for which the Louisiana Electric Light and Power Company shall keep the levee from Richard to Market street well lighted during the term of this grant. Notarial act. Art. 626. (2) That the Mayor be and he is hereby in- ■ structed to pass a notarial act embodying the provisions of this ordinance, and that, in said act, the said Louisiana Electric Light and Power Company shall bind itself to hold the city harmless against any recovery of damages which may be obtained in any action which may be brought by any party or parties to be affected by any of the provisions of this ordinance. Repealed Art. 627. (3) That all ordinances in conflict with this c ause. ^^ ordinance be and the same are hereby repealed, and that this ordinance shall go into effect from and after its passage. Lease of batture fronting its works. Ord. No. 5832, C. S. ELECTRIC LIGHT AND POWER COMPANIES. 285 EDISON ELECTRIC LIGHT COMPANY. {Grant to George B. Laivrason, heirs and assigns.) Art. 628. That said George B, Lawrason, M. D., his Franchise, heirs, assigns and successors, are hereby accorded andc?8!*^°' '*^* granted the right, power and authority to erect and ^"^' '°' ' maintain in, over and through the city of New Orleans, and in, over and through all streets, highways, levees and public ways and places therein, all such wires, con- ductors, mains and cables as shall or may become neces- sary to establish and extend, as maybe required, electric lights, and a system of lighting by electricity, and to furnish electric power in said city, and to supply the demand therefor, as such demand may arise or grow up, . and also the right, power and authority, in furtherance of the foregoing purposes and objects, to erect all such poles or masts, and lay all such wires, cables and mains under the surface of streets, levees, highways, and pub- lic ways and places, and do all such things as may be or become necessary or expedient to carry out the said objects and purposes, subject to the limitations and con- ditions contained in this ordinance. Art. 629. (2) That all main lines and circuits shall Main lines and be of copppr, or some* other material of equal conduc- '^"*='"'^- j^, tivity, and shall possess capacity to conduct electricity at least three times in excess of the maximum quantity and intensity demanded by the circuit to which the con- ductor belongs, and to maintain all lights on the circuit at their maximum illuminating power, and all such wires and conductors shall be well and securely insu- lated by glass, or other insulating material, at all points of suspension or support; that all lines of wires, all poles and masts, as well as all other necessary works and constructions, shall be located so as not to obstruct the public use of the streets, levees and public places or to interfere with commerce or travel. Art. 630. (3) That in all cases where the wires or Entering buiid- conductors on any of the circuits shall enter any build- '"^^' ib. ing, such conductors shall be carried into the building without any reduction of its size or conductivity at the 286 ELECTRIC LIGHT AND POWER COMPANIES. point of entry, and in all cases where, in entering, the wire shall come near the structure of such building, it shall be thoroughly insulated. Duty of Com- Art. 631. (4) That it is hereby made the duty of the missioner of . . m^ ■>■ t T~k i i- t. -i t Police and Commissiouer of Police and Public Buildings to have m- ings. spected all lines of wires and conductoi-s, erected or in ' use by said Lawrason, his heirs, successors or assigns, and to ascertain whether the same are erected and operated as required by this ordinance, and to cause the same and all provisions thereof to be obeyed and ob- served, and in case it is reported that said wires are so run or fastened as not to be safe in every respect, as contemplated in this ordinance, then the Commissioner of Police and Public Buildings shall have the right to order its immediate removal or its reconstruction in such manner as to conform to the requirements herein ordained. Splices and Art. 632. (5). That all splices or joints, wherever the joints. ^^ same may occur, shall be thoroughly soldered after such splice or joint is made, and in addition thereto shall be well and thoroughly wrapped with insulating material, so as to produce, as near as possible, perfect insulation at such joint or splice, a,nd that where it becomes neces- sary to cross any telephone, telegraph orfire-alarna wire, the electric light wire or wires shall at such point be thoroughly insulated with proper insulating material, and, after such insulation, the electric light wire and such wires as it crosses shall be bound together in such man- ner as to prevent any free motion whereby the insulation on any of the wires might be destroyed. Commissioner Art. 633. (6) That all work to bc douc by said Geo. B. wofks.^'**^ Lawrason, M. D., his heirs, assigns or successors, under ^^' the provisions of this ordinance, including the restoring of the streets, sidewalks, etc., which may be torn up or disturbed, and thereafter keep in repair the paving of said openings, shall be so done under the supervision and to the entire satisfaction of the Commissioner of Public Works and the City Surveyor. Bond. Art. 634. (7) That the said Geo. B. Lawrason, his heirs, ^^" assign or successors, shall execute a bond with one or ELECTRIC LIGHT AND POWER COMPANIES. -287 more good and solvent sureties in favor of the city of New Orleans in the sum of five thousand ($5000) dol- lars, conditioned that said Geo. B. Lawrason, his heirs, assigns or successors, shall comply with the provisions of the preceding section 6. Art. 635. (8) That said Geo. B. Lawrason, his heirs. Liability, assigns or successors, or any firms or persons hereafter re- ^^' ceiving similar privileges, occupying any streets, alley or road with underground conduits, tubes, pipes, cables, electrical conductors or wires shall be liable for all dam- ages to gas or water mains, services and sewers, con- nections to sewers, and also for any damages caused by the opening of branches or condition of the street, side- walk, a leys or roads resulting from the laying of the conduits, tubes, pipes, electrical conductors, cables or wires or making connection, for which the city of New Orleans would otherwise be liable. Art. 636. (9) That on all wires or conductors placed Annual charge under ground, excepting such as are used or owned by c o n'd'u^l tors the city of New Orleans, an annual payment of two dol- **" *'*^'^°"ib. lars and fifty cents ($2.50) per mile or any part thereof in length for conductors or wires for electrical lighting purposes, shall be paid to the City Treasurer on or be- fore the first Monday in January, 1887, and annually thereafter in advance. Failure to make payment as re- quired within the time herein specified shall subject the offenders to penalty of fifty ($50) per day for .each and every day thereafter until payment is made. All penal- ties provided for in this ordinance shall be recoverable before any court of competent jurisdiction. Art. 637. (10) That an annual charge of five (5) cents on aii under per running foot for all underground conduits, tubes org^^^g'^'^ *^°"" pipes for electrical conductors not exceeding twelve (12) ^^ inches in diameter be made and on all other conduits, tubes or pipes for like purposes exceeding twelve (12) inches in diameter, an annual charge of ten (10) cents be made, payable to the city of New Orlean's at the same time and under the same provisions as are charged in section 2 for payment of charges for conductors and wires. 288 ELECTRIC LIGHT AND POWER COMPANIES. Forfeiture. Art. 638. (11) That if the said George B. Lawrason, 'his heirs, assigns or successors, should at any time dis- pose of this franchise and consolidate with any other company, said George B. Lawrason, his heirs, assigns or successors, shall forfeit all rights and privileges granted by this ordinance, and shall be liable to and shall pay to the city of New Orleans a penalty of twenty-five thousand ($25,000) dollars, to be sued on and collected by the City Attorney. The company or individuals buying from or consolidating with the afore- said George Lawrason, his heirs, assigns or successors, shall be liable and pay to the city of New Orleans the sum of twenty- five thousand ($25,000) dollars, to be sued out and collected as hereinbefore prescribed. Clean of all Art. 639. (12) That the said George B. Lawrason, pipes, etc, jj^ his heirs, assigns or successors, laying any conduits, tubes, pipes, cables, electrical conductors or wires, shall lay such conduits, tubes, cables, electrical conductors or wires clear of all other pipes. Hold the citY Art. 640. (13) That if anything in the above pro- harmiess. ^^ yisious should rcsult iu iujury to private property or be in conflict with any right or privileges heretofore granted by the city to any person or company, the said George B. Lawrason, his heirs, assigns or successors, by their acceptance of this ordinance, bind themselves to equitably settle all such injuries and to hold the city harmless- from all damages or reclamation whatever arising from such conflict; provided, that the work of construction shall be begun on or before January 1, 1887, and that $25,000 worth of work shall be completed on or before the 1st of January, 1888 ; provided, that Null and void, iu the cvcnt this company does not begin work on or lb. before the 1st day of January, 1887, then this ordinance to be void. City reserves Art. 641. That the city reserves the right to amend or cer ain r.g s^ qualify this ordinance from time to time by adding to the conditions arid limitations already recited such other and additional requirements as experience and scientific demonstration may show to be necessary for the preser- vation of persons or property. ELECTRIC LIGHT AND POWER COMPANIES. 289 GRANTING THE ALGIERS ICE MANUFACTURING COMPANY THE RIGHT TO ESTABLISH, ETC., ELECTRIC LIGHTS, ETC., IN THE FIFTH MUNICIPAL DISTRICT. Art. 642. That said Algiers Ice Manufacturing Com- Franchise. pany is hereby accorded and granted the right, power c.s.' °' ^^^' and authority to erect and maintain in, over and through ' *^ '°' ' said Algiers, Fifth District of New Orleans, and in, over and through all streets, highways, levees and pub- lic highways and places therein, all such wires, con- ductors, mains and cables as shall or may become neces- sary to establish and extend, as may be required, elec- tric lights, and a system of lighting by electricity, and to furnish electric power in said Algiers, Fifth District of New Orleans, and to supply the demand therefor, as such demand may arise or grow up, and also the right, power and authority, in furtherance of the foregoing purposes and objects, to erect all such poles or masts, and lay all such wires, cables and mains, under the sur- face of streets, levees, highways and public ways and places, and do all such things as may be or become necessary or expedient to carry out the said objects and purposes, subject to the limitations and conditions con- tained in this ordinance. Art. 643. (2) That all main lines and circuits shall Main lines and be of copper or some other material of equal conduc- tivity, and all such wires and conductors shall be well and securely insulated by glass or other insulating ma- terial at all points of suspicion or support ; that all lines of wires, all poles and masts, as well as all other neces- sary works and constructions, shall be located so as not to obstruct the public use of the streets, levees and pub- lic places or to interfere with commerce or travel. Art. 644, (3) That in all cases where the wires or Entrance to conductors, or any of the circuits, shall enter any build- ''"''*^'"^®- ing, such conductor shall be carried into the building without any reduction of its size or conductivity at the point of entry, and in all such cases where in entering the wire shall come near the structure of such building it shall be thoroughly insulated. 290 ELECTRIC LIGHT AND POWER COMPANIES. Splices and Art. 645. (4) That all spllces or joints, wherevei' the ^*"" *■ same may occur, shall be thoroughly soldered after such splice or joint is made, and in addition thereto shall be well and thoroughly wrapped with insulating material, so as to produce, as near as possible, perfect insulation at such joint or splice ; and that when it becomes neces- sary to cross any telephone, telegraph or fire-alarm wire, the electric light wire or wires shall at such points be thoroughly insulated with proper insulating material. streets, side- Art. 646. (5) That all work to be done by the Algiers '* ^ ■ Ice Manufacturing Company under the provisions of this ordinance, including the restoring of the streets, side- walks, etc., which maybe torn up or disturbed and thereafter keep in repair the paving of said openings, shall be so done under the supervision and to the satis- faction of the Commissioner of Public Works and the City Surveyor. Conduits, etc., Art. 647, (6) That the Algiers Ice Manufacturing other pipes, Company laying any conduits, tubes, pipes, cables, elec- trical conductors or wires shall lay such conduits, tubes, pipes, cables, electrical conductors or wires clear of all other pipes. Injury lo Art. 648. (7) That if anything in the above pro- ^^"^ ^' visions should result in injury to private property or be in conflict with any right or privilege heretofore granted by the city to any person or company, the said Algiers Ice Manufacturing Company by their acceptance of this ordinance bind themselves to equitably settle all such injuries and to hold the city harmless from all damages or reclamation whatever arising from such conflict ; Shall begin, provided, that the work of construction shall be begun on or before June the first, 1892, and that the work shall be completed on or before January the first, 1893 ; provided, that in the event this company does not be- Void. gin work on or before the first day of January, 1893, then this ordinance to be void ; provided, further, that Con fined to this grant only applies to private lighting in Algiers or ?"afDisScSdtlie Fifth Municipal District of the parish of Orleans, pnyate light- ^j^^ ^j^^ Algiers Icc Manufacturing Company is posi- tively prohibited, under a forfeiture of their privileges ELECTRIC MOTORS. 291 as far as it pertains to electric lighting", from laying a cable or connecting their plant in any way with the op- posite side of the river. Art. 649. That the city reserves the right to amend Reservation or qualify this ordinance from time to time by adding to ° " ^* the conditions or limitations already recited such other additional requirements as experience and scientific dem- onstration may show to be necessary for the preserva- tion of persons or property. ELECTRIC MOTORS. GRANTING T. PRUDHOMME, MAURICE J. HART ET AL., RIGHT TO USE CARS PROPELLED BY ELECTRIC MOTORS. Art, 650. That the privilege is hereby granted to T. Franchise. Prudhomme, Maurice J. Hart, W. J. Behan and Edgar c^s!' ^°* ^^°*' H. Farrar, their transferees, associates and assigns, and Andord.'r^! any corporation to which they may hereafter transfer ''^'^* ^' ^" this privilege, the right for fifty years to use cars pro- pelled by electricity, on any and all of the street rail- roads of this city, with their consent ; provided**, that all said cars, so propelled by electricity, on said street rail- roads, shall be used only for the transportation of pas- sengers, and shall, in all respects, conform to the rules and regulations now prescribed by the respective charters and franchises of said railroads. It being distinctly understood that nothing herein contained shall be construed as granting exclusive privi- lege, and it being farther understood that no street rail- road company shall be permitted to use such improved system, unless such company shall have complied with all of the charter obligations and contracts. GRANTING JOS. A. WALKER, ALDEN M'LELLAN ET ALS., RIGHT TO USE CARS PROPELLED BY ELECTRIC MOTORS. Art. 651. That the privilege is hereby granted to Franchise for Joseph A. Walker, Alden McLellan, Joseph Hernandez, oSJ^aljaS, E. J. Hart, Henry Larquie, Wm. J, Behan and Thomas *^nov. 13, i888. Pickles, their transferees, associates and assigns, and 292 ELEVATED BRIDGES. to any corporation to which they may hereafter transfer this privilege, the right for fifty years to use cars pro- pelled by electricity, on any and all of the street rail- roads of this city, with their consent ; provided, that all said cars so propelled by electricity on said street rail- roads shall be used only for the transportation of pas- sengers; and shall, in all respects, conform to the rules and regulations now prescribed by the respective char- ters and franchises of said railroads -, provided, how- ever, that no system shall be used requiring poles and wires to be placed on the public thoroughfares, but only such system as will in itself be contained in each car, and be of such low voltage as to be absolutely safe, and subject to the approval of the City Council, it being dis- tinctly understood that nothing herein contained shall be construed as granting exclusive privilege, and it be- ing further understood that no street railroad company shall be permitted to use such improved system unless such company shall have complied with all of its charter obligations and contracts. ELECTRIC SIGNALS— See Gates ELEVATED BRIDGES. PRIVILEGES. Ord. 6062. American Sugar Refining Company, to connect their building in square bounded by Customhouse, Clay, Bienville and Front streets with depot of the Southern Pacific Railroad by a bridge extending across Clay street; also to connect their building on Decatur. Toulouse, Clay and St. Louis streets with building on triangle by bridge across Clay street. February 17, 1892. Ord. 11,000. American Sugar Refining Company, an elevated bridge across Wells street, connecting their building in square bounded by Customhouse, Wells, Crossman and Front streets with the building on triangle, bounded by Customhouse, Delta. Wells and Crossman streets; also an elevated bridge from building on triangle, bounded by St. Louis and Delta streets, to their building located in square bounded by St. Louis, Decatur, Toulouse and Clay streets, for the purpose of conveying fuel and other materials, Julv 11, 1895. ELEVATED BRIDGES. 293 Ord. 10,310. Crussel, J. E., to operate an overhead tramway with swinging arm at the head of Robin street for the purpose of unloading merchan- dise from barges into his yard. February 12, 1895. Ord. 10,345. Dunbar, G, W., an overhead tramway from their factory, corner Desire and Levee streets, over and across Peters street to Mississippi river. February J 9, 1895. Ord. 5550. Gordon, Frank L., wire rope conveyor on Girod, between Front and Fulton streets, August .31, 1891. Ord. 3868. Louisiana Sugar Refinery Company, to connect re- finery corner Customhouse and Front streets with warehouse of said company in square bounded by Customhouse, Front, Crossman and North Peters streets by elevated bridge across Customhouse street. Ord. 4003. Louisiana Sugar Refinery Company, to erect light wire elevator skidway between cooperage factory and refinery building, for passing empty barrels. September 30, 1889. Ord. 3885. Morgan's Louisiana & Texas Railroad & Steamship Company, to connect its buildings on either side of Bienville street by an elevated bridge, August 2. 1889. Ord. 8062. National Rice Milling Company, an enclosed elevated bridge across the upper roadway of Elysian Fields street, from their mill in square bounded by Elysian Fields, Esplanade. Peters and Decatur streets, for the purpose of conveying their products to and from cars standing on the existing tracks on the neutral ground of Elysian Fields street in front of their mill, September 27, 1893. Ord. 9091. Nicholson & Co., to construct an elevated bridge across Bank place, from 17 to 18 Bank place, May 4, 1894. Ord. 4501. Orleans Manufacturing Company, to connect their property on both sides of Girod street, between Fulton and Peters streets, by an elevated bridge, May 12, 1890. Ord. 5255. Old Basin Sash Factory, to connect their shops by foot bridge over Liberty street, August 24, 1890. Ord. 6232. Old Basin Sash, Door and Blind Factory, to construct conveyors of shavings to shaving vaults near boilers in square bordered by Toulouse, St. Louis, Treme and Marais streets. Also, to connect their factory with shops situated in the square bounded by Treme, Franklin, Carondelet Walk and Toulouse streets, April 8, 1892. Ord. 6112. People's Slaughterhouse and Refrigerating Com- pany, to erect bridge across N. Peters street from Levee to their premises, March 19, 1892. 294 EMPLOYEES. ELEVATORS. PRIVILEGES. Old. 11,000. American Sugar Refining Co., to operate their (3) fuel elevator-hoppers on Clay street alongside of boiler house, in connection with their track; also, to operate a fuel elevator or hopper on Clay street, alongside of their building located on the triangle formed by St. Louis, Clay and Delta streets, in conjunction with track, July 11, 1895. Ord. 2850. Edwards & Haubtman, Delta, Front, Poydras and Lafayette streets, derrick on banquette, March 10. 1888. Ord. 3225. Louisiana Electric Light and Power Co., riverfront near Market street, elevator fronting their works. October 4, 1888. Ord. 8984. Myles & Co., Front and Poydras streets, to erect shed over sidewalk in front of their store, April 14, 1894. EMPLOYEES. See Comptroller, Labor and Laborers. Leave of ab- Art. 652. That from and after the passage of this whom granted, resolution no leave of absence, except in case of illness, c.'s*. °* "'°° shall be granted to any employee of the city through ^^ ' '' ' any source other than that of the City Council. Nine hours' Art. 653. (1) That nine hours' labor shall constitute ord!^*No. 6S9sa full day's work for all laborers employed by the city Nov'. 2, 1892. of New Orleans upon all legal days, except Saturdays, and upon Saturdays eight hours' labor shall constitute such full day's work. Transfers Art. 654. That uo clcrk or employee of the city of Ord." No.' 30SS New Orleans shall be permitted to sell or transfer his July* 24. 1888. salary or wages before the same shall have been earned. And for any violation of this ordinance the penalty shall be immediate dismissal from the city's service. This ordinance shall take effect on the first day of September, eighteen hundred and eighty-eight. Transfer clerk Art. 655. (1) That the placc of Trausfcr Clerk, as abolished \ / i 7 Ord. No. 3441 now established, be discontinued from and after January Jan. 2, .889.1, 1889. EMPLOYEES. 295 Art, 656. (2) That from and after January 1, 1889, Transfers to transfers of earned time, in order to secure the identifl-''^ swomto.^^ cation of parties, shall be sworn to before a notary by the chief of the department concerned. Art. 657. (3) That the Comptroller be hereafter Comptrollers charged with the duty of recording all transfers what- " ^" ib. soever, and that he be allowed to employ an additional clerk at .a rate not to exceed $1000 per annum. Art. 658. (4) That the rolls from and after January roiis 1, 1889, be made so as to show on the face the name of the wage-earner, his residence, the time by him earned, his signature, and the name and signature of his trans- feree. Art. 659. (5) That all ordinances or parts of ordi- clause.^'"''* '"^ nances in conflict with this ordinance are hereby re- pealed. Art. 660. That in order to adopt and carry into effect Payments the system of paying the employees of the city of New '^ord'.Tol'gaTS Orleans semi-monthly, that the following procedure be juiy 3, 1894. adopted in relation to financial ordinances for salaries of the various departments, viz. : That the one-twelfth or so much thereof as may be necessary of the budget amount allowed the several departments be ordinanced for at the first meeting of the Council in each month, and that the Comptroller is hereby directed to warrant on the Treasurer in payment of pay rolls for the periods from the 1st to the 15th and from the 16th to the end of the month, which are properly certified by the executive officers and approved by the Finance Committee ; pro- vided, that no warrant shall be drawn for an amount in excess of the proportionate allowance to each depart- ment. Old. No. 4332, C. S.. repeals Ord. Xo. 1384, C. S. ENGINEER, CITY— See Surveyor. ENTERTAINMENTS— See Amusements. EXCAVATING COMPANIES— See Vidangeurs. 296 FACTORIES, TANNERIES, ETC. EXECUTIVE— See Mayor. EXPLOSIVES — See Combustibles and Explosives. EXPROPRIATIONS Of lands for railroads and other works of public utility, see Sees. 698 to 719 and Sees. 1479 to 1493 of the Revised Statutes ; Constitution, Arts. 155, 156; C. C. 497, 2626. 2641. Ords. Nos. 2655 and 2764 , C. S.. expropriates certain property on Peters street belonging to the Ursuline Nuns and A. Dela- vigne, and provides for payment of same. FACTORIES, TANNERIES, ETC. Permission Art. 661. (1) From and after the passage of this or- be obtained. '° dinance it shall not be lawful for any person or persons S'p'p^ovJd to establish either a soap factory, tannery, bone-black March 30, 1855. factory, camphene factory or slaughterhouse within the limits of this corporation, or to continue any that may now be established, without first having obtained per- mission of the Common Council, under a penalty of one hundred dollars for each and every offence, recoverable before any court of competent jurisdiction, for the ben- fit of the city. Repealing Art. 662. (2) That all ordinances or parts of ordi- '^ *"^^" nances contrary to this be and the same are hereby re- pealed. Height of Art. 663. That the chimneys of all furnaces connected 2SC5. c. s. Ar ord. No. SOD, j^^g^ twenty feet above the highest building within an Oct. II. 18S7. g^j,^^ qJ Qjjg hundred. feet from the said factory, etc., and shall have caps on them so constructed as to prevent cinders and soot from falling upon the neighboring houses. Smoke from Art. 664. (3) That the owners or lessees of the said c """^y^j^ fg^ctories, etc., shall take all proper precaution to pre- vent the noise of their machinery or smoke emanating from the chimr the neighbors. *^ol^?1^o. 2505, with steam engines used in factories ^of every descrip- ■ from the chimneys thereof from becoming a nuisance to FACTORIES, TANNERIES, ETC. 297 Art. 665. (4) That any person or persons refusing to Penalty, comply with the requirements of this ordinance, upon the official order of the Mayor, shall be subject to a fine of twenty-five dollars for each week from and after the first notification that he shall have neglected or refused to comply with the requirements of this ordinance, and in the event of failure to pay the said fine, the person or persons so [refusing and offending shall be imprisoned for a period not exceeding thirty days ; the said fine or penalty to be imposed by the Recorder of the district in which the said factories, etc., may be located. Relative to Smoke Consumers — See Steam Engines. See Forges, Spark Arresters, Steam Engines. Relative to Noises and Nuisances— See Offences. PRIVILEGES. Ord. 6726. Athens, W. Y. & Co., Louisiana avenue and Green street, planing years, to begin and to be computed from the 19th day of Febru- ary, one thousand eight hundred and ninety-four (1894), and to end on the 18th day of February, one thousand nine hundred and nineteen (1919)." FERRIES. 319 The whole in pursuance of the provisions of said ordinance No. 8858, Council Series, and previous proceedings of the City Coun- cil, and the aforementioned resolution of said Police Jury, and in strict conformity with the specifications, which are in words and figures following, to-wit : Specifications for Sale of a Franchise for a Steam Ferry Launch from Napoleon Avenue, Sixth District, to Such Point in the Parish of Jefferson as May Be De- termined BY the Police Jury of Said Parish. This Franchise is Sold for a Period op Twenty-five Years FROM Date of Adjudication. There shall be kept and maintained in good condition during the continuation of the lease at each terminus of this ferry a sub- kepUn good stantial and convenient floating wharf not less than twenty-five condition, feet in length and six feet in width and constructed in such man- ner as to provide a suitable landing. There is also to be maintained at each ferry terminus, of such waiting rooms dimensions as will be deemed necessary for the accommodation ^ " ** gang- of passengers, a suitable house, and a gangway not less than four feet wide will be provided for the ingress and egress of passen- gers to and from the landing on either side. The purchaser or purchasers of this franchise shall obligate steam launch^ themselves to run or cause to be run a strong, substantial steam launch as follows: From the first of March to the first of Novem- ber, from 5 A. M. to 8 p. m., *and from the first of November to the first of March from 6 A. m. to 7 P. M. It being understood that the boat will leave the Jefferson side on arrival of each passenger train on Texas & Pacific Railroad. The launch employed must be strong and substantially built, and pass inspection by the proper government officers. The above lessee or lessees of this ferry shall be required to Lights, maintain an electric light at their landing place on this side of the river. From one-half hour before sunrise to one-half hoar after sun- charges, set the charges will be as follows: Fifteen tickets, each ticket good for one passage either way between the hours above men- tioned, for one dollar; seven tickets for fifty cents, or three tickets for twenty-five cents. A single passage either way shall be ten cents. Crossing and returning same day, fifteen cents for round trip. Package weighing twenty-five pounds and under, five cents; package weighing over twenty-five pounds and less than one hun- dred pounds, ten cents. Package weighing over one hundred pounds, ten cents for each hundred pounds. From one-half hour after sunset to one-half hour before sun- rise the fare shall be twenty-five cents for each passenger either 320 FERRIES. Forfeiture. way, and the lessee will have the right to run a strong, substan- tial skiff during the night. Responsibility. The purchaser or purchasers of this franchise shall be respon- sible not only to the Police Jury of the parish of Jefferson and the City Council of the city of Xew Orleans as a common carrier, but also to any and all persons who maybe aggrieved by his non- compliance or ill-compliance with the stipulations of the above specifications, and said injured person or persons may bring suit in any court of competent jurisdiction either in the parish of Or- leans or Jefferson for the full amount of damage sustained by the said person or persons resulting from active or passive violation of this franchise. Police free. When in the discharge of official duties, but at no other time, lawfully constituted police officers of the city of Xew Orleans and the parish of Jefferson shall be entitled to free passage to and fro on said ferry. „ , The purchaser of this franchise shall bind himself, his heirs and assigns, hy a good and solvent bond, in the sum of one thousand dollars, to well and faithfully perform and execute strictly in ac- cordance with the conditions and terms of the specifications above set forth for the privilege to operate this ferry. It is distinctly understood that should the purchaser or pur- chasers of this franchise at any time fail or neglect to keep and maintain the landing, wharf, boat or buildings in good order and condition he shall forfeit to the city of New Orleans and to the parish of Jefferson the purchase price of this lease and privilege, and the said city of Xew Orleans and the Police Jury of Jefferson parish shall have the right to re-advertise and sell this ferry privilege for account and risk of this lease and sureties. The purchaser or purchasers of this franchise shall agree to pay the amount of their bid as follows : Thirty-three (S'i) per cent, on the signing of the contract; thirty-three (33) per cent, twelve months thereafter, and the balance, or thirty-three (33) per cent., twenty-four months after the signing of the contract. One-half of the first payment to be paid direct to the city of Xew Orleans, and the other one-half direct to the president of the Police Jury of the parish of Jefferson. Each of the two deferred payments will be made in two notes, one-half in favor of the city of Xew Orleans and one-half in favor of the parish of Jefferson, and these notes to bear interest at the rate of eight per cent, per annum from date until paid, the notes to be endorsed to the entire satisfaction of the City Council of the city of Xew Orleans and the Police Jury of the parish of Jefferson. The city reserves the right to reject any and all bids for this franchise. Bidders for this franchise will deposit with the City Treasurer Payments. ^ FERRIES. 321 the sum of one hundred dollars to guarantee the signing of con- Deposit, tract, which deposit will be returned to all unsuccessful bidders on the adjudication of the contract and to the successful bidder on the signing of the contract. New Orleans, March 21, 1893. L. W. Brown, City Engineer. Here intervened said John Herbert, lessee, who declared, that he accepts this lease and exclusive privilege on the terms and conditions herein set forth, and subject to the provisions of said aforecited specifications, and promises for and binds himself and his heirs or assigns to a faithful compliance therewith in all and every particular, and he hereby specially agrees and binds him- self to cause to be constructed the wharves and ferry houses as set forth in the specitications as hereinbefore referred to. In consideration of the faithful compliance with all the fore- going and the maintenance and operation of a steam ferry launch at said point, by said John Herbert or assigns, he, said lessee, shall be entitled to charge and receive the prices for ferry ser- vice set forth in the foregoing specifications. This sale, lease and exclusive ferry privilege is made and ac- cepted in pursuance of the public adjudication made by the Hon- orable Charles R. Kennedy, Comptroller of the city of New Orleans, on the 19th day of February, A. D. 1894, for and in con- sideration of the payment by said John Herbert, lessee, of the sum of fourteen hundred dollars for the whole term of this lease and privilege, payable in the manner following, to-wit: Four hundred and sixty-six dollars and sixty-six and two- thirds cents ($466.6620 in cash, current money, one-half each to the city of New Orleans and the parish of Jefferson, having been paid by said John Herbert, at the execution of these presents, the receipt whereof is hereby acknowledged by said Mayor and President of said Police Jury, respectively, for the city of New Orleans and the parish of Jefferson, and full acquittance and • discharge granted therefor. And to represent the balance of said price, to-wit: the sum of nine hundred and thirty-three dollars and thirty-three and one- third cents ($933.3333) said John Herbert has made and delivered four certain promissory notes, each for the sum of two hundred and thirty-three dollars and thirty-three and one-third cents ($233.3333), all bearing even date herewith, which are divided into two series, payable one series to the order of the city of New Orleans, and the other series to the order of the parish of Jeffer- son, said notes having been made, two each payable at one year and two each payable at two years after date, all bearing interest at the rate of 8 per cent, per annum from maturity until paid. All said notes having been endorsed to the satisfaction of the City Council of the city of New Orleans by 322 FERRIES. Which said notes having been paraphed ne varietur by me, notary, for identification with this act, have been delivered one series to said John Fitzpatrick, Mayor, and one series to said Louis H. Marero, President, who respectively acknowledge the receipt of the same. It is also understood, that in all other respects not herein specially mentioned, the execution of this contract shall be governed by said aforerecited specifications. PIXE STREET FERRY. First — The Hon. John Fitzpatrick, Mayor of the city of New Orleans, herein acting in his official capacity aforesaid, being herein and hereunto specially authorized and empowered by Ordinance Xo. 8858, Council Series, adopted by the City Council of the city of Xew Orleans on the 13th day of March A. D. 1894, and previous proceedings of the City Council, a duly •certified copy of which ordinance is hereunto annexed and made part hereof. Second— The Hon. Lucien H. Marero, president of and herein representing the police jury of the parish of Jefferson, State of Louisiana, under and by virtue of the authority conferred on him by a resolution adopted by said police jury at a session held on the 7th day of February, A. D. 1894, a duly certified copy of which resolution is hereunto annexed. Said John Fitzpatrick, Mayor, and Lucien H. Marero, presi- dent, as aforesaid, severally and mutually declared that, acting • in their aforesaid representative capacity and for and on behalf -of the city of New Orleans and the said parish of Jefferson, and under and by virtue of the authority conferred on them respec- tively by said Ordinance No. 8858, Council Series, and the afore- mentioned resolution of the police jury of the parish of Jefferson, ^nd for the consideration and on the terms and conditions here- inafter set forth, They do by these presents grant, bargain, sell, make over and lease unto said Thomas Pickles, his heirs, assigns and successors, the exclusive right and privilege of operating and maintaining at his own cost, charge and expense, a steam ferry or ferries, to ply between the Sixth District of the city of New Orleans, from the head of Pine street and the parish of Jefferson, on the right bank of the Mississippi river, at a point at or near Westwego, in the parish of Jefferson, for a period of twenty-five (25) years, to begin and be computed from the 19th day of February, one thou «and eight hundred and ninety-four (1894), and to end on the 18th day of February, one thousand nine hundred and nineteen (1919). The whole in pursuance of the provisions of said Ordinance No. -8858, Council Series, and previous proceedings of the City Coun- cil and the aforementioned resolution of said police jury, and in k FERRIES. 323 Strict conformity with the specitications, which are in the words and figures following, to-wit: Specifications for the Sale of the Privilege of Oper- ating A Ferry to Land at the Head of Pine Street, in THE City op New Orleans, and at Such Point on the Opposite Side of the River as Permission May be Given by the Police Jury of the Parish of Jefferson. The ferry landing on the left bank of the river shall be at the head of Pine street. Sixth District, in the city of Xew Orleans, until the expiration of the present ferry privilege at the head of Henry Clay avenue, which privilege expires in 1895, when the Location location may be changed to such point as may be selected by the City Engineer, of the city of Xew Orleans, approved by the Mayor, it being understood that the location will be between Henry Clay avenue and Pine street, or at the head of either of those two streets. Suitable bridges, approaches, pontoons, etc., will be con- g^j^ structed to form an approach which will be satisfactory to the toons, etc' City Engineer. That portion of the batture, outside of the levee and between it and the bridge, which connects with the ferry, will be either Batture. filled in with solid earth or may be piled so as to provide a road- way which will be placed at a grade of not less than nineteen feet on the Canal street gauge. The approach to this landing on the land side of the levee will be made by tilling in and forming a ramp, which ramp will have PP^oac es. an ineline not exceeding one foot vertical to flfteen feet hori- zontal. The ramp on the top of the levee to be either planked or covered with hard substance, either brickbats, shells or gravel, and will be maintained in thoroughly good order. The landing on the right bank of the river shall be located, and Landing the stipulations in connection therewith will be provided for by right bank, the police jury of the parish of Jefferson. The purchaser of this franchise shall be bound to construct and always keep in good repair and condition during the con- to be kept in tinuance of the lease ferryboat landings and approaches on s:ood^ condition either side of the river, as also his boat or boats, as may be required. The work of construction and maintenance to be entirely satisfactory to the City Engineer. The gangway for vehicles and merchandise shall be no less than twelve feet wide, and the gangway for passengers shall be ^ngway. not less than five feet wide. The incline of these gangways, at extreme low water, shall not exceed one and one-half inches to the foot. The gangway for vehicles to be of sutticient strength to pass any load drawn by four horses or mules. There will also be constructed on either side of the river a Accommoda- house of sufficient dimensions for the accommodation oft'ons. 324 FERRIES. Lights. Inspection. passengers and freight, the whole to the entire satisfaction of the City Engineer, It is distinctly understood that the purchaser of this franchise shall not be allowed to use or lease this privilege for any other purpose than mentioned in the specifications. The lessee shall also be bound to provide and maintain at hi& own expense a sufficient number of lights on the wharves, land- ings and buildings above mentioned. The lessee shall run or cause to be run during the hours here- inafter named one or more good, substantial steamboats. The boat or boats shall have a capacity to carry not less than two loaded double teams. The boat shall also have a cabin divided into two compartments to afford neat and suitable accommoda- tions for two classes of passengers, the whole constructed and maintained in every respect suitable for a first-class ferryboat. The lessee shall be bound to cause the boats and boilers to be examined by qualified Inspectors of Boilers and Hulls at least every six months, and the certificates of these ofticers shall be exposed to public view In the boat's cabin. The city of New Orleans and the Police Jury of the parish of Jefferson reserve to themselves the right to cause the hull and boilers to be examined by competent shipwrights and engineers whenever in their opinion they may think public interests require it, it being understood that the cost and charges made for this examination shall be defrayed by the parties ordering it. The lessee shall be bound to start the boats during the months number ofof March, April, May, June, July, August and September of trips. gg^gjj ygar not later than 5 o'clock in the morning, and during the months of October, November, December, January and February not later than 6 o'clock in the morning, and to continue running the same so as to make one round trip at least every half hour until 8 o'clock in the summer and 7 o'clock in the winter, at which hour the boat will leave the landing on the Xew Orleans side. The lessee shall be bound to place and maintain during said Skiff. lease a good and substantial skiff capable of transporting twelve passengers at a time across the river from either side at all hours of the night from the time the Jay ferry stops running until it resumes its trip in the morning, making throughout the night at least one round trip every hour. Responsibility. The lessee shall hold himself responsible as a common carrier not only to the Police Jury of the parish of Jefferson and the city of New Orleans, but to any and all persons who may be aggrieved at his non-compliance with the above stipulations, and that such injured parties may bring suit in any court of competent jurisdiction for the full amount of damages resulting from failure on the part of the lessee. FERRIES. 325 The maximum rates the lessee shall have the right to charge Charges. •shall be as follows, to-wit: For every foot passenger 05 cents For every passenger on horse or mule back, or both in- cluded 10 " For every head of cattle, horse or mule 10 " For every hearse $1 00 For every vehicle, except when loaded with lumber, drawn by a horse or mule 25 cents For every vehicle, float or eotton wagon drawn by two horses or horse kind, whether loaded or unloaded 50 " For every loaded float or cotton wagon which is drawn by three or more horses or horse kind, loaded or unloaded 1 00 For every two-wheeled vehicle loaded with lumber 50 cents For every sack of coffee, flour, salt, buckwheat, barley, bran, wheat, boxes, corn, oats, cornmeal, turnips, apples, etc., all articles in sacks, bags or boxes, not exceeding three cubic feet 05 cents For every box of dry goods or merchandise over three feet and not exceeding 10 cubic feet 10 " For every barrel 10 " For every tierce of rice, meat, etc 20 " For every half barrel 06 " For every hogshead of meat or sugar, etc 50 " For every bale or bundle of empty sacks 10 " For every bale of cotton, moss, etc 10 " For lumber, when received at one landing and dis- charged at the other, for freight and labor, per thousand feet, board measure 2 00 For bricks, when received at one landing and dis- charged at the other, for freight and labor, per thousand 3 00 For every trunk 10 " For bar and pig iron, per 100 lbs 05 " For every goat, sheep or hog 05 " For every grate for furnace or chimney 05 " For every 5-gallon can or demijohn 05 " For every crate of earthenware or such kind 50 " For every nest of tubs, buckets or measures 05" For every wheelbarrow, loaded or unloaded 15 '" For small articles carried by passengers in their hands no charges shall be made. For articles not enumerated corresponding rates may be charged, and for heavy spars, machinery, boilers, etc., of usual -dimensions or weight, such prices as may be agreed upon. For every passenger crossing at night in the skiff, between the 326 FERRIES. hour of 9 o'clock p. m. and the hour in the morning when it give place to the day boat, 25 cents. And for all other transportations, double the rates above set forth. Charity The lesscc shall carry to and fro, free of charge, the charity Tnf poh'ce^free' ^^S°°^ ^^ *^^ ^^^^ ^^^ *^^ ambulances of the Charity Hospital, with their drivers and attendants, and the regular police officers of both corporations while in the discharge of their official duties. All freight shall be delivered on the floating wharf by the ship- pers and shall be delivered on the other side, and to be immediately removed from the floating wharf by the shipper or consignee. Pilots and en- The lessee shall be bound to employ as pilots and engineers gineers. none but such as are fully competent to their task or employ, and such only as have certificates from the proper officers appointed by the United States government to grant such certificates. It is well understood that in case of neglect or failure of the lessee to fulfil any part of the stipulations of his contract or Default. lease, the City Council of Xew Orleans and the Police Jury of the parish of Jefferson, jointly, shall have the right to annul this lease without putting the lessee in default, as required by Article 1911, Revised Civil Code, and without indemnity. It is well un- derstood, also, that in case the lessee shall at any time fail to keep and maintain the wharves, gangways, boats, buildings, etc., in good order and condition stipulated in the present specifica- tions, the said lessee shall forfeit all notes he may have fur- nished to the city and Police Jury, and the said city and Police Jury, jointly, shall have the right to reserve the privilege of run- ning ferryboats in said section for account and risk of said lessee and of his securities. The lessee, his successors and assigns, shall, on the last day of this lease, respectively, at the termination of any extended time which may be granted by the contracting lessors, peaceably leave. Surrender of Surrender and yield up the said ferry and the premises and the franchise. ferry property and boats respectively, with rights, privileges and appurtenances thereunto belonging, with the bulkheads, piers, docks, floats, bridges and other fixtures and improvements which may have been erected for the use of said ferries, in good order and condition, into the possession of the city of New Orleans and the police jury of the parish of Jefferson, their successors and assigns, without delay; and said lessors, for themselves, their successors and assigns, will covenant and agree to and with the lessee, his successors and assigns, that upon the surrender and yielding up of said premises and plants as hereinbefore provided, said lessee shall purchase or cause to be purchased by the next lessee or lessees, his or their successors and assigns, at a fair ap- praisement or valuation ,the boats, buildings ,improvements, wharves, docks, bridges and floats and other property of the re- FERRIES. ■ 327 tiring lessee, his successors and assigns, used upon or for said ferry and actually necessary for the purposes of said ferry ; said valuation to be fixed by two appraisers, one to be appointed by the lessee and one by the lessors, to be agreed upon between them or the next lessee or lessees, and in case of disagreement of said two appraisers, they, said appraisers, shall appoint an um- pire, who shall decide between them ; and the provisions and rights in this section set out, stipulated or granted shall be sub- mitted and taken as repealing, annulling and avoiding all condi- tions, terms and stipulations in the said existing lease or con- tained in any ordinance or resolution of the City Councilor police jury of Jefferson in the subject matter of the destination or dis- position of the improvements, boats, buildings, wharves, bridges, floats and property of the retiring lessee, his successors and as- signs, connected with said ferry. The present contract of lease shall be made and accepted at the price adjudicated at public sale ; provided, the highest bid thereat Highest bid. shall be acceptable and satisfactory to the city of Xew Orleans and the police jury of the parish of Jefferson, both of which leasing corporations reserve the right to reject any and all bids. The privilege of running the ferry shall be for the full term of Term of fran- twenty-flve years as aforesaid, and in accordance with the terms, chise. conditions and specifications herein set forth. Payments shall be made as follows : One-third cash and the balance in twelve and twenty-four months from date of adjudica- Payments, tion. The cash payments to be divided equally between the city of New Orleans and the parish of Jefferson, and the deferred payments to be made in two series of notes, one in favor of the city of New Orleans and the other in favor of the parish of Jeffer- son, these notes to bear interest at the rate of eight per cent, per annum from date until paid. The said contract or lease shall not be valid or binding upon either of the political corporations aforesaid unless the foregoing con- ditions are observed in making said lease, nor unless the legal representatives of both sides shall appear and become parties to said lease. The lessee shall be bound to furnish good and solvent Bond, security in the sum of five thousand dollars, to guarantee the faithful performance of the terms of his contract, the said security to be subject to the approval of both the City Council of New Or- leans and the Police Jury of Jefferson. The purchaser of this franchise shall, within a period of three months after the expiration of the lease of Henry Clay avenue able boat ferry privilege, which privilege expires in 1895, have the ferry in full operation, provided with a ferryboat that will be able to take teams as specified. In the interim, or from the time the contract is adjudicated and until the expiration of the ferry lease above referred to, he 328 FERRIES. Steam launch, shall use a steain launch for the transportation of passengers, or, if he so desires, he may at once construct a lar^e ferry for teams, but it is Optional, until the lease specified above. All bidders will deposit one hundred dollars with the City Treasurer before being eligible as bidders for this franchise, which deposit will be returned to all unsuccessful bidders on the adjudication of the contract, and to the successful bidder on the signing of the contract. The city of New Orleans and the Police Jury of the parish of Jefferson, conjointly, reserve the right to reject any and all bids. The city of New Orleans obligates herself not to sell any ferry franchise one mile above or below the point designated. L. W. Brow^n, City Engineer. City Engineer's Office, New Orleans, January 24, 1894. Deposit, Rights served. Here intervened said Thomas Pickles, lessee, who declared that he accepts this lease and exclusive privilege on the terms and conditions herein set forth, and subject to the provisions of said aforerecited specifications and promises for and binds himself and his heirs or assigns to a faithful compliance therewith in all and every particular, and he hereby specially agrees and binds himself to cause to be constructed the wharves and ferry houses as set forth in the specifications as hereinbefore referred to. In consideration of the faithful compliance with all the forego- ing, and the maintenance and operation of a steam ferry launch at said point by said Thomas Pickles or assigns, he, said lessee, shall be entitled to charge and receive the prices for ferry service set forth in the foregoing specifications. This sale, lease and exclusive ferry privilege is made and accept- ed in pursuance of the public adjudication made by the Honorable Charles R. Kennedy, Comptroller of the city of New Orleans, on the 19th day of February, A. D. 1894, for and in consideration of the payment by said John Herbert, lessee, of the sum of thir- teen hundred dollars for the whole term of this lease and privi- lege, payable in the manner following, to-wit : Four hundred and thirty-three dollars and thirty-three and one-third cents ($433. 33)^3) in cash, current money, one-half «ach to the city of New Orleans and the parish of Jefferson, having been paid by said Thomas Pickles at the execution of these presents, the receipt whereof is hereby acknowledged by said Mayor and President of said Police Jury, respectively, for the city of New Orleans and the parish of Jefferson, and full ac- quittance and discharge granted therefor. And to represent the balance of said price, to-wit : the sum of ■eight hundred and sixty-six dollars and sixty-six and two-thirds cents ($866.66%), said Thomas Pickles has made and delivered four certain promissory notes, each for the sum of two hundred and sixteen dollars and sixty-six and two-thirds cents ($216.66%) FERRIES. 329 all bearing even date herewith, which are divided in two series, payable one series to the order of the city of New Orleans, and the -other series to the order of the parish of Jefferson, said notes having been made two each payable at one year and two each payable at two years after date, all bearing interest at the rate of eight per cent, per annum from maturity until paid. All said notes having been endorsed to the satisfaction of the City Council of the city of . Xew Orleans, by Which said notes, after having been paraphed Ne varietur by me, notary, for identification with this act, have been delivered -one series to said John Fitzpatrick, Mayor, and one series to said Louis H. Marero, President, who respectively acknowledge the receipt of same. It is understood and agreed by and between the parties hereto that in pursuance of the provisions of the hereinbefore recited specifications at the expiration of this lease or franchise for twenty-five years, ending on the 19th day of February. 1919, as aforesaid, all the premises and plans as hereinbefore provided for, and as shall exist at the expiration of this lease or franchise or any extension thereof, the city of New Orleans and the parish of Jefferson shall purchase or caused to be purchased by the suc- ceeding lessee or lessees, his or their successors or assigns, at a fair appraisement or valuation, the boats, buildings, improvements, wharves, docks, bridges and boats and other property of the re- tiring lessee, his successors and assigns, used upon or for said ferry, and actually necessary for the purposes of said ferry ; said valuation to be fixed by two appraisers, one to be appointed by the lessee and one by the lessors, to be agreed upon between them or the next lessee or lessees, and in case of disagreement of said two appraisers, they, said appraisers, shall appoint an umpire, who shall decide between them ; and the provisions and rights in this section set out, stipulated or granted, shall be submitted and taken as repealing, annulling and avoiding all conditions, terms and stipulations in the said existing lease or contained in any or- dinance or resolution of the City Council or police jury of Jef- ferson in the subject matter of the destination or disposition of the improvements, boats, buildings, wharves, bridges, floats and property of the retiring lessee, his successors and assigns, con- nected with said ferry. It is also understood that in all other respects not herein speci- all}'^ mentioned the execution of this contract shall be governed by said aforerecited specifications. DELERY STREET FERRY. Art. 690. That permissiou be and is hereby granted privilege to to Louis Power to establish a skiff ferry in the Third ^A.l^y^o? District, with landings at the head of Delery street on "'"• '^^'* 330 FERRIES. the left bank, and at Tunisbur^ on the right bank of the- Mississippi river. This privilege revocable at the pleas- ure of the Council. To establish. Art. 691. That from and after the passage of this or- tam'fe'r^ie^.*"'* dinancc it shall not be lawful for any person or persons A?s.73S7. to establish, keep or maintain a ferry across the Missis- sippi river in front of the city of New Orleans without first having obtained the permission of the City Council. Penalty. Art. 692. That any one violating the provisions of this ordinance shall, for each offence, be fined not less than five nor more than twenty dollars, and in default of payment of said fine shall be imprisoned for not more than twenty days. rSee ordinances Nos. 3272, 3673, 4185, 4514, 4667, 4970, 6401, 7085, 7139, 7357^ 7368, 7370, and Act 96 of 1870.] Smoking in Cabins— See Offences. ACTS OF THE LEGISLATURE. That the Common Council of the city of Xew Orleans, with the- police jury of that part of the parish of Orleans on the right bank of the Mississippi river, shall have power to establish ferries^ across said river, in the parish of Orleans, and to regulate the same. Act approved March 15, 1855, p. 368, Sec. 5. See Act 1853, p. 328, and Act of 1855, p. 212. Decisions of the Supreme Court. It is no violation of an exclusive right to carry a person across the river without demanding payment. 4 N. S. 426. The police jury of the parish of Jefferson have a concurrent right with the City Council to establish ferries opposite the city. 3 M. R. 711. 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 priv- ileges at auction. But statutes granting such powers must be strictly construed, and the exercise of the powers conferred limited to the precise terms of the grant. An. Kep. 366; 3 La.. Kep. 95. FINES. 331 FINK FUND— See Asylums, Etc. FINES. Art. 693. That the City Council desires hereafter no Remission of petition for a remission or a reduction of fines imposed ord. No. 6598,, by the Recorders to be granted, unless said petition Aug. 2, 189a. bears written approval of the Recorder who imposed the fine or fines. Art. 694. That from and after the promulgation of Division of this ordinance it shall be unlawful for any one to divert ord. No. 4000. from its original purpose and intent any fines or forfeit- ures which by the above act shall revert to the city of New Orleans, except for expenses strictly judicial. Art. 695. (2) That no deductions from said collec- DeducUoni not allowed. tions for any cause whatsoever shall be allowed oi recog- nized by the city of New Orleans other than those herein above excepted. Art. 696. (3) That all acts or ordinances or parts of~ ordinances in conflict with the above are hereby repealed. Art. 697. That the Comptroller be directed to transmit to the Council on the second Tuesday of each month the Monthly re- original monthly returns, or copies thereof, of the clerk transmitted to and sheriff of the Criminal District Court of the costs Ord. No. 5745, and fines collected by them and paid into the city treas- Nov. 10, 1891. ury ; and that in case no returns are made by either of these officials that the Comptroller report the same to the Council ; and that all such reports from the Comp- troller be referred to the Finance Committee. ACTS OF THE LEGISLATURE. Sec. 19. That the city shall have power to impose and collect lines for the benefit of the city treasury against all persons trans- gressing their ordinances and regulations, and to imprison said transgressors incase of non-payment of said fines; provided, that said fines shall never exceed one hundred dollars for each and every contravention ; provided, said imprisonment shall never exceed one month. — Acts of 1850, p. 164. See Acts of 1816, p. 94, Sec. 2. Sec. 108. That each and every violation of this act, or of any ordinance or resolutions of the Common Council of the city of 332 FINES. New Orleans, which shall subject the person so violating the same to a fine or penalty, shall be reported by any officer of said city, or by any resident of said city, to the Comptroller of said city; and said Comptroller shall make out a bill for said fine or penalty, and shall note the same in a book 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 Comptroller, 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 receipts therefor. And the Assistant City Attorney shall not bring suit for any fine or penalty in- curred by any person or persons as aforesaid except upon a bil therefor, delivered to him by said Treasurer. — Acts of 1856, p. 160. AN ACT Respecting Imprisonment and Fines. Section 1. Be it enacted by the Senate and House of Bepresenta- tives of the State of Louisiana, in General Assembly convened, That whenever any court or officer exercising judicial functions in any parish or municipal corporation in this State shall, by virtue of any law of the State, or ordinance of the police jury of a parish, or Common Council, or other like municipal legislature of any city or town in this State, adjudge against any person any term of imprisonment or any fine f«r any offence against the State, or for any violation of the ordinances of such parish, city or other municipal corporation, it shall not be competent for such court or judicial officer to remit any portion of such tine or imprison- ment, nor to alter or amend the sentence, judgment or order, whereby such fine or imprisonment shall have been adjudged. Sec. 2. Be it further enacted, etc.. That whenever it shall or may be alleged that any fine or imprisonment so imposed is excessive, or that, for any reason, the same ought to be abated or remitted in whole or in part, it shall be done in the case it be a fine or imprisonment imposed under a law of the State in the manner which may be directed by law; and if it be a fine or imprisonment imposed by the ordinances of a Police Jury, the same may be so remedied or abated only when the judge of the parish shall recommend the same to the Police Jury, and the Police Jury shall consent to the same; and when the same shall have been imposed under an ordinance of any city or other municipal corporation, then said fine or imprisonment may be so abated or remitted only upon the recommendation of the Mayor or other Chief Magistrate thereof, and the consent of the least numerous branch of the municipal legislative body, and not otherwise. Sec. 3. Be it further enacted, etc.. That this act shall take FINES* 33S effect and be in force from and after its passage. — ^ ;ts of 1868, No. 129. p. 171. Act No. 15 of 1884. To re-enact Section 1045 of the Revised Statutes of the State. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That Section 1045 of the Revised Statutes of the State be re-enacted so as to read as follows : Section 1045 — "All bonds and recognizances and all fines and forfeitures incurred for crimes and offences against the laws of this State, which by the laws heretofore in force are required to be paid into the State Treasury shall, from and after the passage of this act, belong to and be paid into the treasury of the parish where such forfeited bonds and recognizances have been executed and in which such crimes or offences have been committed, or such tines and forfeitures have been incurred, and in the parish and city of Xew Orleans such forfeitures shall belong to and be paid into the treasury of said city. This section shall not be go construed as to affect in any manner the process for collecting forfeited bonds and recognizances and fines and forfeitures." Sec. 2. Be it further enacted, etc., That all laws or parts of laws different from, inconsistent or in conflict herewith be and the same are hereby repealed. Decisions of Supreme Court. The statute of 1st April, 1835, section 4, which provides that all bonds and recognizances taken by certain officers in the city of New Orleans, for the public peace or in criminal matters gen- erally, when forfeited, shall be recovered by the City Attorney for the use of the city, is not changed by the statute of March 11, 1837, section 1, in regard to the destination of the amounts of such forfeited bonds or recognizances, when recovered; but the latter act authorizes a different and more summary proceeding, under the immediate direction of the officers of the State, and in the name of the State, for the collection of such bonds or recog- nizances as are for the appearance of the parties before the Criminal Court of the First District, though the amount of for- feiture enure to the benefit of the city. The statute of 1837 is inapplicable when the bond or recogni- zance is for the appearance of the party before the Mayor, Recorder or associate judges of the city; in such a case an action can be maintained only by the corporation and in the ordinary form. — State vs. Harris et al., 2 An. 516. Section 4 of the statute of 1st April, 1835, which provides that " all bonds and recognizances taken by the Associate Judges, Mayor or Recorder within the city of New Orleans, for public peace, or in criminal matters generally, shall, when forfeited, be 334 FIRE ALARM AND POLICE TELEGRAPH. recovered by the City Attorney for the use of the corporation of New Orleans," includes among the bonds which are to enure to the benefit of the city, bonds returnable before the District Court as well as those which are returnable before the Mayor, Associate Judges or Recorder. The statute of the 11th of March. 1837, ch. 104, indicates no intention on the part of the Legislature to change the destination of the proceeds of these bonds when col- lected. No inference of an intention on the part of the Legislature to change the destination of the proceeds of these bonds wben col- lected can be drawn from the act of 11th March, 1837 (p. 99), directing the Attorney General and District Attorney to collect certain bonds, the collection of which had previously been en- trusted to the City Attorney. It is to be presumed that mo- tives of public policy suggested the change and induced the Legislature to confide to its own officers the control of those which were for appearance before the Criminal and District Courts, and to provide a summary proceeding for enforcing their collection. State vs. Harris, 3 An 68. FIRE — See Combustibles and Explosives and Fire Department. As TO Construction of Buildings — See Buildings. As TO Demolition of Buildings — See Buildings and Fire Department. FIRE ALARM AND POLICE TELEGRAPB. See False Alarms and Fire Department. Superintend- Art. 698. That the Commissioner of Police and Public Mum and'po^ Buildings shall appoint, with the approbation of the City chlrten ' Council, onc Superintendent of the Fire Alarm and Police Telegraph. The said Superintendent shall be a competent telegrapher ; shall hold his office for the term of four years, and the salary of said Superintendent shall be eighteen hundred dollars a year. He shall give bond in favor of the Mayor of the city of Nevr Orleans in the sum of three thousand dollars. The Commis- sioner of Police and Public Buildings, with the consent and advice of the Council, shall also appoint four tele- graph operators, one lineman and one assistant line- man, and one battery man and messenger. The four- FIRE ALARM AND POLICE TELEGRAPH. 335 telegraph operators shall receive each a salary of twelve hundred dollars per annum. They shall hold office for the term of four years. The lineman shall rsceive an annual salary of twelve hundred dollars. He shall hold office for the term of four years. The assistant lineman shall receive an annual salary of one thousand dollars, and shall hold office for four years. The battery man and messenger shall receive a salary of six hundred dol- lars, and shall hold office for four years. False alarms. Keys. Act No. 4 of 1875. Section 1. Be it enacted by the Senate and House of Bepresenta- tives of the State of Louisiana., in General Assembly convened., That any person or persons maliciously giving or causing to be given a false alarm, by ttie Are alarm telegraph, in the city of New Orleans, knowing the same to be such, or who intentionally defaces or injures any portion of said fire alarm telegraph, shall be punished on conviction by a fine of one hundred dollars and imprisonment in the parish jail for not less than one year nor more than two years. Sec. 2. That should any person or persons, unauthorized, have in their possession, make or cause to be made, any key ■or keys of any of the fire alarm boxes, or use or cause to be used the same without the consent of the proper authority, he, she or they shall be subject to a line of not less than fifty dollars and not more than one hundred dollars, and imprisonment in the parish jail for not less than three months and not more than six •months. Sec. 3. That authority is hereby given to the Chief Engineer Regards, ■of the Fire Department, in his discretion, and with the approba- tion of the Mayor, to offer a reward of one hundred dollars, or less, for the apprehension and conviction of any person who shall knowingly give or cause to be given any false alarm of fire by means of telegraphic boxes connected with the fire alarm tele- graph, and that the above reward be paid by the city of New Orleans. Sec. 4. That the Superintendent of the Fire Alarm Telegraph Q^ntroX and shall have the entire control, management and supervision of the Supervision, fire alarm telegraph, and of all apparatus, instruments, wires, batteries, boxes and signal stations whatsoever, belonging to any part of the sj-stem to be operated in the city of New Orleans, and he shall see that the same are at all times kept in proper order; and he shall from time to time make such rules and regulations as he may deem most beneficial and expedient for the success- ul operation thereof, and the use, manner of use, and the regu- 336 FIRE ALARM AND POLICE TELEGRAPH lations of instruments and operators of the police telegraph at police headquarters and station houses. Alterations ^^^- ^' '^^^^ ^hc Superintendent of Fire Alarm Telegraph shall and extensions, have powcr to make such alterations and extensions in the signal and alarm circuits as the necessities of the telegraph system may from time to time require, and to provide for its completion and efficient operation at all times; provided, however, that such alterations and extension shall be consistent with and adapted to the requirements of the fire or police departments; and provided further, that no obligations or expenditure shall be incurred by virtue hereof without the approval of the City Council is first had and obtained. Custody and ^^^- 6- That the Superintendent of the Fire Alarm shall have control of keys, the custody and control of all keys belonging to the various signal boxes. The said Superintendent shall keep a record ac- count of all keys distributed by him, and shall take receipts for the same. Duties of per- ^^^T. 699. That all person.s charged with the keeping t^on o" ifeys?^' 0^ keys to the fire alarm boxes are required to keep the Oct.' i6Ts^ same in their possession, and are hereby prohibited from lending or parting with the same to be used Ex- cept for the purpose of giving an alarm for an actual fire. Use of Keys. Art. 700. (2) That all keepers or holders of keys ■ to fire alarm boxes are hereby prohibited from opening said boxes, or inserting their keys therein, except when necessary in order to give an alarm for an actual fire. Penalty. Art. 701. (3) That any pcrsou or persons guilty of ■ a violation of any of the provisions of this ordinance shall be arrested, and upon conviction shall be fined in the sum of twenty-five dollars for each and every offence, or imprisoned for a term not less than ten nor more than thirty days. Reward. Art. 702. That the Mayor be and is hereby author- Def "f^it ized to offer a reward of five hundred dollars for the arrest and conviction of any person or persons who may be caught and convicted of breaking the fire alarm telegraph boxes or of sending a false alarm through same. A. s. 2806. Art. 703. That it shall be unlawful, from and after Oct. 1874. _ o 1 . -,. False Alarms the passage of this Ordinance, for any person or persons to turn in or give a false alarm to the general office FIRE ALARM AND POLICE TELEGRAPH. 337 through any fire alarm box located or established m said city. Art. 704. (2) That any person or persons vio- Penalty. lating this ordinance shall, for each offence, be liable to pay a fine of not less than twenty-five dollars, or im- prisoned for not less than thirty days, recoverable be- fore the Police Courts of this city, or any court or courts of said city as may have jurisdiction in the premises. Art. 705. (3) That it shall be the duty of the po- Enforcement ^ ' .of ordinance. lice of this city to arrest any offender and to strictly en- force the provisions of this ordinance. Art. 706. (1) That from and after the passage of Keys in one's this ordinance it shall be unlawful for any person or authorized. "" persons, unauthorized, to have in his or their possession, c. s*^, ' °' *^^* make or cause to be made, any key or keys of any of the °''' ' ' '^' fire alarm or police patrol boxes, or use or cause to be used the same without the consent of the proper au- thority; he, she or they shall be subject to a fine of ($25) twenty-five dollars, or imprisonment for thirty days, or both, at discretion of the Recorder. National Fire Alarm Company. Art. 707. That the National Automatic and Fire Alarm permission. Company, of New Orleans, a body corporate under the c.^'.'^' ^'^' ^^^* laws of the State of Louisiana, be and it is hereby ^^^' '^' '^^ authorized to erect all such wires in and about the public streets and other public places of the city of New Or- leans as may be necessary to thoroughly equip its sys- tem of automatic fire alarms, and to establish the re- quisite wire connections with the city fire department, the City Hall and the various engine houses, 'whereby alarms from buildings equipped and connected with its system may be received and responded to by such de- partment ; provided, that all connections with said en- gine houses, with any public building, and with the city fire alarm department be made subject to the approval and on the terms and conditions to be imposed by the Commissioner of Police and Public Buildings, and that all connections with and alarms communicated to the fire department shall be made in the manner provided by ■338 FIRE ALARM AND POLICE TELEGRAPH. and with the approval of the Board of Fire Commis- sioners. Art. 708. (2) That all ordinances and parts of ordi- nances in conflict with the provisions of this ordinance be and the same are hereby repealed, and that this ordinance take effect from and after its passage. To transmit Art. 709. That the National Automatic Fire Alarm trai office. Company of New Orleans be, and it is hereby author- <;. s. ' " °' '^'^' ized to transmit any alarms communicated to its central ov. 29, 1 9. ^Qj^g i^y ^^g gj.g alarm system to the fire department of the city of New Orleans, through the city fire alarm de- partment, subject to such terms and conditions as may be imposed by the Council and Commissioner of Police and Public Buildings, and that all connections with and alarms communicated to the fire department shall be made in the manner provided by and with the approval ot the Board of Fire Commissioners. Art. 710. (2) That all ordmances or parts of ordi- nances in conflict with or inconsistent with this ordi- nance be and the same are hereby repealed. Louisiana Auxiliary Fire Alarm Company, Limited. Franchise. Art. 711. That the Said Louisiana Auxiliary Fire ■c. s'. ' °' ' Alarm Company, Limited, be and is hereby authorized *^ ■ "*' ' ■ and empowered to erect, construct, and maintain with fixtures, suitable wires for conductors, in all places in the city of New Orleans, for the purpose of connecting their auxiliary boxes with the fire alarm boxes of the city, and to operate the same to the full extent, subject, however, at all times, to the direction of the Commis- sioner of Police and Public Buildings, and to all existing laws, ordinances, rules and regulations applicable to the Fire Department and its regulations with the fire alarm electrical system. All additional fire alarm boxes so equipped to be placed at the expense of the company. Shall hold Art. 712. That said grantees, their assigns or suc- •City harmless, ^^gg^^g^ gj^^jj ^^^ply ^^^j^ ^j^^ ^^q^.j,gj^g^^g ^^^ provi- sions of this ordinance, and shall hold harmless the city of New Orleans from all loss, cost or damage by reason of the privileges herein conferred. FIRE DEPARTMENT, 339 Art. 713. That for and in consideration of the granted consideration, privileges and franchises aforesaid the said Louisiana Auxiliary Fire Alarm Company, Limited, their suc- cessors and assigns, hereby agree to and bind themselves to provide supervision, repairs and replacement that may be required of all fire alarm boxes auxiliarized, and that all such supervision, repairs and replacement shall be subject to the decisions of the Commissioner of Po- lice and Public Buildings. And it is further agreed that any failure in compliance with these decisions by the said Louisiana Auxiliary Fire Alarm Company, Lim- ited, will operate to cancel and forfeit all rights herein conveyed. Art. 714. All laws or parts of laws in conflict with Repealing the provisions of this ordinance be hereby repealed. '^ ^"^*'" ib. Art. 715. That this ordinance shall take effect and be Take effect. in full force on and after its passage and promulgation. FIRE DEPARTMENT— See False Alarms, Fire Alarm AND Police Telegraph. Act No. 83 of 1894. "To provide for a Fire Department for the city of New Orleans, to create a Board of Fire Commissioners for the government of said department and to regulaje and define the duty of the Common Council of New Orleans in relation thereto. Section 1. Be it enacted by the Gem-ral Assembly of the State Board of Fire vf Louisiana, That all the powers and duties connected with ^J'jj^^^y,^^"*''^ and incident to the government and discipline of the fire depart- ment of the city of New Orleans shall be, as hereinafter more especially provided, vested in and exercised by a board, com- posed of nine commissioners, the Commissioner of Police and Public Buildings, and the Mayor of the city, who shall be ex- officio president of said board, a majority of whom shall consti- tute a quorum for the transaction of business. The Mayor shall have the right to vote only in case of a tie, in which case he shall have the casting vote ; but if the Mayor shall disapprove any resolution he shall, within twenty-four hours return the same to the commissioners with his objections in writing; and if a ma- jority of said commissioners shall adhere to said resolution notwithstanding said objections, the said resolution shall have full force. 340 FIRE DEPARTMENT. City to be di- Sec. 2. The city shall be divided into five tire districts, and one vided into dis- commissioner shall be elected from each municipal district, and tncts. ^ two at large, and the Commissioner of Police and Public Build- ings shall be a member of said board during his term of office. Vacancies in Sec. 3. That the Several members of the present Board of Plre b o a'/dVh^ow Commissioners, as constituted under City Ordinance No. 5614, ^^^^' C. S., be and they are hereby reappointed under this act to serve out their unexpired term of office, and in case of death, resig- nation or removal from office of any of said Commissioners the City Council shall proceed, at a regular meeting, to fill said vacancy for the unexpired term of such Commissioners; and upon the expiration of the term of any of said commissioners the City Council shall proceed to elect a successor for the term of seven years, as above provided for. Removals; Sec. 4. The Said commissioners shall, before exercising any of how made. ^j^^.^ duties, duly take and file with the Mayor their oath of office. Any member of said Board of Commissioners may at any time be removed by a vote of two-thirds of the members of the Common Council of the city of Xew Orleans for sufficient cause, and the proceedings in their behalf shall be entered on the jour- nal; provided, that the said Common Council shall previously cause a copy of the charges preferred against such member sought to be removed, and notice of the time and place of hear- ing the same, to be served on him ten days at least previous to the time so assigned, and opportunities be given him to make his defence personally and by counsel. Organization Sec. 5. Said commissioners on being qualified, shall meet and s/oners™ ™ '® ' Organize by electing one of said commissioners as president, who shall act only in case of absence or disability of the Mayor, whereupon they shall possess and have the power and authority conferred upon or possessed by any and all persons in the city of New Orleans for the prevention and extinguishment of fires to the exclusion of all such persons, together with such other powers and duties in said city as are hereafter conferred. D uti es of Sec. 6. The said Fire Commission is hereby empowered and Commissioners ^ij-gg^pij jq possess and cxercisc fully and exclusively all the powers and perform all the duties for the government, manage- ment, maintenance and direction of the Fire Department of the city of New Orleans, and the premises and property thereof, which at the time of the organization of the said Commission were possessed by or under control of the Common Council of said city, and the officers or employees of said city; said powers and duties to be performed and exercised and said property used in said city or otherwise, as hereafter provided. And the said Commission shall hereafter have sole and exclusive power and authority to extinguish fires in said city of New Orleans. Sec. 7. It shall be the duty of the Board of Commissioners to provide supplies, tools, implements, horses and apparatus, of FIRE DEPARTMENT. 341 tany and all kinds to be used in the extinguishment of fires; and c o m m i s- the maintenance of the Fire Department in a thorough and eflti- twe^tools/eTc* "Cient state; to buy, sell and repair and have the care of the same and take any and all action in the premises. All real estate, fire apparatus, hose, implements and tools now used by the Fire Department in the city of New Orleans, belonging or that may hereafter belong to the said city, shall be in the keeping and custody of said Commissioners, audit shall be the duty of the city of Xew Orleans to provide suitable quarters for such of the com- panies as are now occupying rented premises, and such other companies as may be established hereafter. The said Board of p o w e r s of Commissioners shall have power to rearrange the location of^^^^j.^^^l^g^_ companies, and it shall be competent for said Commissioners.. at panics, any time in their judgment, to send any steam fire engine, hook and ladder truck, chemical engine, hose and other apparatus, to the relief of any community in the vicinity of the State of Louis- iana. Sec. 8. No member of said Commission shall hold any political Holders of office, elective or appointive, except the Commissioner of Police Pf r"^bl °*" and Public Building^, or be the clerk or employee of any elective or appointive officer. Any one of said Commissioners shall be considered as vacating his office in the event of his accepting or holding any political office, and any Commissioner who shall, during the term of his office be publicly nominated for any office elective by the people, and shall not decline the said nomination within ten days succeeding notice of the same, shall in either case be deemed as vacating his office. Sec. 9. It shall be the duty of the Board of Fire Commission- Board to ex- ers to examine into the cause, circumstance and origin of all ^^^sefof fir"'" fires occurring in the city of New Orleans by which any build- ing, erection, vessel, or valuable property shall be accidentally or iinlawfully burned, destroyed or damaged, and to especially in- quire and examine whether such fire was the result of careless- ness or the act of an incendiary. The president of said board shall take the testimony, under oath, of all persons supposed to be cognizant of the facts connected with such fire ; such (said) testimony shall be reduced to writing; and shall be forwarded to the District Attorney, together with a report of said board em- bodying their opinions and conclusions regarding the same. The said Commission is hereby authorized and empowered to issue subpoinas and compel the attendance, administer oath to wit- nesses and compel the production of books and papers when re- quired for the purpose of such investigation. Sec. 10. That the Chief Engineer, Assistant Engineers, Cap- Relative to tains. Engineers of Engines, Stokers, Drivers, and all members, ^^^ retention of o o ■> 7 7 'present em- the Secretary-Treasurer, Department Physician, Veterinary Sur- pioyees. geon and all other employees of the present Fire Department, be retained in their respective positions. The said board may ap- 342 FIRE DEPARTMENT. ^ point as many officers and other employees as may be necessary.. The tenure of office of all officers and employees of the Fire De- partment shall be perpetual unless removed for cause as provided' for in this act. Rules and Sec. 11. Said board shall have power to adopt such rules and regulations. regulations for the government of the force created by this act as they shall deem fit and proper, not inconsistent with the laws of the State, and the violation of such rules and regulations shall be sufficient and good cause for dismissal from the force; pro- vided, however, that in all cases charges shall be preferred in writing, and a copy of such charges served upon the accused three days previous to the time assigned for trial, and opportu- nities given him to make his defence personally and by counsel. Estimates to ^EC. 12. It shall be the duty of the Commissioners to prepare be prepared, and Submit to the City Council, on or before the first day in De- cember of each year, an estimate of the whole cost and expenses of providing for, running and maintaining the Fire Department of the city; provided, further, that one-twelfth of the amount so budgeted by the City Council be paid monthly by the City Treasurer to the said Board of Fire Commissioners, the said amount to be distributed by the treasurer of said board under their direction upon vouchers properly certified by the president or acting president of said board and Chairman of the Finance Manner of Committee. The secretary shall keep a voucher book in which keeping ac- jjg g^all keep a correct record of all amounts paid out, the fund counts. ^ '^ ' to which it is chargeable, and the person to whom payable. Bond and ^'^G. 13. All members of this department shall be required to duties of mem- be Constantly on duty and subject to all rules and regulations Department. ^ established by the Commissioners. The Chief and Assistant Engineers, Secretaiy and Treasurer and all other employees shall furnish good and solvent bond to the satisfaction of the Mayor, and made payable to the city of New Orleans, in the sum set opposite their names, viz. : Chief Engineer, $5000; Assistant Engineer, $2500; Secretary and Treasurer, $2000; Employees, $500. Injured mem- ^^^- ^^- -^"^ member of the Fire Department receiving injury bers. or becoming disabled while in the discharge of his duty so as to prevent him from attending to his duties as such member, shall for the space of twelve months, provided his disability shall last that time, receive his usual salary. The fact of such disability and its duration shall be certified by the Department Physician or such other evidence as the Commissioners may require. Right ot way Sec. 15. The officers and men of the Fire Department, with to fire. their apparatus of all kinds, when on duty, shall have the right of way to any fire and in any highway, street or avenue, over any and all vehicles of any kind except those carrying United States mail ; and any person in or upon or owning any vehicle, who shall refuse the right of way, or in any way obstruct any fire ap- FIRE DEPARTMENT. 343- paratus or any of said officers while in the performance of duty, shall be deemed guilty of a misdemeanor and be liable to pun- ishment for the same by the Recorder of the district in which the offence is committed, by a fine of not more than twenty-five dol- lars, or imprisonment not exceeding thirtj' days. Sec. 16, The Commissioners are empowered to provide for the Memberspro- laying on the railway ^^racks of the city over the hose used by ggl^ng /he/r the department for the extinguishment of fires, of such hose salaries, bridges as they may deem necessary. The officers and members are prohibited from selling or assigning their salaries by antici- pation or in advance, or giving powers of attorney for the collec- tion thereof, before being earned. Any person who shall falsely represent any of the members of the Fire Department, or who shall maliciously intend to deceive, use or imitate any of the signs, fire caps, badges, signals, adopted or used by the said department, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than twenty-five dollars, and to imprisonment for the term of not more than thirty days, recoverable before the Recorder in whose district the offence is committed. Sec. 17. The Chief or Acting Chief of the Fire Department Powers and shall have sole and absolute control and command at all fires over ch'iet"^'oVt il^e all persons connected with the Fire Department, and shall take all Fire Depart- proper measures for the extinguishment of fires, preservation of order and observance of laws, ordinances and regulations re- specting the same. He shall also take proper measures that the several engines and other apparatus be arranged in the most ad- vantageous situations for the effective extinguishment of fires, and he shall have authority, in case of emergency, to cause to be pulled down or demolished any house, building, fence or danger- ous wall, if deemed necessary by him; and in the absence of the Chief Engineer, the Assistant or District Engineer in command will assume the functions of the Chief. Sec. 18. The Chief of the Fire Department shall prefer written Manner of charges for any violation of the rules, regulations, or orders of his preferring " ' o ' charges against department against any member thereof, upon his own knowledge members, or upon written information communicated to him by any mem- ber of the department or any citizen. Sec. 19. During the pendency of charges against any member suspension of the department, the Chief of the Fire Department may sus- of members, pend from duty any such member until such charges shall be ex- amined or disposed of. Sec. 20. It shall be the duty of all members of the Fire Depart- permission ment to prevent all persons not belonging to the department must be given , , . . , .IT , to persons to from entermg any engine house or handling any apparatus be- handle a p p a- longing to the department without permission. ratus. Sec. 21. The Chief of the Fire Department and assistants shall have the same police powers at all fires as the Superintendent of 344 " FIRE DEPARTMENT. Departments Police, and may Command such assistance from the inhabitants of poller p"we^'s"*^® ^^*y for the suppression or extinguishment of fires as may be required. They shall have power to place ropes to intercept access to the fire, also to order any company, fireman or other person from the neighborhood of a fire. Any person refusing to Penalty for comply with such orders shall be deemed guilty of a misde- ply with°ordSs mcanor, and on conviction thereof before the Recorder of the dis- of the depart- trict in which the offence is committed shall be subiectto a fine tnent. •' of not more than twenty-five dollars, and in default of payment to imprisonment in the parish prison for a period not exceeding thirty days. Responsibii- Sec. 22. The Chief of the Fire Department being responsible ment*^to^re^s^t^or the entire management of his department, shall have power with the Chief, to suspend from service any officer or employee of the same, and suspension to continue until the Board of Fire Commissioners shall dispose of the charges made, which in all cases must be presented at the first subsequent meeting of the board. Order of rank. Sec. 23. In the absence of the Chief, the Assistant shall assume command, and in the absence of the assistant the next ranking officer, and whenever a vacancy shall occur from death, resigna- tion or otherwise, in the offices of the Chief Engineer, the Assist- ant Chief or District Engineer, it shall be filled by election by the Board of Fire Commissioners. Quaiificaiions Sec. 24. No person Under twenty-one years or over sixty-five mem ers. yg^rs of age shall be appointed in the Fire Department, nor shall any person be appointed or remain in said service who is not a cit- izen of the United States or not of good moral character, or who shall have been convicted of crime; no person shall be eligible to the position of Chief Engineer, Assistant or District Engineer or Captain, or foreman of any company who can not read and write understandingly the English language, or who shall not have re- sided within the State one year, and shall only be appointed after he has fully passed a satisfactory physical examination before the Department Physician. Leaves of Sec. 25. No member of the Fire Department shall, under pen- a sence. ^^^ ^^ forfeiting the salary or pay due him, withdraw or resign, except by permission of the Board of Fire Commissioners. Un- explained absence without leave of any member of the uniformed force for two consecutive days shall be deemed and held to be a resignation by such member and accepted as such. Warrants to Sec. 26. Every member of the force shall have issued to him nfemberT*^ *° ^5' ^^ board a proper warrant of appointment, signed by the president and secretary, which warrant shall contain the date of his appointment and his rank. Oath of office Sec. 27. Evcry member of the force shall take an oath of ofllee and subscribe the same before an officer empowered to administer an oath, and furnish bond as provided for. FIRE DEPARTMENT. 345 Sec. 28. The government and discipline of the department Discipline of shall be such as the Commissioners may prescribe, from time to ^|j,^ e p a r t - time, by rules", regulations and orders. The commissioners shall have power in their discretion, on conviction of an officer or mem- ber of the force, of any legal offence, disobedience of orders, or in- capacity, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conductor conduct unbe- coming an officer, or other breach of discipline, to punish the offending party by reprimand, forfeiting or withholding pay for a specified time ; or dismissal from the force. Officers and mem- bers shall be removed only after written charges have been pre- ferred against them ; and after the charges have been publicly examined into, upon such reasonable notice to the person charged, and in such manner of examination as the Commissioners may prescribe. Sec. 29. Said Commissioners shall receive no compensation for Commission- their services, but they as well as all other employees of the Fire "^n^^ju^ '"and Department shall be exempt from militia and jury duty while so Militia duty, employed. The Commission hereby created may adopt a com- mon seal and direct its use, and in the name of its presi- dent may institute and maintain suits and proceedings at law and in equity, and may pay cost, expenses or judgments therein, for the enforcements of its rights and contracts, and for the protection, possession and maintenance of property under its control; and all fines and penalties mentioned in or imposed by the city ordinances for the more effective prevention of fires and the better protection of life and property in the city of New Or- leans ; and all fines and penalties received by the Treasurer of the city of New Orleans for the violation of the city ordinances rela- tive to the prevention of fires and the better protection of life and property shall be paid over to the said Board of Commissioners, peniuies^ ^^^ to be receipted for by the Secretary-Treasurer of the board, and all such sums shall accrue to the benefits of the Mutual Benevo- lent and Kelief Fund of the department. Sec. 30. The City Council shall provide such offices and busi- ness accommodations for the transaction of their business and that of their subordinates in said city of New Orleans as shall be necessary. Sec. 31. That this act take effect thirty days after the promul- gation by the Governor. That all acts or parts of acts contra- vening the provisions of this act are hereby repealed. Art. 716. That the Chief Engineer of the Fire Depart- shutting off ment of the First, Second, Third and Fourth Districts *" ord'.N"!5429, be and he is hereby authorized and empowered to order Dec. i8, isss. the shuttinp^ off of any circuit belonging to the Louisiana Electric Light and Power Company, crossing or in close 346 FIRE DEPAETMENT. proximity to any conflagration, when in his judgment said wires will endanger life or property, and to promptly notify said Electric Light Company when said circuit may again be operated, it being understood that no deductions will be made on the monthly bill of said Louisiana Electric Light and Power Company by the city of New Orleans for the non-lighting of lights on such circuits during the time they are ordered shut off by the Chief Engineer. Telephone Art. 717. That the Mayor be and he is hereby author connection. . . " . . , . , ord. No. 9690, ized and directed to enter into a notarial contract with c. s. June s, 1894. the Great Southern Telephone and Telegraph Company, A m e n d 1 ng . . and re-enacting for the erection and maintenance of a system of tele- Ord. No. 9314, , . . . .11 ... c. s. phonic communications with the various engine houses constituting the Fire Department of the city of New Or- leans and the fire alarm office in the City Hall, as well as a general communication with the trunk lines to the Central Telephone Exchange, and with the general sub- scription of the city of New Orleans, limited to forty (40) stations. The said contract to be for and in con- sideration of the sum of three thousand dollars per an- num, and to date from January 1, 1895, and to continue in force for a period of five (5) years from said date. It is agreed and understood that any equipments in excess of the forty stations above specified shall be charged for in the same proportion ; and it is further agreed and understood that the Great Southern Telephone and Tele- graph Company shall immediately and without delay proceed to erect and place said engine houses in tele- phonic communication as above described, and that no charge therefor shall be made to the city of New Orleans for the said service for the balance of the year 1894. Unlimited Art. 718. That it shall be lawful for fire engines, hose speed. Nov., 1874. carriages, hook and ladder trucks and wagons contain- ing the Babcock fire extinguishers to drive through the streets, when going to a fire, at such a rate of speed as may be deemed necessary; provided, that all such vehicles shall be furnished with alarm signals, bells or gongs, of sufficient size to give notice of their approach. Penalty. FIRE DEPARTMENT. 347 Art. 719. That the penalties prescribed for fast driv- Exemption ing by existing ordinances shall not apply to said vehicles "" ib'. when going to fires as aforesaid. » Art. 720. That the right of way through the streets, Right of way. roads and upon the levees, within the city limits, is here- by granted to all fire engines, hose carriages, hook and ladder trucks and wagons containing the Babcock fire extinguishers, when going to fires, and all vehicles of other descriptions are hereby required to move out of the way of such engines, trucks and wagons, when made aware of their approach, and in case of neglect or refusal so to do every driver of such vehicles shall, upon arrest and conviction before the police court of the district, pay a fine of $5, or in default thereof be imprisoned ten days. Art. 721. That for the purpose of facilitating the ready Access to access to water by the engines of the Fire Department, ^""ju^ne, 1878, incases of fire, from and after the passage of this s'epl'^lyg! ordinance, the lessees of the Canal Carondelet and New ^' ^' ^"^" Canal be and are hereby required to so regulate the landing of freight within the harbors of their respective canals as to maintain an open space at intervals of one square or less from the head or basin of said canals to their intersection with Claiborne street, and said open- ing shall be of same width with and opposite each and every street intersecting said canals. Act 127— Approved April 10, 1880. Sec. 25. Be it further enacted, etc., That the Superintend- Free acces*. ent shall cause the intersection of all the streets to said basin and *° *^"*" canal to be kept free from the obstructions of discharged car- goes, in order that free access may be had by the Fire Department of the citj^ ; provided, that steamers, schooners or other water crafts may be permitted to occupy the landing at such intersec- tions, and receive outward-bound freights. Art. 722. That whoever shall violate the provisions of Penalty, this ordinance shall be subject to a fine not to exceed c. s. ' '' Feb. 9,1891. twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of the pay- ment of the fine, to be imposed by the Recorder of 348 FIRE DEPARTMENT. the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor 1;he imprisonment more than thirty days. Duty of police Art. 723. At all fires it shall be the duty of the police Feb., 1853! to keep the space immediately in front of the same free from intrusion by persons not rendering aid at the fire, that the firemen may be enabled the better to discharge their duty, and, in case of danger, effect their escape. Engine not Art. 724. No firc engine, hose or hook and ladder walk". "^ ^"^^' company, or any tender attached thereto, shall be per- ^^" mitted to run on the sidewalks of this city, or through any of the markets or public squares. Penalty Art. 725. That whoever shall violate the provisions of ^<^'^- No. S093 this ordinance shall be subject to a fine not to exceed Feb. 3, 1891. twenty-five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of payment of the fine to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. Demolition ^^'^- ^^^- ^^cu, iu ordcr to stay the progress of a of buildings, ^YQ {I shall be deemed proper to demolish one or more Dec, 1856. ' ^ ^ 0.5.3172. houses 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 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 build- ings, 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 FIRE DEPARTMENT. 349 recover a reasonable compensation therefor from the city ; but when the building so pulled down or demol- ished shall be that in which the fire originated, then the owner shall be entitled to no compensation therefor. Art. 727. In order to carry out the provisions of Act orTNo^^yloo No. 109 of the Legislature, session of 1884, as amended ^-^^^.-j 3^3, by Act No. 39 of the Legislature of 1892, entitled ''An act to amend and re-enact section 1 of Act 109 of the General Assembly of 1884, approved July 10, 1884, entitled an act for the protection of life and property at fires" (Act of 1892, pp. 44 and 45). That the proprietor or proprietors of all buildings in the city of New Orleans having iron shutters on their windows shall cause to be attached to at least one shutter on each window on each story thereof some device or apparatus as required by the aforesaid acts of the Legislature, and that the same shall be so applied in order that said shutters can be opened from the outside in case of fire, to secure immediate access to the building on fire. Art. 728. That in case of failure to comply with the Penalty, requirements of this ordinance the owner or owners of said or such building or buildings, or his or their agent or representative, shall be subject, upon conviction thereof, to a fine not exceeding twenty-five dollars, and in default of paying said fine to imprisonment in the parish prison not exceeding thirty days. Art. 729. That all previous ordinances or parts of Repealing- ordinances on the same subject matter be and the same '^'^"^®- j^^ are hereby repealed. Art. 730. That the devices of Messrs. L. Pujol, P. O. Devices for Guerin, Donohoe & Finn and John Jouet, for openings huttersac- iron shutters, are hereby selected in accordance with the ord.No. 7797 provisions of Act 109 of 1884, as amended by Act 3 of July s, 1893- 1892, entitled an act to amend and re-enact section 1 of Act 109 of the General Assembly of 1884. Ord. Xo. 5614, C. S., creating paid Fire Department. Ord. Xo. 5659, C. S., amending Ord. Xo. 5614, C. S. Ord. X"o. 5841, C. S.. amending Ord. Xo. 5614. C. S. Ord. Xo. 7096, requesting location of a chemical engine in square bounded by Galvez, Broad. Common and Bienville streets. 350 FIRE ESCAPES. Ord. No. 7786, C. S., authorizing purchase of property in square bounded by Broad, Gasquet, Palmyra streets and Jane alley, in accordance with Ord. 7096, C. S. Ord. No. 7898, setting aside funds for erection of building, in accordance with above. Fire Wells : Ord. Nos. 2315, 2674, 7747, 7888. 7930, 8045, 8287, 10,642, 10,538. FIRE ESCAPES. standpipes. Art. 731. (1) That all business buildings now erected or ^^rd. No. 6513^^ be erected, being more than fifty feet high, covering July 5, 1892. ^^ ^^^^ ^^ ^-QQ g^pgrflcial feet, shall have a two and a half inch or larger metallic stand pipe within or near the front wall, extending above the roof, with suitable valves at each story, and arranged so that engine hose can be attached from the street. All hose couplings shall conform to the size and pattern adopted by the Fire Department. Metaiic ladders >A.RT. 732. (2) All buildiugs, cxcept such as are used for pipes. ^^^"^' private residences exclusively in this city, of four or ^^- more stories in height, shall be provided with one or more metallic ladders or metallic fire escapes, with stand- pipe attached, including from the first story to the upper stories of such buildings, and above the roof and on the outer walls thereof, in such location and numbers and of such material and construction as the Mayor, Chief En- gineer of the Fire Department, the City Engineer and chairman of the fire committee of the Council and Com- missioner of Public Buildings, or a majority of them, may from time to time determine. After such determi- nation shall have been made as aforesaid the Chief En- gineer of the Fire Department, at any time, by notice in Notice to writing served upon the owner or agent at his residence owner or agent. ^^ placc of busincss, requiring such owner or agent of any such building, by leaving with such owner or agent, or at his residence or place of business, a copy of such notice requiring such owner or agent to cause such building, within thirty days after the service of such notice, to cause metallic ladders or fire escapes to be placed upon such building within thirty days after the FIRE LIMITS 351 service of such notice 5 provided, however, that all build- ings more than two stories in height, used for manu- facturing purposes, shall have one metallic ladder for every twenty-five persons or less employed above the second story. Art. 733. (3) In case such owner or agent so served with Failure to notice as aforesaid shall not, within thirty days after the nouce.^ "^ * service of such notice upon him, place or cause to be placed, such metallic ladder with standpipe or fire escape upon such building as required by this ordinance and Penalty, the terms of such notice, he shall be subject to a fine of not less than twenty-five nor more than two hundred and fifty dollars, and to a further fine of twenty-five dollars for each week he or others fail to comply with said notice. That the fines imposed for violation of this ordinance shall be collected by any court of competent jurisdiction. Art. 734. (4) That it is hereby made the duty of the Duty of Mayor, parties herein designated to execute the provisions of this neer, etc, "^'" ordinance. Art. 735. (5) That all ordinances or parts of ordi- Repealing nances inconsistent, contrary or in conflict with the pro- * ib. visions of this ordinance be and the same are hereby xepealed. ACT OF LEGISLATURE. Act 97. For the better protection and security to life, and providing for fire escapes on all buildings four stories high and over, private residences excepted. FIRE LIMITS. Art. 736. That it shall not be lawful to erect, and unlawful to all persons are forbidden to erect, or to cause to be exfeS'w'iTh erected, within the following described limits, any build- oT'other n^n*^ ing whatever except the walls thereof be constructed of materia" fn 'Sr- brick or other non-combustible materials, covered with * o"d! no**3373, slates or other non-combustible materials, viz. : The '^b^ct. 16. 1888. banks of the Mississippi river in front, thence up Jack- son street to Tchoupitoulas street, including both sides. tnct 352 FIRE LIMITS. Fire limits, thence down Tchoupitoulas street to St. Andrew street^ ' thence up St. Andrew street to Religious street, thence down Religious street to Felicity Road, thence out Felicity Road to Annunciation street, down Annuncia- tion street to Calliope street, out Calliope street to Car- ondelet street, thence down Carondelet street, including both sides, to north side Howard avenue, out north side Howard avenue to Rampart street, thence down Rampart street, including both sides, to Poydras street, out Poy- dras street to Franklin street, thence down Franklin to Canal street, out Canal, upper side, to Rampart street, thence down Rampart street to Toulouse street, out Toulouse street, including both sides, to Bourbon street, thence down Bourbon street, including both sides, to Dumaine street, out Dumaine street to Chartres street, thence down Chartres street to Lafayette avenue, thence out Layfayette avenue to Mississippi river. Fourth Dis- ^RT 737_ (2) That the -buildings hereafter to be ^^- erected in the Fourth District and fronting on Maga- zine street, between Felicity Road and Jackson street, also on Camp street from Felicity to St. Andrew street, also on St, Mary street from Magazine street to Camp street, and on St. Andrew street, from Camp to Magazine street, shall be constructed of brick or other non-combustible material to the extent of one hundred and fifty feet from the front of said streets. Fifth District. Art. 738. That on and after the passage of this ordinance it shall be unlawful to erect a building within the boundaries of the river, Atlantic avenue and Opelou- sas avenue. Fifth District of New Orleans, unless said building be covered with a roof of either slate, corru- gated iron, or some other material that is fire-proof. Art, 739. That the City Engineer is hereby spe- cially directed in issuing permits for building within the above boundaries to strictly enforce the provisions of this ordinance. Plank roofs; Art. 740. (3) That hereafter no buildings shall be Coulicih"* ° * constructed with shingle or plank roofs without the con- c?s^' ^°' ^^^^' sent of the Council within the following limits, viz. i FIRE LIMITS. 353: Removal of buildings. lb. From Lowerline to Felicity Road and from the river to Dryades street. Art. 741. (4) That it shall not be lawful to erect, and Unlawful to erect buildings all persons are forbidden to erect or cause to be erected, unless root is any building whatever except the roofs thereof shall be siate o r other covered with slate or other non-combustible materials, bie material in within the following limits, viz. : In the rear of the fire limits as per section 1 of this ordinance and com- mencing corner Religious street and Felicity Road, thence out Felicity Road to Magnolia street, thence down Magnolia street to Calliope street, out Calliope street to Clara street, thence down Clara street to Poy- dras street, out Poydras street to Claiborne street, the rice down Claiborne street to Esplanade street, out Espla- nade street to St. Claude street; thence down St. Claude street to Independence street, thence out Independence street to the river. Art. 742. (5) That it shall not be lawful and all per- sons are forbidden to remove or cause to be removed to another place on the same lol, or on another lot if with- in the limits described in sections 1, 2 and 4 of this or- dinance, any building already erected without making such building fire-proof, in accordance with the provi- sions of said sections respectively. Sec. 6 of Ord. No. 3273 repealed by Ord. Xo. 4336, C. S., March 18, 1890. Art. 743. (7) That the owner of every house covered with wood sliall 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 ($5) dollars for each and every month the owner or agent thereof shall neglect to comply with the requirements of this section, after notice from the Mayor, said penalty re- coverable before the Recorder in whose district the offence is committed. Art. 744. (8) That any person or persons violating any of the provisions of this ordinance shall be liable to a fine of not less than five ($5) dollars nor more than twenty-five ($25) dollars, or imprisonment for not less lb. Penalty. Penalty. 354 FIRE LIMITS. than five or more than thirty days at the discretion of the Recorder in whose district the offence is committed. Penalty. '^^'^' '''45. (9) That also a further fine of from $5 ^^to $25, or imprisonment from five to thirty days, shall be imposed for each and every month he, she or they shall refuse or neglect to comply with a written notice from the Mayor, specifying the delay which may be adjudged reasonable by said officer, to demolish or alter any such building in contravention, recoverable as . • aforesaid. Dutyoi police. Art. 746. (10) That it shall be the duty of the police ■ to report all violators of the provisions of this ordinance to the Mayor, who shall cause the proper affidavit to be made before a magistrate for the recovery of the fines imposed. Repealing ^^"^^ ^"^^^ C^^) ^^^^ all ordiuauccs Or parts of ordi- ■ciause. ^^ nances in conflict herewith be and the same are hereby repealed. Frame build- Art. 748. That any and all ordinances or parts thereof ofstrict. ^^"^ prohibiting the construction' of frame buildings in that ^or ,No.s322,p^^^ of the city of New Orleans lying upon and beyond May26, 1891, ^gpi^nadc street, in the Third District, be repealed. Unlawful to Art. 749. (1) It shall not be lawful to erect, and all buifdLyr"fire persons are forbidden to erect or cause to be erected, ^'ord.* No. 6s33, within the fire limits of this city, any building, except ^ July 5, 1892. the same be constructed entirely of brick, stone or other non-combustible materials, and roofed with slate, com- position or other non-combustible material ; provided, that wood covered with metal shall not be considered non-combustible, except for roofs. Buildings four Art. 750. All buildiugs of four or more stories in stories.™" "^^ height, within the fire limits, shall have flat roof cov- ^^' ered with composition, metal or other fire-proof metal. No building shall be erected within the fire limits with wooden studding, faced and packed with brick. Alterations, Art, 751. (2) No alteration, extension or addition tdSn^ ** ' shall be made, nor shall any person cause the same to be ^^made, to the exterior of any building within the fire limits unless such alteration or addition be of brick, stone or other non-combustible material, except FIRE LIMITS. 355 in piers extending into the river, or on the levee where the same may be sheds or frame buildings, plans of which shall be approved by the City Council. PERMITS. Ord. 8124. Augusti, A.. 62 Dryades street, shed, brick front, sides and roof corrugated iron, October 5, 1893. Ord. 2907. Bryan & Miles, Julia, Notre Dame, Water and Delta streets. April 6, 1888. Ord. 3161. Baudet. Widow Julia, St. Philip, Dauphine, Bur- gundy and Dumaine, August 30, 1888. Ord. 6195. Barnwell, James, 226 Magazine, two-story frame, brick wall on upper side one-story high, sec- ond story to be frame, sides and top covered with asbestos and tin, first story, lower side, with glass openings, March 31, 1892. Ord. 6850. Behan, Elizabeth Antoinette, 219 and 221 St. Charles, October 20, 1892. Ord. 9335. Barry, Mrs. G. W., Religious street, between Race and Robin streets, double-frame slated cottage, June 28, 1894. Ord. 10,067. Brinkman, Henry, Tchoupitoulas, between Jackson and Josephine, two double cottages, brick front, December 11, 1894. Ord. 10,699. Bruning, Theo., on lots 12 and 13, to construct buildings on plans approved by City Engineer. Ord. 10,790. Baldwin, Thomas, Tchoupitoulas and Theresa, to demolish old structure and erect frame slated cottage. May 3, 1895. Ord. 11,005. Burns, Jas., Tchoupitoulas, between Celeste and Felicity, frame slated shed, July 10, 1895. Ord. 11,073. Brinker, Frank, St. Charles, near Calliope, frame slated cottage, August 1, 1895. Ord. 11,280. Brinker, Frank. 1022 St. Charles avenue, frame building, with iron roof. September 10, 1895. Ord. 11,284. Becochi, Antonio L., Esplanade avenue, square bounded by Decatur, Chartres and Barracks streets, double cottage ($2000) frame building, September 10, 1895. Ord. 11,385. Bosso, Jos., Conti street, between Rampart and Burgundy streets, frame shed, with corrugated iron roof. September 26, 1895. Ord. 9131. Chaplain, Louis. Rampart and Gravier, one addi- tional story. May 11, 1894. Ord. 3084. Dufour, Francis, 280 Bourbon street, July 20, 1888. Ord. 6612. Dofflns, Misses, Thalia, between Tchoupitoulas and Peters, frame slated cottage, August 9, 1892. Ord. 8756. Dunn. Edward, Tchoupitoulas and Thalia, two double cottages, March 2, 1894, Ord. 9269. Day. Mrs. John T., Orange. Race, Tchoupitoulas and S. Peters, frame slated cottage, June 1, 1894. Ord. 9423. Durroux, Dominique, Widow, intersection of Baronne, Howard avenue and St. Joseph, frame slated building, July 13, 1894. 356 FIRE LIMITS. Ord. 10,342. Dejean, H. J., Perdido, between Baronne and Dryades, frame building covered with cor- rugated iron, February 19. 1895. Ord. 10,709. Delbarty, Widow A., Dauphine, between Conti and Bienville streets, frame slated building. Ord. 11.172. Flettrich, John L., S. Kampart, in square bounded by Lafayette, Girod and Basin, single story, slate roof. August 27, 1895. Ord. 3037. Garland, Edw. F., 83 and 85 Elysian Fields, July 7, 1888. Ord. 7286. Gould. H. C, Tchoupitoulas, Thalia, Peters and Hunter streets, slated, March 9, 1893. Ord. 8754. Gleanon, Mrs. M. E., Orange, between Religious and St. Thomas streets, frame cottage, March 2. 1894. Ord. 8755. Gilligan, Widow John, Gaiennie and New Levee, brick front one-story double slated cottage, March 2. 1894. Ord. 9340. Grunewald, Louis, Dauphine, Bourbon, Conti and Bienville streets, two-story warehouse, June 28, 1894. Ord. 9444. Guinle, H. B., Dryades, between Perdido and Poydras streets, to rebuild a two-story frame slate roof building, July 13, 1894. Ord. 9976. Grote, John, St. Joseph. Julia, Water and Delta streets, frame building stable, covered with patent lire-proof roofing and sides with cor- rugated iron, November 17, 1894. Ord. 10,183. Goreau, Louis F., 1008 Camp street, frame build- ing 12x18 feet, covered with corrugated iron, January 16, 1895. Ord. 10,708. Glass, Vandergriff, Camp, between Julia and St. Joseph streets, to repair roof with corrugated iron, to repair shed. May 14. 1895. Ord. 6302. Home Brewing Company, N. Peters, Jeanne, Char- tres and Pauline streets, frame building, April 23, 1892. Ord. 9044. Haag, Henry, 96 Girod street, one-story warehouse, brick front, Fletcher roof, wood and iron sides, April 30, 1894. Ord. 9270. Harvey, Miss Mary, Tchoupitoulas, Orange, Race and Religious streets, frame slated cottage, June 1, 1894. Ord. 10,210. Hyde, Mrs. A. V., Poeyfarre, Delord, Camp and Magazine s reets. frame building. January 22, 1895. Ord. 11,711. Huener, Wid. Michael Louise, St. James street, square bounded by S. Peters, Tchoupitoulas and White streets, double frame, slated cot- tage, December 24, 1895. Ord. 11,135. Hackney. D. A., 815 Carondelet street, two-story frame building, slated roof, Aug. 6, 1895. Old. 5099. Illinois Central Railroad Company, Front, between St. Joseph and New Market streets, frame building, with corrugated iron roof, February 6,1891. Ord. 10,595. Jensen, Mrs. L., Howard avenue, between Caron- delet and St. Charles streets, double two-story frame, slated building, April 18, 1895. FIRE LIMITS. 357 Ord. 7818. Klemme, Wid. George E., 122 St. Louis street, re- pair, alteration and re-erect certain buildings, July 28,1893. Ord. 9398. Klefforth, J. H., Market, Chippewa, St. James and St. Thomas streets, double slate-roof cottage, July 9, 1894. Ord. 10,433, Kanel, Mrs. J., Thalia, between Tchoupitoulas and S. Peters streets, frame building, brick walls, March 13, 1895. Ord. 4151. Louisiana Steam Sash, Blind and Door Factory, Roberts & Co., Gravier, Howard and Tulane avenue, two-story brick and fire-proof build- ing for engine room, December 5, 1889. Ord. 6474. Lannan, Thomas, St. Thomas, between Erato and Gaiennie streets, double frame cottage, July 1, 1892. Ord. 6634. Lannan, Thomas, St. Thomas, between Erato and Gaiennie streets, double frame, slated cottage, September 1, 1892. Ord. 6670. Louisville & Nashville Railroad Company, Water, Delta, Julia and St. Joseph streets, single story building, corrugated iron roof, 100x30 feet, September 9, 1892. Ord. 6747. Lacoste, E., 64 Royal street, covered shed with cor- rugated iron, September 28, 1892. Ord. 10,248. Landry, 613 Bourbon street, frame building, with Fletcher roof in rear of brick building, Febru- ary 2, 1895. Ord. 11,458. Louisiana Electric Light and Tower Company, in square bounded by Market, S. Peters, Richard and Water streets, frame structure, October 15, 1895. Ord. 11,487. Lambert Bros., 916 and 918 Camp street, slated mansard roof on brick building, October 22, 1895. Ord. 7160. Maus, Jacob, 36 Nunn street, double frame, slated, February 2. 1893. Ord. 8887. McConnon, Mrs. M., Thalia, between S. Peters and Tchoupitoulas, frame slated building, March* 26, 1894. Ord. 10,303. McEntee, Jno. M. and J. J., 218 Dryades street, frame slated building, February 7, 1895. Ord. 11,319. McLoughlin, L. J., Dauphine street, square bounded by Customhouse, Bienville and Burgundy streets, frame shed with flre-proof roof, September 19, 1895. Ord. 5261. N. O. Lawn Tennis Club. Amelia, near Dryades, shingle roof, April 29, 1891. Ord. 9318. N. O. Sanitarium and Training School for Nurses, 279 Carondelet street, to remodel premises in frame, covered with wire lath and cement, stucco on the outside, March 7, 1894. Ord. 9994. N. O. and Southern R. R. Co., to construct on two squares bounded by Urquhart, Hancock, St. Claude and Tricou streets such sheds as may be necessary for the repairing of its motive power and rolling stock, November 24, 1894. Ord. 2743. Perez, Wm., Perdido, between Dryades and Ram- part, February 1, 1888. 358 FIRE LIMITS. Ord. 4151. Roberts & Co., La. Steam Sash, Door and Blind Factory, Gravier, Howard and Tulane avenue, two-story brick fire-proof building, as engine and boiler room, December 5, 1889. Ord. 4565. Ryan, P. H., Gaiennie and Tchoupitoulas, double frame cottage with shingle roof, June 7, 1890. Ord. 8190. Ryan, P. H., Gaiennie, Erato and Tchoupitoulas and iNew Levee, small shed, October 24, 1893. Ord. 10,681. Rand, Mrs. M., Orange, between Religious and Tchoupitoulas, two double-frame slated cottages, May 9, 1895. Ord. 11,409. Roonan, P., square bounded by Delord, Constance, Magazine and Poeyfarre streets, reconstruct frame shed and repair his premises, October 1, 1895. Ord. 3206. Seibel Bros., 32 and 34 Barracks, September 28, 1888. Ord. 5258. Sweeney James, Robin, Race, Peter and Tchoupi- toulas streets, open shed with corrugated iron roof, April 26, 1891. Ord. 5271. Stranghan J., Henry Clay, Jersey, Calhoun and Tchoupitoulas streets, small frame cottage, slate roof, April 30, 1891. Ord. 9023. Sullivan C. D., St. James near St. Peter, small frame cottage, slate roof, April 20, 1894. Ord. 9507. Scott, Chas. A., Tulane avenue and Basin street, two additional rooms to frame building, August 9, 1894. Ord. 10,001. Standard Coal Company, to erect an office 8x10 feet, at their coal yard, on Julia street, at back of L. &. N. R. R., November 24, 1894. ' Ord. 11,074. St. Patrick's Church, to erect mansard roof, Au- gust 1, 1895. Ord. 11,363. Sullivan T., 206 Julia (old), addition to frame building, September 24, 1895. Ord. 11,169. Segretto G., 401 Basin street, frame building, August 27, 1895. Ord. 2820. Theodore A., Levee, between Julia and Girod, March 3, 1888. Ord. 7021. Thompson J. & Bro., Rampart, betw^een Common and Gravier, to alter, repair and make ad- ditions to building, December 21, 1892. Ord. 9224. Villavasso, Wm. M., 70 and 72 St. Joseph, to erect shed with iron covering, May 25, 1894. Ord. 3144. Wagner John, 254 Bourbon street, August 10, 1888. Ord. 5270. Wellman Henry, Magazine, State, Camp and Elenora streets, 9x46 shingled cottage, April 30, 1896. Ord. 6534. Wheelage Harry B., Tchoupitoulas, between Theresa and Bellechasse, single frame, slated cottage, July 5, 1894. Ord. 7312. Weingart Geo. W., Old Basin, Dupre, Gayoso and Toulouse, manufactory and ottice works, March 16, 1893. Ord. 7660. Wilson Prescilla, Walnut, Elizabeth, Market and Foucher, shingle roof, June 5, 1893. Ord. 8911. Yoimg Men's Gymnastic Club, Rampart, Burgundy, Bienville and Customhouse, brick building, one side frame and glass, March 31, 1894. FISH. 359 FIRE SALES. Art. 752. That on and after the passage of this or- Duty of Mayor dinance the Treasurer shall not issue to any one not u?er. regularly doing business in this city as a merchant a c.'s."''"'^^'' license for the purpose of doing business and desig- ^" ^' ' nating same as a ''Fire Sale," unless said party or par- ties applying for said license can furnish proof satis- factory to the Mayor and City Treasurer that said goods have actually been saved from a fire. Art. 753. That any one attempting to do such busi- penalty. ness as designated above without having first obtained a license shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $25 or im- prisonment for not less than thirty days, in default of payment of said fine, said fine to be recoverable before the Recorder having jurisdiction. Art. 754. That Ordinance No. 3273, C. S., be and is Amending ord. hereby amended as follows, viz. : s°' ^^^^' In line 15, after the words " Felicity Road to" insert c.s.'* °" '^^ ' " Religious street, thence down Religious to Race street, ""^ *' to St. Thomas street, thence down St. Thomas street." Art. 755. That Ordinance No. 3273, C. S., be and is hereby amended as follows, viz. : In line 23, after the words " Poydras street to," strike Amending ord. out "Franklin street, thence down Franklin street," ands. °' ^^^^' insert " Basin street, thence down Basin street." u'sLy^^, isgi. Art. 756. That Ordinance No. 8423, an ordinance pre- Repealing venting the erection of frame buildings within the fire c. s. limits under any circumstances, be and the same is here- c. s," °' by repealed. FISCAL AGENT— See City Charter. FISH. See Animals, Offences. Art. 757. That it shall be unlawful for any person or umawfui to persons to catch, kill or pursue any green trout or black during s^pawn- bass, or to have the same in their possession after being *"^ season. 360 FLOUR INSPECTORS. ord. No. s868 caught Or killed, in this parish, during their spawning bee. IS, iSqi. season, say from the first day of March to the fifteenth Amended by « i., „ , . , , ord. No. 7130, day of May of each year, inclusive. Jan. 24,1893. Art. 758. That whoever shall violate the provisions of this ordinance shall be subject to a fine not to exceed Penalty. twcuty-fivc dollars or imprisonment in the parish prison for a term not to exceed thirty days, or both, or impris- onment in the parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprison- ment more than thirty days. Unlawful to Art. 759. That it shall be unlawful for any person or efc"^ ^'""^' "^*' persons to haul any seine, net, etc., in any lagoon or ^oVd.No.6896,^^yQ^ within the limits of the parish of Orleans. That Nov. 2, 1892. ^^y person or persons violating the provisions of this ordinance shall, upon conviction, pay a fine of not more than twenty-five dollars nor more than thirty days' im- Penaity. prisoumcnt by the Recorder in whose jurisdiction said offence is committed. One-half of the fine imposed to go to the informer. That this ordinance shall take effect from and after its passage. Repealing Art. 760. That all ordinances or parts of ordinances clause. ^^ conflicting with the provisions of this ordinance be and the same are hereby repealed. FISK FUND— See Almshouses, Etc. FLOUR INSPECTORS. Act 23 of 1892. Repealing SECTION 1. Be it enacted by the General Assembly of the State ^7o,?e?ative to of Louisiana, That the Act No. 71 of 1870, extra session, approved the compulsory March 16, 1870, and entitled, "An act to amend and re-enact an mspecuon o f ^^^ gj^^^^^^ , ^^ ^ct to establish a Board of Flour Inspectors for the city and port of New Orleans, approved March 28, 1867, and numbered 159,' " be and the same is hereby repealed, and that henceforth there shall be no compulsory inspection of any flour in Louisiana. Sec. 2. That all laws and parts of laws in conflict herewith are hereby repealed. FORGES AND FOUNDRIES. 361 PORGES, FOUNDRIES AND BLACKSNITH SHOPS. See Steam Engines. Art. 761. (1) That it shall not be lawful to erect or permission, establish within the city limits any forge, foundry or c. sV °'^ '^ steam engine without special permission of the City ^*^" ^' ' ^'* Council. Art. 762. (2) All buildings for forges and foundries Construction, must be constructed of brick or other incombustible materials within the fire limits. Art. 763. (3) All petitions for permission to erect any consent of property own- l)lacksmitli shop, forge or steam engme shall be accom- ers. panied with the written consent of a majority of the property owners by the foot frontage within a radius of 300 feet of the place where permission is asked to erect such blacksmith shop, forge or steam engine. Art. 764. (4) Whoever shall violate the provisions of penalty, this ordinance shall be subject to a fine not to exceed ^^' twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of the payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than for thirty days ; provided further, that each day any blacksmith shop, forge, foundry or steam engine shall be operated in contravention of this ordinance it shall be deemed a separate offence. Art. 765. (5) That ordinances Nos. 3176, O. S., 5581, Repealing Ords l^os ^1*76 O. S., and 5612, C. S., be and the same are hereby c.s;"ssS' o.s. , _ "^ and S612 C. S. repealed. ib PRIVILEGES. Ord. 2953. Ax, Livermore, Fulton, between Poydras and La- fayette streets, May 21, 1888. Ord. 4496. Audifred, T. T., removed from 336 to 340 Royal street, May 10, 1890. Ord. 10,023. Aikman, J. W., 41 Newton, December 3, 1894. •Ord. 3251. Baldwin, Albert & Co., Ltd., 115 and 117 Magazine street, October 13, 1888. 362 FORGES AND FOUNDRIES. Ord. 3886. Baldwin, Albert & Co., Ltd., Erato and Tchoupi- toulas streets, August 3, 1889. Ord. 5259. Benson, Charles, blacksmith's forge, Baronne and Girod streets, April 24, 1891. Ord. 6992. Blessing, Jos. T.. blacksmith's forge, 567 St. Denis street, December 7, 1892. Ord. 7042. Bruen, A., blacksmith's forge, Tchoupitoulas street,, between Thalia and Erato, December 29, 1892. Ord. 7086. Bruen, A., frame building with corrugated iron roof, Tchoupitoulas, between Thalia and Erato streets, January 11, 1893. Ord. 7332. Bador, Geo., blacksmith, Dauphine. between Flood and Egania streets, March 23. 189o. Ord. 8602. Briede, Otto F., blacksmith's forge, 84 Girod street, January 18, 1874. Ord. 11,280. Brinker, Frank, blacksmith's forge. 1022 StCharles avenue, September 10, 1895. Ord. 2584. Chittenden, N. S.. 95 South Rampart street, No- vember 18, 1887. Ord. 3788. Crone, Geo., Valence, between Magazine and Camp streets. May 3. 1889. Ord. 3811. Casey, R. W., 33 Commerce street, June 6, 1889. Ord. 3963. Curry, John, Magazine and Poeyfarre. September 6, 1889. Ord. 6588 Coppin, Dummet & Co., Cypress and Freret, Au- gust 5, 1892. Ord. 8076. Cazenavette, Gaston, and Raphael Reyes, 106. Tchoupitoulas, September 27, 1893. Ord. 10,426. Coutin & Chaussier. blacksmiths. 615 Toulouse street, March 13, 1895. Ord. 11,075. Cage, T. A., blacksmith's forge, Constance and Terpsichore streets, August 1, 1895. Ord. 5771. Deilmann, Frank, blacksmith, Washington, between St. David and Liberty, :November 20, 1891. Ord. 7111. Duvic, Frank, blacksmith's forge, Villere and Se- guin. Fifth District, January 19, 1893. Ord. 7945. Driscoll, D., blacksmith's forge, 459 St. Charles ave- nue, August 18, 1893. Ord. 8994. Delperich, Jos. L., blacksmith's forge, Washington and Freret streets, April 19, 1894. Ord. 9169. Dufour, Frank, blacksmith's forge, 229 Chartres street. May 16, 1894. Ord. 10,342. Dejan, Henry J., blacksmith's forge, Perdido,, between Baronne and Dryades, February 19, 1895. Ord. 4472. Estrado, J. L., Louisiana avenue, between Tchoupi- toulas and Chippewa streets. May 7, 1890. Ord. 6948 Estrado, Dr. A., horseshoeing, 21 Chippewa street,. November 23, 1892. Ord. 7448. Estrado, Dr. Antonio, blacksmith, 68 South Peters street, April 21, 1893. Ord. 7617. Eber, Edward, blacksmith, St. Philip between Dor- genois and Broad streets. May 25, 1893. Ord. 9161. Eteman, F., blacksmith and forge, Tchoupitoulas, between Valence and Bordeaux streets. May 16, 1894. Ord. 10,358. Eberling, Frank, blacksmith and forge, Washing- ton and Magnolia streets, February 20, 1895. Ord. 3274. i^erran, Bertrand, J'lood and Dauphine streets, Oc- tober 22,1888. FORGES AND FOUNDRIES. 36^ Ord. 5643. Fish, Chas. M., blacksmith and wheelright, Pitt ,be- tween Henry Clay avenue and Calhoun streets, October 6, 1891. Ord. 5925. Fallon & Surger, blacksmiths, 244 Customhouse street, January 9, 1892. Ord. 6920. Fush, Chas. M., 140 Religious street, November 11, 1892. Ord. 7193. Fehl, Chas. F., blacksmith and forge, Hillary, be- tween Pearl and Commercial streets, February 9, 1893. Ord. 7895. Ferguson, Peter A., horseshoeing, 67 Perdido street,. August 3. 1893. . Ord. 10,628. Faushler & Saner, remove to 36 Montegut street. April 26, 1895. Ord. 2725. Gambrino, S., 92 South Rampart street, February 1, 1888. Ord. 7936. Galvin, Bat., blacksmith and forge, 235 Gravier street, August 18, 1893. Ord. 8052. Guarino, J. U., blacksmith and forge. Rampart, be- tween St. Peter and Toulouse streets. Sep- tember 7, 1893. Ord. 8752. Gehrke, Alfred, blacksmith, Dublin and Calapissa. streets, Seventh District, March 2, 1894. Ord. 9115. Grandpre, A. H., blacksmith and forge, 17 Conti street. May 9, 1894. Ord. 6542. Hammond. Wm., blacksmith and forge , Orange, be- tween Annunciation and Chippewa streets,. July 28, 1892. Ord. 8271. Higgins, H. J., blacksmith and forge, Tchoupitou- las, between Toledano street and Louisiana avenue, November 11, 1893. Ord. 9717. Huff & Wagner, blacksmiths and forge, Claiborne between Spain and Mandeville streets. Sep- tember 21, 1894. Ord. 11,072. Heirch, Aug., blacksmith and forge. Magnolia street and Washington avenue, August 1, 1895. Ord. 8204. Johnson. Jos., blacksmith and forge, 14 Commerce street. October 24, 1893. Ord. 2576. Kane, Q. D., Front, between Gaiennie and EratO' streets. November 11, 1887. Ord. 5881. Kinney, James, Liberty, between Common and Gas- quet streets. December 10, 1891. Ord. 6618. Killelea, John J., blacksmith, Tchoupitoulas, between- Josephine and Adele streets, September 1, 1892. Ord. 6793. Kursch, A., blacksmith and forge, 92 South Ram- part street, Otttober 6, 1892. Ord. 6897. Kosh, Donner & Co., blacksrhith, Clara, between Julia and Cypress streets, October 20, 1892. Ord. 8839. Kneale, William, blacksmith and forge, Washing- ton avenue and Derbigny streets, March 19, 1894. Ord. 9784. Kohl, J., blacksmith and forge. Third and Rampart streets. October 5. 1894. Ord. 2953. Livermore & Ax, Fulton, between Dryades and La- fayette streets. May 21, 1888. Ord. 2958. Lewis, Jos., St. Joseph and Peters streets, May 28,^ 1888. Ord. 3922. Lewis. Jos., 199 Tchoupitoulas street, August 9, 1889. Ord. 3925, Long, J. R., Julia, between Franklin and Liberty streets, August 15, 1889. 364 FORGES AND FOUNDRIES. Ord. 3931. Lewis, H., 50 Delta street, August 30, 1889. Ord. 4817, Lewis, Jos., South Peters and Delord streets, Octo- ber 31, 1890. Ord. 8482. Lammoraine, Jean, 33 Toulouse street, December 21, 1893. Ord. 9228. Loescher, Jos., small forge, 67 Ursulines street, May 25, 1894. Ord. 9440. Levan, J. V., blacksmith and forge. Calliope and Pearl streets, July 13, 1894. Ord. 9685. Leary, John, blacksmith and horseshoer, Fulton, between Girod and Notre Dame streets, Sep- tember 17, 1894. Ord. 10,567. Letsch, Adam, blacksmith and forge, 14 and 16 Washington street, April 4, 1895. Ord. 11,136. Liberto, De S., blacksmith and forge, 613 North Basin street, August 9, 1895. Ord. 4025. Newman, Wm., Tchoupitoulas and St. Joseph streets, October 4. 1889. Ord. 4841. Netzhamer, Frank, Fourth and Dublin streets, No- vember 10, 1890. Ord. 5243. Noe, James, blacksmith, 81 Girod street, April 22, 1891. Ord. 8205. Neligh & Dowens, blacksmith, 13 Montegut street, October 24, 1893. Ord. 9845. Noel, Chas., blacksmith, Washington, Claiborne, Willow and Sixth streets, October 18, 1894. Ord. 10,623. Nelson Cornice Works, blacksmith, 738-740 Camp street. April 25, 1895. Ord. 11,171. Naberenne, N., blacksmith and forge, 618 North Basin street. August 27, 1895. Ord. 6584. O'Neil, Francis, horseshoer, to remove from 58 to 60 Elysian Fields street, August 5, 1892. Ord. 10,870. Overing, Wm., blacksmith, 429-431 Dryades street, June 12, 1895. Ord. 11,579. Poberie, Jean Marie, blacksmith, Lapeyrouse and Derbigny streets, November 12, 1895. Ord. 2908. Robinson, James, 488 Chestnut street. April 6, 1888. Ord. 4152. Rabe, Wm., Common and Liberty streets, Decem- ber ] , 1889. Ord. 5011. Ray, Alex., 42 Liberty street, January 9, 1891. Ord. 6301. Ray & Boutte, blacksmiths, 413 Claiborne street, April 23, 1892. Ord. 6816. Rolling, H. portable forge, 250 Carondelet street, October 12, 1892. Ord. 6946. Rosetta Gravel Paving and Improvement Company, blacksmiths and wheelwrights, St. Patrick and Delachaise streets, November 23, 1892. \ Ord. 8491. Rolla, John, blacksmith and forge, Valence, between Camp and Magazine streets, December 22, 1893. Ord. 8880. Ray, Alex., blacksmith and forge, Talane avenue, between Lopez and Gravier streets, March 22, 1894. Ord. 11,634. Rolle & Wentz, blacksmiths and forge, Broad, be- tween Ursulines and St. Philip streets, No- vember 26, 1895. Ord. 5511. Schultz, Louis, forge, 241 South Rampart street, Au- gust 6, 1891. Ord. 8105. St. Charles & Smith, blacksmiths and forge, 125 N. Peters street, December 5, 1893. FUNERALS. 365 Ord. 8488. Southern Exhaust and Blowpipe Company, black- smiths and forge. 149 S. Peters street, Decem- ber 21, 1893. Ord. 9441. St. Charles, Felix, blacksmith and forge, removed to 70 N. Peters street. July 13, 1894. Ord. 5689. Tiblier, Felix, blacksmith, 146-148 Toulouse street, April 9. 1891. Ord. 6541. Timpe, Chas., blacksmith and forge, Dryades, be- tween Jackson and Philip streets, July 27, 1892. Ord. 6682. Theresa, Chas., horseshoer, L rsulines and Claiborne streets, September 9, 1892. Ord. 67Si. Tejan, Alex., blacksmith, forge and wheelwright. Fourth and Jackson streets, October 6, 1892. Ord. 10.227. Thiel, Wm., blacksmith and forge, Miro street and Tulane avenue, January 24, 1895. Ord. 6540. Yoght. Chas., blacksmith and forge, 33, 35. 37 Tha- lia street, July 28, 1892. Ord. 4207. Will & Liverniore', Franklin, between Girod and Xotre Dame streets, January 9, 1890. Ord. 6206. Wayburn, Frank, blacksmith, Common and Liberty streets, April 7, 1892. Ord. 6888. Willie, Bros., portable forge, 217 Erato street, No- vember 3, 1892. Ord. 10,226. Wilson, A. M., blacksmith and forge. Broad, be- tween Washington street and Bayou road, Jan- uary 24, 1895. Ord 11,039. Weston. H. Lumber Company, forge, Carrollton avenue and X. Basin street. FUNERALS. Art. 766. That all owners or drivers of any carriage, Drivers ta cab or other conveyance, unless unavoidably delayed by oru. No."io,86i accident or street blockade, shall, after taking their place June u, 1895. or places in a funeral procession, be compelled to remain in line after having been once assigned to position, until they shall have reached a point within not exceeding two hundred yards of church or cemetery. Art. 767. That any owner or driver of a carriage, cab Penalty. or other conveyance, who shall violate any of the pro- visions of this ordinance shall be liable to arrest and upon conviction be fined for each carriage, cab or other conveyance, a sum not less than ten dollars or a term of imprisonment in the parish jail not exceeding fifteen days. 366 GAS COMPANIES. GAS COMPANIES. See Lights. adSt"<:P'*""'^*' Art. 768. That the compromise with the Jefferson ^ord. No. 6004 Q-as Light Company, recommended by the Committees Feb. 2, 1892. Qjj Finance and Fire and Lighting of the City Council of the city of New Orleans, in joint session on the , be and the same is hereby approved and adopted ; and Compensation, accordingly that — said company shall be paid annually until the expiration of its charter, on the 9th day of March, 1899, thirty thousand dollars ($30,000) for sup- plying and lighting (in conformity to the terms and conditions embodied in the Act 96 of 1869 of the Louisiana Legislature) the 858 street gas lamps now erected in the Sixth and Seventh Districts of the city of New Orleans said amount to be paid said company in equal instalments at the end of each and every month ; provided, said company shall enter into contract with the city of New Orleans before a city notary, wherein and whereby said company shall bind and obligate itself as follows, viz : Lamps moved. 1. To move cach year not more than thirty of said street lamps from one location to another on the exist- ing or future mains of said company as the City Council may direct. ti^e Vii^lults" ^' "^^ discontinue any and all suits now pending lb- wherein any claims for lighting any of said 858 lamps is asserted or urged, and to relinquish any and all claims for unpaid balances for lighting any of said lamps up to date. w a i V e r of 3. To- agree in no event to resort to the means author- 5er Tx^i s t i n"g izcd by existing laws to enforce payment of any amounts lb. that may become due by said city to said company, ex- cept to the extent of thirty thousand dollars ($30,000) per annum from January 1, 1891, for supplying and lighting the 858 lamps now erected, and for supplying and lighting any new lights that may be erected under ^ ' this ordinance at the rate of $35 per lamp per annum. That this ordinance take effect from and after its pas- sage. GAS COMPANIES. 367 Act Xo. 97 of 1S70. To incorporate the Crescent City Gas Light Company. Section 1. Be it enacted by the Senate and House of Hepresenta- tives of the State of Louisiana, in General Assembly convened, That Joseph H. Oglesby. William Creevy, Francis J. Herron, F. W. Perkins, S. D. McPherson, George F. Sherman, W. B. Cornell, W. Hawksworth and their present and future associates, suc- cessors and assigns, be and they are hereby constituted and de- clared to be, from and after the passage of this act, a body corporate and public, in fact and in name, by the style and title of the Crescent City Gas Light Company, and by that name they and their successors shall and may have continued succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever; and that they and their successors may have a com- mon seal, and may change and alter the same at pleasure, and also that they and their successors by the same name and style shall be in law capable of holding, purchasing and conveying any estate, real or personal, for the use of said corporation; provided, that the lands, tenements and hereditaments which it shall be lawful for said corporation to hold shall, be only such as shall be requisite for its immediate accommodation in relation to the convenient transaction of its business and the properly carry- ing on and conducting of its works, or such as shall have been mortgaged to it in satisfaction of debts contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts. ♦ ♦»***»♦♦ Sec. 8. Be it further enacted, etc., That the Crescent City Gas Light Company, their successors and assigns, shall have and be entitled to the sole and exclusive privilege of making and vend- ing gas lights in the city of Xew Orleans, to such persons or bodies corporate who may voluntarily choose to contract for the same, for the term of fifty years from and after the date of the expiration of the charter of the Xew Orleans Gas Light Company. Sec. 9. Be it furttier enacted, etc.. That to carry the foregoing section into effect, they shall be authorized, at any time after the passage of this act, to lay pipes or conduits at the expense of the company, in any of the streets or alleys of said city of New Or- leans, where th*» same may be required, in such manner as may produce the least inconvenience to the city or its inhabitants; and provided also, that the company shall afterward repair with the least possible delay the streets they have broken. Sec, 10. Be it further enacted, etc.. That if any person or per- sons shall, by any means whatever, destroy any part of the gas pipes constructed or owned by the said company, or any of their 3^8 GAS COMPANIES. works, buildings, fixtures or machines, such person or persons shall each of them be liable for all the damages occasioned thereby. Sec, 11. Be it ftirther enacted, etc.. That the Crescent City Gas Light Company is authorized and empowered to manufacture gas from any and all material suitable for such purpose, and shall have power to purchase and use any patent or patents, or the right to the same for the manufacture of such gas lights. Sec. 12. Beit further enacted, etc., That the works of said company must be complete and in condition to supply the proper amount of gas required for the city of Xew Orleans within ten years from and after the date of the passage of this charter; and in case of failure, the charter to be null and void. Sec. 13. Beit ftirther enacted, etc.. That all acts and parts of acts heretofore passed conflicting in any manner with the pro- visions of this act of incorporation are hereby repealed. Act 106 OF 1873. To amend and re-enact an act entitled an act to incorporate the Crescent City Gas Light Company, approved April 10, 1870, and to fix with more precision the time when said company shall go into operation, and to authorize said companj^ to issue mortgage bonds, to change the time for election of directors and to limit the price to be charged for gas. Decisions. Crescent City Gas Light Company vs. New Orleans Gas T;ight Company, 27 An. 138; N. O. G. L. Co. vs. La. Light Co., 115 N. S. 650; Oglesby vs. Attrill, 105 N. S. 605. (In this case the whole question between the Crescent City Gas Light Co. and the New Orleans Gas Light Co., is thoroughly discussed.) Jefferson Gas Light Company. Extract from Minutes City Council, City of Carrollton. Carrollton, Jan. 11, 1871. Whereas, Under an act of the Legislature of the State, ap- proved March 9, 1869, the Jefferson Gas Light Company is given the exclusive privilege of supplying gas light in the territorial limits of the city of Carrollton; and whereas, the said Gas L ght Company now proposes to lay pipes and introduce gas in the city under certain conditions ; therefore Section 1. Be it ordained by the Mayor and Council of Car- rollton, That the provisions of said act of Legislature are hereby accepted and approved as therein mentioned, under the terms and further conditions hereinafter mentioned. Sec. 2. Beit further ordained, etc., That the Mayor be and is hereby authorized to enter into a contract by public act with the said Jefferson City Gas Light Company, as follows : ■ The said Jefferson City Gas Light Company shall, within six months from the date of contract, or as soon as can be laid, an GAS COMPANIES. 369 eight-inch gas main from the lower line of the city of Carrollton, up St. Charles street to the Carrollton Railroad depot on one side of said street, and a three-inch gas main from lower line up the other side of St. Charles street to Canal avenue, and up Levee street from the aforesaid depot to the upper line of the city of Carrollton. with the necessary branches, drip boxes, etc., and as soon as practicable shall lay branch mains, pipes, etc., out Canal avenue, Dublin, Washington and the other principal streets, in order to light the said streets and supply the citizens with gas light. Also, the said company shall provide and erect the necessary lamp posts along the said line. That in consideration of the foregoing, that the city of Carroll- ton, through its Mayor, shall provide an issue of forty-five one thousand dollar bonds of the city of Carrollton, payable in thirty years, with interest at 8 per cent., payable semi-annually to the order of said Gas Light Company, which bonds shall be dated and delivered to the said Gas Light Company when the pipes, mains, etc., are laid and the lamp posts erected along the line of St. Charles street, and Levee street, from Lowerline street to LTpperline street, and the gas turned on for use ; provided, the said company shall guarantee the said bonds, and assume the payment of principal thereof at maturity; and provided, further, if at ma- turity the said company shall fail to pay said bonds, then the said city shall pay the same and become the owner of all the gas works, mains, pipes, posts, etc., then lying and being within the present limits of Carrollton. That the Treasurer of the city of Carrollton shall specially ap- propriate and set aside in lawful money, every month, such amount and proportion of the taxes and dues of said city as shall be necessary to meet the interest on said bonds and such gas bills as may accrue against the said city, and that the Mayor in said act shall be authorized to make such other agreements, not in- consistent herewith, as may be necessary to carry out the pur- poses of this ordinance and make the said contract legal and con- clusive on both parties thereto. Sec. 3. Be it further ordained^ etc., That this ordinance shall take effect from and after its passage. GRAIN ELEVATORS— See Wharves and Landings. GAME — See Animals, Birds and Fishes. GAMBLING — See Offences. 370 GARBAGE. GARBAGE. See Streets, Health. Comptroller Art. 769. That the Comptroller be and he is hereby i m p roved directed to advertise for ten days, according to law, for ^^ord. No. 7860 sealed proposals for the collection, removing and dis- Aug, I, 1893. posing of all garbage from private residences, business places, streets and alleys, and all public places within the limits of the city of New Orleans, as described in garbage districts hereinafter enumerated, for twenty years, by some improved system, similar to those now in use in other cities of the United States. Every bidder making proposals under this ordinance shall state the price per annum, divided into four periods of five years each, at which he is willing to contract therefor, under the terms of this ordinance. All bids received by the Comptroller shall be reported to the City Council. The City Council shall award the contract to the bid- der whose price is most satisfactory to them, but this award shall not be final until the successful bidder ha& presented a system of disposing of refuse vegetable and animal matter, including dead animals, in a manner which is scientific and sanitary, disposing of whatever is injurious to health and discomforting to the human race, at the same time preserving whatever is valuable in the material aforesaid. The City Council reserving the right to reject any and all bids. Deposit. '^^'^' ^^^- (^) "^^^^ ^^^^ bidder prior to submitting ^^- his bid shall deposit with the Treasurer the sum or twenty-five thousand ($25,000) dollars in United States currency, shall file a receipt therefor with the Comp- troller as evidence of his qualification to bid. This de- posit is required as an earnest of good faith upon the part of all the bidders, and all deposits shall be re- turned to all unsuccessful bidders immediately after the final award by the Council and the deposit of the successful bidder shall be retained by the Comptroller until the notarial contract herein provided for is signed, and said deposit shall be forfeited to the city GARBAGE. 371 of New Orleans, in case said adjudicatee shall fail to enter into said contract and furnish the necessary bond. When said contract is signed and bond given, the de- posit shall be returned to the adjudicatee. Art. 771. (3) That the city of New Orleans, for the Districts. ^^ purpose of collecting and disposing of all garbage, shall be divided into seventeen districts, to be known as Garbage Districts, which districts will be known as follows, to- wit: First — Thalia to Felicity Road, river to Claiborne. Second — Thalia to Julia, river to Claiborne. Third — Julia to Canal, river to White. Fourth — Canal to St. Louis, river to White. Fifth — St. Louis to St. Philip, river to Broad. Sixth — St. Philip to Esplanade, river to Hagan avenue. Seventh — Esplanade to Elysian Fields, river to Broad. Eighth — Elysian Fields to Enghien, river to Clai borne. Ninth — Enghien to Louisa, river to Claiborne, Louisa to Poland, river to St. Claude. Tenth — Felicity Road to First, river to Claiborne. Eleventh — First to Toledano, river to Claiborne. Twelfth — Toledano to Napoleon avenue, river to Dryades. Thirteenth — Napoleon avenue to Peters avenue, river to Dryades. Fourtesnth — Peters avenue to Lowerline street, river to Carondelet. Fifteenth — Jackson to river, Atlantic avenue to Powder. Sixteenth — Lowerline street to Carrollton avenue, river to Seventh. Seventeenth — Carrollton aveune to Upperline street, river to Seventh. The above territory shall comprise the limits of the garbage districts of the city of New Orleans, and the provisions of this ordinance shall apply to same, except as to dead animals, which shall be removed by the con- Unlawful mix. 372 GARBAGE. tractor from places wherever dairies or stables are- located, outside of said limits. Garbage de- Art. 772. (4) That the word ' 'garbage," as used lb. ill this ordinance, shall be construed to mean house and kitchen offal, and all refuse matter not exere-. mental, whether solid or liquid, and composed of ani- mals and vegetable substances, including dead ani- mals coming from public or private premises of the city, and not destined for consumption as food. No *° ashes, dirt, or other substance foreign to garbage shall be covered by this contract, except as hereinafter provided, and it shall be unlawful for any occupant or occu- pants of any premises in the city of New Orleans to Penalty. mix any such ashes, dirt, or other substances foreign to garbage, with the garbage to be removed from said premises as herein provided, under a penalty of not less than five nor more than twenty-five dollars fine for each offence, or imprisonment for not more than thirty days. Notice tooc- Art. 773. (5) That the contractor shall by proper lb. notice in writing, issued to occupants of premises in the several garbage districts, inform the occupant or occupants of such premises of the hours when garb- age will be removed from said premises, and it will be the duty of such occupant or occupants of such premises to have all garbage ready for removal there- ena ty. from at the hours so designated by the contractor for snch premises, under a penalty of not less than ten dol- lars fine or imprisonment for not more than ten days . for each offence. Duty of con- Art. 774. (6) That it shall be the duty of the con- tractors. ^^ tractor to collect and remove from all private residences, business places, streets and alleys, and all public places within the limits of the garbage districts aforesaid, all slops, offal, garbage, dead animals, in suitable vehicles or carts, and other animal and vegetable matter in en- closed water-tight metallic vehicles or carts, so that no drippings or refuse can be dropped on the streets, alleys or public places in the city, to a certain point or points, to be approved by the City Council, where the said con- lb. GARBAGE. 373 tractors shall have erected on land owned or leased by him, a first-class plant, including the necessary build- ings and machinery for the destruction by fire, or the reduction and conversion of said material so removed into merchantable products. Said plant shall have a capacity sufficient and ample to promptly and daily dis- pose of all material so to be removed and collected by said contractor in the garbage districts of the city of New Orleans as aforesaid. The vehicles or carts above referred to shall each be provided with a gong of suffic- , lent size to be plainly heard by the occupant or occu- pants of the premises, and said gong shall be rung on the approach of such vehicle or cart as notice to the oc- cupants of the approach thereof. Art. 775. (7) That it shall also be the duty of the street piling contractor to remove from within the said garbage dis- tricts^ all street pilings collected by the Public Works Department from gutters, ashes, house and ordinary street sweepings, but he shall not be required to remove debris from buildings in course of demolition, repair or construction, or any other refuse except that enumerated in this ordinance. Art. 776. (8) That the contractor shall, by proper occupants of ...-,, a ... premises to be notice in writing, issued to occupants of premises m the informed oi the ... 1 ■ n 1 hours of coUec- several garbage districts named, miorm the occupant ortion. occupants of such premises of the hours when said ashes and house sweepings will be collected and removed, and it shall be the duty of such occupant or occupants to have such house sweepings and ashes placed in a box or barrel at some convenient point for the contractor and ready for removal at the hour designated by him, under a penalty for each omission of not more than ten dollars fine or imprisonment for not more than ten days. Art. 777. (9) That the Commissioner of Public Duty of com- Works shall notify the contractor in writinar of all Pu'bilc" works. ,, . A ■^• t--!, J n Ord. No. 11,501, street sweepings and pilings which are ready for re- c. s. moval, and it shall be the duty of the contractor, with- '^ • "' ' in twelve working hours after such notice (unless pre- vented by bad weather) to remove all such sweepings and pilings so designated, under forfeit of ten dollars 374 GARBAGE. for every twelve working hours he fails to remove said designated pilings, said forfeit to be deducted monthly from the amount due the contractor, in the manner herein provided for similar deductions as to garbage, in section 13 of this ordinance as now amended. Inspection and Art. 778. (10) That the said works and plant shall, ord. No. 7S60 at all times, be subject to the inspection and super- vision of the Board of Health of the State of Louisi- ana, and said board shall have supervision of the means and men employed in the collection, removal and disposition of said garbage, and if at any time the said collection and removal shall be improperly done or not conducted in a sanitary manner, through fault of said employees, said employee or employees shall, on demand of said Board of Health, be dis- charged by said contractor, and reliable and compe- tent men put in their places. To collect ^^'^- ^^^- (^^) "^^^^ ^^^ ^^^^ contractor shall collect •^^•'y- lb. ^11 dead animals daily and all slops, garbage, offal and animal and vegetable matter in the city of New Orleans daily, from all private premises, public grounds, market places, restaurants, hospitals, slaughterhouses and all other places where animals, fowls or game are killed within the aforementioned garbage district. City to be Art. 780. (12) That the said contractor shall hold protected. ^^ ^^^ ^^^^ ^^ ]2) nine and one-half per centum, and water not more than (87) eighty-seven per centum. Art. 825. That anv milk falling below the test above , Adulteration ^ denned. prescribed, or any milk from which the cream has been i^'- removed, or to which water, foreign fat^, coloring mat- ter, or any other foreign or extraneous substance has been added, shall be considered as adulterated under said ordinance. Art. 826. That every vendor or establishment, or, sam iei., and from the sixteenth of October to the fourteenth of March, inclusive, such deposits shall be made not earlier than 3 o'clock a. m., nor later than 8 o'clock a. m., and the receptacles as above shall not be left on the ban- quettes later than 9 :30 a. m, throughout the j^ear. All persons who are obligated by law or contract to re- move or cause to be removed, all such matters, sub- stances or things, shall attend to these duties before the hour of 9 o'clock a. m. on each day of the year. Administrator Art. 841. Thc Administrator of Police shall, upon cause removal complaiut of the Board of Health, remove or cause to be of all offensive ^ ^ „ , «. • matter. rcmoved any foul or offensive matters whatever, to such place or places as may be selected by said board, at the expense of the owner of said matter, or the occupant or owner of the premises where the same may be. Cleanliness Art. 842. All slaughtcrhouses, dairies, stables and houses, stable?, other placcs whcre animals are kept for any purpose lb. whatever, shall be kept clean and wholesome by re- moval of all ordure, urine and other offensive matters, and by suitable cleansing as often as may be necessary. Obstructing Art. 843. No pcrsou shall impede or obstruct the wat*er. " '' ° flow of watcr in any gutter, canal, pipe or other conduit used for draining within the limits of New Orleans. Unlawful to Art. 844. That it shall be a misdemeanor for any make excava- .. j^- j^ i t i o n s , etc., person or persons, corporation or corporations, to make periofs. *^^"'^'" any excavation in the soil, grade or open any street, dig c. s' ■ °* ^^"^ out or clean out any canal, within the limits of the city of 9, i8 s- j^g^ Orleans, from the 1st day of May until the 15th day of October of each year, unless permission shall have been obtained by the Board of Health for such ex- cavation, grading or digging. Shall not ap- Art. 845. This act shall not apply to excavations ■cases? *^*"''^'" necessarily made to secure proper foundations for build- ■ ings to be erected, provided the contractor or owners of HEALTH AND QUARANTINE. 391 such building, separately or conjointly, shall cause to be used such disinfectants and in such quantities over and about the excavated material as the Board of Health may direct. A.RT. 846. Any person or persons violating any of Penalty. the provisions of this ordinance shall be fined a sum not less than $10 or be imprisoned a period of not less than ten days, or both, at the discretion of the court having competent jurisdiction. Art. 847. No person shall deposit or dump manure, Dumpinpr of offal or other foul and offensive matters on any lots, en- ord. No. 6322 A. S closure, open areas or streets ; provided, that the City Council shall designate certain localities to be used as dumping grounds for such matters, or direct such mat- ters to be burned, when practicable. Art. 848. No person shall build upon any lot or por- BuiinmK lois tion of ground in the city of New Orleans without first juw, iss.'. having obtained from the City Surveyor a certificate stating that said lot or portion of ground is filled to a grade established by him, which grade shall be from an established curb one-half an inch for every foot in width of banquette, front edge of lot or portion of ground two inches higher than inner edge of banquette and surface of a lot or portion of ground gradually ascending in grade three-quarters of an inch to every ten feet to the rear. Art. 849. All persons, owners, agents, contractors, Permits to before commencing to build, shall be required to obtain " ' ib. from the Board of Health permits, which shall be given only upon the presentation of the herein mentioned cer- tificate from the City Surveyor. Art. 850. Allbuildings erected, and those whose super- House suk^ structure or frames are repaired after this date, shall not have the lower surfaces of their sills less than three feet from the surface of the ground, and a healthy sup- water supp^ig. ply of water of not less than five hundred gallons per room of building, compliance to which shall be known by certificate from the City Surveyor. Art. 851. The Board of Health may, in its discretion, for the protection of life and health, declare any struct- 392 HEALTH AND QUARANTINE. be^decfi?e^cfun°^^® ^^ place Unhealthy, and may order such structure inhabitable, or placc forthwith to be vacated and closed : and the June, 1879. ^ ' A. S.6022. same shall not again be occupied until it shall appear to have been so cleansed or repaired as to be fit for human habitation, and permission shall have been granted ac- cordingly by the Board of Health. Water supply. Art, 852. All owucrs and agcuts of dwelling houses shall provide that the same be amply supplied with hydrant water, or with a cistern or cisterns having a suit- able capacity, except in cases where a supply of river water is easily accessible, coveis t o r Art. 853. All owucrs of premises and cistern builders, lb. in the erection of cisterns for drinking and culinary pur- poses, shall provide suitable covers for said cisterns, so as to exclude dust and other matters suspended in the atmosphere. Committing Art. 854. No pcrson shall commit a nuisance in any nuisances. public strcct, squarc or other place whereby the purity of the atmosphere is liable to suffer. Throwing in Art. 855. No pcrsou shall hereafter deposit or throw ^ ^^^^'' lb. any dead animal, carrion or other offensive or unhealthy matter into the river, except at the points and in the manner designated by law. Fees for per- Art. 856. The fccs for permits issued bv the Board of ^^- Health shall be as follows : Building permits, twenty- five cents each ; permit for opening a cemetery vault, twenty-five cents ; permit for bringing a corpse into the city, twenty-five cents ; permit for the removal of a corpse from the city, twenty-five cents ; permit for emptying a privy vault, twenty-five cents. , . Art. 857. All citizens are hereby authorized to lodge Complaints. "^ ° ^^- complaints at the office of the Board of Health, or with the Sanitary Inspectors, or with the sanitary police offi- cers, of any violation of this ordinance ; and in order to facilitate such complaints, books of complaint shall be kept at the office of the Board of Health, and at the office of each Sanitary Inspector, and said books shall be at all times open for entering therein any complaint or wrong. Art. 858. No person shall wilfully obstruct, hinder or HEALTH AND QUARANTINE. 393 resist any officer or person, duly authorized by the Board ^^^|/Jst'"s of Health, in the execution or enforcement of any sani- ;jv""|; ^oJ2.' tary ordinance or order of said board, or in entering into or upon any premises for the purpose of examining the same. Art. 859. The penalty for each violation of any sec- Penalty r •' ^ July, ibSi. tion or portion of this ordinance shall be a fine of not a. s. 720s. less than twenty-five dollars, and five dollars for each day subsequent to the third day of notification of vio- lation, until in strict accord with this ordinance; said fines shall be inflicted and collected by the Recorder, justice of the peace or police magistrate of the district wherein any such violation has been committed, and it shall be the duty of the police authorities, the City Sur- veyor and Board of Health, to place all such violations before the recorders, justices of the peace or police magistrates aforesaid. Art. 860. That no person shall sell or offer for sale Adulterated in the city limits any article of food and sustenance, °'^^iu^nelX.°^* knowing the same to be adulterated, tainted, stale, or ^■'^•^szi- in a condition of decomposition or unfit for human food. Art. 861. That to prevent meat being sold in an un- ^^ ^ J^J'^^p^'^tion healthy condition, no person or persons, or corporation, ^^' shall slaughter for human food and offer for sale in this city, until previously inspected, any cattle, hogs or sheep. Art. 862. That no person or persons, railways, steam- Landing of ships, steamboats, water and other craft, or common ^ ib! carriers, shall discharge or land at any of the depots, wharves or landings within the city any cattle, swine or sheep, forwarded through them or shipped on their ac- count, when the same is known to be in a diseased con- dition. Art. 863. That any persons or corporation, violating Penalty. any of the provisions of this ordinance, shall be fined for the first offence not les- than fifteen dollars and im- prisonment at the discretion of the Recorder not more than ten days, and for the second and subsequent offences not more than $25, and imprisonment not over thirty days. 394 HEALTH AND QUARANTINE. Dead animals Art. 864. Aiiv Dersoii who shall hereafter throw dead in the river. -^ ^ n"s 2^^' animals, carrion, ordure or other offensive or injurious matter into the river above the waterworks shall be sub- ject to a fine of not less than ten nor more than one hundred dollars. Stagnant Art. 865. No pcrsou shall suffer stagnant water to Jan.' 1867. 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 off into the streets, and not on the adjacent lots, shall be fined in the sums hereinafter mentioned. Filling lots Art. 866. It shall be unlawful to fill up, or partly fill ^c. *" 'up, any lot with manure or other offensive or deleterious lb. ^' -^ matter. Penalty. Art. 867. Any person or persons committing any of ■ the offences, or violating any of the provisions herein- before named, 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. Hours of Art. 868. That from and after the first day of May *^ oJdf *No. 6327 to the first day of October all stalls or stands where Juke 15, isso. fresh crabs or shrimps are sold in various markets of this city be required to be closed by 10 o'clock a. m. each and every day. Peddiingpro- Art. 869. That the selling of fresh fish, crabs or 'ord No. 416S shrimps, by peddlers on the streets, be and is hereby Dec. 17, 1889. prohibited and made unlawful. Penalty. Art. 870. That whoever shall violate the provisions -c^i^ ^°- 4952 of this ordinance shall be subject to a fine not to exceed Dec. 16 1S90. twenty-five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or impris- onment in said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the of- fence is committed; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days. Art. 871. That from and after the passage of this HEALTH AND QUARANTINE. 395 resohition it will be unlawful for any person or persons The use of to keep for sale in any close building occupied in part as a building occu- dwelling place, fish, fruit, vegetables or fowls ; and ita dwelling shall be the duty of the Commissioner of Police and s a i e of fish. Public Buildings to cause all such articles to be removed bie"' or^'fowu, to a public or private market, by the owner or owners '^ ord.'No! 785, thereof, within twenty-four hours after notification juw zz, 18S4. served upon the keeper of any such establishment, by the said commissioner through his proper officer. Any person violating the provisions of this ordinance shall, upon conviction, be subject to a fine of not more than twenty-five dollars for each and every offence, and in default of payment, to imprisonment in the parish ^"* ^' prison for a period of not over thirty days. Said fine or imprisonment to be enforced by any court of compe- tent jurisdiction within the corporate limits of the city of New Orleans. Art. 872. That from and after the passage of this Blowing meat ordinance, it shall be unlawful to blow any veal or mut- beiiows un- ton, except by means of a bellows. Art. 873. That the blowing of any animal over (15) Blowing of fifteen months old is hereby prohibited, as also the over fifteen . oi 1 ^• . months old, sale or offermg for sale in any of the public or private and s a u- of • 1 1 1 • m e a t of any markets the meat of any animal that at the time or animainotfour weeks old, pro- slaughter was not four weeks old. hibited. Art. 874. That whoever shall violate the provisions c. s. ' of this ordinance shall be subject to a fine not to exceed "^' twenty-five dollars or imprisoned in the parish prison for a terra not to exceed thirty days, or both, or im- Penalty, prisoned in the said parish prison for a term not to ex- c. s. ' ceed thirty days in default of payment of the fine, to be ' ' ' ''°' imposed by the Recorder of the district wherein the offence is committed, provided, that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days. Art. 875. That no parent, tutor or custodian of any contagious child or minor (having power and authority to prevent) shall permit any such child or minor to be unnecessarily etc '"^''"|' " °'^' exposed, or to needlessly expose any such minor or child c. s. ' °' ^^'^ to the taking or to the infection of any contagious ^ • ' ■ ' disease. 396 HEALTH AND QUARANTINE. sol^itM^con. ^i^T. 876. (2) That no householder, whether the l^sf p °ohibhed owner of the premises, or any part thereof, or possessor ^•^•or occupant thereof, by lease or otherwise, shall allow or permit, contrary to the order of the Board of Health of the State of Louisiana, any person or persons to visit any person who may be sick or confined on said prem- ises with any infectious or contagious disease, saving and excepting such person or persons as may be actually and absolutely necessary and essential to the "proper car^ and attention of said sick person or persons. Clothing, ^RT. 877. (3) That every householder occupying linen, etc. ^^ premiscs Or any portion thereof, either as owner or pos- sessor, or occupant, under lease or otherwise, shall obey and conform to all instructions and orders of the Board of Health of the State of Louisiana relative to the disposition of the clothing, linen, expectorations or de- fecations of persons confined on said premises with in- fectious or contagious diseases, as well as those relating to the treatment of the sick room and the sick-room utensils in which said person may have been confined with contagious or infectious disease ; and it shall be the duty of the attending physician in each and every case to notify the said householder or person having charge of said room of said rules and regulations. P"°J|^.f^unerais ^RT. 878. (4) That thcrc shall not be a public or chufch funeral of any person who has died of any con- tagious or infectious disease, but the funeral of such person shall be private ; and it shall not be lawful to in- vite or permit at the funeral of any person who has died of any infectious or contagious or pestilential disease, or at any services connected therewith, any person whose presence is not absolutely and essentially necessary, or to whom there is danger of contagion thereby. drhrerTo^t cTr*^ ^^'^- ^^^- (^) "^^^^ ^^ owucr, drivcr, agent or other "^^^^' lb person having, owning or being in charge of any car- riage, cab, hack, cart, wagon or other conveyance or vehicle shall permit or allow the placing therein, or the carriage thereby of the corpse or dead body of any per- son or persons who have died of contagious, infectious or pestilential diseases, provided that this section shall not apply to hearses. HEALTH AND QUARANTINE. 397 Art. 880. (6) That every principal, teacher or assist- Teachers, etc. ant teacher of any and every private or public school, on observing that any child or children, pupils of said school, present symptoms of any contagious, infectious, or pestilential disease, shall send said child or pupil to said pupil's or child's domicile and residence, with in- structions to the parent or parents, tutor, guardian or other person in charge of said pupil, child or children, to have the said pupil or child, or pupils or children, ■examined by the family physician, and said instructions shall be in writing, and in no case shall said child or children, pupil or pupils, so sent home be allowed to at- tend said school thereafter until there^ shall be produced and filed with said principal, teacher or assistant teacher a certificate from a licensed physician that said child or children, pupil or pupils, are, not suffering from any contagious, infectious or pestilential diseases. Art. 881. That no principal, teacher or assistant , Attending ^ ^ ' schools. teacher, shall permit or allow any child, children, pupil ib. or pupils, to attend school from any house in which con- tagious, infectious or pestilential diseases may prevail at the time, or may have prevailed antecedent thereto, until such time as all danger of infection shall have passed. Art. 882. That the phrase and words " infectious, infectious, contagious and contagious or pestilential diseases," used in this ordi- pest.ienti;.! dis- . eases defined. nance, shall be held and construed to include and mean ib. all. such sickness, affections, or diseases or phases thereof of an infectious, contagious or pestilential nature (more especially, referring to cholera, yellow fever, small-pox, diphtheria, ship or typhus, spotted, relapsing and scar- let fevers), and also including any new disease of any infectious, contagious or pestilential nature, and also any other disease publicly declared by the Board of Health of the State of Louisiana dangerous to the public health, and of a contagious, infectious or pesti- lential nature or character. Art. 883. (9) That no person shall retain, expose or ^^^^ bodies. allow to be retained or exposed, the dead body of any ^''• human being to the peril or prejudice of the life or health of any person. 398 HEALTH AND QUARANTINE. To be inter- ^jjrp 884. (10) That all dead bodies shall be interred red within 24 ^ ' hours. ^^ within twenty-four hours after death during the summer, and thirty-six hours during the winter months, unless permission is obtained in special cases from the Board of Health to withhold them from burial for a longer period. In the case of death from a contagious or in- fectious disease, the Board of Health shall be empow- ered to require and enforce the earlier burial of the corpse. Penalty. Art. 885. (11) That any person or persons violating ' any provision of this ordinance, or failing to comply with any provision thereof, shall be fined a penalty of not more than twenty-five dollars for each and every offence, or in default of payment thereof shall be im- prisoned in the parish prison not exceeding ten days, at the discretion of the Recorder before whom such case may be tried. Product of Art. 886. That none of the products of rendering any dead a"»na's. pg^pg^gg^ spccificd iu sectioH 1 of tMs Ordinance, shall be ^o^d. No. 7241 employed or utilized for purposes of human food, and Aug.issf. that all grease and other products, except such as are manufactured as fertilizers, rendered or manufactured, or packed for use or transportation to or from market in the city of New Orleans or elsewhere, shall be branded on each and every package with a burning brand, as fol- lows: ' 'Product of Dead Animals, New Orleans." Any violation of the provisions of this section shall, ipso facto, cancel the license granted, as provided in section 2 -of this ordinance, and operate as a forfeiture of the bond given as herein provided, the amount of such bond be- ing hereby fixed as a penalty in the nature of liquidated damages to ensure compliance with the provisions of this section. Proprietors Art. 887. That it shall be the duty of each and every mo^ai'^orde'Id proprietor of any of the above named animals, or per- ib. sons having such animals in his custody or under his control within three hours after the death of such ani- mal, to cause the same to be removed to some licensed place of rendering, or within the same time to notify the nearest police sanitary officer of the whereabouts of said HEALTH AND QUARANTINE. 399 carcass, and permit the same to be removed by the li- censed person notified as provided in this ordinance, without delay or hindrance, on due application for that purpose by the licensee, his agents or servants. Art. 888, That whoever shall violate the provisions Penalty. of this ordinance, shall be subject to a fine not to exceed c.'s.'^' ^^^^ twenty-five dollars or imprisoned in the parish prison for ^^'^' '^' '^^°' a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprison- ment more than thirty days. Art. 889. That any person or persons conveying or Removal of carrying in any manner, any dead animal or animals '^ord.No!"^'!*? through the streets of this city, shall, and it is hereby *^"oct. 30,1894. made it their duty, to convey the same in vehicles or wagons suitable for the purpose, and covered so as to shut out from view all sight of the carcass of the dead animal or animals aforesaid ; and any person or persons violating the provisions of this ordinance shall be pun- ished by a fine of not less than five dollars nor more than ^^"*^*y- twenty-five, or imprisonment in the parish prison or city workhouse for a period of not less than ten days nor more than thirty. Art. 890. This ordinance shall take effect thirty days Take effect from and after its passage. Art. 891. The Coroner or Coroners, or his or their coroners and deputies, masters of any water-craft, boarding orutton''ers to'^'^e- lodging-house keepers, principals or masters of ^X's. 4916. any boarding school or seminary, and all practitioners of medicine, surgaons, obstetricians or physicians, apothe- caries, chemists, druggists, midwives and all persons who use or pretend to use medical, obstetrical or surgi- cal means for the treatment of disease, disorder or lesion, are hereby required, each, any, or all of them, as the case may be, to report to the Board of Health of the State of Louisiana all cases of contagious, infectious, epidemological diseases, especially cholera, yellow fever,. lb. Feb., 1879. N. .-. ^35- ^^ Aui^ust, 1S66. 400 HEALTH AND QUARANTINE. trichiniasis, typhus or ship fever, small-pox, diphtheria or any of the grade of such diseases, or any others that may be specified by the Board of Health, or may be generally adjudged contagious or infectious, within twenty-four hours after the same may come under their treatment, cognizance or supervision. And the penalty for offending against this section, or any portion there- of , shall not be less than twenty-five dollars for each and every offence, and in default of payment thereof, the offender shall suffer imprisonment not to exceed thirty days. Toprevent Art. 892. That any parent, guardian, tutor or other contal^o^us dis- person haviug charge or control of any child or chil- dren! ^ *^ ' ■ dren, who shall allow or permit any such child or chil- c. sV °' "dren to go from any house or building infected with Jan. 23, 1 .3.^^ j^^.^^ scarlet or yellow fever, diphtheria, cholera, small-pox or other contagious or infe tious disease, to attend any public or private school or any place of amuse- penaity. mcut, or to travel in any street car or public vehicle, shall be punished by a fine of five dollars, or in default of payment thereof, by five- days' imprisonment in the parish prison, on conviction thereof before any Recorder or public magistrate. Diseases to Art. 893. All practitioucrs of medicine, masters of whom °'^^^'^ * ''^ ^^y water-craft, hotel, boarding or lodging house ^o^d. No.6o32;^ggpgj.g^ principals or masters of any public school, the June, 1879. chief officers or persons in charge of any public institu- tion of charity or of punishment, and heads of fami- lies are hereby required to report, within twenty-four hours, to the office of the Board of Health, all cases within their cognizance of Asiatic cholera, leprosy, yellow fever, typhus or ship fever, diphtheria, malig- nant scarlet fever, small-pox, varioloid, trichiniasis, or any other case that may at any time be specified by the Board of Health. Parents to Art. 894. Parcuts shall inform principals of schools pau% schi)"o*il: ^^^^^^^^ ^y their children, of any contagious diseases ^^- occurring in their families. Art. 895. AH animals sick with any contagious or in- fectious disease shall be removed at once beyond the HEALTH AND QUARANTINE. 401 limits of the city of New Orleans by the person or per- sons owning or having charge of said animals, and in default of such action said animals may be removed by the Board of Health at the expense of such person or persons. Art. 896. That no person or persons shall bring into A^j^ais sick or within the limits of the city of New Orleans any ani- ^i^^^^^jg^"^^^: mal sick with glanders. It is made the duty of the "■^'"°''*^ "*• jj,^ officers of the police force, and also of all owners or persons in charge of animals, including veterinary sur- geons, to promptly report to the Board of Health any case or cases coming to their knowledge of animals sick with glanders, as also every case which may be re- garded as suspicious or exhibiting symptoms of said •disease. Art. 897. That whenever any animal is pronounced Animals wuh glandered by the veterinary surgeon of the Board of ^ o"drNo. 7741 Health or by any other graduated and reputable veter- ^june 27, 1S93. inary surgeon, the Board of Health shall order the kill- ing of such animal and the disposition of the carcass in such a manner as said Board of Health may deem hm."''' °^ ^°* safest. All animals suspected of glanders shall be iso- lated at owner's expense in such manner as the Board of Health may designate, until the true condition of the animal is established. Any owner of any animal having cause to suspect the same to be glandered, or any veterinary surgeon treating any animal so suspect- ° * '''"ib! ed, who shall fail to report immediately such suspected case to the Board of Health, shall for each such ileglect or failure to thus report, be fined in a sum not exceed- ing twenty-five dollars, or imprisoned not exceeding thirty days ; and any owner not submitting any animal suspected of being glandered to investigation and proper inspection by the veterinary surgeon of the Board of Health for ascertainment of its condition, or not iso- . lating a suspected animal as the Board of Health may direct, or removing or killmg or disposing of any glandered or suspected animal in a manner contrary to the directions and intendments of this ordinance, shall for each offence be fined not more than twenty -five dol- lars or imprisoned not more than thirty days. Penalty. 402 HEALTH AND QUARANTINE. ciSise.^**'"^ ^^T- 898. All ordinances in conflict with this ordi- !''• nance, and all upon the same subject matter, are hereby repealed. Care and Art. 899. That the Mayor, President of the Board of treatment of . "^ ' infectious dis- Health and Chairman of the Committee on Public ord. No. 7740 Health be authorized to make the necessary arrange- ■june27, 1S95. ments for the care and treatment of such cases as it is the duty of the city to provide for, and until other provision can be regularly made for the maiutenanee of same. Removal of Art. 900. The Board of Health may remove or cause persons to hos i t i pitais. to be removed to hospital or other place of treatment Ord. No. 14, L tr ^'a%\ I is ^^^ person or persons suffering from small-pox when- ■ ever such removal shall, in the discretion of said board, be deemed necessary for the proper treatment of such person or persons for the prevention or spread of said disease. Expenses. Art. 901. That the cxpcnscs incurred in the ucccssary performance of any of the duties named in this ordinance shall, after the approval by the Board of Health, be borne by the city of New Orleans ; provided, that no contract fixing the price for the future keeping,, maintenance and attendance upon small-pox patients shall be valid without the previous approval of the Administrator of Police and the Mayor. Board of Art. 902. That the Board of Health may, at its dis- cumscribecon-cretion, rcgulatc or prevent access to or egress from, or feftiou^sduease cause to bc vacatcd any infected building, water-craft, A.s"! ■ °" '^ place or locality, or cause to be fumigated or otherwise uy.179. disinfected any infected building or water-craft when- ever, in the opinion of said board, such action shall be deemed necessary to prevent the spread of any danger- ous and infectious disease. Rigiit to dis- Art. 903 (2) That the Board of Health may disin- ' feet any infected clothing, bedding or other substances whatever, if in the discretion of said board such action shall be deemed necessary to prevent the spread of the disease. HEALTH AND QUARANTINE. 405 Small-Pox — See Hospitals— See Offences. Constitution of State. Art. 170. The regulation of the sale of alcoholic or spirituous liquors is declared a police regulation, and the General Assembly may enact laws regulating their sale and use. Art. 178. The General Assembly shall provide for the interest of State medicine in all its departments, for the protection of the people from unqualified practitioners of medicine, for protecting confidential communications made to medical men by their patients while under professional treatment and for the purpose of such treatment; for the establishment and maintenance of a State Board of Health. BOARD OF HEALTH. Art. 904. (1) That the Board of Health of the State organization of Louisiana shall hereafter consist of nine members, Board°^^'^ ° four of whom shall be appointed by the Governor, by and . *^ °' ' ^^' with the advice and consent of the Senate, and five of whom shall be elected by the Council of the city of New Or- leans. They shall hold their office for four years, un- less sooner removed for cause. The members first ap- pointed shall be so designated that the term of two of those appointed by the Governor and two of those elected by the Council of New Orleans shall expire in two years from the fifteenth of March, 1877, and the time of the two others appointed by the Governor and the three others elected by the Council shall expire in four years from said date. At least one of the members of said board appointed by the Governor and two of the members elected by the said Council shall be regu- larly licensed physicians, resident in New Orleans. And thereupon the Governor shall issue to each of them a commission for hig respective term of office. At any Quorum, meeting of said board five members shall constitute a quorum for the transaction of business. Art. 905. (2) That the said board shall proceed to organi- Election of zation at its first meeting in the month of April of each president and '^ ^ secretary. alternate year, by electing one of its own number to be president, and a suitable person to be secretary and treasurer, whose powers and duties shall be those now prescribed by law for said officers, and such other powers and duties as may be herein devolved upon them. The 404 HEALTH AND QUARANTINE. president of said board shall receive an annual salary not exceeding the sum of twenty-four hundred dollars, and the secretary and treasurer shall receive an annual salary not exceeding the sum of two thousand dollars, to be paid out of the funds of or appropriations to said board. No other member of said board shall receive any pay or compensation whatever. Amended by Act 68 of 1886. Rules and Art. 906. (3) That Said board shall have power and regulations, authority to make all needful rules, regulations and ordinances upon the subject of vaccination within the parish of Orleans ; provided, that nothing in this act shall be construed to render vaccination in any case compulsory ; the said board shall encourage vaccination, and shall furnish pure and fresh vaccine matter to the district sanitary inspectors and city physicians for the purpose of gratuitous vaccination, and the furnishing of such vaccine matter shall be paid by the said Board of Health. Protection of Art. 907. That the said board shall have power and pu he ^^ ' jjj authority, on the concurrence of the City Council, to provide for, protect and preserve, by adequate means, the health and salubrity of the city of New Orleans, and, in the exercise of such power and authority, may, with the assent of the City Council, incur such neces- sary and reasonable expense as occasion may warrant, which expense shall be paid by the city of New Orleans, after approval of the same by said board, out of the budget appropriation as hereinafter provided ; and no expense beyond such budget may or shall be incurred chargeable upon the city of New Orleans. It shall hereafter be the duty of said board to forward to the Mayor and City Council annually, and in time to be in- cluded in the budget of expenses of the city of New Orleans, an estimate of the probable sum required to meet the expenses aforesaid for the ensuing year, and other expenses provided for in this act, to be paid by the city of New Orleans, and said estimate shall include the salaries ef the Sanitary Inspectors appointed under ex- isting laws for the different districts of said city as well HEALTH AND QUARANTINE. 405 as the reasonable expenses of said Sanitary Inspectors for rent of office and stationery for their official duties, and the said board shall also, at the same ti*rae, make to the City Council a detailed statement, verified by the oath of the President and Secretary thereof, of all fees, fines, forfeitures and sums of money which have been re- ceived by the said board during the past year, as well as an estimate of the probable receipts for the ensu- ing year; and it shall be the duty of the Mayor and Council of the city of New Orleans, after con- sidering such report and estimate, to make such ap- propriation as may be by them deemed necessary for the expenses of said board, and place it in the annual budget of expenditures. And should the fees, fines, forfeitures and sums of money which have been received by the said board under the provisions of this act, during the year, exceed the expenses of said board, the said excess shall be paid to the Administrator of Finance of the city of New Orleans. Art. 908. (5) That the Board of Health, through its Enforcement president or other proper officer, shall have power and ° ^'^^' ib. authority to call upon the police authorities for neces- sary aid and assistance, in enforcing any of the au- thority or powers conferred upon it by this act, as well as enforcing any of its orders, rules and regulations. Art. 909. And it shall be the duty of the police authori- Duty of Police, ties to render to the Board of Health such necessary aid and assistance, when so called upon, by the use of the police force, as may effectually accomplish the intentions of this act and of the orders, regulations and ordinances of said board. Art. 910. (7) That the said board shall have power Quarantine and authority to establish quarantine stations upon any ''^l"ct^S)°"i877. ' of the approaches to the city of New Orleans whenever, in its discretion, such stations may be rendered neces- sary to protect the health of the city of New Orleans or the State, and to make all needful rules and regulations with reference to the management and police of such stations. It shall regulate the duties and obligations of masters of vessels or other persons there arriving, and 406 HEALTH AND QUARANTINE. any master of a vessel or other person who shall violate any of the rules, ordinances or regulations of said board made with reference to the management or police of such stations, or to vessels or other means of convey- ance or transportation at or arriving at such stations, or shall evade or refuse visitation of the proper health or quarantine officer, or shall refuse to allow such quaran- tine officer to inspect, disinfect or fumigate such vessel or other means of conveyance or transportation, shall be liable to said board in a sum not exceeding five hun- dred dollars for each and every offence, to be recovered by civil suit wherever such offender, vessel or means of conveyance may be found, and said board shall have lien and privilege for the payment of said liability on such vessel or other means of conveyance or transporta- tion, to be conserved by writ of . provisional seizure, in which case bond shall be given in amount to be deter- mined by the judge issuing the writ, and the release bond shall be for an amount not exceeding six hundred dollars. All quarantine physicians and other officers and employees for quarantine stations, both for those now existing or that may be established hereafter, ex- cepting the Mississippi quarantine station, shall be ap- pointed and their salaries fixed by said board. BIRTHS, DEATHS AND MARRIAGES. Recorder.?*- Art.. 911. (8) That the president of said board be "^■^ct'so, 1S77, ^^-officio Recorder of Births, Deaths and Marriages for the parish of Orleans, but shall as such be under the general direction and control of said board. All fees collected by him shall be paid into and be a part of the funds of said board. Said board shall prescribe such blanks and forms as it may deem necessary for procur- ing vital statistics in said parish and enforce the use of the same; and the president of said board shall cause to be prepared and shall keep suitable books of record for said office, which shall be carefully preserved in fire- proof buildings or vaults. Amended by Act No. 141 of 1890, authorizing appointing of deputies, etc. HEALTH AND QUARANTINE. 407 Art. 912. (9) That it shall be the duty of attending pmy of phy- physician or midwife at the birth of any child in thcmidwives! parish of Orleans to report the same to the office of the Board of Health \yithin twenty-four hours of the same ; and it shall be the duty of the father, or in his default, of any person present at the birth of any child to report within twenty-four hours from the date of said birth at the office of the Board of Health such birth, which re- port shall be recorded in presence of two witnesses, and shall, as nearly as possible, show the date, hour, street and number thereof of such birth, the sex of the child and its name, the names of the father and mother, their nationality, age, occupation and residence, and the name of said witness. Art. 913. ( 10) That every death in the parish of Orleans deaths to be shall be reported at said office within twenty-four hours reported, ^^ after it has occurred ; such report shall be made by the nearest relative, or the husband or wife of the deceased, if present in the parish ; otherwise by the executor, if designated, or landlord of the deceased, or the offici- ating undertaker. It shall be the duty of coroners to report all deaths coming to tteir official notice, and of the president, manager or superintendent of any State, parish, municipal, charitable or benevolent institutions; said report shall contaiu, as far as possible, the full name, sex, age, occupation,, residence, color, or race and nativity of the deceased, the cause of the death, the street and number where it occurred ; shall show whether the deceased was married or unmarried, the name of surviving spouse, if any, and where residing ; also the name, age and residence of the declarant, and his re- lationship, if any, to the deceased, and such other par- ticulars as may be required by said board. No body shall be removed from said parish until a permit shall iiave been obtained from the president of said board, under his official seal, showing that the requirements of this section have been complied with. Art. 914. (11) That every marriage celebrated in the parish of Orleans shall be recorded in said office; suchreJSrV**^* record shall show the full names of the contracting parties, ^^' 408 HEALTH AND QUARANTINE. their age, nativity, date of license of marriage, and by whom issued, the names of the parents or tutors of the contracting parties, the name of the officer, priest or ecclesiastic celebrating the marriage, with the date of its celebration and the names of the witnesses thereto, and any such facts as the board may judge necessary for vital statistics. It shall be the duty of the officer^ priest or ecclesiastic celebrating any marriage to return the license authorizing such marriage to said office after having endorsed on such license the date of such cele- bration ; these licenses so returned shall be preserved among the papers of said board. Certificate of Art. 915. (12) That it shall be the duty of marriage, ^j^j^jjg president of said board to cause the registry of any marriage celebrated prior to the passage of this act, on production of a certificate duly attested of the celebration of such marriage; and, in case of loss of such original certificate, such registry shall be made on the production of the affidavits of the contracting parties, and at least one of the witnesses present, or of the officer, priest or ecclesiastic celebra- ting such marriage, and a certified copy of such registry shall be prima facie evidence of such marriage. p^g3^ Art. 916. (13) That there shall be collected for the ^''•recording, under this act, of any birth or death, the sum of fifty cents, and like fee for any certificate of such record, and for recording any marriage the sum of one dollar, and like fee for certificate of the recording of the same. Repealing Art. 917. (14) That this act shall not be construed so lb. as to deprive the Board of Health of any powers or authority it has under existing laws, and that all acts and parts of acts in conflict with this act are hereby re- pealed. See Acts 69, 82 and 85 of 1892; 98 of 1884; 23 and 68 of 1886 relative to Board of Health. HOSPITALS. 409 ACT No. 20 OF 1880. To Prevent the Adulteration of Articles Used as Food;, to Pre- vent the Sale of Unwholesome and Tainted Provisions, the Slaughtering of Cattle, etc.. for Food, When in an Unhealthy Condition, and to Prevent the Landing of Diseased Animals Within Certain Prescribed Limits. Section 1. "Be it enacted hy the General Assembly of the State of Louisiana, That it shall be unlawful for any person or persons to adulterate, to sell or offer for sale in the State of Louisiana, any article of food and sustenance, knowing the same to be adul- terated. Sec. 2. Be it further enacted, etc., That it shall be unlawful for any person or persons to sell or offer for sale any tainted pro- visions or stale vegetables, or other articles of food, the same being in a condition of decomposition or unfit for food. Sec. 3. Be it further enacted, etc.. That it shall be unlawful for any person or persons to slaughter for food and offer for sale any cattle, hogs or sheep, the same being in an unhealthy condition. Sec. 4. Be it further enacted, etc., That it shall be unlawful for any person or persons, railways, steamships, steamboats, water or other craft to discharge at any of the depots, wharves or landings within the city of New Orleans or any city within the State of Louisiana, or less than two (2) miles distant therefrom, any cattle, swine or sheep forwarded through them or shipped on their own account when the same is known to be in a diseased condition. Sec. 5. Be it further enacted, etc.. That any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and for the tirst offence shall be punished by a fine of twenty-flve dollars ($25) or three (3) months' imprison- ment, and for a second or subsequent offence shall be punislied with a fine of fifty dollars ($50), or not less than six (6) months' imprisonment, or both, at the discretion of the court. Sec. 6. Be it further enacted, etc.. That the Secretary of State,, immediately upon the passage of this act, shall notify all sheriffs, chiefs of police and other executive officers throughout the State to take cognizance thereof and enforce its provisions. Sec. 7. Be it farther enacted, etc. That all laws or parts of laws in conflict with this act be and the same are hereby re- pealed. HOSPITALS. Art. 918. That on and after the passag^e of this ordi- Permissioa nance it shall be unlawful for any person, persons or o a. no ys^, corporation to set up, establish or operate a hospital, Aug. zs, 1894^ sanitarium or any institution of a kindred character 410 HOSPITALS. without first having obtained permission from the City Council, and any person, persons or corporation violat- ing the provisions of this ordinance shall be fined not more than ten dollars or less than five dollars for each and every day that said hospital, sanitarium, etc., shall be operated without complying with the provisions of this ordinance, said fine to be recoverable before any court of competent jurisdiction. 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. Eight Adminis- SECTION 1. Be it enacted by the Senate and House of Bepresenta- appointed ^i'^'es of the State of Louisiana^ in General Assembly convened, That annually^ by ^i^jjin twenty days after the meeting of the General Assembly each year the Governor shall nominate, and, with the advice and consent of the Senate, appoint eight administrators of the Charily Hospital at New Orleans, who, together with the Governor of the State, shall compose the Board of Administrators. The Governor to be'^pres'u Shall be in perpetuity the president of the board. They shall, at b^"rd °* ^^^ their first meeting, elect a vice president, who shall perform the Vice president, duties of president in his absence. A quorum for the transaction of business shall be four Administrators, who shall have power to elect, in the absence of the president and vice president, a sh^fmeet.^ ^^P^^sident pro «em. They shall assemble on the first Monday of each month, and oftener if the president thinks tit, or business re- quires it. Amended by Act 145 of 1890, page 186. Powers of Sec. 2. That they shall have full power and authority to manage Board. and administer the hospital ; to repair and improve its property, of whatever 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, ako to sue and implead and to be impleaded in all affairs and ac- tions whatever before any of the courts of the State. Powers and Sec. 3. They shall have the power to order, establish, alter duties of Board^^jj^ put into execution all by-laws and ordinances which they think best suited to the interest and better regulation of the hos- pital, if such by-laws and ordinances be not contrary to the laws of the State, to the Constitution of the United States, or to the police ordinances of the corporation of New Orleans; and to appoint the several persons they may judge necessary for the service of the hospital. At each monthly meeting they shall designate two of their own members, whose duty it shall be, either HOSPITALS. 411 jointly or separately, to visit the hospital at least twice in every week, to inspect the service of the same, and enforce the execu- tion of the regulations ; on all which they shall make their re- port to the board. Sec. 4. That they shall appoint a treasurer, to be continued at Treasurer, his their own will, who, before he enters upon the functions of tiis ^°^^- office, shall give a bond and security to the satisfaction of the Board of Administrators. Sec. 5. That it shall be the duty of the Treasurer to recover Duties of all sums due to the hospital; to keep a correct statement of its '^'■®^*"'^^'" property, claims and revenues, and to make all necessary pay- ments 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 tain'^caVe's^to any member vacant who shall absent himself from three succes- vacate seat of '' absent m e m- sive monthly meetings, without leave, and to till all vacancies bera. that may occur in the board. . va^.a^cYes!" *" Sec. 7. That the administrators, shall, within the first ten days Annual re- after the annual meeting of the General Assembly, make a report R *""^ °^ ^^^ to each branch thereof, which report Shall contain a faithful ac- <30unt of the receipts and disbursements of the institution, and a faithful statement of all property, both real and personal, owned and claimed by the Charity Hospital. Sec. 8. That a register, containing the family and christian Registertobe names of each and every patient who shall have been admitted cfg^^. "^ ^ ^^^ into the hospital, also his last place of residence, if known, the disorder with which he may have been attlicted, the time of his death or discharge, and whether cured or not, shall be kept by the clerk of the establishment under the superintendence of the administrators; and it shall be their duty to annex to their an- anlexed^tothe'ir nual report to the General Assembly a tableau extracted from this annual report, register, exhibiting the nature of the diseases attended to in the hospital during the preceding year, the number of patients ad- mitted, 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. Sec. 9. That all money coming to the hospital shall be exclu- Money com- sively appropriated to the use of the patients; but the adminis- "jfj? how^a'p- trators may from time to tim.e make such changes in or additions propriated. to the hospital as they may deem expedient, whenever the reve- nues may permit the same to be done. Section 10 is amended as follows: (By act of 1857, p. 199, No. 205). That section 10 of the act of the Legislature of Louisiana, en- titled "An act to provide for the administration of the Charity 412 HOSPITALS. Tax on balls Hospital at New Orleans, and to provide a revenue for its sup- theatres and port,-' approved March 14, 1855, be and the same is hereby benefit" of ^ the anf^^nded and re-enacted so as to read as follows : "JSe it enactedy Charity H o s - etc., That for every public ball or concert the sum of ten dollars ^' * ■ shall be paid to the treasurer of the hospital, and annually for each theatre, one hundred dollars; for each circus, one hundred and fifty dollars ; for every menagerie, fifty dollars; for 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 Duty of the the hospital for the payment of the said sums respectively, and dtv'of^New Or^ ^^ ^^^® ^^ should issuc any license without such receipt, the city leans. of New Orleans Shall be liable therefor; and every manager or lessee of such theatre shall, annually, in addition to the sum of one hundred dollars, give, at such time as the treasurer of the hospital may designate, giving one month's notice to such mana- Performance S^^ ^^ lesscc, a theatrical performance for the benefit of the hos- for the benefit pital, and the receipts of such performance, deducting the neces- pital, sary expenses, shall be paid over to the treasurer of the hospital; and in default of a compliance with the provisions of this section, the said manager or lessee shall be fined in a sum of five hundred dollars, for the benefit of the hospital, recoverable before any court of competent jurisdiction by the treasurer thereof. Report to be Sec. 11. That within twenty-four hours after the arrival of any m*a n d e r s'of vcsscl at its placc of destination from any foreign port, the com- vesseis. manding officer, or any other officer of such vessel, shall make, under oath, a written report to any resident hospital commis- sioner, 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 man- ner 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. Bond to be Sec. 12. That every person not a citizen of the United States given by cer- ^^^ above the age of ten years, arriving and landing at any place within the limits of the State of Louisiana, from any for- eign port, shall in like manner report himself to any resident hospital commissioner, and when tj^ey are above the age of ma- jority, 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. HOSPITALS. 413 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 „ , , •' ° " , , . Penalty for not shall refuse or wilfully neglect, for twenty- four hours after his giving said arrival and landing, to make report and give bond as by this sec- *'°"*^- tion required, shall incur a penalty of fifty dollars. Persons ar- riving 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. ^ Commutation Sec. 13. That it shall be lawful for any person referred to in for said bond, the foregoing section, who may be unable or unwilling to furnish bonds as required, to commute therefor, by paying within twen- ty-four hours after his arrival the sum of two dollars and fifty cents. Sec. 14. That the commutation payments allowed by the Said commu- . foregoing section may be lawfully made to any hospital commis- m*ent°to whenn sioner, or to the clerk or commanding officer of the vessel on '"ade. 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 com- ihissioner the sums so received or collected, less a commission of five per cenr., which he shall be entitled to retain for his trouble. Sec. 15. That all bonds taken or reports received by any com- Effect of bonds missioner, as aforesaid, shall have the force and authenticity of ^bo'^ve" ** notarial acts, as against the signers thereof ; and every person not a citizen of the United States, claiming to be exempt from mak- ing a report or giving bond, shall be held to prove his exemp- tion. Sec. 16. That it shall be the duty of the board of administra- Hospital Com- tion to appoint one or more commissioners, removable at will, to missi oners, ^^ their appoint- be styled hospital commissioners, who shall have power, in the ment. duties name and for the use of the hospital, to sue for and recover, col- *" powers, lect, receive and receipt for, all commutation money, bonds, fines, forfeitures and penalties; the commissioners shall each furnish bond satisfactory 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 president and administrators, appoint deputies, for whose acts they shall be re- sponsible, 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 all vested with the power of boarding all vessels and examin- ing their log books and other documents, and with all other powers reasonable and necessary for properly enforcing the same in all its parts, they being responsible for the abuse of their powers; they also shall have authorit}'^ to compound for penal- ties, fines and forfeitures incurred so long as judgment has not 414 HOSPITALS. been rendered for the same, subject always to the control of the board. Bonds, fines Sec. 17. Be it further enacted, etc.. That all bonds, fines, for- to^be°'*aid"to*^^^"''^* *"^ penalties shall be paid to and belong to the Charity Hospitai, an d Hospital, and be applied to the medical and surgical relief of the how applied, sick and destitute. Penalties for Sec. 18. Be it further enacted^ etc., That any persons opposing certain offences Qj. obstructing in any manner the commissioners or their depu- ties in the exercise or performance of their ofHcial duties shall incur a penalty of not less than twenty-tive 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 dollars nor more than one thousand dollars. Any commanding or other officer on any vessel refus- ing and unreasonably neglecting to report shall incur a penalty of not less than fifty nor more than five hundred dollars. Certain laws Sec. 19. Be it further enacted, etc.. That all laws contrarj^ to repealed, jjjg 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. Act approved March 14. 185.5, p. 203. No. 155. Act of 1861,. page 97, Xo. 127: see also 1859, Xo. 215, p. 170; 1861, Xo. 264, p. 202. Decisions of Supreme Court. The statute of March 12, 1838, Sec. 4, making it the duty of the Mayor of Xew 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 An. 550; 5 An. 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. — 5 X. S. 409. The tax created by the statute of March 27, 1843, providing a fund for the support of the Charity Hospital of Xew Orleans, being imposed exclusively on the passengers and not on the officers and crew of a vessel, can not be regarded as a regulation of com- merce, and is therefore not a violation of the United States Con- stitution, (Art. 1, Sec. 82) ; 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 HOSPITALS. 415 application since the admission of Louisiana into the Union. — 7 R. R. 210.— (But see 7, Howard, 283. U. S. Supreme Court Re- ports.) Ord. No. 2477, C. S., providing for a complete incandescent electric light plant for Charity Hospital, repealed by Ord. Xo. 3231, C. S.. October 2, 1888. Small-pox Hospital. Art. 919. That the Comptroller be and he is hereby Advertising- directed to advertise according to law for sealed pro- or'd!'No.To%%, posals for the erection and maintenance of a small-pox March 12, 1895 hospital within the city limits, for a period of five years from date of signing of contract in accordance with plans and specifications adopted by the City Council and on file in the office of the City Comptroller. Art. 920. That the following plans and specifications Pi.^ns and ^ ^ ^ specifications. for the erection and maintenance of a small-pox hospital ^^•^°- *°'«o. within the city limits be and the same are hereby March 12, 1895. adopted : 1. The contractor shall be a physician of this city of Physician. '^ S years' stand - at least five years' standing, and be a graduate of a «ng- regular medical school. 2. He shall specify the location of the proposed hos- Location. ^^ pital, as also its capacity and the number of buildings thereof, as well as apartments and employees. 3. He shall agree, in case so desired, to remove said Removal. hospital, at his own expense, to any locality within city limits, which may hereafter be recommended by the Council's Committee on Public Health at any time in the future. 4. He shall bind himself to maintain said small-pox contract for five years, hospital for a period of five years from date of signing ib. of the contract on the terms and conditions specified in the contract. Art. 921. Thatthebidof Dr. J. C. Beard for the care Accepting bid , . , of Dr. J. C. and treatment of small-pox patients m accordance with Beard, specifications approved by the Council be and the same c.'s. is hereby accepted, and that the Mayor be and he is hereby directed and authorized to enter into notarial contract with the said Dr. J. C. Beard in accordance therewith, as per his bid of April 1, 1895, as follows: 416 HOSPITALS. For the treatment and care of small -pox patients up to and including the number of fifty patients in any one year, $3000 per annum, payable in monthly instal- ments ; and twenty-five dollars for each patient in excess of fifty in any one year, provided that the hospital as at present located shall be removed within ninety days after the signing of the contract, to such a locality as may be recommended by the Committee on Public Health of the City Council. LEPROSY. Act Ko. 80 of 1894. To provide for the appointment of a Board of Control for the Leper Home, and to provide for the care and treatment of persons so afflicted with Leprosy. Board of Con- SECTION 1. Be it enacted by the General Assembly of the State of trol of Leper 2,oMma>ia, That a Board of Control for the Leper Home, consist- Mome con- ' i- ^ stiiuted. ing of seven members, to be appointed by the Governor of the State, by and with the advice and consent of the Senate ; whose duty it shall be to provide for the proper care, treatment and maintenance of all persons in the State of Louisiana who are now or may hereafter be afflicted with leprosy, and for that purpose they shall be authorized to arrange for a contract with any re- sponsible physician skilled in care and treatment of such disease for the care, treatment and maintenance of all such persons so afflicted; that said board shall have power to remove for cause said contracting physician, and annul his contract, and to enter into a new contract with any other physician in accordance with Act Xo. 85 of the session of 1892. Appropriation Sec. 2. Be it further enacted, etc., That the sum of five thousand therefor. dollars be and the same is hereby set apart for the purposes of repairing or constructing and improving such buildings as may be necessary for the purposes of said institute. Sec. 3. Be it further enacted, etc., That the sum of ten thousand dollars per annum be and the same is hereby appropriated for the purpose aforesaid, and the Auditor is hereby authorized to war- rant monthly for the said amounts on the order of the President of said board, countersigned by the Secretary of same. Board to meet Sec. 4. Be it further enacted, etc., That as soon as practicable and organize, g^j^gj^ ^j^g appointment of said board, they shall meet and organize by electing a President and Secretary, whose duties shall be pre- scribed by said board. All vacancies, whether by death, resig- nation or otherwise, on said board.shall be filled by the Governor. Sec. 5. Be it further enacted, etc., That the amount of appro- priation provided for herein shall take effect and be available HOSPITALS. 417 from and after the organization and appointment of said board, Appropriation , and whose salaries shall be fixed by said board and after the elec- able, tion of said physician having been certified to by the Secretary of State. Sec. 6. Be it further enacted^ etc.. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Act Xo. 85 of 1892. To prevent the spread of leprosy and to provide for the treat- ment of same and for isolation of persons afflicted with said disease and penalties for non-compliance with the provisions of this act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That whereas the disease known as leprosy, which is contaminating and dangerous to the public health and welfare, exists in this State, and that persons afflicted with said disease are permitted to be at large, thus endangering public health. Sec. 2. Be it further enacted, etc.. That all persons afflicted or providing for suffering with said disease of leprosy shall be confined in an in- the conffne- stitution isolated and used for the treatment of said disease, and to prevent con- it shall be a misdemeanor for any one to harbor a leper or lepers, i of "the ^vro*a^ and the penalty to be imposed upon any one harboring said tion thereof, leper or lepers and refusing to commit them to the care of said institution shall, on conviction before any committing magistrate in this State, be subject to a fine of not less than five dollars nor more than $25 or imprisonment for a term not exceeding thirty days ; said fine shall go to the support of said institution, and said party so found to be a leper shall be committed to said institu- tion. That whenever it shall be made known to the judge of the Duty of the District Court, by the petition and oath of any individual, that olst^jfci Conit.* any person afflicted with leprosy within his district ought to be sent to or confined in said institution, it shall be the duty of said judge to issue a warrant to bring before him in chamber said person so afflicted with leprosy, and after proper inquiry into all the facts and circumstances of the case if, in his opinion, he ought to be sent or confined in said institution, he shall make out his warrant to the sheriff of the parish, commanding him to con- Duty and com- vey said leper to said institution ; for which duty the sheriff shall ufe *sh«iff.°* have the right to demand the same fees as are now allowed by law for the conveyance of insane persons to the State [nsane Asylum, which shall be paid out of the parish treasury upon the order of the district judge, and likewise all other expenses pre- viously incurred in bringing said person before the district judge. Sec. 3. Be it further enacted, etc., That the buildings and Buildings and institution situated in the city of New Orleans in this State, now iJljers * " * ^ '*"^ used or that may hereafter be selected or directed to be used for the care of and treatment of leprosy, under a contract with the 418 HOUSE OF REFUGE. city of Xew Orleans, by virtue of an ordinance, No. 5785, passed and adopted on the thirty-tirst day of March. 1891. shall be the institution to which lepers shall be sent and committed under the penalties provided for in section 2 of this act. HOUSE OF REFUGE. Mayor to ap Art, 922. That immediately itpon the passage of this ^"o^d. No^ 2272 ordinance the Mayor of the city of New Orleans shall May 10, 18S7. appoint, by and with the consent and advice of the City Council, seven citizens of New Orleans, who shall constitute a Board of Commission for the manage- ment of the Boys' House of Refuge 5 which shall be known as the Board of Commissioners of the Boys' House of Refuge ; that the said commissioners shall hold their office for four years, or until their successors shall have been elected. Organization. Art. 923. The Said Board of Commissioners shall, at ' their first meeting, elect one of their own members to be President of the board, prescribe his duties and adopt rules and regulations for their own government. Ru'es and Art, 924. The Board of Commissioners shall have the '^^" ***°"^" lb. management of said House of Refuge, prescribe the kind and amount of labor to be performed by the in- mates, make rules and regulations for their instruction, improvement and government, and perform all other acts they may deem necessary and proper for the im- provement, or to carry into complete effect the objects contemplated by the laws of the State, relative to houses of refuge for delinquent and juvenile vagrants. Pro- vided, however, that they shall not make any agreement or contract for the payment of moneys, except for the ordinary supplies and expenses of said House of Refuge, or for materials or tools for manufacturing or agricult- ural purposes in said institution. Report. Art. 925. (4) The said Commissioners shall report quarterly to the Council the condition of said House of Refuge, accompanied by such information and sugges- tions in relation to the same as may be deemed ex- pedient. H0U8E OF REFUGE. 419 Inspection. lb. Art. 926. (5) The standing Committee on the House of Refuge of the Board of the Common Council shall have authority at all times, to inspect the minutes of the pro- ceedings of the Board of Commissioners, and all records of this institution, and it shall be the duty of said com- mittee to visit the House of Refuge at least once a month. Art. 927. (G) The Commissioners of the House of.^^vS'and Refuge be and they are hereby authorized to appoint such slJ^on.''*""''^"" grade and number of officers or servants as they may ^^• deem necessaiy and advantageous, and determine their compensation. Art. 928. All children found pilfering, all children g^J^^l^g^"''^ ^*- found begging within the limits of this city ; all chil- ^*'- dren found gathering waste merchandise, lost or refuse articles, unless the same be the property of their guardi- ans, employers or parents ; all children engaged in any occupation dangerous to the morals, or of a tendency to produce habits of idleness and vice ; all children who are left without education and learn no honest trade or occupation ; all children abandoned to themselves, or who are not provided for by their parents with the pro- tection and care which the law requires, shall be deemed juvenile vagrants, and shall be brought before the Mayor or any other competent court, and shall be dis- posed of according to the laws establishing houses of juvenile delinquents and vagrants. All males shall be committed to the Boys' House of Refuge, and the females to the House of the Good Shepherd. Art. 929. (3) In every case where a child shall be Termofcom- committed by the Mayor or Recorder or other competent ' ib. court, to the Boys' House of Refuge under the forego- ord!" No.* 3305! ing section, such commitment shall be until such time as the said child shall have attained the age of eighteen years ; and any child so committed shall remain an in- mate of said House of Refuge until he attains the age of eighteen years, unless previously discharged by order of the Board of Commissioners of the Boys' House of Refuge. 420 HOTELS AND ROARDING-HOUSES. Without pav. Art. 930. (9) The members of the board hereby- created shall serve without any pay. ofToTi'ce'Tnd ^^'^^ ^^1- (1^) "^^^^ nothing in this ordinance shall Public Build- 13() }igi(j ^Q in^gj.fgj.g ^itih or prevent the Commissioner i'^- of Police and Public Buildings from having charge of the buildings in which the House of Refuge may be established. certSn%Tof. Art. 932. That square Nos. 72, 75 and 78 bounded by House^'o f" Ret St. David, Frcret and Arabella streets and Nashville av- o^d. No. io325,^ii^6> ^^^ parts of squares Nos. 71, 76 and 77 bounded *^'Feb. 12, iSq5 by St- David, Freret, Joseph and Arabella streets, prop- erty belonging to the city of New Orleans in the rear of the Shakspeare Almshouse in the Sixth District of the city of New Orleans, be and the same is hereby set apart and dedicated for the erection and maintenance of a Boys' House of Refuge, and that the same be handed over to and entrusted to the Board of Commissioners appointed under ordinance , for the said board to carry out the intendment of this ordinance. Payment of unexpended balance, Ord. Xo. 2309. C. S. Plans and specifications, Ord. Xo. 8371. C. S. HOTELS AND BOARDING-HOUSES. Slops and Art. 933. Hereafter, any proprietor of any hotel or °*oi'd. No. 5445 boarding-house kept in this city, and capable of accora- ''^b^ec. i860, modating more than seventy-five boarders or lodgers, shall keep a cart well covered and so constructed as to be capable of carrying oflf all the slops and offals from said hotels, as well as the sewerage from their water- closets and privies, without emitting any offensive odors, at the hour hereinafter designated. To deposit in Art. 934. (2) It shall be the duty of the proprietor the riTcr. ^^ q£ every such hotel or boarding-house to cause all such slops, offals and sewerage from their respective estab- lishments to be removed in a cart, constructed as afore- said, and emptied into the Mississippi river at the nuisance wharves of the city, every night, between the hours of 11 o'clock p. m. and 3 o'clock a. m. ; and on failure to do so every night, as above ordained, each etc. Penalty. HOTELS AND BOARDING-HOUSES. 421 and every proprietor so offending shall be liable to pay a fine of one hnndred dollars, recoverable before any of the Recorders of the city or any court of competent jurisdiction, for the use of the city. Art. 935. (3) Hereafter it shall be unlawful for the ffo^pi'siwer- proprietors of any hotel or boarding-house in this city ^^*' to empty, or cause to be emptied, the slops or offals of their respective establishments in the streets of this city, or to establish and maintain, or to maintain and carry on, if already established, any sewer from their water-closets or privies into the gutters of the streets of the city ; and every proprietor of any hotel or boarding- house violating this section of the above-named ordi- nance shall be liable to a fine of one hundred dollars, recoverable before any of the Recorders of this city or any court of competent jurisdiction, tor the use of the city, for each offence and for every day that such sewer may exist. As to removal of garbage, etc., see Garbage. ACTS OF THE LEGISLATURE. An Act for the Protection of Hotel Keepers. Section 1. That hereafter each and every landlord or keeper of a public inn or hotel in this State shall be required to be pro- vided with an iron chest or other safe deposit for valuable articles belonging to his guests or customers ; and each landlord or hotel keeper shall keep posted upon his doors and other public places in his house of entertainment written or printed notices to his guests and customers that they must leave their valuables with the landlord, his agent or clerk for safe keeping,- that he may make safe deposit of the same in the place provided for that purpose. Sec. 2. That each landlord, hotel or innkeeper as shall comply with the requirements of the first section of this act shall not be liable for any money, jewelry, watches, plate or other things made of gold or silver or of rare and precious stones, or for other valuable articles of such description as may be con- tained in small compass, which shall be abstracted or lost from any public inn or hotel if the same shall not be left with the landlord, his clerk or agent for deposit, unless such loss shall occur through the fraud or neglect of the landlord, or some clerk or some servant employed by him in such inn or hotel; provided, however^ that the provisions of this section shall not 422 HOUSE NUMBERS. apply to a wearing watc.h. or such other articles of jewelry as are ordinarily worn upon or about the person. Act approved January 16. 1860. Xo. .5, p. 7. See section 52 of Act 1856, p. 136. No. 164. See also act approved February 23. 1869. p. 37. Xo. 38. HOUSE NUMBERS. Decimal sys- Art. 936. (1) That a decimal system of numbering Ord. No. 7909, shall be adopted, which system vrill be similar to that Aug, 1,1893. adopted by the cities of Philadelphia and St. Louis. Plan. Art. 937. (2) One hundred (100) numbers shall be ' devoted to each square, so that the first square on the street will begin with the numbers 101 and 102, the second square with 201 and 202, the third square with 301 and 302, etc. Streets parallel Art. 938. (3) All strccts parallel with the river will lb. begin numbering at Canal street, north and south. Not extending Art. 939. (4) Such strccts as are parallel with the street. I'ivcr and do not extend to Canal street will begin their numbering at the end nearest Canal street, and shall begin with the decimal designating the series of blocks at which it begins, south "^^^ *"*^ ^^'^- ^^^- (^) Such streets as extend on both sides ^^- of Canal street and having the same name shall be des- ignated by the term ' * North ' ' and ' ' South ; ' ' those on the upper side to be '* South," and those on the lower side to be <' North." thfiare."^"*" Art. 941. (6) All leading streets, or streets running ^^- from the river to the lake, shall begin their numbering at or near the river, other streets ^jjrp 942. (7) Such leading streets as do not extend to the river will begin their numbering at the end near- est the river, and to begin with the decimal which designates the series of blocks at which it begins. Short streets Art. 943. (8) All short strccts or alleys shall be or a eys. ^^ numbered in such manner as deemed most advisable by the City Council. Even num. Art. 944. (9) The river side of those streets which lb run parallel with the river shall have even numbers. HOUSE NUMBERS. 423 Art. 94.5. (10) Odd numbers will be used on the lake ^'^^ ""'"''^'■^^, side of all streets running parallel with the river. Art. 94G. (11) All leading streets, or streets leading Even^^and odd from the river to the lake, shall have even numbers ^*'- placed on the south or up-town side, and odd numbers on the opposite side. Art. 947. (12) Squares will be divided up in such ^^^^ gfj^^^ manner that a number will be designated for each^*^*- j,,^ fifteen feet (lo), and the charts will be made accord- ingly- A number will be placed on all improved property, '^*'"^ ^^^'^it', and the number by which the house will be designated will be determined by the distance of the front door from the corner. Art. 948. (13) A suitable number will be selected and Numbertobe approved by the City Council, and the furnishing and council.^ placing of these numbers shall be awarded by contract by the City Council, and improved property in the city of New Orleans shall be designated by such number as may be selected, it being understood that this cause does not prohibit persons from having the number of their premises painted on the transom of the door or placing any other style of number on the building ; provided the number selected and approved by the Council has been placed on same premises. Art. 949. The contractor to whom the contract is contractor to , . p lace n u m- awarded tor the f urnishmg and placing of these numbers "ers. , , ° . Ord. N0.8706, Will prepare the chart as designated m section 12 as perc. s. specifications, and will place numbers in position ; pro- vided, that no greater charge shall be made for the furnishing and placing said numbers than is contained in the said contractor's bid. Art. 950. When the contractor is prepared to furnish ^°^''^^' j^ the numbers he shall leave notice with the owners or agents of properties that he proposes to place the num- ber on the respective houses, in accordance with this or- dinance, and at the same time as the notice is served on the owners or agents of properties said contractor shall also enclose his bill for the price of said number. Art. 951. One week after this notice has been served 424 HOUSE NUMBERS. upon the owner or agent of properties the said contrac- tor shall proceed to collect the amount of his bill and to affix the numbers, in accordance with his contract. Collection of Art. 952. The contractor will also leave notice with bills. lb. all property holders or agents stating the time the orig- inal numbers by which the property is now designated will be removed. Original num- Art. 953. TMrtv (30) davs after the contract has been bers to be re- »- \ / ^ moved. duly entered into, under the provisions of this ordi- nance, the owner or agent of any property who has failed to remove the old number and put up a new number of c o ntractor's the sizc, quality and design adopted by the Council the lb. contractor shall put up a new number and take down the old, and on failure of the owner or agent of said prop- erty to pay on demand the cost of same the contractor is authorized to enter suit and obtain judgment for the amount claimed. Unlawful to Art. 954. (15) That it shall be unlawful for any renumber. ^ ' ♦' Old. No. 7909, property owner or agent to renumber his or their prem- ises when built or number existing premises without ad- vising the City Engineer and obtaining and putting up the number such as will be selected and approved by the City Council. Charts and Art. 955. (16) That the charts shall be bound in a lb. thorough and substantial manner and compiled in such order as to be easy of access, and the City Engineer shall be obligated to designate in proper manner all numbers given, and it shall be obligatory on the office of the City Engineer to keep this record up during the continuance of this ordinance, and it shall be the duty of the Committee on Public Order to inspect the record and insist On its being properly kept. ^n'fLe! ^"^ ^^'^'- ^^^- "^^^^ ^^^ ^^^y Engineer will designate the "*• time when the old numbers will be removed in the dif- ferent sections, which date will be placed on the notice left by the contractor at each house, ci^se''**''"^ Art. 957. That all ordinances or parts of ordinances ^''- in conflict with the provisions of the foregoing ordinance be and the same are hereby repealed. IMPEACHMENTS AND REMOVALS. 425 HOUSES VACANT— See Offences. IDLE PERSONS— See Vagrants. City officers City charter. Committees. lb. IMPEACHMENTS AND REMOVALS. Art. 958. (58) The Mayor, Comptroller, Treasurer, Commissioner of Public Works, Commissioner of Police and Public Buildings, Recorders and City Attorney shall be removable, in addition to the causes provided for in this act, for malfeasance in office, gross neglect of duty or disability affecting the fitness of the occupant to fill and discharge the duties of the position. Art. 959. (59) There shall be, among the standing committees of the Council a committee of five members to be styled "the Committee of Public Order," which committee shall be charged with the duty of conducting the impeachment of said officers of the city, and pending such impeachment and until the final disposition thereof the party impeached shall not exercise any of the functions of "his office. Art. 960, (60) The Council, excepting the five mem- ^court of im- bers of the Committee of Public Order, shall have full i)> power to try all impeachments, and when sitting for that purpose, as a Court of Impeachment, the members thereof shall be on oath or affirmation. The Mayor shall preside over said court, except when on trial, in which case the president pro tern, of the Council shall preside. Art 961. (61) Upon the preferring of articles of Order of pro- impeachment by the Committee of Public Order or by any six members of the Council, or twenty citizens, or by the Mayor, the accused shall be placed upon trial, which trial shall take place within thirty days from the notification of said charges to the party impeached, and no person shall be convicted without a vote therefor of eighteen members of said Council. The Mayor shall not have the right to vote in the final judgment. ceeding. 42() INDIGENT DEAD AND INSANE. Judgment ^^ Art. 962, (62) Judgments in eases of impeachment shall not extend further than removal from office and disqualification from holding any office under the City Charter ; but the party convicted shall be liable to in- dictment, trial and imprisonment in the parish prison, or at hard labor according to law. How removed. Art. 963. (48) The Recorders shall be removed for ' any of the causes enumerated in Article 196 of the Con- stitution, and in the manner provided in Article 201 of the Constitution. See City Council. INDIGENT DEAD AND INSANE. Unlawful to Art. 964. That from and after the promulgation of bring indigent • *• ^ dead or insane this Ordinance it shall be unlawful for any person, per- to this city. . y \ ' ' ord. No. 3036. sons or corporations to bring or cause to be brought the July 3, 1888. body of any indigent dead, or any indigent insane per- son from any other State or parish in this State to this city for interment or treatment. Penalty. ^^ Art. 965. That every violation of this ordinance shall subject the offender or offenders to a fine of not less than twenty-five dollars, and in default of payment, to imprisonment for thirty days, or both, at the discretion of the Recorder having jurisdiction. Repealing Art. 966. That all ordinances or parts of ordinances in clause. '■ lb conflict herewith be and the same are hereby repealed. Cancel ar- Art. 967. That his Honor the Mayor be and is hereby rangement with ^ «' Louisiana Re- dircctcd to canccl the present arrangement with the Sis- ^Ord. No 3774, ^gj.g Qf the Louisiana Retreat. May 28, 1889. Art 968. That the Mayor be directed to make a new lb. arrangement with the said Sisters of the Louisiana Re- treat for the care of the city's indigent insane on a basis of not more than sixty- five cents per day for each patient. Limited. Art. 969. That no contract shall be made to cover an expenditure in any one year over and above the amount appropriated for the purpose stated. JEFFERSON CITY GAS LIGHT COMPANY. 427 Providing for payment to Louisiana Insane Asylum at Jackson, La., for patients. Ordinance Xo. 3642, C. S.. amending and re- adopting Ordinance Xo. 3545, C. S. As to insane persons, see Asylums. INSANE PERSONS— See Asylums and Indigent Dead and Insane. INSPECTION OF BOILERS. Ords. Nos. 6647 and 6619, C. S.. declared null and void by Su- preme Court. INSPECTOR OP WEIGHTS AND MEASURES— See Weights and Measures. INSTITUTIONS, PUBLIC— See Asylums and Hospitals. INSURANCE. Art. 970. The Mayor and Chairman of the Finance insurance city "^ property. Committee to insure such city property as in their opin- ord. No. 6359 ion may be found necessary. May 1^,1892. Art. 971. That all laws or parts of laws in conflict Repealing with the provisions of this ordinance be and the same "^ *"^*' ib. are hereby repealed. INTERMENTS— See Cemeteries. ITINERANT VENDORS OF DRUGS— See Medi- cines and Mid wives. JAILS — See Prisons. JEFFERSON CITY GAS LIGHT COMPANY— See Gas Companies. 428 JUDGMENTS. COLLECTION OF JUDGMENTS. Moneys re- Art. 972. That all moneys recovered by judgment in judgment. favor of the city be paid by the party against whom the Ju»yi«873' judgment is rendered, or by the sheriff or constable col- lecting the same, directly to the Administrator of Fi- nance on the warrant of the Administrator of Public Ac- counts, and all officers and employees of the city except said Administrator of Finance or a clerk duly authorized by him, are hereby prohibited from receiving said mon- eys or any part thereof. Written state- Art. 973. That all settlements made under the pre- ib. ceding section shall be accompanied by a written state- ment signed by the City Attorney, which shall be filed in the Department of Public Accounts. Setting aside money to pay judgment creditors, Ord. No. 2857. JUSTICES OF THE PEACE— See City Courts. KEEPERS— See Pounds. archives. Appointment. Art. 974, That there shall be appointed by the A. s. ' °' '"^^ Mayor, by and with the consent and approval of the "^" "' '^^'" Council, a Keeper of the City Archives. His salary shall be at the rate of fifty dollars, and he shall serve during the pleasure of the Council. It will be his duty to keep open during office hours the room containing the City Archives, cause the same to be properly indexed and kept in a proper state of order for Duties. access and inquiry; to allow no books, papers or archives of any kind to be taken thence, except upon the order of the Mayor for a public purpose, and du« receipt taken from the party withdrawing the same descriptive of the article so temporarily withdrawn. See Organization. KEEPERS. 429 KEEPER OF THE COURTHOUSE. Art. 975. He shall every morning, at an early His duties. hour, open all the doors and windows of the court- Nov"., 1852?^ ' house; cause to be swept and dusted the different May,' 1855! courts and offices; place the seats in order; and during jiliy.'flyo the winter light fires whenever they shall be necessary, and supply the courts with good water. Art. 970. He shall take care that the carpets, tables, cleanliness seats and other furniture, as also the ceilings and win- ' ' ib. dow-glasses, be constantly kept in the highest state of cleanliness, and shall cause to be swept and washed every day the yard and lobbies. Art. 977. Every day, as soon as the courts shall have Fire and light, adjourned, he shall cause to be shut all doors and win- dows and put out all tires and lights, and shall take care that no person shall enter the courts after adjournment, or pass the nights therein. It is well understood that the provisions of this article shall not apply to officers of the different courts. Art. 978. He shall be responsible for all damage and Hisresponsi- injury arising from carelessness or improper conduct of ' ' '' ib. his servants or assistants. Art. 979. The said keeper shall reside in said court- shaii reside house and shall sleep there. He shall not absent him- h ouse. lb. self 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 said keeper shall not absent himself therefrom during the night. Art. 980. That the duties imposed on the Keeper of . Additional the Courthouse, as set forth in Ordinance No. 458, ap- oI^I.jh;. proved 27th November, 1852, be so construed as to apply to all the courts and courthouses of the city at present existing or that may hereafter be established. JURY AXD JURORS AXD JURY COMMISSIONERS. See Act 170 of 1894. p. 211, entitled: An act to amend and re-enact section 2. of Act 98 of 1880, entitled : '"An act to organize the Criminal District Court of the parish of Orleans, as estab- lished by Art. 130 of the Constitution of the State; to create a Board of Jury C -mmissionersfor the parish of Orleans, providing 430 LABOR AND LABORERS. for the appointment of same, and tilling vacancies therein; fixing the number of the board, defining its duties, powers and compensation ; providing for the manner of drilwing. selecting and empaneling grand, petit and tales jurors for the parish of Orleans; providing for the division of the Criminal District Court into sections ; providing for an annual vacation for each of the judges of said court : providing for the transfer of causes pend- ing in the Superior Criminal and First District Court for the parish of Orleans to the Criminal District Court for the said parish ; providing for the appointment of a shorthand reporter for the Criminal District Court for the parish of Orleans, and tlxing his salary, and to repeal all laws Or part of laws in conflict here- with." LABOR AND LABORERS. Residents of Art. 981. That the street laborers of the city be com- the ward. ** ord. No. 70. posed of resident citizens of the ward in which they Jan. 16, 1883. are employed. Employment Art. 982. That hereafter in all contracts let by the citizens^by co"n. city of Ncw Orleans for public works of every kind and Ord. No. 10,486, nature, there shall be written into the said contracts, as Mar! 26, 189S. one of the conditions and specifications thereof, that no public contractor on any public work within the city of New Orleans, who has obtained such contract from the city of New Orleans, shall employ any other but hona fide resident citizens of the city of New Orleans as laborers on such public work under his contract. Penalty. Art. 983. (2) That it shall also be considered a con- lb, dition of each and every public contract mentioned in section 1, that the contractor shall pay as liquidated damages, for each and every person employed in viola- tion of the provisions of section 1, a penalty of twenty- five dollars ($25), to be recovered before any court of competent jurisdiction for the benefit of the Charity Hospital, and that either the city of New Orleans or the Board of Administrators of the Charity Hospital shall have authority to sue for and recover these penal- ties. Bond. ^^^ Art. 984. (3) That the bond to be given by the con- tractor, as security for the execution of said contracts. LABOR AGENCIES. 431 shall be held and deemed to cover liability on the part of the surety for all of the penalties incurred by the contractor in violation of these conditions of his contract. Art. 98.1. (4) That all public officials charged with Part of con- the preparation of specifications of contracts for public ib. work are directed to write the above conditions in all such specifications, and the City Notary is specially charged with the duty of seeing that the conditions in said sections 1, 2 and 3 of this ordinance shall be writ- ten into and made part of every notarial contract for any public work let out by the city of New Orleans. Hours of Labok— See Employees. Transfer of Wages — See Employ aen. Payments — See Emphnjeps. LABOR AGENCIES. ACT ^O. 58 OF 1894. To regulate the mode and manner of conducting the affairs and business of Labor Agencies and Bureaus of Employment. Section 1. Beit enacted btj the General Assembly of the State o/Mayor to grant Louisiina. That from and after the date of the passage of this ^"Jep'^'^abor act that no one shall carry on, hold or keep anj^ labor agency or agency, bureau of employment without first having obtained the written permission of the Mayor of the city or town wherein said agency or bureau is to be located. Sec. 2. Be it further enacted, etc.. That before any person or Bond required persons shall be permitted to open, keep or conduct any labor °Jg„\g " ** "^ agency or bureau of employment within the jurisdiction of said city or town, he shall furnish a bond with good and solvent secu- rity in favor of the Mayor of the said city or town in the full sum and amount of tive thousand dollars ($.5000), conditioned that he shall well and truly carry out the purposes for which said agency shall have been established, and that he shall pay all such dam- ages which may result from his actions as such labor agent or keeper of said bureau of employment; and that anyone who may have been injured and damaged by said agent, by any act done in furtherance of said business, or by fraud or misrepresentations of said agents or keepers, shall have a right to sue for the recov- ery of such damages before anv court of competent jurisdiction. Sec. 3. Be it further enacted, etc.. That any one violating the penalty, provisions of this law shall be subjected to a fine of twenty-five dollars for each violation thereof, or imprisonment for not more 432 LANDS AND LEVEES. than thirty days, or both, at the discretion of the court in whose jurisdiction the offence was committed. Sec. 4. Be it further enacted^ etc.. That this law shall take effect from and after its passage. LANDINGS — See Wharves and Landings. LANDS AND LEVEES. Orleans Levee Boakd. Act 93 of 1890. To establish the Orleans Levee District and the Board of Levee Commissioners thereof; to define their powers and duties; to provide a revenue therefor and to repeal conflicting laws. Creating the SECTION 1. Be it enacted by the General Assembly of the State of District. ^^^*^ Louisiana, That the parish of Orleans be and the same is hereby formed into a public Levee District to be known as the Orleans Levee District. Governor to Sec. 2. Be it further enacted, etc.. That the Governor shall appoint com- immediately upon the passage of this act appoint seven ™ ' ■ persons, possessing all the requisites of a qualified elect- or in said parish, to serve as Commissioners of said dis- trict, four of whom shall hold the said office during the term of three years, and three for the term of six years and un- til their successors are appointed and qualified, and in case of a vacancy by death or resignation or inability to act. such vacancy shall be filled by appointment by the Governor ; and as said terms of oflice expire reappointment shall be for the term of six years. The other commissioners shall be, ex-officio, the Mayor and the Commissioner of Public Works of New Orleans, forming thus a board of nine members. The seven commissioners first mentioned shall be appointed from the several municipal districts of the city. Board of Sec. 3. Be it further enacted, etc.. That said commissioners JollTtft ute^'a ^*^*1^ *^^^^^^*"^® ^"^^ ^® Styled "The Board of Levee Commis- body politic, sioners of Orleans Levee District," and such are hereby con- stituted and created a body politic ; with needful succession and corporate powers; shall have power to sue and be sued in their corporate name ; shall have a common seal, and shall have the franchise and power to do and perform all the purposes of this act; and to acquire, hold, own and convey all the property, real and personal, needful in the premises, and to alienate, mortgage and pledge the same for said purposes. LANDS AND LEVEES. 433 The domicile of this board shall be in the city of New Orleans. Domicile of where it shall be suable; and service of citation shall in all cases be made upon its president. Sec. 4. Be it further enacted^ etc. ^ That the Governor shall, at Time and the time of the appointment of commissioners hereunder, appoint P,'^ef,i,g^ ^^^^ the time and place of the first meeting of said board in Xew Or- leans ; and the members appointed and ex-officio shall meet and organize by the election of a president of their own number, and a secretary. The president shall have the executive power proper to a Powers of the president of a board, and the secretary shall keep a record of all president and , , , ,.,, the duties of proceedings, and, when necessary, attest the same, and shall per- the secretary, form such other duties as may be prescribed for him by the board, and the board shall fix his salary. The board shall have the power to adopt all necessary and Board to proper rules of proceedings and by-laws, and, in the absence of *°°P' y" *^*' the president, may select a president p7'o tempore, with the game powers, during such absence. At all meetings six members shall constitute a quorum for any Quorum, business. If any commissioner appointed by the Governor shall neglect Removal of or refuse to attend the meetings of the board, or to discharge his members of the * ' " Board and ap- otficial duty, a majority of the board shall certify the fact to the poimm e nt of Governor, who. on request of the board, shall remove such com- ^ eir successors missioner and appoint a successor. Sec. 5. i?« if /itr^Aer enac^ef^, efc. That for the purpose of pro- gpard author- viding the revenue to carry out the object of this act, a district >'-ed to levy levee tax on all taxable property in said district not exceeding for levee pui- one mill on the dollar of its assessed valuation shall be levied by P°®^^- said Board of Levee Commissioners annually, pursuant to Arti- cle 214 of the Constitution and its amendments, and such levies shall be made for the year 1890 as well as for succeeding years, and it shall be the duty of the assessors for the parish of Orleans to extend the said tax on the rolls of 1890 and succeeding rolls whether the same has yet been filed with the recorder and tax col- lector or not; and it shall be the duty of the tax collector of said parish to collect the said district levee tax in the same manner as State taxes are collected and enforced, and to settle therefor with the State Auditor and State Treasurer; and the said fund shall ^.P""'?'^^ of the r. „■, District to be be kept in the State Treasury as a separate fund in a separate deposited with account to the credit of said Board of Levee Commissioners of treasurer.* ' ^ the New Orleans Levee District, and the same shall be paid out only on the warrants of the president or president pro tempore of said board, attested or countersigned by the secretary ; provided, that whenever said board shall find that said levee district tax of one mill is producing more than is needful for the construction and other expenses, they shall make a proportionate reduction of said tax, and thenceforth the same shall be extended on the rolls at the reduced rate. 434 LANDS AND LEVEES. The approval Sec. 6. Be it farther enacted, etc.. That the said Board of oftheState-r _ .. Board of En- Levee Commissioners, as to location, construction and repairs of IbtaTned' J'g^ ^^^ ^^"^^^s necessary to protect said district, shall first have the fore levee work approval, in writing, of the State Board of Engineers. The said Board of Levee Commissioners is hereby charged with the con- struction and repairs and invested with the control and main- tenance of all levees in said Orleans district, whether on river, lake, canal, or elsewhere, and shall proceed as rapidly and effect- Duty of the ually as possible to put the same in such state as to amply protect Board ot Levee ^, .,.,,.., -■ Commissioners the property Within the district by the best methods; and to this end may employ a consulting engineer and such legal counsel as may be necessary, and such assistants, clerks, inspectors and guards as may be necessary, and fix and pay the compensation of persons so employed. Mayor to It Shall be the right and duty of the Mayor of New Orleans to sp°ciaT officer" commission as special officers such inspectors and guards as the board may nominate. Powers of All levcc work or work of similar character, except that re- cases oTcmer" Q^^red by emergency, shall be advertised to be let out by sealed gency. proposal to the lowest responsible bidder, reserving to the said board authority to reject all Inds. In case of emergency said board may itself build or repair levees to protect said district without such competition, but with the approval as afoi-esaid of the State Board of Engineers, if it be practicable to obtain such approval ; in such cases, however, spreading on its minutes a state- „.. „ ment of the reasons of such action. The City Surveyor of New City Survevor ■^ •' of New Orleans Orleans, who shall liereafter be styled City Engineer, 'shall be the engrneerof the ^hicf engineer of said board; and the board shall pay him such Board. salary as, with the salary received from the city, shall make his compensation for all official service to the city of New Orleans or parish of Orleans not exceeding the sum of thirty-five hun- dred dollars. Officers of the Sec. 7. Be U further enacted, etc., That it shall be the SiTco'i'ii''ctduty of said board and of all officers charged with the taxes until aU assessment of said board, and of all officeis charged with the oblierations ol , .,,.,1-1 the Board are assessment, Icvy, extension, collection and custody and pay- P*'^" ment of said taxes in this act provided to collect, levy and extend, and disburse the same as herein provided, and such duties shall exist and such provisions be irrepealable as long as any obligations of the said board are unpaid, and said provi- sions shall always be enforcible by mandamus and injunction, and by other suitable remedy in court; provided further, that said commissioners shall not contract in any one year any liabil- ity beyond the revenues of said levee district for two years. Board to ex- Sec. 8. Be it further enacted, etc.. That said board shall have propnate lands £yu pQ^ver to expropriate any lands necessary for its works, whether in the parish of Orleans or in adjoining parishes, by the proceedings provided by the Civil Code of 1870, Arts. 2(526 to 2641 LANDS AND LEVEES. 435 inclusive, which are hereby made in all respects applicable to said commission and its works, and right of way over all lands of the State and of the city of New Orleans is hereby granted to said commission for any of its works. Sec. 9. Be it further enacted^ etc.. That this act shall be liber- ally construed to effect its object, and shall take effect from and After its promulgation, and all laws in conflict herewith are repealed. Act 79 of 1892. To amend and re-enact section 6 of Act No. 93, approved July 7, 1890, entitled an act to establish the Orleans Levee District and Board of Levee Commissioners thereof; to deflne their powers and duties, to provide a revenue therefor, and to re- peal conflicting laws. Sec. 1. Be it enacted by the General Assembly of the State of Louisiana, That section 6 of Act No. 93, approved July 7. 1890, entitled "An act to establish the Orleans Levee District and the Board of Levee Commissioners thereof: to define their powers and duties; to provide a revenue therefor, and to repeal con- flicting laws," be so amended and re-enacted as to read as fol- lows : Sec. 6. Be it further enacted, etc.. That the said Board of Levee Duties of the •Commissioners is.herebv charged with the construction and re- ^oAr^oi Com- '^ missioners. pairs, and mvested with the control and maintenance of all levees in said Orleans district, whether on river, lake, canal or else- where. It shall also be the duty of said board to provide, by the best method, for the thorough protection of said district against overflow, and to this end said board shall have full power and authority to put up and erect, in connection with its levee sys- tem, such pumps, floodgates and other appliances as may become necessary to carry out said purpose; provided, that the said Board of Levee Commissioners, as to location, construction and Tcpairs of all levees on the river front of said district, shall first may e m p To y have the approval in writing of the State Board of Eng-ineers, ''"^'"^^''^'Kga' ^'^ » o ' counsel, assist- and said boai'd may employ such engineers and such legal coun- ant clerks, etc., sel as may be necessary, and such assistants, clerks, inspectors Ltion.*^""'^^" and guards as may be required, and fix and pay the compensa- tion of the persons so employed. It shall be the right and duty of the Mayor of the city of New Making it the Orleans to commission as special oftlcers such inspectors and "f^ the^Mayor guards as the board may nominate. of New Orleans ° '' to commission All levee work and other work ordered by the board, except '"jfj'rd^'^'''^ ^"^ that required by emergency, shall be advertised to be let out by sealed proposals to the lowest responsible bidders, reserv- ing to said board the right to reject any and all bids. In case -of emergency said board may itself build or repair levees and all other necessary work to protect said district without such 436 LANDS AND LEVEES. Manner of competition. " but with the approval as aforesaid of the State letting out „ ,,t^. ... ■ . ,. work. Board of Engineers, in such cases, however, spreading on its minutes a statement of the reasons of such actions. The City T h e c i t y Surveyor of New Orleans, who shall hereafter be styled City En- thc^'consuUing ginccr. Shall be consulting engineer of said board, and the board engineer of the jj^j^y pg^y j^j^^ such salary as with the salary received from the city shall make his compensation for all official services to the city of New Orleans or parish of Orleans not exceeding the sum of thirty-live hundred dollars. Sec. 2. Be it further enacted, etc., That all laws or parts of laws contrary to or in conflict with this act are hereby repealed. PROTECTION LEVEES. Cutting gaps, Art. 986. (1) That it shall be unlawful for any person Oct.,' i88i." or persons to cut or open gaps in any of the protection levees within the incorporated limits of the parish of Orleans, or to remove by cart or otherwise any portion of the dirt forming or having formed a part of said pro- tection levee, without first having obtained the written permission of the City Surveyor and the approval of the Administrator of Improvements officially endorsed thereon. Any person or persons violating the provi- sions of this ordinance shall be fined not less than twenty-five dollars, recoverable before the Recorder or lb. committing magistrate within whose jurisdiction the offence may have been committed, and in default of pay- ment thereof to imprisonment for a period not less than thirty days. Penalty. Gaps and open- Art. 987. (1) That from and after the passage of this Or^d.No. sii, ordinance it shall be unlawful for any person or persons Aug. 5, 1S84. to cut gaps or openings in or otherwise impair the security of any portion of the levee on the river in front of the city of New Orleans without first having obtained permission from the City Council. Permission and Art. 988. (2) That in all cascs whcrc such permission how o taine . ^^^ ^^^ ^^^ f uturc bc givcu by the City Council , that the party to whom such privilege shall be granted shall give, in favor of the Mayor, a bond in the sum of at least two hundred and fifty dollars, conditioned that he will immediately and properly restore the levee on no- LANDS AND LEVEES. 437 tice from the Commissioner of Public Works, City Sur- veyor or other proper officer of the city of New Orleans to do so ; and in the event of failure to restore the levee, Pe^^ity. same shall be done by the city of New Orleans at the cost, charge and expense of the person failing to comply. Art. 989. (3) That any person who may, without having first obtained such permission, cut, or who may <}ause to be cut, gaps or openings in or across, or other- wise impair the strength of any portion of the levee in front of the city, shall be deemed guilty of a misde- meanor and shall be liable to a fine not exceeding one hundred dollars or imprisonment for ten days in the parish prison, or both, at the discretion of the Recorder having jurisdiction of the case. Art. 990. (4) That all laws or ordinances in conflict ^j^I^p^'^'* "s with any of the provisions of this ordinance be and the ^''• same are hereby repealed. Art. 991. (1) That it shall be unlawful for any per- ,J/°^.fj^^tJ,<}° son or persons, acting either for themselves or in any »"^';^ j^^ g corporate capacity, to cut, open, or in any wise impair c.^^ the protection levee recently constructed in the Fifth District of the city of New Orleans, and it shall be the duty of the police or officers of the Department of Pub- lic Works to cause the arrest and imprisonment of any party or parties who shall violate the provisions of this ordinance. Art. 992. (2) The offence charged herein shall be P'^naity. punishable before any court of competent jurisdiction with imprisonment for not more than six months or with a fine of not less than $25 or more than $100. carrollton levee. Art. 993. (1) That hereafter it is strictly prohibited ^^Loes, debris, to land or float logs, debris, shingle bolts or parts of ^"|<^- No. ma, logs, boats or rafts within the space between the new ^^^- 3. 'S's- and old levees in Carrollton, also the erection of any hut or shed against the revetment, or in the same space ^^^^ ^^ ^j^^^^ mentioned above, or the fastening of any floating object therein to the revetment 5 also the landing or storing of ^ifis"""^ ™**** any material whatsoever in the immediate rear of the 438 LANDS AND LEVEES. said revetment or the road between the same and the earth, or on top of the anchors of the revetment re- cently constructed on the point of Carrollton. Penalty. Art. 994. (2) That any violation of the provisions of * the foregoing ordinance, the party or parties so offend- ing will be liable, on conviction, to a fine of not less than $25, or thirty days' imprisonment, or both, at the discretion of the court, GRAZING CATTLE. Grazing on Art. 995. (1) That it shall be and it is hereby made ord.No. 7679, the duty of owners of cows, horses, mules, hogs or Mar, 21, 1882. other animals, to keep them from grazing or roaming upon any of the public levees of the parish of Orleans. Penalty. Art. 996. (2) That the owner of any animal found " roaming or grazing upon any of the public levees as aforesaid shall be subject to a fine of not more than $25 nor less than $5 for each offence, or imprisonment, at the discretion of the court, of not less than ten nor more than thirty days. To take effec^. Art. 997. (3) That this ordinance shall go into effect from and after its passage. or w*t ^^''^' ^^'^- ^^^- (^) "^^^^ ^^ '^^^^^ ^^^ ^^ lawful for any Ord. No. 947, owner, agent or person in charge of any raft, vessel or Oct. 7, 1884. boat propelled by steam or otherwise to land or moor the same against or alongside any bulkhead or levee where no wharves have been built, and where the banks ^ . ^ , of the river are known or designated as caving or losing Caving banks ® o » ib- banks for more than three consecutive days, except for the purpose of loading and unloading cargoes. Digging pro- Art. 999. (2) That it shall not be lawful for any owner, agent or person in charge of any raft, vessel or boat, propelled by steam or otherwise, to dig or cause to be dug, any portions of the levees, streets or landings for the purpose of sinking or securing anchors or pieces Mooring post, of timber commonly designated as deadmen, for the purpose of tying or mooring any raft, vessel or boats of any kind; provided, this does not exclude the right of setting mooring posts in such localities as may be desig- nated by the City Surveyor. LANDS AND LEVEES, 439» Art. 1000. (3) That it shall be the duty of the City city surveyor^^ Surveyor to designate to wharfingers such portions of the river banks known as caving or losing banks. Art. 1001. (4) That any person or persons violating Penalty. ^^ any provision of this ordinance shall incur a penalty of not less than $10 and not more than $25, or imprison- ment not to exceed thirty days, recoverable before any court of competent jurisdiction, for the use of the city, and a further penalty of $10 per day for every day he or they shall continue to violate the same. Art. 1002. (5) That it shall be the duty of the wharf- wharfingers, inger or wharfingers to cause forthwith the removal of said rafts, vessels or boats, after legal delay of three days as provided, and make such affidavits as may be required for the enforcement of any provisions of this ordinance. Art. 1003. It shall not be lawful for any person to en- Not to encum- . nil T ber with sand, cumber with the river sand, planks and staves, the levee etc. in front of the city of New Orleans, from the upper to 0.8.4166! the lower limits of said city. Art. 1004. It shall not be lawful for any person to Not to damage. damage or inj ure in any way the levee in front of the city. Art. 1005. That whoever shall violate the provisions of Penalty. this ordinance shall be subject to a fine not to exceed c. s. * °"'*^"'' twenty- five dollars or imprisoned in the parish prison for ^*^- ' • ' a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is com- mitted ; provided, that the fine shall not exceed twenty- five dollars for each offence nor the imprisonment more than thirty days. Art. 1006. It shall be the duy of the several wharf- Duty of wharf- ingers in their respective districts to carry into effect '"ord^No. 4166, the provisions of the foregoing ordinance. Art. 1007. That from and after the passage of this obstruction ordinance it is hereby made the duty of the Commis- ""Duty^f c° m- sioner of Public Works to remove or cause to be re- pubUc'wJTrks? moved by the owner, owners, or agents thereof, or any c.s'. ' °'*^^^'^ person or persons, or corporation, acting as agent or °^''' '^' ' ^* 440 LANDS AND LEVEES. otherwise, all lumber, building material, fuel, fences, buildings, constructions, or any object, or thing of any nature or kind whatsoever, lying on the battures, or along the river front, or on the levees, which obstructs the levee and interferes with the safety of or is an ob- stacle to the construction or repair thereof. That the said Commissioner of Public Works shall at all times, when requested by the Orleans Levee Board or its officers, and without any other instructions, cause this Penalty. ordiuaucc to be fully complied with and executed. That any person or persons, or corporations acting either as agents or otherwise, who shall violate the terms of this ordinance, or fail to comply therewith, shall be subject to a fine of twenty-five ($25) dollars, collectible by any competent court or Recorder, and in default of making payment of such fine be imprisoned not less than ten days nor more than twenty days for each and every offence. Commissioner Art. 1008. That after forty-cight hours' uotice by the Works 'to re^ Commissiouer of Public Works, property aforedescribed, "'°^^' lb. or things, are not removed by the owner, owners or agents thereof, that the said Commissioner of Public Works is authorized and empowered to cause the said removal to be made and effected at the expense of the said parties. Removal of Art. 1009. That the Mayor and the Commissioner of squatters Jrom -rr ■,■,-, i , • Louisiana Public Works bc and are hereby instructed to cause the Avenue to up- per Seventh entire removal of all obstructions from and opposite District. . ord. No. 3777, each and every street within the district named, and to May, 38, 1S89. keep the same always free and unobstructed. Art. 1010. That for each and every infringement of lb. the above, after due notice given by the Mayor and the Commissioner of Public Works, the offender shall be liable for a fine of not less than five dollars or more than twenty-five dollars, or to imprisonment not exceed- ing thirty days, or both, at the discretion of the Re- corder of the district where the offence shall be committed. Art. 1011. That all laws or parts of laws in confiic with the above are hereby repealed. Penaltv. LANDS AND LEVEES. 441 BATTURE. Art. 1012. (1) From and after the passage of this Taking of ordinance no permission will be granted for the taking o. s. 3029. out of sand from the batture in front of the city unless by certificate of the City 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 bat- ture. Art, 1013. (2) No sand will be permitted to remain or sand piled on be piled on the levee of the public landing for a longer ^ * ^^^®' ib. period than five days under forfeiture of said sand to the use of the city ; and that the wharfingers and their deputies are specially charged with the execution of this ordinance. Art. 1014. (3) It is hereby made the duty of the Dmyof wharfingers and their deputies of the city to receive the ib. permits of the City Surveyor from the parties desiring to take out sand from the batture, to designate and regu- late the space for each person or persons, accordingly, for the accommodation of all ; and persons taking out «and 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 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 be and the same are hereby repealed. Art. 1015. That all permits for taking sand from the, Permits re- C. S. are hereby revoked. May 28, 1889. Art. 1016. That hereafter no further permit for taking ^ Deposits to •^ ''be made. sand from the batture in front of the city under said ^^' ordinance shall be issued unless the parties applying for such permit shall deposit in the hands of the Comp- 442 LANDS AND LEVEES. troller the sura of twenty-five to seventy-five dollars, at the discretion of the City Surveyor, to be retained by him to secure the repair of all damage done to the levee by said parties. When any and all damage has been repaired to the satisfaction of the City Surveyor said deposit shall be returned ^io the party holding the permit. Permits under Art. 1017. That all permits given under ordinance No. Ord. No. 3029, o. s., revok-3029, O. S., shall be revocable at the discretion of the lb. City Surveyor, and at the expiration of ten days after the service of notice of revocation of permit all damages done to the levee by hauling sand over, along or through it are not thoroughly repaired to the satisfaction of the City Surveyor by the holder of the permit, then the de- posit made by him in the hands of the Comptroller shall Not apply to '^^ *^ ^ levees. be forfeited and turned over to the Commissioner of lb, Public Works, who shall make therewith the necessary repairs ; provided, this shall not apply where there are no levees. Permission to Art. 1018. That for the purpose of having sand to Orleans Levee , . , , , Board. utilize for the topping out of levees and other purposes c. s. ■ ■ during the high water season the Orleans Levee Board "be and are hereby granted permission to wheel out and place on the levee a pile of sand at the head of Race street and at the head of Louisiana avenue. To locate on Art. 1019. That the Orleans Levee Board shall have lb. the right to wheel out sand and locate same on the levee at such other points as they may desire ; provided, the location of the pile on the levee is designated and ap- proved by the Commissioner of Public Works and the Wharf Lessees and City Engineer. Rice chaffe Art. 1020. (1) That from and after this date no per- onbatture .,,, ., , ,, t A. s. 7.H2. son or persons will be permitted to dump, throw or de- posit any rice chaff or other rice-mill refuse into or on any batture on the river front of this city, except such as are or may hereafter be set apart for such purpose by the Administrator of Commerce; and any person or persons who may violate the same shall be fined in a sum of not less than five nor more than twenty-five dol- lars for each and every offence, and in case of failure or inability to pay such fine to be imprisoned for a term of LANDS AND LEVEES. 443 from five to twenty-five days, or both, at the discretion of the Recorder in whose district the offence may have been committed. WEST END REVETMENT LEVEE AND LAKE SHORE. Art. 1021. (1) That the Mayor be and he is hereby Reduction of authorized to enter into a contract with the New Orleans *ord. No. 4566, City Railroad Company, whereby said road shall a^ree june, 1878. to reduce the fare on said road to fifteen (15) cents for the round trip from the station at Canal street to the New Lake and return, and shall, at its own expense, cause a number of sheds to be built on the levee at the New Lake End for the convenience of visitors, the number and character of the sheds to be determined '^°j|'"^^g^^*j'^^jj^ hereafter ; and whereby said company shall engage to ""^"^ *^'*'*^' advance the necessary money to repair the revetment levee at said New Lake End, and for the reimbursement to said company of the said sum of money so to be ad- vanced for repairing said levee, it shall be stipulated and agreed that the same shall be payable in two equal instalments, on the first day of March, in 1879 and 1880, without interest, and that the city of New Orleans imbureeme'Ltr' shall receive from said company for each instalment of the indebtedness it may incur as aforesaid to said com- pany an equal amount of municipal licenses, due and owing by the company to the city, and taxes imposed for general purposes for the year in which said instalments shall mature. Art. 1022. (1) That the New Orleans City Railroad Exclusive use Company shall have and enjoy the right of the exclusive mentlevle^ use of the lake front of the revetment levee, situated a. s. ' °" "^' ' between the end of the New Canal and the bridge of the Upper Line Canal, for the period of twenty-five years, upon the terms and conditions herein set forth : Art. 1023. (2) That said company shall bind itself to conditions, keep said revetment levee in good condition and repair ; plant trees upon and embellish the neutral ground in the centre of same with flowers and shrubbery ; shell and make a good walk ten feet wide on the lake front of said revetment levee ; shell the space inside of said 444 LANDS AND LEVEES. neutral ground and keep the same in good order for a public drive ; and also keep the abutment, as per speci- fications on file in the office of the City Surveyor, in To build a gooI relative to prostitutes on Canal street, or Ordinance 3430, C. S., relative to prostitutes in the Fifth District, nor to allow prostitutes to occupy, inhabit, live or sleep in any house, room or closet, situated on the following streets, viz. : Rampart, St. Louis and Conti streets. Art. 1087. That it shall be unlawful for any woman .^ifth »«- •^ tnct limit. notoriously abandoned to lewdness to occupy, inhabit, j.*^^^- No. 3430* live or sleep in any house situated within the following limits of the Fifth District of this city : Along the line of the Mississippi river from the upper 4G0 . LEWD WOMEN. lb. to Verret, west of Verret to Homer, north of Homer to Verret avemie, and along the Verret Canal to the cemetery, both sides. i"^- officers, policemen and watchmen to arrest any woman or girl found in contravention of the foregoing section and take her before the Recorder of said district, who Penalty shall imposc upon her a fine not less than five ($5) dollars or more than twenty-five ($25) dollars, and in default of payment thereof shall condemn her to not more than thirty days' imprisonment. And said Recorder shall 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 penalties imposed by said section, ^^^tmg room, ^RT 1039 (3) That each and every person who shall ^^- rent or hire any house, building or room, to any woman or girl notoriously abandoned to lewdness in contraven- Penaity. tiou of tliis Ordinance shall pay a penalty of fifty ($50) dollars for each and every girl or woman, such person shall rent or hire as aforesaid. Penalty. Art. 1090. (4) That no house or building or room °' known as an assignation house shall be permitted to be operated within the limit as mentioned in Article 1 of this ordinance under penalty as mentioned in section 2. Unlawful to Art. 1091. (1) That it shall not be lawful for any pros- live on Canal ^ ^ "^ ^ street. titutc Or WO man notoriously abandoned to lewdness to Ord. N0.4101, .,,.,. , . , ^ , c.s. occupy, inhabit, live or sleep m any house on Canal street. Unlawful to Art. 1092. (2) That it shall not be lawful to rent or house 'etc!,^Cn hire auy house, building or room on Canal street to any Canal street.^^^^^g^^ Or girl uotoriously abandoned to lewdness. Penalty. Art. 1093. (3) That any person who shall knowingly ' violate the foregoing provisions of this ordinance shall, on conviction before the Recorder of the district in which the offence shall be committed, be fined not more than $25, and in default of payment of the fine to im- prisonment in the parish prison for a term not exceed- ing thirty days. LIBRARY. 461 Art. 1094. (4) That each day that the provisions of ^^f^^^Pg^^ "■ ^ ^ « this ordinance shall be violated, shall constitute a new ^''• offence and subject the violators to the punishment im- posed by section 3 of this ordinance. Art. 1095. That whenever any person shall have been Duty ot Mayor found guilty by any competent court of keeping a house c. s*!" "" ^ * of prostitution or of assignation in violation of city °*^'" ^' '^^^' ordinances, and said person shall have failed to remove from said house, it shall be the duty of the Mayor, after five days' notice to the occupant or occupants of said house, to cause the police to eject all the occupants from said house and to close the same, and to carry the keys thereof to the Mayor ; and the Mayor shall not return said keys to the owner of said house until said owner owner to give shall have subscribed in favor of the city of New Or- "" ' ib. leans a bond of $500, with good and solvent secu^'ity, conditioned that said house shall not be used for such prohibited uses of prostitution or assignation, said bond to be in force for the period of one year from date thereof. LIBRARY. Whereas, a great library thoroughly equipped and centrally located would be an attraction to our citizens, as well as to visitors, and would redound to the intellect- ual culture and welfare of the public ; and Whereas, the building forming the corner of La- fayette and Camp streets, and lately occupied by the Criminal District Court, is now vacant, and is well adapted to this purpose. Art. 1096. That said building be and is hereby dedi- d edicated ° -^ Criminal Court cated for the use and purpose of a public library. bmidingr to use Art. 1097. That the City Engineer be and he is hereby Ord. no. lo.isu directed to prepare plans and specifications for the al- Jan." 29, 1895. teration of the interior of said building to meet the re- nans and quirements and wants of such purpose. specifications^ Art. 1098. That Ordinances Nos. 5226, 6256, Council Repeaiingaii Series, and all other ordinances or parts of ordinances '"^'^'"*"'=^^ p"^"" 462 LIBRARY. ^j^^jj^j^jO' sale (directing the sale of the building known as the St. o^- No- 'o.«'. Patrick's Hall be and the same are hereby repealed. jan.'22, 1895. ^RT 1099. That the City Library and Lyceum Hall ^ouhe vrr*or' shall be under the control and supervision of the Mayor A^s* i^' ^^^^^ ^^^^ authority to prescribe rules for the regulation of the same. Librarian.^^ Art. 1100. (2) That the Mayor is hereby authorized to appoint a librarian for the City Library at a salary not to exceed $1800 per annum, payable monthly, and to as- sign and determine the duties of the said librarian. Hours.^ 8 ^^'^' 11^^- T^hB.t the Said public library shall be kept c. s. ' open daily for the access of the public between the hours of 9 A. M. and 3 p. m., and from 6 p. m. to 10 p. m., Sun- days and holidays excepted. Lit/ariin!*"* Art. 1102. That the Mayor bc and he is hereby author- ^^•ized and directed to appoint an assistant librarian, whose salary is hereby fixed at the rate of — — dollars per . month, whose duty it shall be to take charge of said library between the hours of 6 p. m. and 10 p. m. Repealing Sec. Art. 1103. That scctiou 3 of Ordinance No. 1966, A. S. , 3, Orel. No. ' 1966, A. s. be and the same is hereby repealed, consoiidatirg ^^'^- HO^. (1) That the public school libraries of the Kirs^second! First, Sccoud, Third and Fourth Districts of the city of Fo^'urth d"s*^ ^6w Orleans shall be consolidated and kept at the city ord!No.6i4o,^^ll> and shall be called the public library of the city of c. s. ^ew Orleans. Juvenile de- Art. 1105. (3) Books from the juvenilc department of partment. ^^ ^^.^ library shall be delivered free of charge to scholars connected with the public schools of New Orleans. Free to Art. 1106. (4) Books from said library shall be de- ib. livered free of charge to teachers connected with the public schools of New Orleans. Subscribers.^ Art. 1107. (5) Books from Said library shall bc deliv- ered to subscribers, residents of New Orleans, at such charge per month or year as may be fixed by the board of directors. Moneys re- ART. 1108. (7) All uioucys received from the delivery lb. of books from said library, or from donations made to said library, shall be paid into the treasury of New Or- LIBRARY. 463 leans to be credited to said library, and expended in the advancement thereof. Art. 1109. (8) The city of New Orleans does hereby App"-°P"ation. appropriate the sura of five thousand dollars a year, to be paid in the month of January of each year, for the use and benefit of said library ; the first payment thereof to be made in January, 1864i Art. 1110. That the ordinance of the former Council ^j^}^^;^^ '"«'"^"- of Municipality No. 2, entitled *'An ordinance provid- Q^g'^- ^°- '♦'^39. ing for the establishment of a lyceum and library," etc., ^^'■- '^' '^59- approved December 3, 1844, be and the same is hereby so amended that the directors of said society may, in their discretion, extend the privilege of life membership to all the white youth of the city, and to other contribu- tors, on such terms and conditions as said directors may deem compatible with the interests of the society, and may grant such certificates of life or honorary member- ship as they may deem appropriate ; provided, that no greater sum than nine dollars shall be required of any pupil of the public schools, as prescribed in said ordi- nance ; that the society shall always be designated as the Lyceum and Library Society. Ordinance Xo. 4439, approved March 18, 1859. See Act of 1855, page 459, relative to tiie State Library. Ordinance No. 11,295, C. S.. advertises for bids for repairs to old St. Patrick's Hall. Ordinance Xo. 11, .559, C. S., accepting bid of John McXally. linton-surget library or hall. Whereas, Mrs. Eustace Surget, who died a few months ago in Bordeaux, France, requested her sister, Mrs. C. B. Surget, whom she made her sole legatee, to donate to the city of New Orleans certain books, paint- ings, statuary and objets d'arts, upon the condition that a room or hall should be selected where they should be deposited and cared for, for the benefit of the public, which room or hall should be designated and always known as the Linton-Surget Library or Hall ; and Whereas, Mrs. C. B. Surget has notified the city of her intention to carry out said bequest, and has also no- tified the city that she proposes to arrange with the Tu- i. 464 LICENSE. Accepting lane University of Louisiana for the preparation of a ^ord. No.373s,pj.Qp0i. room for the deposit of said books, statuary and May 14, 1889. objet d'arts, the said room or hall to be known as the ^,^j^^^ y^.^^^ Linton-Sur^et Library or Hall, the said objet d'arts sityofLouisi-and books to be adequately cared for by said Tulane ana made de- 1 ./ j p_o^sitory of Board at its expense, which the acceptance of this ordi- ^^- nance by said board will impart an obligation on it so to do. Art. 1111. (1) That the gift of Mrs. Eustace Surget be and the same is hereby accepted, citytobeput Art. 1112. (2) That the Tulane University of Louis- 10 no expense. ^ ■" "^ lb. iana be selected as the perpetual depository of said gift, upon the condition that the said Tulane University of Louisiana place said gift, in accordance with the inten- tion of the donor, in a library or room to be known as the Linton-iSurget Library or Hall, and provided therein for the due custody and care thereof, at the cost of the said board. Provided, That the city be put to no expense in the preparation of said room and be liable for no costs whatever, present or prospective, resulting from the acceptance and deposit of the objects aforesaid. For Fisk Free Library Fund— See Almshouse. Asylums. Char- itable Institutions and Trust Fmuls. LICENSE. See City Charter. Postinacon- Art. 1113. That cach person, association of persons,' spiciious place. . ^ , . • n i ord. No. 407c, business firms and corporations required to take out a No^. 5,1889. license to prosecute or carry on any vocation, calling or business in this city, shall post the license conspicuously in his or their place of business ; and whoever shall fail to so post his or their license shall, on conviction, before the Recorder within whose district the offence is committed, be condemned to pay a fine of not more than twenty-five dollars, and in event of the failure to pay the fine imposed be condemned to suffer imprison- ment in the parish prison for not more than thirty days. LICENSES. 465 Art. 1114. Police officers of this city shall have the ^"'y "^ ^o"^^; right to enter upon all business premises for the pur- pose of inspecting same, and to see that licenses are paid and posted in accordance with law ; and it shall be the duty of said officers to report to the Mayor's office all persons who have no licenses, or who have improper or underpaid licenses, and those who have failed to post same in accordance with section 1 of this ordinance. Penalty. And any one who shall obstruct or impede the police in the discharge of the duties herein imposed, or who shall refuse to exhibit the license paidfor the business carried on, on the premises inspected, shall, on conviction be- fore the Recorder within whose district the offence is committed, be fined in a sum not exceeding twenty- five dollars ; and in the event of failure to pay the fine imposed be condemned to suffer imprisonment in the parish prison for not more than thirty days. Art. 1115. That it is hereby made the duty of the City Duty of city- . , . . , . „ . Attorney. Attorney to obtain ;)udgment against all persons owing Ord. No. 4102, licenses to the city of New Orleans, and upon their fail- Nov. 12, 18S9. ure to pay the same to obtain an injunction prohibiting them from pursuing the business for which the license is due, and to cause to be punished any violation of the injunction, the whole according to law. Art. 1116. That in all cases in which the city has Duty of as- . ,.,..,,. ,-., sistant City At- issued licenses upon affidavits which it is believed did tomey. July, 1881. not properly and fully represent the extent of the busi- a. s. 7213. ness carried on and the result thereof, the Assistant City Attorney is directed to institute necessary proceed- ings to recover whatever balance may be due the city in such cases. Art. 1117. That contracts be entered into between the To contract constables of the City Courts, or such constables as may bies. • --e ^u • • • \u ^ -u n , ^/ Ord. No. 11,036 signiiy their acquiescence m the terms hereof, and the c s. city of New Orleans under the supervision of the City " ^ ■^* Attorney, and that the terms thereof as hereafter set forth be and the same are hereby ratified and approved. The said contract provides : Art. 1118. That the city of New Orleans shall bring suits, its license suits in the citv courts where amounts in- 466 LIGHTS. volved are $100 and less, and the said constables of the city courts agree and bind themselves or each of them to serve all papers and processes of the said city courts in said suits on a contingent fee as follows : riV*ou° of ^^^ 1119. If any money be realized on any judgment judgments rea- on Said liccuse suit the said constables of the city courts lb. are to be paid their fees. If, however, nothing is re- covered on said judgment, the said constables agree and bind themselves not to charge any fee. Costs to be Art, 1120. If any time be granted for the payment of IrLnted!""^ '^ any license, after said suit has been instituted by the ^^' city in said city courts, the constable cost shall be paid in all cases before the time granted or allowed. Costs to be Art. 1121. If any license suit filed in the city court paid if license *' •' is received at and the liccnsc for which said suit is instituted is paid Treasure r's '^ office. ^^ at the City Treasurer's office without the constable being first paid, the city shall bind itself to pay the constable his cost for all services rendered in said suit. Not to apply Art. 1122. This contract of agreement shall not apply '895. 'to any suits filed previous to July 5, 1895. Mayor auth- Art. 1123. That the Mayor be and he is hereby author- "ract. *** *^°" ized to sign a contract in accordance with this ordinance. Ordinances adopting license: Xos. 2036, 2149, 2361, 3006. 3375, 4109, 4412, 4921, 5015, 5088, 5775, .5833, 6996, 10,074. LIGHTS. Comptroller Art. 1124. That the Comptroller be and is herebv in- to advertise. '■ *^ . ord. No. 6176 structed to advertise for sealed proposals to be received Ma'rch 29, 1892 by him f rom responsible bidders up to 12 o'clock on April 4, 1892, to light by electricity the streets and pub- lic buildings of the city of New Orleans for a term of five or ten years at the option of the city, commencing January 1, 1893. The said bids are to be opened by the Finance Committee in the Council Chamber between the hours of 12 o'clock M. and 1 o'clock p. M. on the same day. Right to re- The city reserves the right to reject any and all bids ; lb. and the following are adopted as the specifications upon I LIGHTS. 467 Avhich the said bills are to be made and the contract for said lighting shall be awarded : Art. 1125. (2) Bidders must state in writing and j&gures Bidders. price per lamp per year, as per these specifications. Art. 1126. (3) As a condition precedent to the open- Deposits, ing of any proposal for electric lighting under these specifications, any party receiving a consideration of his bid shall, at the time of depositing such bid, deposit with the City Treasurer a cash deposit of the sum of fifty thousand dollars ($50,000) in United States currency ; and no bid shall be opened or considered which is not accompanied by the certificate of the City Treasurer that such deposit has been made. The said deposit so made being with the distinct understanding and agreement that when the City Council shall award said contract to said bidder, and the same shall be accepted by him, then the said deposit shall be returned to him. But in case such award is made to a party so depositing, and he, for a period of thirty days, neglects or refuses to enter into a contract on the basis of these specifications, then m such case the money so deposited shall become the prop- erty of the city of New Orleans as liquidated damages for such failure. Art. 1127. (4) The lamps shall be suspended at or pen^de^' '"'" near the centre of the intersection of streets. ^^' Art. 1128. (5) The means of suspension shall be Means of sus- cranes, and they shall not be less than thirty- fite (35) ' ib. feet from the ground ; except on the neutral ground, where they may be pole lamps, with hoods, etc., similar in design to those now in use, or on towers as located. Art. 1129. (6) The lamps if but two blocks apart shall 1)G placed at such height as to allow or cause their densest rays to strike the earth at a point one hundred and seventy-five (175) feet distant in all directions; if Height of.^^ the lamps are placed three blocks apart, their height shall be such as to cause their most intense rays on the ground at points three hundred (300) feet distance in all direc- tions. Art. 1130. (7) The poles maybe of wood, which shall Poles, be of heart timber (or they can be of round cedar con- 468 LIGHTS. taining the same number of feet) not less than (9) nine inches square on the ground, nor less than six (6) inches square at the top, and shall have the edges be- tween the top and a point six (6) feet above the ground nicely champfered. They shall be painted and bear the name of the company and number of the lamp. ^'s^^- lb Art. 1131. The lights of each lamp must be of the standard arc sixteen hundred (1600) or two thousand (2000) candle power, according to the photometer method of measurement. All arc lamps must be of either the double or elliptic carbon pattern. Regular. ^^ ^j^^ jjl32. All lights must be of regular and constant illumination, and at no time during the night give less illumination than the above defined caudle power. Burners. ^^ j^^^ H^d. Bumcrs must bc of the latest improved pattern ; the most approved globes and hoods must be used on the lamps to protect them from inclement weather, in order that their reliability may be of the hoods^^* ''"'^highest order obtainable, and free from changes due to extremes of temperature, and be so attached as to catch all sparks or fragments of carbons or other materials used in producing the light. Cleaning. Art. 1134. The burners and globes are to be cleaned before each lighting, arid when they are broken or un- fit for use, must be replaced with a new one within one day. Poles replaced. Art. 1135. If any of the poles are broken or decayed ■ they must be immediately repaired or replaced with a new one. Hours of light- Art. 1136. (13) The lamps are to be lit within one- ib. half hour after sunset and kept so burning during each and every night during the term of the contract, to the half hour before sunrise. Candle power Art. 1137. (14) The caudlc power of the lamps shall to be tested by, -, , ^ ,, o lii City Sur-be measured by photometer monthly or oftener, by the ■ ' lb. City Surveyor, and in the event of failure to furnish the requisite candle power as shown by the said tests, the party obtaining the contract shall agree and bind them- selves to pay to the city the amount they receive pro rata from each light from the city for said deficient LIGHTS. 469 light or lights for each and every night that such deficiency is shown by the said tests ; and further bind themselves to pay to the city the amount they receive pro rata for each night or nights for all lamps reported out for a space of time. Provided, however, that when in case of fire, circuits in case of are shut down by order of the Chief Engineer of the ' ib. Fire Department, no deductions shall be made for lights out on said circuits during the time of such shutting down. Art. 1138. In order to insure the power of the arc currents, lights being of the standard sixteen hundred (1600) to two thousand (2000) candle power, the dynamo generating the power for such currents shall be so constructed as to give a current of nine and a half (9'32) amperes, and from forty-seven (47) to fifty (50) volts per lamp; and shall have the latest improved automatic regulator, so arranged that any or all lamps can be cut out of circuit without injury to dynamo or excessive current in the wires. This regulator must, furthermore, be so ar- ranged that should, for any reason, one or more lamps be cut out of circuit (in case of fire or other trouble) that the voltage on the line will decrease in proportion to the number of lamps so cut out, and still maintain the same amount of current in amperes. Art. 1139. Only the best weather-proof insulation wires and in- •^ ^ sulation. shall be used for covering the wires ; and the wires i^. shall not be less than number five (No. 5) Brown & Sharp's gauge. Art. 1140. In case the contract be awarded to any duty.""^'^''""'^'^ other than the present contractors, the party receiving ^^' the award shall tender to the present contractors the first cost of wire, poles, brackets, insulators, etc., com- monly termed, and belonging to circuits used for city lighting, wherever the said circuits conform to the above specifications. And in event of failure to agree as to the first cost, it shall be settled by arbitration. (It is un- derstood that this does not include the lamps.) Art. 1141, All material and labor required for the per- i^fln ^"^' *°*^ formance of this contract are to be furnished and pro- ^^' vided by the party obtaining the same. 470 LIGHTS. Inspection. Art. 1142. The works of the company securing the- ■ contract shall at any and all times be open to the in- spection of the committee on fire and lighting of the City Council, and free access shall be given to them to facili- tate all examinations and investigations as to the num- ber of lights furnished by each dynamo, and to show that the specifications as above are fully carried out. fulfil "connact! Art. 1143. It is further conditioned that for each and "■ every day's delay in the fulfilment of the obligations of these specifications to have the city fully lighted within the time hereinbefore specified (viz., 12 o'clock midnight on the 31st day of December, 1892), the bidder to whom said contract may be awarded shall forfeit or pay to the city of New Orleans for each and every night's Deductions, delay beyond th0 period named the sum of four hundred dollars ($400), said sum to be so forfeited and paid to be regarded and considered as compensation for damages hereby admitted to be occasioned by any such failure. Or, the city reserves the right to deduct these sums from any payments that may be hereafter due the said bidder or contractor. and repair. Art. 1144. All coustruction, lighting and keeping in ■ repair shall be done by and at the expense of the con- tractor. The intent and meaning of these specifications being that the city shall be at no expense beyond the amount to be paid for light as provided in the contract, and any additional lamps which the city may require shall be erected at the expense of the contractor, the city only paying the same rate as the original contract price. Lamps out. Art. 1145. The outage shall be reported by the police to their superintendent, who will report the same to the Commissioner of Police and Public Buildings, and by him reported to the Council ; and an amount equal to the price paid with 10 per cent, additional per lamp shall be deducted for the time of such outage whenever such default arises from carelessness or inattention on the part of the contractor. mi?s"iVn fr of Art. 1146. If it shouM be found that the contractor is Pu*biicVui!d*? wilfully violating any of the conditions of his contract '"^^* lb. or attempting to execute the contract in bad faith, the LIGHTS, 471 Commissioner of Police and Public Buildings shall no- tify the contractor, and if said contractor does not then, within five days thereafter, take such measures as will, in the judgment of the Commissioner of Police and Pub- lic Buildings, insure a more satisfactory performance of the contract, or shall refuse to comply with all reason- able requirements of said Commissioner of Police and Public Buildings, then the said Commissioner of Police and Public Buildings shall report such neglect to the Council for such action as the Council may deem neces- sary. Art. 1147. (24) When the tower system is available Towers, for the receiving of wires, and the tower contractors so notify the City Council, the said contractors shall re- move the wires and conductors from the poles and place them upon the towers wherever available. Art. 1148. (25) The contractor shall, at the time of Bond, entering into the contract with the city give a bond of security, satisfactory to the Council, in the sum of fifty thousand dollars ($50,000) for the faithful performance by the contractor of his contract. Art. 1149. (26) It is expressly understood that the Rights, contract between the city and the successful bidder shall of itself confer no right except for the public lighting. Art. 1150. That the bid of the Louisiana Electric Light a c c e p t ing Company for electric lighting under the provisions of tric°Light co. Ordinance No. 6176, Council Series, for the period of tenc. s,' ' °' ^"^ ' years, be and the same is hereby accepted and all other ^" '^' ' bids be rejected. Art. 1151. (2) That the Mayor is hereby authorized Authorizing and directed to enter into a notarial contract with the enler into'con" Louisiana Electric Light Company to light the streets *'^*'^'" ib. and public buildings of the city of New Orleans for ten years from January 1, 1893, as per their bid and speci- fications of Ordinance No. 6176, C. S. Art. 1152. (3) That when the said contract is signed Returning and the bond provided in the twenty-fifth paragraph of °" ' ib. the specifications is executed, the fifty thousand ($50,- 000) dollars deposited by said Louisiana Electric Light Company be returned to it by the Comptroller. Lighting Hall, Ord. :No. 8534, C. S. 472 LIME. LIME. ^^Notto store, Art. 1153. (1) No pei'son sliall store, or cause to be ord. Aug, 17, carried into any part of the square of the city, any quick- ^Appr^oved by lime, bcyoud the quantity of five barrels at a time, and •o-s- ' that quantity must be placed only in a building pro- tected from all humidity, and constructed in such a manner as to leave a free current of air ; and the said barrels nmst be stowed at the distance of ten inches from one another. How stored. Art. 1154. (2) No pcrsou shall store quick-lime unless it be well dried, and placed in a store constructed and prepared for that purpose, and protected from all humidity, the flooring of which must be two feet from the ground ; it must have at least two openings at its extremity, so as to afford a continual current of air, and such building must not be surrounded by any other building, wall or enclosure, which might prevent the circulation of air; it ought to be lined without and within, and boarded above the beams, in order to keep off the heat of the sun ; there must be between the spaces of the rows of barrels a space of at least ten inches. The barrels must not be placed more than three barrels in height ; from the moment the quick-lime so stored shall spread, so as to obstruct the circulation of the pas- sage left between the barrels for the circulation of air, the barrels must be arranged immediately, and the lime found amongst the barrels carried away. Penalties. ^^ Art. 1155. (3) Evcry person contravening the present ordinance shall pay a fine, which shall not be less than fifty dollars nor more than one hundred dollars. Surveyors to Art. 1156. (4) No pcrsou shall store any quick-lime inspect, etc. ^^^ previously to the City Surveyor having been called in, for the purpose of inspecting the building destined for that i)urpose, and that he has obtained a certificate of it ; and in default of that form,ality, which must be strictly observed, all persons contravening it must pay the fine decreed in the third article of the present ordinance. LOTTERIES. 473 LIQUORS, SALE OF. Art. 11.) 7. (1) That from and after the promulgation of Penalty t o r ^ ^ r- c3 selliDg or giv- this act, if any person shall sell or give away any in->n& away, on toxicating drink or drinks on election day at or within jntoxi eating one mile of any precinct where elections may beheld, Act no. 26 of he shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one hun- dred dollars, or imprisonment not exceeding sixty days, or both, at the discretion of the court, for each and every offence. Art. 1158. (21) All persons are prohibited from selling on any vessel or flatboat any beer, cider, wine or spirituous liquors in quantity less than a barrel. Art. 1159. (22) Any person committing any of the offences, or violating any of the provisions hereinbefore named, shall be fined not less than five nor more than twenty-five dollars, and if the fine be not paid he shall be imprisoned for a term not exceeding ten days. Sale on Sundays, see Act 18 of 1886.. On vessels. Jan., 1867. Penalty. LOUISIANA SCIENTIFIC AND AGRICULTURAL ASSOCIATION— See Parks. LOTTERIES. Art. 1160. (1) That it shall be unlawful for any per- unlawful sale son or persons to sell, barter, exchange, or otherwise °^Ord. No. -iz, dispose of any lottery ticket or token, policy, combina-^'^^n.3o, 1SS3. tion, device or certificate, or fractional part thereof, in any lottery drawn or to be drawn in or out of the city of New Orleans, unless the same be duly authorized by the laws of the State of Louisiana. Art. 1161. That whoever shall violate the provisions Penalty, of this ordinance shall be subject to a fine not. to exceed c. s.' twenty-five dollars, or imprisoned in the parish prison ^ • ' > ' 9i- for a term not to exceed thirty days, or both, or impris- onment in the said parish prison for a term not to ex- 474 MARKETS. ceed thirty days in default of the payment, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprison- ment more than thirty days. See Act 169 of 1894, p. 207, to suppress lotteries. LOTS — See Buildings. LOUISIANA ELECTRIC LIGHT AND POWER COM- PANY — See Electric Light and Power Companies. MARKETS. See Offences. Rates. Art. 1162. (1) That the vendors in the several public Ord. No. 4153 ^ ^ o. s. markets of this city are hereby required to pay for the use of stalls, stands and privileges at the following rates : For butchers' stalls, three by eight feet, including^ block, fifty cents per day, and for each corner table an additional five cents, and for each additional running foot, five cents per day. The dimensions of the butch- ers' stalls shall be three by eight feet, or as near that measurement as the plan and construction of the market will permit, as designated by the City Surveyor, with the approval of the Commissioner of Police and Public Buildings. D r y a d e s The samc applying to all markets except the Dryades lb. Market, which shall be governed as follows : For each stall, being the space between the posts and measuring 3x14 feet, including block, at the rate of fifty cents (50cts) per day for the first eight feet, and five cents (5cts) per day for each additional running foot, corner table an additional five (5cts) cents per day, it being understood that nothing less than a stall as- here described shall be let or hired. MARKETS. 475 For fish, game and vegetable stalls, three by four ^ ^'sh. game, feet, fifteen cents per day. ' ^^' For fruit and all other stands not specified herein, iruit. ^^ open all day, two cents per day for each and every square foot of space occupied, and that fish shall only be sold in said markets on the stands or stalls set apart for that purpose. For coffee, chocolate and eating stands, three by eight CoHet, etc.^^ feet, fifty cents per day, and two cents per day for every additional foot, and for each corner table an additional sum of five cents ; and it shall be the duty of the City Surveyor to designate which are corner tables. Art. 1163. (2) All occupants of stalls or stands are ^co"n"iti"f*'''* required to return the same to the city in as good condi- i^. tion as when received from the city ; and no occupant of any stall or stand shall at any time remove any part of any stall or stand without the written permission of the Commissioner of Police and Pablic Buildings. Art. 1164. (3) That all kinds of meat, fowl, game, Meat, fowl, etc. fish, vegetables, and all other perishable articles of human food, may be bought and sold at all the markets, except that no fish, fruit or vegetables shall be sold in the beef market of the Sec- ond District, and that no fresh meat of any kind shall be sold in the vegetable market of the same dis- trict, and that no fish, crabs or shrimp shall be sold in ' ' ib- any market after 10 o'clock a. m., between the first day of May and the first day of October, and that no meats, fish or any other comestibles shall be sold in the Shak- speare Market, but same shall be reserved as a Bazaar Market. Art. 1165. (4) That the centre aisles of the following centre aisies, markets shall be devoted exclusively to the sale of * Vrd. no.Vjss meats, viz. : Dryades street, Treme, Claiborne and Aikended bv Poydras Markets, and no stand in the said markets, ex- c.'s. "' '^^^ ' cept those in the centre aisles, as herein specified shall, ^'"'^'^ ' ' be used for such purpose ; any violation of which will subject the offender to penalties prescribed in Section 32 of this ordinance. Signs. 476 MARKETS. Sale of fish. Art. 1166. (5) That the sale of fish in the Ninth €, s. ' °' ^^ ^ Street Market shall be confined exclusively to stalls situated in the side aisles in the rear of said market and the sale of fish in the Poydras and Pilie Markets shall be confined exclusively to the outside stands situated on the south side of Poydras street, from Dryades to Basin streets. See. 6 repealed oy Ordinance No. 6691, C. S., Sept. 6, 1892. . Art. 1167. (7)That each and every person occupying a stall or stand in any market of this city shall have his name painted in letters of four (4) inches in length, on a tin sign in a plain and legible manner, and shall place the same in a conspicuous place over the stand or stall occupied by him ; and in case any person occupying a stand or stall, as aforesaid, shall not comply with this section within thirty days of the passage thereof, or shall thereafter, at any time, for more than three days consecutively, not have such sign so exposed, shall be subject to the penalties stipulated in section 32 of this ordinance. whenopen.^^ Art. 1168. (8) That the markets of this city shall be open at the dawn of day and shall close at 12 o'clock M., all the year round. It is not intended that this section shall apply to per- sons occupying coffee, eating or fruit stands, nor prevent • any butcher from supplying ships, steamboats, railroads and other public conveyances on the eve of departure from the city, provided the meat so supplied be not less in quantity than a quarter. Cleanliness. Art. 1169. (9) That during the half hour immediately ' after the closing of the markets the occupamts of stands and stalls are required to scrape, wash and cleanse the same so as to keep them in the highest state of clean- liness. Not more than Art. 1170. (10) No pcrsou or pcrsous shall bc per- ° ^ ^" *ib. mitted to occupy or control, directly or indirectly, more than two stalls or stands in any one market ; and when any stall or stand shall remain unoccupied during three days consecutively, the lessee of the market shall hold the same as abandoned and subject to the demand of any MARKETS. 477 other applicant, and in the event the lessee shall refuse, fail or neglect to rent such stand or stall so unoccupied, then, in that event, it shall become the duty of the Com- missioner of Police and Public Buildings to lease or rent the same ; provided, however, that the stall or stand so vacated shall not be leased to any other than an actual occupant. Art. 1171. (11) That it shall be the duty of the Com- Register, missioner of Police and Public Buildings, through his inspector s and collectors, to keep an exact register of the persons to whom stalls or stands shall be let, and give certificates to the occupants thereof. Art. 1172. (12) That all persons are forbidden to Lounging on stand, sit or lie on any of the stalls or stands of the said ®'*"*' ib. public markets. Art. 1173. (13) No person or persons shall expose, sell unwhoiessome or offer for sale in any public market of this city any ' n>. stale or unwholesome meat, or the flesh of any animal which was sick, wounded or overheated, or run down by dogs, or otherwise, at or before the same was slaughtered, or which died from disease, accident, casualty or other means than the usual manner of slaughtering animals for food ; nor shall any person sell or expose or offer for sale in any of the public markets of this city any putrid, rancid or unsound meat, fish, eggs, poultry, vegetables and fruits, or any unwhole- some or adulterated articles of food ; nor shall any person sell, or expose, or offer for sale, the flesh of any dog, cat, or any unclean animal, or the flesh of any calf, pig or lamb which was slaughtered under the age of four weeks. Art. 1174. (14) That no salt or corned beef or pork com beef; 1 11 1 1 •! • T nn manner of sale. shall be exhibited or offered for sale on any stall except ib. in a clean white tray, not painted, twenty-six inches long, sixteen wide and six inches deep. The occupants of stalls may also keep a tight box or cask of no longer dimensions than a butcher's block for keeping such meat in. No ice box will be allowed in any of the , , *' Ice boxes. public markets except by permission of the City Council, and then same shall be required to be at least six (6) inches from the ground and placed on rollers. 478 MARKETS. Stands, tables, Art. 1175. (15) That all stands, tables, blocks and lb. boxes used in the public markets shall be required to be at least six (6) inches from the ground, and all blocks and boxes to be placed on rollers. Occupants of Art. 1176. (16) That each and every occupant of stands to fur- ^ ^ J f nish covered fruit. Vegetable, meat and fish stands or stalls in the tubs for refuse, it i <.!• €tc. several public markets of the city are hereby required to * furnish a covered tub or barrel to be placed under or at such place as will be most convenient to their respective stands or stalls, in which they shall deposit all refuse, offal, waste or cast-off articles in which they may be dealing as occupants of said stands or stalls, and under no circumstances shall any such occupants of any such stands or stalls be permitted to place any of such refuse, offal, waste or cast-off articles on the floors or flags of said markets, under the penalties stipulated in section 32 of this ordinance. Fruits and Art. 1177. (17) That no fruit or vegetables shall be vegetables, ^ ^ ° time of wash- washcd iu auy of said markets between noon and raid- ing. lb. night of any day. Art. 1178. (18) That no oysters shall be sold in any ^^' of the public markets of this city. Fires. Art. 1179. (19) That it shall not be lawful to light or ^'°' keep any fire in any public market, except the burning of oil, spirit, gas or charcoal ; and those only for the purpose of heating or cooking chocolate, tea, milk, coffee and such other articles of food as are permitted to be sold under market ordinances. Collection of Art. 1180. (20) That the lessee or lessees or contractor enuls.*"*' """ for any public market in the city of New Orleans is en- Amended b'y titled and authorized to collect daily, under contracts to ^^hn?sl\^^' ^^^t effect or otherwise, the full amount of such dues or revenues, as specially provided for in the various ordi- nances of the city of New Orleans, and in default of the daily payment under contract of the amount of fees due daily by the occupant of any stall, stand or space in any public market or markets under contract with the city of keepers lop^y! New Orlcans, the lessee or lessees of any public market or the contractor with the city of New Orleans under rights of a public market lessee, shall have the right to Oysters. MARKETS. 479 Penalty. take immediate possession of any stand, stall or space in any of said markets, and, upon a refusal of any per- son claiming possession thereof, shall be considered a trespasser and subject to arrest under the laws of the State of Louisiana and city of New Orleans. * Art. 1181. (21) That it shall be unlawful to sell or intoxicating •offer any intoxicating liquors in any public market. ''orTko. 4155 Art. 1182. (22) That no peddler shall be allowed to ^^p^J^^^^^^ offer any kind of meat, ^ame, fowl, fish, vegetables and o^d. No. 4155 fruits for sale in any of the public markets, or within ^Amended by ^ ' Ord. No. 4274, six (6) blocks of same, and that the Commissioner of cs- ^ ' ' Feb, 4, 1S90. Police and Public Buildings or any police officer shall have power to arrest or cause to have arrested any per- son or persons violating the provisions of this section ; said person or persons so offending shall be subject to the penalties stipulated in section 32 of this ordinance. Art. 1183. (23) That power and authority is hereby pry Air Re- given to the market lessees to grant permission to erect AifendeTbrd. dry air refrigerators upon the stalls and stands of the c. s." '°'^^^' public markets of this city. *^*'' ' Art. 1184. (24) That occupants of stalls and stands Disposal of shall furnish, under the penalties stipulated in section 32 ° ord.^No. 4155 of this ordinance, a sufficient number of covered barrels ' " or tubs, to contain the daily offal from the stands and stalls in the said markets, and all occupants of stands or stalls are required to throw such offal into the covered barrels or tubs thus furnished, and that the superin- tendent of the district for cleaning the streets shall cause the same to be disposed of as in the case of other daily oft'al, by 2 o'clock p. m. No offal or refuse from any meat, fish, fruit or vegetable stall or stand shall be thrown on the floor of the market, or into the gutters or streets, under the penalties stipulated in section 32 of this ordinance. . That during the half hour immediately after the Cleaning stalls, closing of said markets, the butchers or other persons hiring or occupying their respective stalls, stands and tables shall be bound to scrape, wash and cleanse the same, so as to keep the said stalls, stands and tables in the highest state of cleanliness, and every person 480 MARKETS. Time of leav- neglecting to comply punctually with the conditions of this section, or who shall not quit the said market at the hour specified, shall be subject to the penalties stipulated in section 32 of this ordinance. Weights and Art. 1185. (25) That no scales, weights or measures measures. / o lb. shall be used in any of said public markets unless same are proved and stamped in accordance with law. Wagons for ^jjrp USQ. (26) That each and every cart or wagon conveyance ot ^ ■^ - „' o vegetables, ^^ for the couveyancc of vegetables to the public markets of this city shall have the right to back up to the ban- quettes alongside of said markets ; provided, however, that between the hours of 7 o'clock A. m. and 2 o'clock p. M. they shall not be permitted to make sales there- from, but may deliver goods previously sold to occu- pants of stalls or stands during any hour, and no market fees or dues shall be collected from said wagons; and provided further, that in taking their positions they be separated at least three feet in order to allow pedes- trians to cross from one side of the street to the other, and that any violation of the above shall subject the offender to the penalties stipulated in section 32 of this ordinance. si^e^^mwke't ^^'^' H^^- (^7) That party or parties purchasing the limits. ^^ right to collect the revenues of the markets under this ordinance shall agree, and it will be so stipulated in the notarial contract between the city and said party or par- ties, that no comestibles, nor goods, nor merchandise of any nature or kind shall be sold outside of the limits or space covered by the roof of the market hereby leased, and according to the plans of the public markets now on file in the office of the City Surveyor any party or par- ties exhibiting, offering for sale or selling any such arti- cles on the sidewalk or on the public walks in front, in the rear or around any of the markets sold under this ordinance shall be subject to the penalties stipulated in section 32 of this ordinance, and for any such exhibi- tion, offer for sale, or sale there made by authority of the contractor or contractors hereunder, they shall be subject to the penalties stipulated in section 32 of this ordinance. MARKETS. 481 Art. 1188. (28) That no empty boxes, barrels or other ^Empty^boxes, vessels other than specified in this ordinance shall be ^^■ permitted in the markets, and boxes, barrels or other vessels containing articles designed for sale in the mar- kets, which may be bought within the markets, shall be immediately emptied of their contents and immediately removed nnder the penalties imposed in section 32 of this ordinance. Art. 1189. (29) That all new tops of stalls or stands Tops of stalls shall be furnished by and at the expense of occupants of said stalls or stands, and that the same, together with all other improvements, shall revert to the city when the occupant or occupants give up renting the said stalls or stands. Art. 1190. (30) That it shall not be lawful for any Fresh meat, butcher or vendor of fresh meat in any public market Ing^ "" '""^' in the city to bring any fresh meat into any of said markets before the hour of 2 o'clock a. m., nor to leave any fresh meat in any of said markets after the closing of such markets on any day between the 1st of May and the 1st of October. Art. 1191. (31) That it shall be the duty of the Com- ordinance to missioner of Police and Public Buildings to cause to be ^ ^°''** ' ib. posted up in each of the several markets in this city six copies of this ordinance — two in English, two in Ger- man, two in French. Art. 1192. (32) That any person who shall be found Penalty, guilty before the Recorder of the district in which the offence is committed of any violation or evasion of any of the provisions of this ordinance, for which a penalty is not otherwise provided, shall be fined not more than twenty-five dollars ($25) and in default of payment of the fine imposed, to imprisonment in the parish prison for a term not exceeding thirty (30) days. Art, 1193. (33) That each day any party shall con- separate of- tinue to violate the provisions of this ordinance shall *"*^^*' ib. constitute a separate offence. Art. 1194. (34) That nothing herein contained shall saie of truus, be construed as giving the lessee or lessees the right to ttlrei' * "" ° "" interfere in the sale of fruit from stores or stands in the 482 MARKETS. city of New Orleans ; provided, that when such stores are located within the prescribed limits, fruit only shall be sold therein. Repealing Art. 1195. (35) That all ordinances or resolutions, or ^ ""^*' lb. parts of ordinances or resolutions, contrary to or in any wise conflicting with the provisions of this ordinance, be and the same are hereby repealed. ord'So' ^^'^' ^^^^' '^^^^ f^om and after the passage of this *^*A'riiii iSo ordinance the unoccupied space in the Bazaar Mar- ket be and the same is hereby set aside for the use of florists, provided all laws and ordinances governing the markets are complied with. Aiterine, in- ^rt 1197, That any person who shall without au- juring, chang- •' '^ ing or remoy- thority and express consent of the city of New Orleans, ing any public •/ r- ./ 7 •naj^et. in a rcgularly adopted and promulgated ordinance or ^^Ari jg^^ resolutions hereafter adopted and promulgated, giving special right and authority so to do, change, alter, injure or remove, or attempt to change, alter, injure or remove, any public market of the city of New Orleans, or in any manner meddle or interfere therewith, or change the site or location thereof by force or by taking the same or any part thereof away from its present site in any manner or by any means without having first ob- tained authority as aforesaid, or any person, agent or employee or workman who shall aid or assist in the commission of any of said acts shall be deemed guilty of an offence against the city of New Orleans, and on conviction in any court having jurisdiction of offences against the city of New Orleans in violation of its or- Penaity. diuanccs shall be each fined not more than $25 and im- prisonment for a term not less than thirty days for each offence and violation of this ordinance. That all or- dinances or parts of ordinances in conflict with this or- dinance are hereby repealed. Claiborne Art. 1198. That the public market of the city on Clai- Market. . p m i j Ord. No. 4456, borne street, near the junction of lulane avenue and *Aprii 29, 1890. Claiborne street, known as the Claiborne Market, is at its present site indispensable for the convenience, use and comfort of the inhabitants of the city and to the income and revenues of the city, and that the present MARKETS. 483 site and location thereof can not be changed without im- pairing the comfort, convenience and health of said in- habitants, and that said public market house shall con- tinue and remain on and at its present site, which is hereby again dedicated to that use, and shall continue a public place and market by express dedication made under and in the exercise of the public and . municipal power vested in law in the government of the city of New Orleans to provide for the health, safety and com- fort of the inhabitants thereof and control of all public ways, places and markets. Art. 1199. (2) That all ordinances or parts of ordi- , Repealing ^ ' ^ clause. nances in conflict with this ordinance be and are hereby ib. repealed in so far as they conflict herewith, and that the city Attorney City Attorney is directed to take prompt proceedings in «nst'-«c«ed. ^^ the courts to prevent and punish any trespass on the site so dedicated to said public market or any interference with said market house, by any person or corporation whatsoever, and that this ordinance be in force from and after its adoption and promulgation. Art. 1200. That the Comptroller be and he is hereby comptroller '■ -^ to advertise. directed to advertise for ten (10) days in the ofiicial oi^- No. 7298, journal for sealed proposals for the sale of the revenues Mar. 14. 1893. or lease of the several public markets of the city, as fol- lows, viz. : Algiers Market, Claiborne Market, Dryades Market, Delamore Market, French Meat Market, French Fish and Vegetable Market, French Fruit Market, Guil- lotte Market, LeBreton Mai-ket, Magazine Market, Ninth Street Market, Pilie Market, Poydras Market, Shaks- peare Market, Soraparu Market, St. Bernard Market, Treme Market, Washington Market, one-half of St. Mary's Market, furthest from the river. The same to be sold in bulk, and the adjudication shall be for the term of three (3) years, commencing and to be com- puted from the first day of May, 1893, and ending on the thirtieth day of April, 1896, inclusive. Art. 1201. (2) That the lessee or lessees, or purchaser payments, or purchasers of revenues of the said markets bind ^^' themselves to pay into the City Treasury, in cash, cur- rent money of the United States, for the month of May, 484 MARKETS. 1893, on signing of contract, a sum ecjual to one thirty- six (1-36) of the entire sura bid for the lease of the said public markets for three (3) years, and for the remain- ing thirty-five months shall furnish notes of equal amounts, aggregating total amount of bid, made paya- ble to the city of New Orleans, on the fifteenth (15) day of each month preceding the month for which they are given ; the said notes to be endorsed to the satisfaction of the Mayor and the committee on finance of the City Council. Repairs. ^^ ^jj^ ^202. (3) That the lessee or lessees or purchasers of the revenues of the said markets shall in addition to sum specified in their bid, pay to the city of New Or- leans the sum of twenty-thousand ($20,000) dollars in three equal instalments of six thousand six hundred and sixty-six and .66^3 dollars ($6666.66%) ea«h, as follows : The first instalment shall be paid within six (6) months from the signing of the contract, and the second and third instalments shall be paid within one and two years respectively, after maturity of the first instalment; said twenty ($20,000) thousand to be ex- pended by the city of New Orleans through the Com- missioner of Police and Public Buildings in repairing and keeping in repair the said public markets; said work to be done under specifications to be made by the City Surveyor. A failure on the part of lessee or lessees or purchaser or purchasers to promptly pay the said twenty-thousand ($20,000) as above provided for shall work immediate forfeiture of this contract, and the city will at once be authorized to assume the control and management of said markets. Forfeiture for ART. 1203. (4) That it shall be stipulated in said con- non-payment ot notes. tract or lease, and agreed upon by said lessee or lessees, or purchaser or purchasers, that in the event of the non- payment of any of the said notes at maturity the said lease shall thereby be forfeited and become null and void at the option of the Council, and the Council may re-enter upon the possession of said markets without legal proceedings, and may readjudicate the same for the unexpired term of said lease by public auction for amount MARKETS. 485 and at the risk of the defaulting purchaser or purchas- ers or lessee or lessees, and without indemnity. Art. 1204. (5) That the person or persons to whom the abYe°*etr"with revenues of any of the public markets may be sold shall °^' ^it""coun" not sell, transfer, set over or assign his or their right, <=•'• ^^ site or interest in the same to any person or persons whatever without having previously obtained the consent of the City Council. Art. 1205. (6) That the purchaser or purchasers or shaii sign lessee or lessees of said markets and the endorsers of tract, said notes, as above provided, shall all sign the notarial contract as above specified, and in said act it shall be stipulated : 1. That on the non-payment of any of said notes at stipulations, maturity all the subsequent notes shall immediately '^' come due and exigible. 2. That said notes shall be payable only in current money notes of the United States. 3. That the makers and endorsers of said notes renounce and surrender all right to set up in compensa- tion or set off against the city any claim of any kind or nature whatsoever that they now have or may hereafter acquire against the city of New Orleans, and that the said makers or endorsers bind themselves not to make any attempt to violate the provisions of this section under a penalty of one thousand dollars ($1000), for which they bind themselves in solido. Art. 1206. (7) That the city reserves police control of Police control, said markets, and to compel the enforcement of all existing ordinances and those which may hereafter be adopted by the City Council ; provided, that nothing in this ordi- nance shall be so construed as to exempt from liability the said lessee for any acts of oppression by said police toward farmers who make sales of their vegetables at said markets. Art. 1207. (8) That all ordinances or parts of ordinances Repealing in conflict herewith be and are hereby repealed, and the*^ ^"^^" ib city reserves the right to reject any and all bids. All bids must be accompanied by a deposit of five thousand dollars ($5000) as an evidence of the good faith of the ^^°'"' ib. bidder. 486 MARKETS. c°s.%?rmtnd.' ^^T. 1208. (9) That Ordinance No. 4155, C. S., as |£to remain in amended by Ordinances Nos. 4274, 5917 and 6691, C. S., ^''•bein^an ordinance for the government of the public markets of the city of New Orleans, shall remain in effect, and the lessee or lessees or contractors shall ac- cept the same and be bound by the provisions thereof. Acceptinpbid Art. 1209. That the bid of J. H. Hinrichs for the pur- Hchs. ■ '" chase of the revenues of the public markets, at the price c. s.' °'^^^ 'of one hundred and ninety thousand two hundred dol- pn I .'893. j^j.g (^190,200) per annum, under the terms and specifi- cations of Ordinance No. 7298, C. S., the said right of col- lection to extend for a period of three years, commencing from the 1st of May, 1893, to the 30th of April, 1896, inclusive, be and the same is hereby accepted, and the Mayor is hereby authorized and directed to enter into a notarial contract with tha said J. H. Hinrichs, embody- ing the provisions of this ordinance and Ordinance No, 7298, C. S. Repealing Art. 1210. That Ordinance No. 5587, C. S., be and is c^s. °' ^'hereby repealed, same being in conflict with existing c. s. " '*' market lease and ordinance authorizing same. Nov. 17, 1894. ST. MARY'S MARKET, Repealing Whereas, the St. Mary's Wholesale Fruit and Vege- in reference^^io table Market Company, Limited, have failed to comply Market, and^th- with the provisious of contract entered into between the of a'^whoiwaie city of Ncw Orlcaus and Jose Raymond, under Ordinances tabie^marker' Nos. 4399 and 4779, Council Series, which said rights c. s.' °' *^^ have been transferred to Ihe said St. Mary's Wholesale Nov, 7, 1893. Fruit and Vegetable Market Company, Limited, and rec- ognized by the city of New Orleans, by virtue of Ordi- nance No. 5788, C. S,, in this, that the said company has failed after the extension of the period named in which the construction of the building of said market house should be completed ; therefore. Art, 1211. That Ordinances Nos. 4265, 4399, 4653, 4779, 5774, 5788 and 6964, Council Series, and all other ordinances relative to the construction of said market house, be and the same are hereby repealed, and all MARKETS. 487 rights and privileges granted thereunder be and are hereby revoked. Art. 1212. That one-half of the St. Mary's Market be st. Mary's and the same is hereby set aside for a wholesale and re- or*d!''No. 10,738, tail fruit and vegetable market, and the City Engineer M^y 14, 1895. be and he is hereby directed to prepare plans and speci- fications for same. Art. 1213. That the City Surveyor be and he is here- pubiic Market by directed to prepare specifications for a one-story s°q^u\"r'^s market house to be built on the two squares of ground Petersf^^Fii^ bounded by Peters, Fulton, Front, North Market and an^dNorTh South Market streets in lieu of specifications for said ut^et^s.^ market house embodied in contract with Jos. Raymond c^g^ ^*'"*^^^* under Ordinance No. 4399, C. S. ' ^"^- ^' '^■ Art. 1214. That upon completion and approval of the said specifications by the City Council the said contract shall be so amended as to conform with the new specifi- cations for a one-story market house. Art. 1215. That the specifications prepared and com- specifications pleted by the City Sui-veyor as per Ordinance No. '^6^S,'^^^fJ^'i:^^°: C. S., for a one-story market house to be built on the Pord!*No. 4779, two squares of ground bounded by Peters, Fulton, ^^Jct. ^^ ,890. Front, North Market and South Market streets, in lieu of specifications for said market house heretofore made under Ordinance No. 4399, C. S., be and the same are hereby approved, and that the contract made under said Ordinance No. 4399, C. S., be amended to conform with said new specifications. PRYTANIA street MARKET. Art. 1216. That the Comptroller advertise in the offi- Erection of cial journal during fifteen days for sealed proposals for ^uh i^^'s* t! building a market house in that portion of the city of ^n"'* v^efce New Orleans included within St. Charles, Magazine, streets.^""*** Valence and Soniat streets, in the Sixth Municipal c°sf' ^*'"*^^^' District, said work to be adjudicated to the bidder AmendLci' Sd! who shall assume to erect the same, in accordance with l*^"" '*^'' ^' plans and specifications on file in the offtee of the City Surveyor, upon his own land. The space to be occu- 488 MARKETS. pied by the building to contain not less than 6000 square feet and to be so situated as to be accessible from all sides, by a street not less than forty feet wide, free from all encumbrances of any nature, in consideration of the transfer to him of the revenues of the market for thirty years from the date of signing contract. The land and construction to become municipal property at the sign- ing of the contract and the ownership to become abso- lute, at the expiration of the time, in the city. The city reserves the right to reject any and all bids. ROCHEBLAVE MARKET. Rochebiave Art. 1217. That the Comptroller advertise in the Ord.No*4778', official journal during fifteen days for sealed proposals Oct. 7, 1890. for building a public market in that portion of the city of New Orleans included within Miro, Salcedo, Orleans and Canal streets, in the Second Municipal District; said work to be adjudicated to him who shall assume to erect the same at his own expense, in consideration of the transfer to him of the revenues of the market for thirty years from the date of signing the contract, upon his own land, in accordance with plans and specifications on file with the City Surveyor. The space to be occupied by the building to contain not less than 3000 square feet and to be so situated as to be accessible from at least two sides by streets not less than forty feet wide, and from the other two sides by alleyways not less than ten feet wide. The land and construction to become municipal property at the signing of the contract and ownership to become absolute at th^ expiration of the time in the city. The city reserves the right to reject any and all bids. Rejecting Art. 1218. That the bids from Mcssrs. Johu Triscoui Triscon^i a'ii d and Fcrgus Kernan for the construction of a public ord. No. 5839,' market submitted under Ordinance No. 4778, C. S., be bee. 8, 1891. and the same are hereby rejected. Repealing -A^^T. 1219. That Ordinance No. 5718, C. S., instruct- ord^ No. 671S, • jjg ^Yie Comptroller to advertise for bids for the con- ^^- struction of a public market be and the same is hereby repealed. MARKETS. 489 Art. 1220. That the Comptroller be and is hereby ^f^^'^/^i'jj; «f directed to re-advertise for five (5) days for bids at^^ Esplanade avenue. Ord. 6131. Durie, Jean Marie. Liberty, near Calliope. Ord. 6131. Darm & Lafauvere, St. Charles and Xapoleon ave- nues, privilege to expire Oct. 1, 1892. under Ord. 6635. Ord. 6297. Derbau, Baptiste, Dauphine, near Jourdan avenue. Ord. 6297. Delord, John, Fourth and Locust. Ord. 6505. Dantoni. V., Dumaine street, upper end Bazaar Market. Ord. 6811. Duene, G.,Tonti, between frsulines and St. Philip. Ord. 6836. Ducdut, Jean Marie, Prytania and Antonine. Ord. 6868. Ducamp. F. M., Antonine and Prytania. Ord. 6937. D'Arms. Dan, Milan, between St. Charles and Car- ondelet. Ord. 6938. Dies. John, Laurel and Second. Ord. 6954. Dubuc, Gus., 225 Customhouse street. Ord. 6506. Dofet, Dominique, Palmyra and Rocheblave. Ord. 6506. Ducueng. Jean, Eighth and Carondelet. Ord. 6637. Ducamp, F. M., Carondelet and Amelia. Ord. 6131. Estrade, John M,, Prieur. between Hospital and Barracks. Ord. 6452. Even, J. A., St. Claude and Feliciana. Ord. 6637. Esguerre, J. Marie. Carondelet and Toledano. Ord. 6057. Fousse. John A., Clio and Howard. Ord. 6073. Faller. Martin, Fulton and Sixth. Ord. 6073. Taber, Anthony, Fourth and Mary. Ord. 6073. Frichon, John,' and Frank Messina, Sixth and Chip- pewa. Ord. 6031. Ferrar, Jean, Prieur and Tonti. Ord. 6131. Fehrenback, Seymour, Second and Constance. Ord. 6131. Frelot, A. F., Jackson and Monroe. Ord. 6753. Furan, Bertrand, Greatman and Flood. Ord. 6785. Ferrand, Oscar, 73 Miro. MARKETS. 497 •Ord. 5984. Glouner, John, Magazine, between Amelia and Pen- iston streets. Ord. 6131. Glaudi, Jos., St. Ferdinand, between Dauphine and Burgundy streets. Ord. 6131. Guma, Alphonse, 1045 St. Charles street. Ord. 6908, Guina, A., Milan and Carondelet streets. Ord. 6057. Hoeffnor, Peter J., Valniont and Laurel streets. Ord. 6131. Henry, John, Magazine, near Webster street. Ord. 6820. Herbert, Elysee, Pacitie and Evelina streets, Fifth District. Ord. 6953. Jordan. Sidney. Madison and Newton streets, Fifth District. Ord. 6047. Krewet, Henry, Upperline, near Jersey street. Ord. 6585. Kinler, Octave, Rampart, between Clouet and Mon- tegut streets. Ord. 6685. Klar, F., Mystery and Esplanade streets. Ord. 6686. Kinlar, Octave, St. Thomas, between Thalia and Melpomene streets. Ord. 6047. Laporte, J. B., Washington and Chippewa streets. Ord. 6057. Lacour, Frank, Felicity and Fulton streets. Amend- ed by 6250. Ord. 6073. Ledoux, Alphonse, 13 Ann street. Ord. 6131. Lettinghauser, Philipp, Mandeville, between Vic- tory and Chartres streets. Ord. 6131. Larie, P., Prieur and Barracks streets. Ord. 6131. Lafauvere & Daron, St. Charles and Napoleon avenues. Ord. 6467. Lannes, B.. 46 Celeste street. Ord. 6501. Leithman, Valentine, 892 Laurel street, near Henry Clay avenue. Ord. 6506. Laguens, Jas., 46 Religious street. Ord. 6748. Loge, Daniel, Tonti, between Lapeyrouse and On- zaga streets. Ord. 6751. Larassin, Noel, 407 St. Ann street. Ord. 6817. Lafontaine, A., Bourbon, between Morales and Urquhart streets. Ord. 6906. Lambert, H. L., Hospital, near Burgundy street. Ord. 6907. Lafargue, Jean, 466 St. Claude street. Ord. 6057. Monledous, Mrs. Bap., Antonine and Laurel streets. Ord. 6057. Marcade, Zacharie, Miro and Dumaine streets. Ord. 6057. Monledous, Louis, Joseph and Magazine streets. Ord. 6057. Mailhes, Louis, Jersey, between Austerlitz and Constantinople streets. Ord. 6057. Muller, Joseph, Lyon and Laurel streets. Ord. 6073. Munhausen, Aug., 326>^ Magazine street. Ord. 6073. .Munhausen, Aug., Clouet and Goodchildren streets. Ord. 6073. Messina, Frank, and Jno. Trichon, Sixth and Chippewa streets. Ord. 6131. Marriante, Salvator, Alix and Bouny streets. Ord. 6503. Muller, Philipp, Dufossat and Laurel streets. -Ord. 6506. Manvezen, Jean, Washington, between Fulton and Chippewa streets. Ord. 6506. Marcheanti, Jas., Rampart and Union streets. Ord. 6637. Mailhes, Baptiste, Tchoupitoulas, between Valmont and Bellecastle streets. Ord. 6638. Manvizen, Jean, Fulton, between Washington and Sixth streets. •Ord. 6749. Menzberg, Gustave, Roman and Cypress streets. Ord. 6750. Muller, John, Perdido and S. Johnson streets. •Ord. 6801. Milliet, J., Rocheblave and St. Ann streets. 498 MARKETS. Ord. 6818. Mailles, B., and Geo. Christie, Amelia and Laurel streets. Ord. 5975. Xuehio, Jos., Dorgenois, between Canal and Gasquet streets. Ord. 6914. Natal. Dominie, Cypress and Clara streets. Ord. 6131. Ortholan, Alfred, Chartres and Marigny streets. Ord. 6684. Owens, J. J., Tulane avenue and Tonti streets. Ord. 6047. Pare, Paul, 108 Canal street. Ord. 6057. Pongard, Pierre, Broad, between Dumaine and St, Philip streets. Oi'd. 6057. Puderer, Chas., Tchoupitoulas, between Bordeaux and Valence streets. Ord. 6098. Pondata, Aug., Ferdinand, nearDauphine street. Ord. 6098. Pallet, Leonard, Hurst street and Henry Clay av- enue. Ord. 6098 Pallet, Frank, St. Charles avenue and Broadway. Ord. 6452. Pabst, Joseph, Seventh and St. Denis streets. Ord. 6638. Pays, J. M., Johnson and Barracks streets. Ord. 6754. Perova, M. E., Dumaine, between Salcedo and Gay- oso streets. Ord. 6800. Pedelapore, 749 St. Claude street. Ord. 6863. Paysse, L., 196 Bienville street. Ord. 7021. Pronne, Phelix, Florida and Encampment streets. Ord. 5984. Rourk, Timothy, St. Mary and Rousseau streets. Ord. 6131. Rahders, Mrs. A., Bienville and Galvez streets. Ord. 6189. Roemer, Henry, Octavia and Laurel streets. Ord. 6683. Roth, M. J., Henry Clay avenue and Laurel street. Ord. 5984. Senao, R., 66 and 68 Burgundy street. Ord. 6057. Subervllle, Pierre, 413 Canal street. Ord. 6073. Sunmedinger, Mathias, Burdette and Commercial streets. Ord. 6131. Salvato, Geo., Elmira and Eliza streets. Ord. 6131. Salvato, Martin, Peter and Powder streets. Ord. 6189. Sebathir, J. N., 355 St. Philip street. Ord. 6404. Salatte, W. P., Bounv and Evelina streets, Algiers. Ord. 6506. St. Alvery, B., 83 Dauphine street. Ord. 6506. Satuque, F. M., Customhouse and Broad streets. Ord. 6687. Spraul, A., 165 Julia street. Ord. 6813. St. Martin, Wid. Francois, Royal and Mandeville streets. Ord. 6905. Seron, Maurice, Poydras, between Galvez and John- son streets. Ord. 6932. Spahr, John, Verret and Homer streets. Fifth Dis- trict. Ord. 6955. Scarro, Joe, 123 Toulouse street. Ord. 6057. Tortorioe, Joseph, 59 Melpomene street. Ord. 6057. Tujaque, P., Lyon, between Tchoupitoulas and Jersey streets. Ord. 6098. Tonert, John, Camp and Thalia streets. Ord. 6057. Voelkel, Fred., Washington avenue, between St. George and Liberty streets. Ord. 6057. Vidalet, S., Johnson, between Bienville and Conti streets Ord. 6131. Voght, Charles, 864 St. Charles avenue. Ord. 6539. Voekel, Fred.. Seventh and St. Denis streets. Ord. 6752. Vidalet, S., 340 Bienville street. Ord. 6797. Vignes, Leon, Henry Clay avenue and Laurel street. Ord. 6867. Voelker, John, Jordan avenue, between Dauphine and Burgundy streets. MASTERS AND WARDENS. 499 Ord. 7005. Veillon, Louis, Grand Eoute St. John, near Bayou St. John. Ord. 6989. Wagner, Geo. W., St. Denis, near Eighth street. MASTERS AND WARDENS. Act No. 3 of 1877. The Governor, by and with the advice and consent of the Sen- Governor t o ate, appoint as wardens for the port of Xew Orleans, two com- appoint War - ' ^'^ '^ dens of the Port petent persons familiar with sea service; and that said wardens o f New Or- shall hold their otiices for a term of two years. ^^"^" Sec. 2. Be it further enacted, etc., That said wardens shall Duties of Har. keep an office in a central position, and shall cause to be made, in or^aster. a book or books kept for that purpose, an entry of all their sur- veys, to which all persons may have access at reasonable times; and that certified copies of said entries, under the otlicial signa- ture of either of said wardens, shall be admissible in evidence without further proof. Sec. 3. Be it further enacted, etc.. That either of said wardens inspection to shall, when called upon by the master of any ship or vessel ar- I?^^ made by ' f .» J f Hatbormas- riving from sea, inspect the manner in which the hatches of said ters. ship or vessel were secured previous to the opening of the same ^ ' for the purpose of discharge, and shall certify to the condition of the cargo in sight, for which survey and certificate he shall be entitled to three dollars, and for every subsequent survey of the same ship or vessel to one dollar, and for every duplicate certifi- cate to one dollar. Sec. 4. Be it further enacted, etc.. That it shall be the duty of ^j-heir duties said wardens to note the marks, numbers, description and loca- in relation to tion of all damaged goods so surveyed, the cause of damage and good's. ^ ^ the character of the damage and storage. ^^* Sec. 5. Be it further enacted, etc., That it shall be lawful for survey of dam- the wardens jointly to survey damaged goods in store, to certify ^g'^^ goods to the nature of such damage, and to order the sale thereof at ib. public auction, to be advertised twice in two daily papers before the sale, for which survey and certificate they shall be entitled to a fee of ten dollars; and if requii*ed to attend the sale and to certify to the account thereof they will be entitled to a further fee of five dollars. Sec. 6. Be itftirther enacted, etc., That it shall be lawful for Fee for such the wardens jointly to survey the condition of damaged ships or^"'"'^^' j^^ vessels arriving in the port of New Orleans, and to certify to the same, and for said survey and certificate they shall be entitled to a fee of ten dollars, and for each subsequent survey of the same to a fee of five dollars. Sec. 7. Be it further enacted, etc.. That it shall be lawful for the wardens to survey damaged cargo on board of any river 500 MASTERS AND WARDENS. Survey of dam- steamboat arriving in the port of J^ew Orleans, and to certify to on steam- the condition of the same, for which survey and certificate they ''°*'®- ji, shall be entitled to a fee of five dollars. Acts of 1855, page 489. Office, where Sec. 2. That the master and wardens shall keep an office in B*ook to be ^^^^ ^^^Y ^^ New Orleans, and shall cause to be made, in a book kept by them, to be kept for that purpose, an entry of all their proceedings, to which all persons may have access. Certain duties Sec. 3. That the master and wardens, or any of them, shall, of Wardens.^^ jj 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 secured, 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 tificates. his hand how the hatches appeared to him ; for which certiflcate he shall be entitled to two dollars, and for every duplicate thereof one dollar. Not to be in- Sec. 4. That neither the master nor any of the wardens afore- fTiiof boat,* or said shall be concerned, directly or indirectly, in any pilot-boat r * * 'h t t" ^ *^^ with any branch pilot, in respect to the business of his trust. Whenever goods and merchandise, damaged on board of ves- tain^cases. ^^^' sels arriving from sea, belong to different proprietors, but are ad- ^•^^ dressed 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 property so surveyed and sold ; provided, the consignees shall require different sets of certificates for each. Deputies. The wardens of the port of Xew Orleans may appoint deputies ^^* and clerks, but the deputies and clerks shall take the oath pre- scribed by Article 90 of the Constitution, and shall be sworn Oath to be truly and faithfully to perform the duties imposed on the wardens *"^^i86s-2?^'" ^^ the port of Xew Orleans; and the said wardens will be re- sponsible for the acts of their deputies. Goods not be No damaged goods brought to the port of Xew Orleans by any orde'r^^'cft^' the sca-going vessel shall be sold at public auction, except under the Warden^. order and supervision of the master and wardens of the port of p. 26. ^ ° ' ^^' New Orleans, and any auctioneer selling any such goods without said order shall be subject to a fine of fifty dollars, to be sued for and paid over as provided in the previous section. Reclamation Xothing in this act shall in any manner prevent all parties in- *'arties' calf'be terested in any damaged goods, arriving at the port of New Or- made. leans, from compromising all claims for damage without a sale, ■ even when ordered by the master and wardens. Act of 1868, page 22. It shall be the duty of the master and wardens of the port of New Orleans, or any one of them, on being required by the MASTERS AND WARDENS. 501 captain or other interested party, to proceed on board of any Master and ^V a. r d c n s to sea-going vessel, steamboat or barge, and examine the hatches board and ex- or stowage, and condition of the cargo, and shall cause to be ^"^^'^^ vessels, made in a book kept for that purpose a record of all their pro- ceedings, to which all persons may have access, and that said master and wardens, for every survey of hatches, shall be entitled to demand and receive five dollars; for every subsequent survey of cargo, three dollars; and for each certificate issued, one dollar. Sec. 2. Be it further enacted, etc.. That if , after the arrival in Hatches port of any sea-going vessel, the hatclies be first opened without "^p^^"^^ ^^^ ' " a member of the board of wardens be present, and the cargo or Warden, any portion thereof shall come from on shipboard in a damaged condition, these facts shall be presumptive evidence that such damage occurred in consequence of improper stowage or negli- gence on the part of the person in charge of said vessel, and such default shall be chargeable to the owner, consignee, master or other person in interest (as part owner or master) of said vessel, each and all of whom shall be primarily liable for such damage; provided, that stress of weather or accident does not render it necessary that the hatches of a vessel shall be opened after said vessel may be in charge of a pilot at this port. Sec. 3. Be it further enacted, etc., That nothing in this act proviso, requiring hatches to be surveyed by the port wardens shall be construed to apply to river boats or barges. The master and River craft , , ,, ., ,., .T, exempted. wardens may demand and receive the same fees, to be paid by the parties calling survey, when a compromise is made, that they Fees. would receive had no compromise been effected. It shall be unlawful for any person other than the said master penalty for and wardens, or their legally constituted deputy, to make any unlawfully act- survey of hatches of sea-going vessels coining into the said port Master or War- of Xew Orleans, or to make any survey of damaged goods coming *^^"^' on board such vessel — whether such survey be made on board or on shore, or to give certificates on orders for the sale of such damaged goods at auction, or to do any other of the acts and things prescribed by law for the said master and wardens to do and perform; and the person doing said illegal and forbidden acts, his instigators and encouragers, shall be liable and bound to pay in solido to the said master and wardens one hundred dollars damages, with costs, for each of said illegal and forbidden acts so done ; and should such illegal and forbidden act be done at the in- stance, procurement and instigation of the master, owner or own- ers, or agent of such vessel, then the said vessel, her master and owners, shall be liable and bound to pay the said master and wardens the said amount of one hundred dollars damages, which amount in each and all of the cases above named may be recov- ered by the said master and wardens, by civil suit before any court having jurisdiction of the parties and amount, and in case 502 MASTERS AND WARDENS. of several violations of the provisions of this act by the same party or parties, it shall not be indispensable to institute a sepa- rate suit for each violation, but the said master and wardens may have and maintain their suit before any court having jurisdiction of the parties and amount for the aggregate amount of damages for which the defendant or defendants may be liable under the provisions of this act. Fines to be sued for by the master and wardens for benefit of Charity Hospital. Acts of 1865, p. 162; Act of 1880, ^o. 99, p. 3. Decisions of Supreme Court. The port wardens of Xew Orleans are not entitled to the ex- clusive collection of the pilotage due to pilots. 3 M. R. 125. The port wardens are by law constituted sole judges of the ne- cessity which requires damaged goods to be sold at auction. 6 N". S. 61. The fees 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 Con- stitution of the United States nor with the act of Congress of 1812, admitting Louisiana into the Union. 10 E. R. 459. The offices of harbormaster and port wardens of the port of Xew Orleans were organized by the act of March 31, 1805. By an act of the 8th March, 1841, the first section of that act, and all other acts providing for the office of harbormaster, were re- pealed so far as they related to the creation of said office ; but the rest of the act of 1805 remains in force. It provides for the police of the port and for the appointment of a harbormaster, port wardens and pilots; assigning to them such duties as were properly to be exercised under the local territorial authority. It received the sanction 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 seaport for the protec- tion and guidance of masters of ships. The statute presents solely a matter of contract; neither 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 An. 389. The principal object for which the intervention of port wardens seems to be considered requisite is to determine when there ex- ists a necessity for a sale, but when that fact is once established the actual sale is always to be made at public auction. 10 An. 796. MAYOR. 503 The provisions of the Act of 1855, organizing a Board of Port Wardens for the port of New Orleans, which allows such port wardens to demand from each vessel arriving from sea the sum of five dollars, whether thetj be called upon to perform any service or not, is not a charge imposed as duty without regard to a corre- sponding and equivalent benefit, and is not, therefore, unconsti- tutional. 14 An. 498; 6 Wal. 31. Not responsible. 18 An. 669. Legislature has right to designate by whom the hatches of sea- going vessels shall be examined. 26 An. 107. Exclusive right survey damaged goods, a monopoly and un- constitutional. 96 U. S. (Otto's) 246; Foster vs. Master and Port Warden of New Orleans. MAYOR. See Sections 19, 20 and 54, City Charter. Art. 1246. That the Mayor be requested hereafter to ^jj^°Pjf °^ °" send certified copies of all ordinances and resolutions Nov^, iSs^. passed by the Common Council to the parties to whom they relate. Art. 1247. That the Mayor be and he is authorized to city seai. have a " seal " ordered for the city of New Orleans, so el's!'' ^** as to enable him to furnish copies of documents to the City Attorney and the several courts. Art. 1248. (2) That the Mayor be authorized to raise ^^J'^yj/ * * any mortgage held by the city upon property subject to o?s.'643.^' ground rent upon the exhibition of the City Treasurer's receipt or certificate showing that the payment required has been made. Art. 1249. The Mayor of the city of New Orleans, as to vote in •^ ♦^ ' corporations. the chief executive of this corporation, whose duty it is 0^3'' s^^^" to protect her interests and see the laws faithfully exe- cuted, is the officer who should represent her interests at all meetings of stockholders or elections for directors in any corporation or company in which, by existing laws, this city may be entitled to vote ; and that he is hereby requested and empowered, in all such cases, to exercise any and all rights to which the city may be en- titled, and to cast the vote of said city at all such meet- ings and elections. 504 MELPOMENE, CAMP AND COLISEUM STREET CULVERTS. paS^mJnVl/u! ■^^'^- ^^SO. That the Mayor is hereby invested with ^l^ll^" "'■'^'" discretionary authority to relieve from the payment of K'^fr* ^^^y license such small shopkeepers or retailers of ^oods — intoxicating liquors excepted — as are using less than fifty dollars of capital in their business — this re- lief to be given only to those who from age, sickness, infirmity or other cause, are unable to earn a living by ordinary labor. drl° isf'^*^*^ ^ ^^'^- 12^1- That the Mayor of New Orleans is hereby ^"|"^'j^j'^7'' authorized to select a druggist to furnish medicines gratis to the poor of the city, and that for the payment of the same the interest accruing from the legacy of S. V, Sickles is hereby appropriated ; any deficiency to be paid monthly by the city on the approval of the Coun- cil. Requiring Art. 1252. That the Mayor be and is hereby author- report business ized and directed to issue an order commanding the Jan., 1879. patrolmen on each and every beat of the city to report "all individuals and firms doing business on the same, the character of the business, whether wholesale or retail, the name of the proprietor or proprietors, and the location thereof. Publication of Okuinances — See Ordinances and Official Journal. Powers and Duties as Executive Head of Police Force AND Board — See Police. Assignment of Court Officers— See Becorders. Remission of Fines, etc. — See Fines, etc. Certain Prerogatives— See Bailroads. Supervision of Balls, Theatres, etc. — See Amusements, Appointments — See Almshouses, Citij Hall, Council, Elections, Library, Offences, Trust Funds, etc., Streets, Wharves, etc. MELPOMENE, CAMP AND COLISEUM STREET CULVERTS. Melpomene Art. 1253. (1) That from and after the passage of *u. canals*. ™ ^ this Ordinance it shall be unlawful for any person or c.s' ■ °'^^^' persons to drive any team, wagon, cart, dray, buggy, Jan, 24, 1 4. ^^j,j,|g^gg Qj. Q^iiep vehicle over or on the woodwork or MERIDIAN LINES. 505 culverts of the Melpomene and Camp street canals, ex- cepting at the intersection of cross streets, under a penalty of from five to twenty-flve dollars for each ^^naity- offence, or imprisonment from five to twenty-five days at the discretion of the Recorder of the First District having jurisdiction. Art. 1254. (2) That the Commissioner of Police and ^ism boards. Public Buildings be and is hereby directed to erect sign boards in conformity with this ordinance, at such place or places along the route of said canals or culverts, as in his judgment he may deem best. Art. 1255. That on and after the passage of this ordi- Unlawful to nance it shall be unlawful for any person or persons to orh. No. 6740, ride any animal, or drive any vehicle, or operate bicycles se'pt. 19,1892. or tricycles, or push a wheelbarrow, or skate on the Schil- linger pavement covering the Camp and Melpomene street culverts ; any violation of this ordinance shall be fined in the sum not to exceed twenty- five dollars or im- prisonment not more than thirty days, or both, at the discretion of the Recorder. Art. 1256. (1) That it shall be unlawful for any per- c amp and son or persons to ride or drive any horse or any animal, cuWe'ru"'" ^'^* or wagon, cart, carriage or vehicle of any kind on the a^^s.' ^°" '^"^' Camp and Coliseum street culverts, from Felicity street ^" '^' '^'' to Erato street, except when crossing at intersections, under penalty of a fine of from five to twenty-five dol- Penalty, lars or imprisonment in the parish prison for from five to twenty-five days. Appropriatiog funds, Ords. Nos. 5175, 6056, 6238, 6335, 6497, 6663. Advertisement for bids. Ords. JSTos. 5129, 5356. 5696. Awarding contract. Ord. Xo. 5805. Ord. No. 4166 repeals Ords. Xos. 3933, 4022 and 4029, C. S. MERIDIAN LINES. Art. 1257. That permission be and the same is hereby Meridian, given to Lieutenant Noble, of the United States Coast ord. no. 3806. Survey, to place near the junction of Basin and Canal, on Canal and Basin streets, stone or granite blocks, on 506 MEDICINE, SURGERY AND MIDWIFERY. which are to be established permanently the lines re- cently obtained by observation made by said officer, ' ' to mark meridian ; ' ' said stones or blocks of granite to be located under the supervision of the City Surveyor, Meridian mon- Art. 1258. The Acadcmy of Science of the city of New ument. Ord. No. 3832. Orleans have made arrangements with Newton Richards, Esq., to furnish the necessary monuments for the es- tablishment of points marking the true meridian in the city of New Orleans. Art. 1259. The advantages to be derived from know- ing the true meridian are very great, as it will be the means of securing a standard with which to compare our compasses and observe their variation. Art. 1260. That the arrangements made as aforesaid by the Academy of Science, with Newton Richards, Esq., be and the same are hereby sanctioned and ap- proved by the Common Council ; provided, the work of laying down the monuments be superintended by the Surveyor — the city hereby binding herself to pay the expenses attending the same; provided, they shall not exceed fifty dollars ($50). METAL GUTTERS— See Buildings. MEDICINE, SURGERY and MIDWIFERY; Act mo. 49 of 1894. To regulate the practice of Medicine, Surgerj^ and Midwifery; to create State Boards of Medical Examiners, and to regulate the fees and emoluments thereof; to prevent the practice of Medicine, Surgery and Midwifery by unauthorized persons; and to provide for the trial and punishment of violators of the provisions of this act by fine or imprisonment, or both; and to repeal all laws or parts of laws in conflict or incon- sistent with this act. Relative to SECTION 1. Be it enacted by the General Assembly of the State of the quahfica- ^ ./ .^ tions of persons J^om'siana, That from and after the promulgation of this act no med^icine,* sur? person excepting those already engaged under existing laws in S'^^y'r^'^^y'^^^^y the practice of medicine, surgery, midwifery and dentists shall practise medicine in any of its departments within the State of Louisiana unless such person shall possess all the qualifications required by this act. MEDICINE, SURGERY AND MIDWIFERY. 507 Sfx'. 2, Be it further enacted, etc.. That after the promulgation Persons prac- of this act any person before entering upon the practice of medi- cine must pre- cine in any of its branches, dentists excepted, shall present to the of"Me*dic?l°Ex^ Board of Medical Examiners, as hereinafter constituted, a diploma aminers a di- from a medical college in good standing; said standing to be de- Medical "^c"© l^ termined by the board, and shall pass a satisfactory examination '^1^^°* ^ °°^ before the board upon the following branches, to-wit : Anatomy, physiology, chemistry, principles of medicine, obstetrics, physical diagnosis, surgery, materia medica and hygiene. The person shall also satisfy the board that he or she is twenty-one years of age, of good moral character, and possesses at least a fair primary education. If said diploma and examination are satis- factory to the board they shall issue to such person a certificate in accordance with the facts. Sec 5. Be it further enacted, etc., That every person practising personsVractit*- midwifery in this State, on the passage of this act, shall, within '°ff Midwifery, ninety days thereafter, register with the Secretary of the Board of Health, in the parish of Orleans, and with the Clerk of the Dis- trict Court in the other parishes of the State, in the manner pro- vided for physicians, giving her age and length of time, and the place or places during, and at which, she has been engaged in said practice, and make affidavit thereto, and shall pay to the. Secretary of the Board of Health in the parish of Orleans, or to the Clerk of the District Court in the other parishes of the State, as the case may be, a fee of one dollar. Said Secretary of the Board of Health of the parish of Orleans, or the Clerk of the District Court, shall issue a certificate to the one so registering, in accordance with the facts herein set forth, upon a blank form to be furnished by the State Board of Health, which shall en- title the holder to practise midwifery in the parish in which said certificate is issued. The Clerks of the District Courts of the parishes of the State, Orleans excepted, shall annually, on the first Monday in January, make returns to the Secretary of the State Board of Health in the parish of Orleans of all such certifi- cates on record in his office. All persons beginning the practice of midwifery in this State b oar d to is- after the passage of this act shall appear before one of the State ®"^ certificates •^ '^ ^ '^ topersons Boards of Examiners and submit to such examination in mid- practising Mid- wifery as the board shall require, and if such examination is ^' ^^^' satisfactory the said board shall, upon the receipt of five ($5) dollars, issue a certificate the same as provided for midwives in practice at the time of the passage of this act, which certificate shall be registered as in the manner provided for midwives in practice at the time of the passage of this act, but for such registration with the Secretary of the State Board of Health, or with a Clerk of a District Court, the holder of said certificate shall be required to pay a fee of fifty (50) cents only. This section does not apply to the so-called midwife of rural districts 508 MEDICINE, SURGERY AND MIDWaPERY. and plantation practice, who, in the sense of this act. are not considered as practising midwifery as a profession. Itinerant Sec. 12. Beit further enacted^ etc., That any itinerant vendor drugs, etc. of any drug, nostrum, ointment, or application of any kind, in- tended for the treatment of disease or injury, or who may, by writing, print or other methods, profess to cure or treat disease or deformity by any drug, nostrum, manipulation, or other ex- pedient, in this State, shall, if found guilty, be fined in any sum not less than twenty-five ($25) dollars and not exceeding one hundred ($100) dollars for each offence, to be recovered in an action of debt before any court of competent jurisdiction, or shall be imprisoned for a term of not less than ten (10) days or more than thirty (30) days, or be both fined and imprisoned. Presumption Sec. 13. Be it further enacted, etc., That any person shall be re- in certain cases, g^j.^^^ ^g practising medicine, in any of its departments, with- in the meaning of this act, who shall append the letters M. D. or M. B. to his or her name, or repeatedly prescribe or direct, for the use of any person or persons, any drug or medicine or other agency for the treatment, cure or relief of any bodily injury, in- firmity or disease. This act shall not apply to farmers and planters when exclusively practising, without compensation, on their employees and tenants. Penahy for Sec. 14. Be it further enacted, etc., That any person practising this^act*^"" °^™^*^^^^'^^' ^° ^°y^^ ^^^ departments, in this State, without first having obtained the certificate herein provided for or contrary to provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty ($50) dollars, or more than one hundred ($100) dollars, or by imprisonment in the parish jail for a period of not less than ten (10) days or more than ninety (90) days, or by both fine and imprisonment for each offence. It shall be the duty of the respective district attorneys to prosecute violations of the provi- sions of this act, before any court of competent jurisdiction. Board shall Sec. 15. Beit further enacted, etc.. That the said boards shall reVoke °ce^rtifi° ^^^® power to revoke any permit or certificate issued by them cates. whenever it shall appear that the physician thus licensed has been convicted of immoral conduct before a competent court. Disabilities Sec. 16. Be it further enacted, etc., That any practitioner of faiifneTo com- medicine, in any of its departments, failing to comply with the ply with this requirements of this act shall not be exempt from jury or mili- tary duty, nor be permitted to collect any fees or charges for services rendered, nor be allowed to testify as a medical or surgi- cal expert in any court in this State, nor execute any certificate as a physician or surgeon, nor to hold any medical ottice, nor to be recogmzed by the State or parish or municipal corporation as a physician or surgeon ; nor shall be entitled to enjoy any of the privileges, rights or exemptions granted to physicians or surgeons by the laws of this State. MACHINE SHOPS AND FOUNDRIES. 509 Relative to practice of medicine and surgery, Act No. 31 of 1882, p. 66; Act of 1880, Xo. 129, p. 177; Act of 1801, p. 113; Act of 1869. p. 146; Act of 1855, p. 417. ^ MILITIA. See Act No. 22 of 1878, E. S., p. 268; Act No. 142 of 1880, p. 204; Act Nos. 15 and 42 of 1892, pp. 25 and 46; Act 61 of 1894, p. 71. MISDEMEANORS— See Offences and Nuisances. MISSISSIPPI RIVER— See Section 73, City Charter. MORGUE. Art. 1261. The morgue keepers shall take possession of and safely keep until the arrival of the coroner of the parish of Orleans the bodies of all deceased persons keepers! brought to said morgue in the same condition as when c. s*^. ' °' ^'^'' received. They shall prevent any person from disturb- *^ '^^' ing or desecrating in any manner whatsoever the bodies of said deceased persons until after examination of said bodies by the coroner or his deputy. They shall per- form all other duties that the said coroner may deem proper for the satisfactory conduction of said office. Art. 1262. That the said morgue keepers shall furnish ^^^^^ a good and solvent bond in the sum of five hundred dol- lars ($500), with sureties satisfactory to the Mayor, con- ditioned upon the faithful performance of said duties. McDONOGH FUND— SeeA lmshouses, Trust Funds, etc. MACHINE SHOPS AND FOUNDRIES. See Forges and Foundries. PEIVILEGES. Ord. 5259. Brown, L. W., machinery, foundiT and ship yard, in square 8, 9, 13, 14, 15, 16, 23, 24, 25 and 26, 33 and 34, bounded by Mississippi river, Olivier, Broadway and Lowerline streets, April 28, 1891. 510 NEW ORLEANS. Ord. 10,249. Brown, J. W., & H. B. Reese, machine shop, 839 Lafayette street, February 2, 1895. Ord. 10,390. Buler & Anderson, brass work, 922 and 924 Maga- zine street, March 7, 1895. Ord. 6783. Clarke, Win. E., 459 and 461 Tchoupitoulas street, October 6, 1892. ^ Ord. 10, .540. Excelsior Brass and Machine Company, smelting furnace, Geo. Hiler & Chas. Kershaw, pro- prietors, 625 Baronne street, April 4, 1895. Ord. 2584. Killeen, Thos., Liberty, between Julia and Girod street, November 18. 1887. Ord. 8273. Maher, Jas., copper, brass and sheet iron machine works, Julia and Magazine streets. November 11, 1893. Ord. 6726. McArdle & Sinclair, foundry and machine shops, Louisiana avenue and Howard street. Septem- ber 21, 1892. Ord. 2584. O'Connor & Revnolds, 103, 105 and 107 Julia street, November 11, 1887. Ord. 8250. Pike, Chas., to remove his iron works from Julia and Magazine to 187 Magazine street, Novem- ber 2, 1893. Ord. 8614. Sutton Bros. & Co.. copper, brass and sheet iron works, 90 Tchoupitoulas street, January 22, 1894, Ord. 9903. Stokes, Boiler and Sheet Iron Manufacturing Com- pany, Limited, Broad, between Perdido and Poydras sti-eets, November 2, 1894. Ord. 1123. Schultz & Wallace, 932 Magazine street, August 6, 1895. Ord. 6849. Thelen, T., blacksmith forge and brass furnace, 104 Tchoupitoulas street, October 20, 1892. 0/d. 7480. Taylor, W. A., machinery. 228 and 230 Magazine street, April 14, 1893. NEW ORLEANS. See Assessors, Attorneys, Boundaries, Comptroller, Commissioners, City Council, City Debt, City Charter, Elections, Employees, Improvement Fund, Jurors, Lands and Levees, Mayor, Or- ganization, Ordinances, Police, Recorders, Sur- veyor, Taxes, Treasurer. ^.^ Urban por- ^jjrp 1263. That the poi'tions of the city comprised D?c ^i ^is f ' wi^^i^ t^^ f oUovring 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 ; following the centre of Canal Marigny to Elysian Fields and Florida avenue; thence NEW ORLEANS. 511 through the centre of Florida avenue to Canal Des Peeheurs, and up this canal to the river. Rural Sections, Ordinance Xo. 391, New Series. Art. 1264. That the Surveyor be and is hereby author- Book of ized and directed to make a book of sketches of all the *' o'r'dl^No. 3834 immovable properties belonging to the city of New Or- ^^"^ ^' '^^*' leans, and whether situated in the city or out of its limits. That the said book of sketches shall be divided into five parts ; one part for the properties situated out of the limits of the city, and the other four parts for the prop- erties in each district. The said book of sketches shall be kept in the office of the City Surveyor, and it shall be his duty to enter, or to have entered, in the said book all the properties now owned, or which may hereafter be owned or discovered to be owned by the city of New Orleans. That the number of the square and the dimen- sions of each piece of ground shall be written in num- bers, and the names of the streets by which the square is bounded shall be mentioned. That a margin shall be left on each of the pages of said book, and in said margin, and opposite to each sketch, it shall further be theduty of the Surveyor to enter : First — From whom the property was acquired and the date of said acquisition, and before what notary or court, and whether acquired by purchase, judgment, donation, or held in trust or in common with any person or corpo- ration. Second — Whether said property is improved or not. Third — The value of said property. Fourth — And when a property shall be sold, to enter the date of the sale, the name of the notary and of the purchaser or purchasers, the price and the conditions of the sale. Fifth — And if the right or title to any property held by the city is questioned, then the name of the person and the date of such pretension shall also be entered. Sixth — And the pretensions of the city of New Or- leans to any piece of property shall also be entered, and the title under which the city pretends to said property. 512 NEW ORLEANS. Art. 1265. That the Surveyor be and he is hereby authorized to employ a draftsman to aid and assist him in preparing and perfecting said book of sketches and all other drafting necessary and required by the city in the Surveyor's department ; said draftsman to receive for his services one hundred dollars ($100) per month, to be paid monthly at the City Treasury. Ordinance No. 3834. Approved April 3. 1858. Act 71 of 1852. To consolidate the city of New Orleans, and provide for thie government and administration of its affairs. Section 1. Be it enacted by the Senate and House of Bepresenta- tives of the State of Louisiana, in General Assembly convened, That all that portion of the parish of Orleans situated on the left hank of the river Mississippi shall be the city of New Or- leans, and that all the free white inhabitants thereof shill be a hody corporate by the name of the City of New Orleans, and by that name they and their successors shall be known in law, and shall be capable of suing and be sued, and of prosecuting and defending in all courts and in all actions and matters what- soever, and may, have a common seal, and may alter and change the same at pleaure, and by the same name they shall be capable of holding and conveying any estate, real or personal, for the use of said corporation, under the restrictions and limitations hereafter set forth. Sec. 2. That the city of New Orleans shall be divided into nine wards, as follows, to-wit: 1. The first ward to extend from the line of the parish of Jef- ferson to the middle of Benjamin, Estelle and Thalia streets. 2. The second ward to extend from the last mentioned limits to the middle of Julia street, until it strikes the New Orleans Canal, thence down the middle of said canal to Lake Pontchar- train. 3. The third ward to comprise the residue of the Second Muni- cipality. 4. The fourth ward to extend from the middle of Canal street to the middle of St. Louis street, until it reaches the Metairie road, thence along the middle of said road to the New Orleans Canal. 5. The fifth ward to extend from the last mentioned limits to the middle of St. Philip street, thence down the said street until its intersection with the Bayou St. John, thence along the middle of said bayou until it intersects the Metairie road, thence along the middle of said road until it reaches St. Louis street. NEW ORI-EANS. 513 6. The sixth ward to be composed of the residue of the First Municipality. 7. The seventh ward to extend from the middle of Esplanade street to the middle of Champs Elysees street. 8. The eighth ward to extend from the middle of Champs J^lysees street to the middle of Enghein street and Lafayette avenue. 9. The ninth ward to extend from the middle of Enghien street to the lower limits of the parish of Xew Orleans. Act 72 OK 1852. Supplementary to an act to consolidate the city of Xew Orleans, and providing for the incorporation of the city of Lafayette with the city of Xew Orleans. Section 1. Be it enacted by the Senate and House of Bepresen- tatives of the State of Louisiana, in General Assembly convened^. That the city of Lafayette be and the same is hereby incor- porated with the city of Xew Orleans for municipal purposes only; that said city of Lafayette shall form part of the city of Xew Orleans, and as such shall be governed by all the laws rela- tive to said city of Xew Orleans, and shall be entitled to all the rights, privileges and immunities enjoyed by said city of Xew Orleans, under existing laws. Sec. 2. Be it farther enacted, etc.. That the part now added to the city of Xew Orleans shall constitute the fourth district of said city, and be entitled to elect one Alderman; and said district shall be divided into two wards, viz : One ward, which shall be the tenth ward of Xew Orleans, shall extend from the upper line of the parish of Orleans to the middle of First street, and shall elect two Assistant Aldermen : and Another ward, which shall comprise the remainder of the present city of Lafayette, shall be the eleventh ward of the city of Xew Orleans, and shall be entitled to one Assistant Alderman ; provided, that the number of Aldermen and Assistant Aldermen aforesaid shall be liable to be changed at each apportionment made by the Common Council of Xew Orleans of the representa- tion of the several districts and wards of said city. Sec. 3. Beit further enacted, etc.. That the said Fourth Dis- trict of Xew Orleans shall form a Fourth Recorder's District and a Fourth School District of said city, and a Recorder and School Directors shall be elected for said Fourth District, in the same manner as for the other districts of said city of Xew Orleans. Sec. 4. Be it farther enacted, etc., That the number of Alder- men of the city of Xew Orleans shall never be less than ten nor more than thirteen, and the number of Assistant Aldermen shall never be less than twenty nor more than twenty-seven, and that each ward shall have at least one Assistant Alderman. 514 NEW ORLEANS. Sec. 5. Be it further enacted, etc.. That the debt of the city of Lafayette shall be assumed and paid by the city of Xew Orleans, and the said city of IS'ew Orleans is hereby declared liable there- for; and the amount of said debt shall be ascertained and its payment provided for and made in the same manner as the debt of each municipality ofXew 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. Sec. 6. Be it further enactnl etc.. All the rights, title and in- terest of the city of Lafayette in and to the lands, tenements, hereditaments, bridges, ferries, streets, roads, wharvs, markets, stalls, landing places and other property of any description whatever, and in and to all goods, chattels, moneys, credits, and all other movable or immovable property whatever, are hereby vested in the city of New Orleans, subject, however, to the same uses, trusts, pledges, limitations, charities and conditions as now exist in relation to said property. Act 7 OF 1870. To extend the limits of the parish of Orleans and to change the boundaries of the parishes of Orleans and Jefferson, and to consolidate the cities of New Orleans and Jefferson, and to provide for the government of the city of New Orleans and the administration of the affairs thereof, and to repeal an act entitled '-An act to incorporate the city of New Orleans," approved February 13, 1852: and to repeal all acts amenda- tory thereto, and to repeal an act entitled ''An act to incor- porate the city of Jefferson." approved March 9, 1850, and to repeal all the acts amendatory thereto, and to provide for the funding of the floating indebtedness of the corpora- tions as consolidated by this act. Section 1. Be it enacted by the Senate and House of Bepresenta- tives of the State of Louisiana, in General Assembly convened. That the following shall constitute the boundaries of the parish of Or- leans, on the left bank of the Mississippi river, viz. : Commenc- ing on the Mississippi river at the Fisher's Canal, thence along the left bank of the Mississippi river to the lower boundary line of the present city of Carrollton; thence along the said boundary line to a point where it intersects the present boundary line of the city of New Orleans; thence along said boundary line to Lake Pontchartrain ; thence along the lake shore to the lower boundary line of the city of New Orleans; thence along said boundary line to the point of commencement on the Missis- sippi river; and that so much of the present parish of Jefferson NEW ORLEANS. 515 as is contained within the aforesaid boundaries is hereby de- tached from the parish of Jefferson and annexed to the parish of Orleans. Sec. 2. Be it further enacted, etc.. That all that portion of the parish of Orleans situated on the left bank of the Mississippi river, and all that portion of the parish of Orleans situated on the right bank of the Mississippi river, shall constitute the parish of Orleans and the city of New Orleans, and that all the inhabi- tants thereof shall be a bodj' corporate to be known by the name of the city of New Orleans, and by that name they and their suc- cessors shall be known in law, and shall be capable of suing and being sued and of prosecuting and defending in all courts and in all actions and matters whatsoever; and shall 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 and personal, for the use of said corporation, xinder the restrictions and limitations hereinafter set forth; and upon the first organization of the Council, as herein provided, shall be vested with all powers, rights, privileges and immunities inci- dent to a municipal corporation, and necessary for the proper government of the same. Sec. 3. Be it further enacted, etc., That the city of New Orleans shall be divided into six districts, to be known and designated as follows : That portion lying between the middle of Canal street and the middle of Felicity streef shall be known and designated as the First District; that portion lying between the middle of Canal and the middle of Esplanade street shall be known and designated as the Second District; that portion lying between the middle of Esplanade street and the lower limits of the city shall be known and designated as the Third District; that por- tion lying between the middle of Toledano street and the middle of Felicity street shall be known and designated as the Fourth District; and all that portion of the parish of Orleans situated on the right bank of the Mississippi river shall be known and desig- nated as the Fifth District; that portion lying between the mid- dle of Toledano street and the lower limits of the present city of Carrollton, thence along said boundary line to a point where it intersects the upper limits of the present citj' of New Orleans, shall be known and designated as the Sixth District. Act 71 of 1874. To annex the city of Carrollton to the city of New Orleans: to provide for the transfer of certain transcripts from the ofhce of the Recorder; the transfer of books, papers, docu- ments and property of the city of Carrollton. and also the public schools to the city of New Orleans; to provide for the debt of Carrollton; creating the Seventh District of the city of New Orleans, and a municipal court; a sanitary district, and repealing the act incorporating the city of Carrollton. Section 1. Be ic enacted by the Senate and House of Bepresenta- 516 NEW ORLEANS. lives of the State of Louisiana, in General Assembly convened, That all that portion of the parish of Jefferson being and lying below the centre of Upperline street of the city of Carrollton, com- mencing at the Mississippi river and extending northwardly along the centre of said street to its terminus, and thence along the centre of the line of the New Orleans and Carrollton Rail- road to Lake Pontchartrain, shall be and constitute the upper boundary line of the parish of Orleans and the city of New Or- leans, and all that portion of the city of Carrollton thus detached from the parish of Jefferson and added to the city of New Orleans and parish of Orleans shall be governed by the Mayor and Ad- ministrators of the city of New Orleans in accordance with ex- isting laws, except so far as not inconsistent with this act. Sec. 2. Be it further enacted, etc.. That the territory of the parish of Jefferson annexed by this act to the city of New Or- leans shall be and remain and constitute a part of the Second Judicial District of the State, and that the terms of court for the parish of Jefferson shall be holden at such place in the parish of Jefferson as may be designated by the police jury, right bank, who are hereby authorized to establish the parish seat of said parish of Jefferson. Sec. 3. Be it further enacted, etc.. That immediately after the passage of this act it shall be the duty of the Recorder of the parish of Jefferson to make out and deliver within the shortest possible time, in good and substantial books or registers, with separate index to each : First — For and unto the Recoi'der of Mortgages for the parish of Orleans, true and correct transcripts of all mortgages, dona- tions, marriage contracts, privileges or other encumbrances that have been inscribed and not erased upon the records of mort- gages of said parish of Jefterson since the creation of said records of mortgages, concerning or in any wise affecting any and all rieal property situated within the limits of that portion of the parish of Jefferson which is annexed by this act to the parish of Orleans. Second — For and unto the Register of Conveyances of the parish of Orleans, true and correct transcripts of all conveyances or alienations of any property lying or being within the aforesaid limits, annexed to the parish of Orleans as aforesaid, that have been registered or inscribed upon the records of conveyances of said parish of Jefferson since the creation of said office of parish Recorder or Register of Conveyances. Sec. 4. Be it further enacted, etc., That the several transcripts When so made and delivered and certified to be true and correct by said parish Recorder shall have the same validity, force and effect as original inscriptions on the records of the parish of Jefferson, and shall form and constitute a part of the records of the respective offices of the Recorder and Register of the parish to ■NEW ORLEANS. 517 which the same is transferred; and the charges and expenses attendant upon the performance of said work shall be paid by the city of Xew Orleans, for which the same is done, as was allowed by law to the Recorder of the parish of Jefferson for such tran- scripts when that portion now known as the Sixth District was annexed to the city of New Orleans. Sec. 5. Be it further enacted, etc.. That all the rights, titles and interest of the city of Carrollton as now existing in and to all lands, tenements, hereditaments, bridges, ferries, streets, roads, wharves, markets, stalls, levees and landing places, buildings and other property of whatsoever description and wherever situated, and of and with all goods, chattels, money, effects, dues, demands, bonds, obligations, judgments and judgment liens, actions and rights of action, books, accounts and vouchers, be and they are hereby vested in the city of Xew Orleans; pro- vided, that all estates, income, funds or property of every description now held in trust by said city of Carrollton. or which shall have been specially pledged or affected by the payment of any debt, shall be held by the city of New Orleans under this act upon and for the same uses, trusts, limits, limitations, charities and conditions as the same are now held; and the debt and all other indebtedness or liabilities of the city of Carrollton, includ- ing the funding and improvement bonds and the bonds issued to the Jefferson City Gas Light Company, and known as the gas bonds and notes, interest coupons, wages, salary due or to become due, warrants or other species of obligations whatsoever, shall be assumed and paid by the city of Xew Orleans, and said city i& hereby declared liable therefor; provided further, that allothcers of said city of Carrollton shall continue as at present constituted to discharge the duties of their respective offices until this act of incorportion can be completed by putting into possession of the proper officers of the city of Xew Orleans the books, papers^ records, documents and other property now belonging to the city of Carrollton and no longer; and after which time all the powers, rights, privileges and immunities possessed and enjoyed by the Mayor and Council of the city of Carrollton shall cease and terminate; and provided further, that the claims or vested rights of any person or persons or company or corporation of said city of Carrollton that have been granted, acquired or received from or against said corporation of the city of Carrollton or otherwise shall not be interfered with, divested or impaired by this act, nor by the citj' of New Orleans without adequate compensation. Sec. 6. Be it further enacted, etc., That the portion of the terri- tory of the' parish of Jefferson, annexed as aforesaid to the city of New Orleans, shall constitute the Seventh District of said city of New Orleans, and for said Seventh District there shall be es- tablished an additional tnunieipal police court, called the Fifth Municipal Police Court, Axtd. Which s'hall haVe jurisdiction over ■518 NEW ORLEANS. all that portion of said city embraced in said Seventh District; and the judge, clerks and other officers of said court shall exer- cise all the rights, powers, and perform the duties in the manner and form and receive the pay and emoluments as now deter- mined and provided by law for the several judges, clerks, etc,, of the existing municipal courts for the city of Xew Orleans; and the Governor shall, immediately after the passage of this act, appoint and commission, for the term specified by law, a judge, clerks and other otlicers for said court, as prescribed by law; and the present Mayor, in his capacity as committing magistrate and Recorder for said city of Carrollton, shall turn over and transfer without delay all books, records, etc., belong- ing to said Mayor's court to the Fifth Municipal Court created by this act. See Act 20 of 1882 for present boundaries. Prohibiting the justices of the peace in the city and parish of Orleans from issuing processes of garnishment against the city of New Orleans and the Board of Metropolitan Police. Justices of the SECTION 1. Be it enacted by the Senate and House of Bepresenta- ?ted*^from'^*issu- ^^"^^^ "/ t^e State of Louisiana, in General Assembly convened, That a"^inst° ^t^ ^ f *^^ justices of the peace within the parish and city of New Or- N e w Orleans leans are prohibited from issuing any process of garnishment or pu ic oar g^g^jjjgj. ^jjg ^jj^y ^f Xew Orleans and the Board of Metropolitan Police, and from serving any citation or interrogatories on the Mayor of Xew Orleans or any officer of said city or -Board of Metropolitan Police or commissioner^ or officers of said Metro- politan Police. Decisions of Supreme Court. 1. The incorporated limits of the city of New Orleans termi- nate at the water's edge, and include no part of the river. 5 La. 466; 17 La. 573. 2. Milneburg, on Lake Pontchartrain, is considered to be with- in the incorporated limi-ts 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 of includ- ing and subjecting them to the police regulations. 13 La. 70. 4. The plan of a portion of the faubourg St. Mary, drawn on the 1st of April, 1778, 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 An. 611. NEW ORLEANS. SID 6. The city of Xew Orleans was founded by Governor Bienville about the year 1718. A copy of the plan which the city has ob- tained 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 distant, and all the intervening space was marked as commons of the city. It was fortified at its founda- tion, and an esplanade was left outside for the use of the fortifi- cations. By Depanger's plan (made May 29, 1724) it will be seen that the city was at that period laid off into parallelograms down to Barracks street, and the barracks were situated at the corner of that street and the levee. The fortifications were main- tained and enlarged from time to time, until the treaty of peace between Prance and Great Britain in 1763, when the province was ceded to Spain. In 1794 Baron Carondelet surrounded the city with new fortifications, in which he was aided by Lareau Trudeau, the surveyor general of the province. 5 An. 724. 7. The City Council possesss the power to remove, as nuis- ances, buildings, etc., which 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, embar- rass or impede the use of the banks of the river or public grounds and squares. 1 Martin 87; 4 Martin 10; 3 La. 563. 8. The corporation of New Oi'leans possess full power to make by-laws to maintain the cleanliness and salubrity of the city, and may abate nuisances, as a private hospital ; and it would re- quire a strong case to induce the court to interfere with its ex- ercise. 5 X. S. 409; 5 An. 747; 10 An. 227. 9. The corporation is authorized to prohibit the sale of oys- ters in the city except in certain designated stands. 2. La. 219. 10. Ordinances of the City Council directing sales of all prop- erty remaining on the levee a longer term than is authorized by the police regulations is unconstitutional' and void; so is the stat- ute 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, 98; 15 La. 1^9. 11. The corporation is the administrator of the dse of the banks of the river, and of the batture outside of the levee, for the gen- eral convenience and the great objects of public utility, and must necessarily possess all the powers and authority requisite to effect those objects; it has a right to all the advantages it may produce, and can make banks and improvements to increase the revenues. It has not only the right to use the earth taken from the batture, In the construction of wharves, embankments 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 520 NEW ORLEANS. to divide it into lots and streets, and to resell the same for the purpose of iniprovinjy 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 siich places as commerce may require is a legitimate exercise of municipal power. 6 R. R. 349. 14. The municipal authorities are bound to preserve unob- structed, 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. 15. Corporations are responsible for exercising, through their officers, in an unskilful and improper manner, powers vested in them by their charter. 5 An. 660. 16. Laws enacted under the State Constitutions, establishing and regulating the municipal rights and powers of Xew Orleans are not contrary to the ordinary acts of legislation. The powers they confer are not franchises, in the original meaning of the 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 ap- plied in all cases like other laws. 1 An. 162; 5 An. 664. 17. The city of Xew Orleans is made, bj"^ 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 ■ preservation of public order, from the force and obligation of which individuals can not derogate by their conventions. 1 An. 435; 3 An. 313; 5 An. 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 delega- tion in the Act of 1805, organizing the city government, the radi- cal 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 jurisprudejice in rela- tion to the political corporations of the State, it is useless to look for our municipal powers elsewhere than our Code, legislation and jurisprudence. 3 An. 294. 19. The tirst section of the Act of 1805, restricting the right of the corporation of Xe\v. Orleans to hold real estate to such as is situated within the limits of the city, does not include slaves. 2 An. 897. 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 An. 294. NEW ORLEANS 521 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 An. 2940 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 Xew Orleans bj' act of March 14, 1816, section 1. and February 17, 1821, section 2. 4 An. 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 is authorized to establish by ordinance a uni- form rate of wharfage, to be paid by ships, steamers, and other vessels moored in front of any part of the city. 2 An. 538. 25. Whatever effect the by-laws and ordinances of a Municipal Council may have, they are not laws passed by the Legislature of a State, and they are not to receive the same strict scrutiny as penal statutes, where they inflict fines as penalties for their con- travention. Section four of the act of March 14, 1816, which provides that "neither the Mayor, Re(!order nor any Alderman 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 rev- enues of the city,'" etc., can not be considered 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 destina- tion to the sinking fund, by which vested rights were acquired that could not, under Art. 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 unconstitu- tional. 6 An. 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 regula- tions must be in furtherance of the public use to which the banks are subjected, and can not be taken advantage for the purpose of forever enjoying the property of the riparian proprietor, which is not necessary for further use. 6 An. 450. 28. The public have the right to use the banks of navigable rivers ; but the right does not authorize the permanent location of a dry dock in front of the land owned by another person. 6 An. 450. 29. The right to establish public places and to change their destination is an attribute of sovereignty which the Legislature 522 XEW ORLEANS. may delegate to corporations. The Legislature of Louisiana has delegated this power to the city of New Orleans without res- ervation. Under the grant it is competent for the city govern- ment to accept a dedication of public streets, and equally compe- tent for it to annul the acceptance before the streets have been opened ; provided, no vested right, acquired under the dedication, is affected by the change. 7. An. 270; 8 An. 145. 30. 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 wliich 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 supported by long continued usage. 7 An. 233; 9 An. 597; 10 An. 81. 31. In relation to public places and streets within the city the municipal authorities represent not only the corporation but also the public. A final judgment against them is a judgment against the public, and no individual can bring the point adjudi- cated again before the courts. 7 An. 498. 32. 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 An. 170. 33. Under the successive Constitutions of Louisiana, the city of New Orleans and its officers have been made permanent func- tionaries of government for all purposes of police and good order and for the punishment of minor crimes and offences. The police and good order of a city include the education of youth and the care of the poor within its limits. 8 An. 171. 34. It may well be doubted whether a servitude of prospect can be established in our modern cities where the squares are con- tiguous and no open space save the streets and public squares are habitually left, except, perhaps, in the case of adjoining lots. The right of perpetual front on the river is a new and unusual servitude, which, even if established by title, would not be recog- nized. 8 An. 145. 35. 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 An. 227. 36. A resolution of the Common Council, directing a city offi- cer to abate a particular nuisance under a general ordinance, is legal, and can not be assimilated to an ordinance inflicting a fine or penalty upon a particular individual. 10 An. 227. 37. The statute of March 18, 1850, creating a distinction be- tween urban and rural property, in preparing the budget of re- ceipts and expenditures of the city of New Orleans, is repealed by the consolidation act of 1852. 10 An. 454. NEW ORLEANS. 523 38. 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 tlie property in the neighborhood. 11 An. 244; 10 An. 431. 39. The several acts of the Legislature giving to the city police powers over the hatture 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 An. 148. 40. The city is responsible for damages occasioned by the tor- tious acts of municipal officers, done within the scope of their employment and ratified by their superiors. In such case, when the evidence is unsatisfactory as to the amount of damages, and the property, of the use of which the plaintiff had been deprived, is of trifling value, only nominal damages will be awarded. 12 An. 15. 41. The principles of law settled the case of Stewart vs. The City of Xew Orleans, 9 An. 461, reaffirmed. Under the authority held, that the city was not liable in the present case for the non- feasance or misfeasance of the officers of the police jail. 12 An. 190. 42. Such portion of the Act Xo. 71 of 1852, entitled ''An act to consolidate the city of New Orleans, and provide for the govern- ment and administration of its affairs,'' as are not contrary to the Act Xo. 164 of 1856, entitled "An act to amend an act entitled an act to consolidate the city of New Orleans, and to provide for the government of the city of New Orleans and the administration of the affairs thereof,"" are not repealed by the latter act. 12 An. 432. 43. Nuisances may exist in the city without rendering the same liable for the consequences. The city at large can not be held responsible for the acts of third persons, which, vmder a more sagacious and efficient police, might jjossibly have been pre- vented. The citj^ is no general warrantor against the acts of in- dividuals. 12 An. 481. 44. The acts of the Legislature, which, in consolidating the three municipalities and the city of Lafayette under one gov- ernment, directed that the debts of each, which were to be as- sessed by the city at large, should alternately be liquidated and paid by taxation of the inhabitants of the respective districts, in proportion to the burden which they imposed upon the new gov- ernment by their respective debts, were not contracts. There was nothing to prevent the Legislature from changing its policy, and providing itwas done by the act of 12th of March, 1856, that the taxes should be equal and uniform within the entire limits of the city. The statute complained of is a liberal compliance with the commands of the Constitution, ahd does not violate any -contract or interfere with any vested rights. As respects muni- 524 NEW ORLEANS. cipal corporations it has always been held that the law of the State creating them and conferring iipon their officers a part of the sovereign authority as mandataries of the government is not a contract, and, as a consequence, that the Legislature may modify such acts of incorporation at its pleasure. 12 An. 515. 45. No remedy is given by statute against a parish for a private injury caused by the absence of bridges or neglect to keep them in repair. Where it was not shown that the police jury of the parish were under a legal obligation to keep the bridge over a certain water course always in repair : Held, they were not liable for damages occasioned by the ruinous condition of the bridge. 12 An. 858. \ 46. The Legislature had the power to abolish entirely the cor- poration of the former city of Lafayette, until it became incor- porated in the city of New Orleans, and was finally projected as a part of the same by the Constitution of 1852. 12 An. 515. 47. Corporations possess only jura minoram. They have not the power of contracting on all subjects like persons of full age and sui juris. Having only such powers as are conferred by their acts of incorporation, they can not be bound by contracts made by those not authorized to represent them. The city cor- poration can not be bound for any contract made without its au- thorization expressed by a resolution of the Common Council. 12 An. 496. 48. Where it is alleged that a municipal corporation has ex- ercised a lawful power in an injurious and malicious manner, the presumption will be in favor of the propriety and good faith of the acts of the corporation, and a complainant must make out a clear case of wilful oppression to obtain relief from the courts. 13 An. 426, 49. The section of the act of the 20th of March, 1858, entitled "An act relative to judicial mortgages against the city of New Orleans," which provides that no inscription of a judgment against the city shall operate as a judicial mortgage is not in violation of the article of the Constitution which declares that no law shall be passed impairing the obligation of contracts. 13 An. 504. 50. In an action against the city corporation to recover dam- ages for injury done by a mob, when the defence pleaded with a general denial. Held, that under the pleadings the city might prove, in mitigation of damages, that the plaintiffs had exposed their property in the public markets in violation of an ordinance of the city requiring the markets to be closed at the hour when the injury was done, but that such evidence could not be received as a complete bar to the action. 14 An. 115. 51. A municipal corporation is not liable for damage done to- private property unless the act which caused the damage was- NEW ORLEANS. 5^5 •dpne without the authority, or, being authorized by law, was im- properly or wantonly executed. 14 An. 120. 52. Where a public square is bounded on one side by private property the owner can not requix-e that the town authorities, when the square is enclosed, should leave a space for a public way between the enclosure and the line of his property. 14 An. 152. 53. Where a municipal corporation was sued for an act of ■omission or non-feasance in not repairing a draining machine for public utility, by which neglect plaintiffs premises were overrtowed and his property damaged. Held, that as the act complained of involved the disbursement of the corporate revenues, it was a matter of discretion with the corporate authorities, and if plaintiff was damaged it was clammim absque injuria, and he was consequently without sufficient cause for action. Held, also, that a corporation in such a case may avail Itself of this exemption from the suit under the plea of general denial. 14 An. 920. ' 54. An ordinance of the City Council, ordering a blacksmith's «hop to be closed as a nuisance, is authorized by law, and may be carried into effect by an injunction restraining the owner from continuing it. 14 An. 247. 55. The power of the municipal corporation to make con- tracts for the pavement of streets at the expense partially of the proprietors is clear. In the absence of proof of fraud, the ac- ceptance by the corporation of work which it was authorized to contract for is prima facie evidence against the defendant, so far as relates to its completion and the manner in which it was done. 14 An. 297. 5b. Where plaintiff received warrants for money due him on a contract, without objecting or taking them under protest that they were not for the whole sum due, his endorsing the warrants will preclude his claiming afterward that they were not drawn for a sufficient amount. 14 An. 389. 57. A party shovild not suffer by an omission from the specifi- ■cations of a contract, when those specifications were drawn up by the opposite contracting party. 15 An. 667. 58. In the absence of proof to the contrary, it will be presumed that the city authorities have complied with the formalities of the law in making a contract: omnia prfeaumuntur solemnitur esse acta. 17 An. 185. 59. The city of New Orleans is liable for the damages done to property by mobs in riotous assemblies. Act of the Legislature, approved 9th March, 1855. 20 An. Rep. 410; 23 An. 507; 28 An. 936; 32 An. 578. - 60. An injunction against the city of New Orleans may be dis- solved on motion without bond. The statute exempting the city from giving bond in all judicial proceedings, to which she is a 526 NEW ORLEANS. party, is general, and applies to the dissolution of injunctions. 20 An. Rep. 300. 61. The city of New Orleans, having decided that it was to the public interest to become the oicner of the soil necessary to con- struct a levee and establish a public road, adopted the mode of expropriation prescribed by law by empaneling a jury of free- holders. The jury made their report of the quantity of ground necessary for the contemplated levee and roads and estimated the value thereof. Held, that the city having elected this mode of proceeding she is bound by the rules and regulations prescribed in such cases. 20 An. Rep. 394. 62. The right of the city to employ an attorney at law conver- sant with city affairs, to facilitate the collection of debts due her, is unquestionable, when in so doing she does not infringe on any of the rights of her officers. 20 An. Rep. 172. 63. The law of 1856, section 131, page 136, exempting the city of Xew Orleans from giving bond in litigations to which she is a party, does not apply to the Treasurer or other officers of the city. The statute exempting the corporation from giving bond is an exceptional one, and can not be extended to other parties than those mentioned. 21 An. Rep. 177. 64. Contract debts must provide means of paying. 29 An. 678; 30 An. 35; 33 An. 79, 386; 36 An. 430. 65. Must pay contract judgments. 32 An. 726, 884; 33 An. 79, 1180, 1248; 34 An. 43, 95. 204, 368, 491, 673, 1150. 66. Liability for damages. 28 An. 688; 12 R. 674; 3 An. 645. 67. The city having reserved in their proposals the rejection of any and all bids has that right without incurring any liability. 26 An. 754. 68. A duly authorized contract will be enforced against the city if the means of payment provided in the contract should fail, not due to the laches or fault of the contractor. 41 An. 839. 69. A municipal corporation after remitting the bomis and re- ceiving taxes in lieu of same can not recover bonus, however true it be that the immunitj^ from taxes was illegal. It can not claim both. 28 An. 497; 35 An. 548; 36 An. 432; 41 An. 904. Interpretation of contract. 35 An. 273. 70. Failure to pay cash justifies abandonment of contract. 35 An. 523. 71. Salaries of officers can not be diminished by resolution of Council. 34 An. 128. 72. Salaries of clerks, etc. 37 An. 894. 73. Power to remove. 35 An. 1075. 74. Taxation. 32 An. 709; 33 An. 79, 567. 75. The Legislature can not so alter the charter of a corpora- tion as to affect the rights of third persons previously acquired under the charter. 30 An. 1371. NEW ORLEANS. 527 76. Mandamus to compel levy of tax. 34 An. 477; 85 An. 68, 221.781. 77. Change of charters does not affect identity of corporation. 39 An. 439. 78. Right of State to recall and abrogate any powers pre- viously conferred on any municipal corporation. 38 An. 412. 79. Officers can not create obligations binding on corporations unless authorized. 12 An. 496; 29 An. 673; 15 Wal. 5666; 42 An. 163; 2 Woods, 128. 80. The parish of Orleans is the city of N"ew Orleans' bound- aries. 27 An. 156; 24 An. 513; 28 An. 38, 42, 873; 29 An. 428. 81. No/, fa. can be issued against city of New Orleans. 23 An. 708. 82. Contract of banks, etc. 42 An. 614. 83. Courts of this State have no power by injunction to prevent a municipal corporation from enforcing police ordinances in the interest of public order and health, penal in their nature. 42 An. 629. 84. The Council is without power to sell for even a limited time the exclusive privilege to use a street for any particular purpose. It can only regulate their use and management. 44 An. 748. 85. City ordinance inconsistent with and in conflict with the general policy of the State is illegal, null and void. 45 An. 34. 86. Under the general welfare clause to be found in all muni- cipal charters, which is often implied from the other powers granted, the city can not enlarge these powers further than neces- sary to carry into effect the specific power granted. 45 An. 954. 87. A municipal corporation is not liable for damages done to private property unless the act was done without authority of law, or being authorized by law was improperly or wantonly ex- ecuted. 46 An. 1528. 88. The legislative character of the municipal corporation be- ing a specified act, apart from the body of the general laws of the State, it can not be repealed by a general law of the State, unless that intention clearly appears from the terms of the general act; and that the general act shall repeal the special law it must ap- pear that the provisions of the former are irreconcilably incon- sistent with those of the latter. 47 An. 618. 89. The Municipal Council has the authority in public interest to make extensive and varied regulations as to the time, mode and circumstances one shall exercise his right to private property; but without showing cause sufficient, an owner can not be di- vested of his property. 47 An. 1029, 1660. 528 NEUTRAL (GROUNDS. NEUTRAL GROUNDS. See Offences, Parks, etc., and Streets. ord^Nortiss*, Art. 1266. The neutral ground on Claiborne street or *ApriJ 29, 1S90 all that portion thereof between the two inner rows of shade trees is a public place, and that full control there- of is given and confided to the goveruTnent of the city of New Orleans by the Constitution and laws of the State, particularly by the existing charter of the city, and that the said city government has full and complete police power and control over the same and over all streets, public ways and public places within the city limits. That the public welfare, health, safety and comfort of the inhabitants of this city require that the said middle or neutral ground on Claiborne street, and all of that portion thereof lying between the two inner rows of shade trees, shall be kept open and free from all traffic, obstruction, or use as a roadbed for any railroad, and from all use or occupancy as a rail- road bed or track or tracks or other structure or work to be used for railway traffic or transportation of either freight or passengers, and that the construction and operation of any such railway, or the carrying on of any such traffic on said middle ground on Claiborne street, or the construction of any work that will ia any way cover, partially cover or interfere with free access to the drainage canal on Claiborne street, .beyond what is necessary to bridge and make crossings for the streets of the city crossing Claiborne street, will be and is here- by declared dangerous and will impair the public health, safety and comfort of the inhabitants of this city, and divert the said Claiborne street and the middle ground thereof from its true proper necessary municipal use and destination, and is hereby declared a dangerous public nuisance, and will be dealt with as such to the full ex- tent of the police power to prevent and abate nuisances and control all municipal public streets, ways and places, vested in the city of New Orleans by law and its charter, and that all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. NEUTRAL GROUNDS. 529 .Art. 1267. (1) That on and after the passage of this ^^^ ji^-^^' ^/ s°' ordinance it shall be unlawful for any person or persons ^ord^N^y^^o, to ride on horseback, or to drive any horse or vehicle, or c-^- .j ^ ^„ turn out any cattle, or in any manner exercise the same on the neutral ground of St. Charles avenue from the Lee Circle to Carrollton avenue. Art. 1268. (2) That any one found violating the pro- Penalty, visions of this ordinance shall be deemed guilty of a mis- demeanor, and shall be punished by a fine of $25 or thirty days' imprisonment in default of the payment of said fine, for each and every violation of this ordinance, one- half of the fine so collected to be turned over to the commissioners of St. Charles avenue to be used in the embellishment of said neutral ground. The other half of the fine so collected shall be paid to the informer for arrest and conviction of any one violating this ordinance. Art, 1269. That permission be and is hereby granted to the Society Prevention Cruelty to Animals to erect watering '' •' troughs near Si. watering troughs on such side streets near St. Charles charies ave. '^ " Ord. N0.7479, avenue as is found most desirable for the purpose, the c.s. April 25, 1893. construction of the troughs and their location to be ap- proved of by the City Engineer. Art. 1270. That the permission given to locate these Permissionto ^ " locate o n S t. watering troughs on the neutral ground of St. Charles charies avenue avenue be and the same is hereby repealed. ib. CANAL street. Art. 1271. That the City Engineer and Commissioner of Public Works be directed to notify the Canal and Grade of Claiborne Railroad Company to elevate their tracks to a ^^^^' ^^^ g grade to be established by the City Surveyor and ap- ^-.^^^ ^^ „ proved by the City Council, and the grade thus estab- lished shall constitute the proper and established grade of Canal street neutral ground from Claiborne street to the head of Canal, at the terminus of said company's line ; that the said notice shall also embrace directions to said company to raise the said neutral ground to the grade established under this ordinance, as well as to construct the necessary crossings at the intersection of all the streets from the head of Canal street toClaiborne street. Art. 1272. That upon failure of said Canal and Clai- borne Railroad Company to comply with the joint notice 530 NEUTRAL GROUNDS. compiV w'tthP^'^^^^®^ *^^ herein, the said Commissioner of Public caSail'nd ciaf. ^0**^8 and City Engineer shall notify the Council of the borne Railroad faij^re or ueglcct of Said compauy so that the Council lb shall advertise for bids for said work to be performed by the contractor according to the plans and specifica- tions to be prepared by the City Engineer and approved by the Commissioner of Public Works, and it shall be the duty of the City Council to give the contract to the lowest bidder. Art. 1273. That as soon as the work contracted for Attorne°* ^'*^ shall be completed and certificates given for the work, lb- the City Attorney shall, upon the written notice from the Mayor, be directed to bring suit for the recovery of the amount expended. FRANKLIN STREET. Franklin st. ^RT. 1274. That the plan as submitted by the City ^Ord.No.7720, Engineer for a neutral ground on Franklin street, be- june 13, i873tween Euphrosine and Jackson, be and the same is here- by approved. URSULINE STREET. Fixing width Art. 1275. That thirteen feet, measured from the gut- aveyfrom"ciai^ter's cdgc of thc bauquettcs, as now existing, and meas- '"ord.^No.'^se?! firing twenty-five feet on Ursulines avenue, from Clai- ^'oct.9, 1894. borne street to Broad street, shall be neutral ground. Art. 1276. That the said neutral ground shall be placed under the control of the Ursulines Avenue Im- ib.provement Association, with same power to beautify and improve as was vested to it by Ordinance No. 5639, adopted by the Council of the city of New Orleans, Sep- tember 29, 1891. Art. 1277. (2) All plans and specifications for the neer'sappr"v^ai improvement of said neutral ground by the Ursulines ^^' Avenue Improvement Association shall be submitted to the City Engineer for approval. Art. 1278. (3) All ordinances or parts of ordinances clause.*''** '"^ contrary to or in conflict with are hereby repealed. CLAIBORNE STREET. Art. 1279. That it is necessary for the safety of the lives and property of the people of the city of New Control. NEUTRAL GROUNDS. 531 Orleans, and for the prompt notification and application Beiitoweron of means and appliances for the extinguishment of fires, street' that the present fire alarm observation and bell tower c. s'. ' ° '^^'^' now erected on the middle ground on Claiborne street, be- "^^"^ ^^' '^^ tween the crossins: of St. Peter and Orleans streets, shall be enlarged and increased in efficiency, and that the entire middle ground on Claiborne street, between the crossing and the intersection of St. Peter street and Orleans street, including the entire space between the two inner lines of trees on the said middle ground, is hereby dedicated to that purpose as a superior municipal necessity and use, and that the City Surveyor be required to forthwith prepare and submit to the Council detailed plans and specifications for the construction of a tower to supply the place of the present structure, to be one hundred feet in height, with a base of as near fifty feet square as can be constructed on said space so herein dedicated to that purpose. The lower story so enclosed and fitted as to be a safe place for storing all tools, machinery and materials needed for the construction and repair of the Electric Fire Alarm telegraph system of the city, and that as soon as said plans and specifications shall be approved by the Council that the Comptroller advertise for bids for the immediate construction of said tower and the transfer of the bell apparatus and attachments of the present insuf- ficient tower to the new tower as soon as completed. Art. 1280. (2) That this ordinance shall take effect Repealing from and after the date of its promulgation, and all <^ia"se. ^^^ ordinances and parts of ordinances inconsistent herewith are hereby repealed. DELORD STREET. Art. 1281. That the neutral ground on Delord street, Ord. N0.6081, between Rampart and Baronne, be placed under the care Wb. 23,1892. of the Illinois Central Railroad Company for the pur- pose of being graded, sodded, mowed, and hereafter kept in good order. TULANE AVENUE. Art. 1282. That the plan as submitted by the City^, „ *^ J J Ord. No. 1 1,467, Engineer for the establishment of a neutral ground on c. s. ° Oct. IS, 189S. Tulane avenue, between Galvez street and Carrollton 532 NEUTRAL GROUNDS. ground Vstab- avenue, SO as to provide for a neutral ground 19 feet fished. ^^ 5 inches in width and a road on each side of same 21 feet wide, and sidewalks 22 feet G inches wide, be and the same is hereby approved, and the City Engineer is hereby directed in preparing the specifications for the paving of said street to make them conform therewith. Art. 1283. That a neutral ground be established on Tulane avenue, from Galvez street to CarroUton avenue, and that the said neutral ground be and the same is hereby dedicated to the public for its use and enjoyment, and the said neutral ground shall be nineteen feet six inches (19 feet 6 inches) in width, with a roadway on each side twenty-one feet (21 feet) in width, and the sidewalks shall be twenty-two feet six inches (22 feet 6 inches) in width, in accordance with the plan of the City Engineer, submitted to the City Council and ap- proved in section 1 of this ordinance. PRIVILEGES. Ord. 7439. Bellan, Ed, setting aside 12x20 feet on Elysian Fields street, Milneburg, for refreshment saloon, April 17, 1893. Ord. 3766. Everett, John, St. Claude street, from tracks of Shell Beach Railroad Company to the curb on river side of neutral ground, below Spain and Poet streets, for storage of wagons, in consideration to repair river-side of St. Claude street from Spain to Poet streets and keep same as well as gutters, bridges, etc., in good repair. May 29, 1889. Ord. 11,354, Lafaye, Paul, confectionery and news-stand in passenger depot erected by the Canal & Clai- borne Railroad Company on neutral ground on Claiborne street, at intersection of Elysian Fields street, September 24, 1895. Ord. 11,532/ New Orleans Cold Storage Company, an office over sidewalk in front of their building on Front street, between St. Joseph and Julia streets, said office to be elevated at least 12 feet from the sidewalk, 12x30 feet, October 29, 1895. Ord. 3722. Moffat, A. W., Basin street, from middle of block, between Conti and St. Louis streets to its in- tersection with the roadway of the Carondelet Canal, for piling lumber thereon, on paying twenty-five dollars monthly in advance. May 9, 1889. Ord. 7438. Panin, Geo., setting aside twelve (12) feet by twenty (20) feet for soda water stand on Elysian Fields street, Milneburg, April 17, 1893. Ord. 10,313. Patorno, J. B., to erect and operate a photo- graphic gallery on neutral ground on the levee, February 12, 1895. NEW ORLEANS AUXILIARY SANITARY ASSOCIATION. 533 NEW ORLEANS AUXILIARY SANITARY ASSO- CIATION. Art, 1284. (1) That the city of New Orleans does Right to lay hereby grant to the New Orleans Auxiliary Sanitary or'd. No. 6981 Association the free use and tenure of the following April, issi. described property, with the right to construct the re- quisite supply or suction pipes therefrom to the proper distance into the Mississippi river, viz. : Art. 1285. The portion of ground bounded by Tou- louse, Jefferson and Clay streets, and a space of thirty tenure of prop - feet in width between the woodwork of the wharf and ' ib. the line of said portion of ground fronting the Missis- sippi river, meaning as follows : One hundred and twenty feet on the front roadway, and one hundred and twenty feet on Clay street, fifty-nine feet front on Tou- louse street, and fifty-nine feet front on Jefferson street, having the corners of said street rounded 5 all being located and delineated in the accompanying plan. Art. 1286. The right to occupy, control and hold pos- Term, session of said property is hereby granted to said asso- ciation for said purpose during the period of twenty- five years ; at the end of which time, or at any period that the land should revert to the city of New Or- leans, the city shall pay to the New Orleans Auxiliary Sanitary Association the value of the improvements, machinery, buildings, etc., that may then be on said property, the value to be ascertained and fixed by the appraisement of two arbitrators, one to be appointed by the city authorities and the other by said association. And in case of failure of these two appraisers to agree, they shall appoint an umpire, whose decision shall be final in fixing and determining the amount to be paid by said city to said association. Art. 1287. Whereas, the New Orleans Auxiliary Sanitary Association has petitioned this Council to give them the use of a certain portion of land ; and whereas, the city is convinced that the object will be conducive to public interest ; 534 NEW ORLEANS AUXILIARY SANITARY ASSOCIATION. urVof p^rojerty". ^^"^^ ^^SS. That the city of New Orleans does hereby A* rli ^88^ grant to the New Orleans Auxiliary Sanitary Associa- tion the free use and tenure of the following described property, with the right to construct the requisite supply of suction- pipes therefrom to the proper distance into the Mississippi river, namely: The portion of ground bounded by Celeste and Nuns streets, atid the roadways fronting Peters or Water street, and the roadway' front- ing the Mississippi river, measuring feet on Celeste street, feet on Nuns street, feet on the line of Peters or Water street, and feet on line of the Mississippi River roadway, all described and located in the accompanying plan, made and signed this day by H. C. Brown, Esq., City Surveyor. Reversion. Art. 1289. The right to occupy, control and hold possession of said property is hereby granted to said association for said purpose during the period of twenty- five years, at the end of which time, or at any other period that the land should revert to the city of New Orleans, the city shall pay to the New Orleans Auxiliary Sanitary Association the value of the improvements, machinery, buildings, etc., that may then be on said property, the value to be ascertained and fixed by the appraisement of two arbitrators, one to be appointed by the city authorities, and the other by said association. And in case of failure of these two appraisers to agree they shall appoint an umpire, whose decision shall be final in fixing and determining the amount to be paid by said city to said association. Art. 1290. That Ordinance No. 6442, A. S., approved ord. No. S4oo', April 20, 1880, and Ordinance No. 6981, A. S., approved April IS. issi. April 12, 1881, be so amended as to read as follows: Add to the words 'Hwenty-five years" the. words " from the passage of this amendment" ; provided, the said property shall at no time, during the continuance of the right herein granted, be used for any other pur- pose than those designated in the ordinance. Art. 1291. Whereas, The New Orleans Auxiliary Sanitary Association has petitioned this Council to give them the use of a certain portion of land ; and whereas, lb. NEW ORLEANS AUXILIARY SANITARY ASSOCIATION. 535 the city is convinced that the object will be conducive to the public interest. Art. 1292. That the city of New Orleans does hereby Location. •^ Ord. N0.6442, ^rant to the New Orleans Auxiliary Sanitary Association a. s. the free use and tenure of the following described prop^ Amended by crty, with right to construct the requisite supply of sue- c.'^s. ° '^°°' tion pipes therefrom to the proper distance into the Mississippi river, namely : The portion of ground bounded by Celeste and Nuns street, and the roadways fronting Peters or Water street and the roadway fronting the Mississippi river, measuring feet on Celeste street, feet on Nuns street, feet on line of Peters or Water street and feet on line of the Mississippi river roadway, all described and located in the accompany ing plan made and signed this day by H. C. Brown, Esq., • City Surveyor. Art. 1293. The right to occupy, control and hold Grant for ^ ° . , . , term of twenty- possession of said property is hereby granted to said fiv^ y association for said purposes during the period of twenty-five years from the passage of this ordinance, at the end of which time, or at any other period that the land should revert to the city of New Orleans, the city shall pay to the New Orleans Auxiliary Sanitary As- sociation the value of the improvements, machinery, buildings, etc., that may then be on said property, the value to be ascertained and fixed by the appraisement of two arbitrators, one to be appointed by the city author- ities and the other by said association. And in case of failure of these two appraisers to agree they shall ap- point an umpire, whose decision shall be final in fixing and determining the amount to be paid by said city to said association. Art. 1294. Whereas, The New Orleans Auxiliary San- itary Association has petitioned this Council to give them the use of a certain portion of land for the location of a flushing pump ; Art. 1295. Whereas, The city is convinced that the object will be conducive to the public interests ; Art. 1296- That the city of New Orleans does hereby grant to the New Orlenns Auxiliary Sanitary Associa- 536 ! NEW ORLEANS WATERWORKS COMPANY. Ord^No^egSi ^^^^ ^^® ^^^^ ^^^ ^^^ tenure of the following described Am ilide'd^'" P^op^i'ty, with the right to construct the requisite sup- Ord. No. 5400, ply or suctiou pipcs thercfrom to the proper distance into the Mississippi river, namely : The portion of ground bounded by Toulouse, Jefferson and Clay streets, and a space of thirty feet in width between the wood- work of the wharf and the line of said portion of ground fronting the Mississippi river, meaning as follows : one hundred and twenty feet on the front roadway, and one hundred and twenty feet front on Clay street, fifty-nine feet front on Toulouse street and fifty-nine feet on Jef- ferson street 5 having the corners of said street rounded, all being located and delineated in the accompanying plan. Term. Art. 1297. The right to occupy, control and hold pos- ' session of said property is hereby granted to said asso- ciation for said purpose during the period of twenty-five years from the passage of this ordinance ; at the end of which time or at any period that the land should revert to the city of New Orleans, the city shall pay to the New Orleans Auxiliary Sanitary Association the value of the improvements, machinery, buildings, etc., that may then be on said property, the value to be ascer- tained and fixed by the appraisement of two arbitrators, one to be appointed by the city authorities and the other by the said association. Umpire. Art. 1298. And in case of failure of these two ap- praisers to agree they shall appoint an umpire, whose decision shall be final in fixing and determining the amount to be paid by said city to said association. NEW ORLEANS GAS LIGHT COMPANY— See Gas Companies. NEW ORLEANS TELEPHONE COMPANY— See Telephone Companies. NEW ORLEANS WATERWORKS COMPANY— See Waterworks. OFFENCES, MISDEMEANORS AND NUISANCES. 537 NOTARY (CITY)— See Section 53, City Charter. Act. 139 of 1888 relative to Appointment of Notaries. NUMBERING HOUSES— See House Numbering. OBSTRUCTIONS— See Drainage and Streets. OFFENCES, MISDEMEANORS AND NUISANCES. animals. Art. 1299. It shall not be lawful for any person or ^^ E^^^e^'^^jy^g persons to ride on horseback, or to drive any horse ort'^e^^j" certain vehicle, or to turn out any cattle, or in any manner to J^^^^m i^- 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. Art. 1300. It shall be unlawful to wash horses or washing- other animals on the sidewalks of the city, or in any S,7nts^, °" p*""*' other place that will incommode the public. ^^' Art. 1301. Any person committing any of the of- penaity. fences, or violating any of the provisions hereinbefore ^^' named, shall be fined not less than five nor more than twenty-five dollars; and if the fine be not paid he shall be imprisoned for a term not exceeding ten days. Art. 1302. That it shall not be lawful for any one Hitching of keeping horses for hire, or for their own private use, to juiyi hitch any horse in the streets within the immediate vi- cinity of any private dwelling or public house where by pawing or otherwise the occupants thereof may be in- commoded. Upon the complaint, in writing, to the Mayor of any such householder that the provisions of this resolution are disregarded, to their annoyance and injury, he shall cause a notice to be served upon the party or parties against whom such complaint is made to desist from the practice complained of. In the event of failure so 7228. 538 OFFENCES, MISDEMEANORS AND NUISANCES. ^Penalty. ^^ ^o do any such person shall be subject to a fine of ten dollars for each and every day he shall fail to comply with the said notice, recoverable before the Recorder of the district in which said offence has been committed. Driving In default of payment of the fine herein provided for loose horses i ./ i through streets, the party SO offending shall be imprisoned for a period A.s.6^. 'not exceeding ten days. Art. 1303. (1) That hereafter it shall not be lawful for any person or persons to drive in a loose condition through the following streets of the city of New Orleans : Canal, Common, Royal, Bourbon, Chartres, Custom- house, Carondelet, St. Charles, Camp and Magazine streets, except when in crossing the same, any horse or horses, mule or mules, or other beasts of burden. Penalty, Art. 1304. That whoever shall violate the provisions yjrJ. N 0.4972, ^ ^'d[c i6 iSqt ^^ *^^^ ordinance shall be subject to a fine not to exceed twenty-five dollars or imprisooment in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to \)e imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not ex- ceed twenty-five dollars for each offence nor the im- prisonment more than thirty days, ti?throIl|hThe ^^'^- ^^^^- That it is hereby made an offence to drive, **ord^'No 60S0 ^^ ^-^ attempt to drive, through the streets of the city, ^F^Jb 2 1802 ^^^^^^ which arrive in New Orleans either by boat or by railroad. Separate of- Art. 1306. That cacli violation of this ordinance shall jfences. I''- be taken to be a separate offence, and that any person violating the same, on due conviction before the Recorder having jurisdiction, for each separate offence, shall be subject to fine or imprisonment in the parish jail, or both, Penalty. or to imprisonment in the parish jail in default of the payment of the fine ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. Repealing Art. 1307, That all ordinances and parts of ordinances lb. in conflict or inconsistent with this ordinance be and the same are hereby repealed- OFFENCES, MISDEMEANORS AND NUISANCES. 539 Art. 1308. That hereafter it shall not be lawful f or .j^^^^^y J^^°J any person or persons to drive through any of the ^^^^- ^0.7033. streets of the city of New Orleans, horses, mules of ^«=- '°' '^*- other beasts of burden, except under the following con- ditions : Art. 1309. (2) That all horses ormules," when being, ^^^^'p^^'-f^^f driven from points of arrival to stable, or from stable to'^^^P^''- ib. points of shipment, shall be in charge of competent keepers, who shall be above the age of sixteen years, and who shall be uniformed, or bear some device upon their person to designate what firm they represent, and provided that all such animals shall not be driven in droves above twenty-five in number; and provided fur- ther, they shall not be driven through the following Prohibited streets: Canal, Common, Royal, Bourbon, Chartres, Customhouse, Carondelet, St. Charles avenue, Camp and Magazine streets, except when crossing the same. Art. 1310. (3) That whoever shall violate the pro- Penalty, visions of this ordinance shall be subject to a fine not to exceed twenty-five dollars, or suffer imprisonment for thirty days, in default of payment of fine, or both, to be imposed by the Recorder of the district in which the offence was committed ; provided, that the fine shall not exceed twenty-five dollars nor the imprisonment for more than thirty days for each offence. Art. 1311. (4) That all ordinances or parts of or- Repealing . clause. dinances in conflict herewith be and the same are here- ib, by repealed. Art. 1312. That from and after the passage of Horse, muies, cow, etc., not this ordinance it shall not be lawful for any person or to rove on ban- '' '^ quettesor persons to allow any horse, mule, cow, hog, pig, sheep, ^^o^d^-jjo ^ sc goat or any other animal to rove upon any of the streets ^- ^• or banquettes within the limits prescribed in this ordi- nance. Art. 1313. That if any person shall overdrive, over- crueity to load, or unnecessarily or cruelly beat, mutilate, kill, *'oTd.'No.3334, torture or abuse, or cause or procure to be overdriven, ^'il^^ ,^j3sg^ overloaded, cruelly beaten, mutilated, killed, tortured or abused any animal in or on any street, park, levee or other public place in the limits of the city of New Or- lice 540 OFFENCES, MISDEMEANORS AND NUISANCES. leans, such person shall be deemed guilty of an offence against the police and good order of the city, and shall, upon conviction thereof before the Recorder within Penalty. whosc jurisdictiou the offence is committed, be punished by said Recorder by a fine not exceeding twenty-five dollars for each offence, and in default of payment of fine be imprisoned for not exceeding thirty days. Duty of Po- Art. 1314. (2) That in further compliance with said Act lb. 19 of 1888, it shall be the duty of the police of the city to enforce this ordinance ; and also under said act of the Legislature to aid the Louisiana State Society for the Prevention of Cruelty to Animals, incorporated in this city by notarial act of N. B. Trist, in the enforcement of all laws which are now or may hereafter be enacted for the protection of dumb animals. VEHICLES. Unlawful to ^jjrp 1315, jf shall be unlawful for any cab, hack, stand on revet- '^ ^ 7 ' gent at West carriage or other vehicle, public or private, to stop ^ ord. N0.S472, Qj. stand or attempt to stand other than for the imme- juiy 38, 1891. diate purpose of letting out or taking in a passen- ger or passengers on that portion of the Revetment Levee at West End, commencing from the bridge over the New Canal to the extreme end of the platform on the west side of West End Hotel. Penalty. ^^T. 1316. That whosoevcr shall violate this reso- ^^' lution shall be subject to a fine not to exceed twenty-five dollars or imprisonment in the parish prison for a term not to exceed thirty days, or both, or imprisonment in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is com- mitted ; provided, that the fine shall not exceed twenty- five dollars for each offence, nor the imprisonment more than thirty days. G o n g s at- ^jjrp 1317 j^ shall bc and is hereby made unlawful tached to ve- "^ ^ o'rd' No o ^^^ ^^y person or persons to have any gong or gongs ^'^- 00 ' attached to any vehicle or vehicles and used on the pub- Aug 27, 1889. •' , , . 1 n i 1 lie streets ; provided, however, that this shall not apply OFFENCES, MISDEMEANORS AND NUISANCES. 541 to the ambulance, fire insurance and police patrol wagons and vehicles used by the fire department of this city. Art. 1318. That any person or persons violating any Penalty, of the provisions of this resolution shall be fined not less than $5 nor more than $25, and in default of pay- ment to imprisonment for not less than five days nor more than thirty days, at the discrietion of the Recorder of the district in which the offence is committed. Art. 1319. That it shall be unlawful to use a wagon megai use of or other vehicle to haul for hire upon which are license ''ord?No.'4^ii plates obtained for a vehicle for the private use of the ^nov. la, 1889. owner thereof. Art. 1320. That all wagons or other vehicles found t o b e im- upon the streets or other public places of the city, in ^*'"'* * ' ib. violation of section 1 hereof, shall be impounded in the pound nearest to the point where they are so taken, and the Pound Contractor is authorized to charge and collect a fee of $3 for each vehicle so impounded. Art. 1321. That any person violating this ordinance Penalty, shall be fined $9, and in default of payment shall be imprisoned ten days. Art. 1322. That it shall hereafter be unlawful for obstructing any funeral or procession of pedestrians or vehicles, by Ord. Nor3232, following or crossing a street railroad track, to impede, bet. 2, isss. obstruct or retard the usual running of the street cars. Art. 1323. That any person violating this ordinance Penalty, shall be punished by fine not exceeding twenty-five dol- lars or by imprisonment not exceeding thirty days. That it is hereby made the duty of police officers to Dutv of po- arrest any and all persons violating this ordinance. ^'*^^ officers. ^^ Art. 1324. (15) No proprietor, owner or driver of a dray, cab, hack or vehicle whatever shall use violence cab driver, or insulting language, or shall oppose an unlawful re- sistance to any of his passengers or employers, or to any citizen. Art. 1325. (16) Any person committing any offences Penalty or violating any part of the provisions hereinbefore named shall be fined not less than twenty dollars nor more than one hundred dollars, and in default of pay- ment shall be imprisoned not exceeding thirty days. Ib. lb. 542 OFFENCES, MISDEMEANORS AND NUISANCES Punishment Art. 1326. (4) 111 every case where minors or ap- minorsT^^^ ° prcntices violate an ordinance, the parents or guardians ■ of the minors or masters of the apprentices shall be re- sponsible for the fine ; and when such persons refuse to pay the fine, the minors or apprentices shall be sent to the House of Refuge for a period not exceeding five days. CROSSINGS, ETC. Driving over Art. 1327, That from and after the promulgation of tra^c^ts m u'^s^this Ordinance it shall be unlawful for the driver of any come o a u g^j.^^^ ^^^ ^^ drive ovcr the tracks of any intersecting 0. 8. ' °' "*' '^' steam railroad without having previously brought his ec. '7''^-(,g^j. ^Q g^ f^ii g^Qp gjj(j satisfied himself there can be no danger in making the crossing. Penalty. Art. 1328. That any driver or other person in charge ^^' of a street car, violating the provisions of this ordinance shall, upon conviction, before the Recorder within whose jurisdiction the offence has been committed, be fined not exceeding $25, and in default or payment of fine be imprisoned not more than thirty days. Cars to come Art. 1329. That ou and after the passage of this or- crossing' oth°er diuaucc it shall be unlawful for any car propelled by * ord.^No. 7480 horse or mule power to cross any track or tracks of a ^A^p'rii 25. 1893. ^^^d propelled by electricity, or tracks of a road pro- pelled by steam power, or for any car propelled by elec- tricity, to cross any track before coming to a full stop. Penalty. Any infraction of this ordinance shall, upon conviction, " be subject to a fine of not more than $25 or less than thirty days' imprisonment; one-half of the fine so col- lected shall be paid to the informer, Explosives on Art. 1330. (1) That from and after the passage of this Ord^Na 11,526, ordinance it shall be unlawful for any person or persons ^'oct. 29, 1895. to place on any railroad track or tracks, passenger or freight railways, within the city limits, any torpedoes, cartridges or explosive materials, with malicious intent to injure or frighten passengers or other citizens. Art. 1331. (2) That it shall be deemed a misdemean- or to violate any of the provisions of section 1 of this or- dinance, punishable before any Recorder or justice of the peace or other proper law officer having jurisdiction OFFENCES, MISDE-AIEANORS AND NUISANCES. 543' by a fine of $5 for each and every offence, or imprison- Penalty, ment for ten days, or both, at the discretion of the officer having jurisdiction. FISH, ETC. Art. 1832. That it shall be unlawful for any person unUwfui to- or persons to catch, kill or pursue any green trout or spawning^sL^ black bass, or to have the same in their possession after *ord^ no. 5S68, being caught or killed in this parish during the spawn- *Dec. k, iSoi. ing season, say from the first day of March to the ord""Nof 7130^ fifteenth day of May of each year, inclusive. ^' ^ Art. 1333. That whoever shall violate the pro- Penalty, visions of this ordinance shall be. subject to a fine not to exceed twenty-five dollars or imprisonment in the parish prison for a term not to exceed thirty days, or both, or imprisonment in the parish prison for a term not to exceed thirty days in default of payment of the fine to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the 3ne shall not ex- ceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. Art. 1334. That it shall be unlawful for any person unlawful ta or persons to haul any seine, net, etc., in any lagoon or net" eta^in^any bayou within the limits of the parish of Orleans. That LayluTn parish any person or persons violating the provisions of this °o?d! N^fcsge, ordinance shall, upon conviction, pay a fine of not more^'Nov. 2, 1S92. than twenty-five dollars nor more than thirty days' im- • prisonment by the Recorder in whose jurisdiction said offence is committed. One half of the fine imposed to ^^"*''y- go to the informer. That this ordinance shall take ef- fect from and after its passage. Art. 1335. That all ordinances or parts of ordinances Repealing conflicting with the provisions of this ordinance be and *^ *"^^* ib. the same are hereby repealed. STREET SIGNS. Art. 1336. That any person or persons interfering Defacing or with, molesting, obstructing the view or scratching, de-s?gns!"^ ^^^^^ facing, or in any manner whatsoever injuring the street c.sf* ^°*^^°' signs recently put up under city contract, shall be guilty ^*^* ^' '^^' of a violation of police ordinance and punishable by im- 544 OFFENCES, MISDEMEANORS AND NUISANCES. Penalty. prisonineiit in the parish prison or city workhouse for a period of not less than five days nor more than thirty days, or a fine of not less than fifteen dollars nor more than twenty-five. Unlawful to Art. 1337. That it is hereby made unlawful, and it is move stake or , •, . , other marks declared a misdemeanor, to move, or in any way change placed bv City , . . „ . *^ , , Surveyor. the positiou of any stone, stake, nail or other mark, c.s.' ■ 'when placed by the City Engineer or the Deputy City Surveyors or State, or United States Engineers, in or- der to establish any line or grade within the city of New Orleans. Penalty. Art. 1338. Any person or persons guilty of the * offence above described shall be liable to a fine not ex- ceeding twenty-five dollars, recoverable before the Re- corder of the district in which said offence has been committed, and in default of payment of said fine to imprisonment not exceeding thirty days, or such per- sons may be sentenced to fine and imprisonment both, in the discretion of the Recorder. • SAND. Unlawful to Art. 1339. That it shall be unlawful for any person remove sand, , , , , ' , Ord. No. 5528, or persous to remove or cause to be removed any sand Aug. is, 1891. from the battures in front of the city, without having previously complied with the requirements or existing ordinances. Penalty. ART. 1340. That any person or persons violating the 'provisions of this ordinance shall, on conviction before any of the Recorders having jurisdiction, be fined in a sum not exceeding twenty-five dollars, or suffer impris- onment for a period not exceeding thirty days, or both, at the discretion of the Recorder. FIREARMS. Concealed Art. 1341. That whocvcr shall carry a weapon or ^^Ord.°No. 5607, weapons concealed on or about his person, such as %e'pt. IS, 1891. pistols, bowieknives, dirks, or any other dangerous weapon, shall be subject to a fine not exceeding twenty- five dollars, and in the event the fine imposed shall not Penalty. ^^ ^^^^ ^j^^ Recordcr may sentence the offender to a term not exceeding thirty days in the parish prison. OFFENCES, MISDEMEANORS AND NUISANCES. 545 Art. 1342. It shall be unlawful for any one to sell, or ^^{{'J^^^pf^i^ [l lease, or give through himself or any other person, any ""ord^No.rnr, pistol, dirk, bowieknife, toy pistol for which carridges are ^-j^; ^^^ ^g^^ used, or any other dangerous weapon which may be ■carried concealed, to any person under the age of eighteen years. Art. 1343. That any person violating the provisions Penalty. ^^ of this ordinance shall be deemed guilty of a misde- meanor and shall be liable to a fine not exceeding twenty-five dollars or imprisonment for a period not exceeding thirty days, or both, at the discretion of the Recorder having jurisdiction. Art. 1344. (1) That from and after the passage of this „f |*/e\?mJ«pr°o^ ordinance it shall be unlawful for any person to fire or '^ oVI'^no. 985 discharge any gun, pistol, fowling-piece or firearm ^jl^l^jjjgg^ within the limits of the city, commencing at the Missis- oi^™ no.'^Iso^ «ippi river at Upperline street in the Seventh District, ^'^' 3 ^^^ along Upperline street to Mobile street, down Mobile street to Claiborne street, down Claiborne street to the northeast side of New Canal, out New Canal to Broad limits, street, down Broad street to Common street, out Com- mon street to Hagan avenue, down Hagan avenue to Canal street, out Canal street to Metairie road, down Metairie road to the east side of Bayou St. John, to Ma- rigny Canal, along Marigny Canal to Gentilly road, down Gentilly road to London Avenue Canal, along London Avenue Canal to Marigny Canal, along Marigny Canal to the Pontchartrain Railroad, to La Force street, thence along the protection levee and intersection of Lafayette avenue and Claiborne street, down Claiborne street to Poland street, to the lower limits of the city. Art. 134.'). And that portion of the Fifth District em- ,. ^.V**^ district ^ limits. braced in the following streets : Commencing at Po- ^''• telemy street, Lee's lane to river front, along the river front to head of Patterson street, from head of Patter- son street along the river front south to boundary line of parish of Jefferson ; east to Franklin street, from Franklin street north to Lapey rouse street, east to Val- lette street, from Vallette street north to Newton street, from Newton street east to Washington avenue, from Washington avenue north to river front. 546 OFFENCES, MISDEMEANORS AND NUISANCES. Penalty. ^^ ^rt 1346. (2) All persons violating the provisions of this ordinance shall be fined not less than five nor more than twenty-five dollars, and in default of pay- ment of said fine shall suffer imprisonment for not more than thirty days, at the discretion of the Recorder in whose district the offence is committed. Repealing Art. 1347. (3) All ordinauccs or part of ordinances clause. jtj contrary to or in conflict with this ordinance be and the same are hereby repealed. GIMLET KNIVES. lefklfiveS ^'"^ ^^'^- 1^^^' "^^^^ ^^ ^^^ ^^^^^ ^^® ^^^^ ^^y ^* June, ^0|d. No. 5067,1879^ it shall not be lawful for any person or firm to ^ay.^^879.^ sell, offer or expose for sale within the limits of the city c. s. ' of New Orleans any gimlet knife, dirk knife, stiletto, spring knife, brass knuckle, iron buckle or slung shot. Penalty. Art. 1349. That any violation of this ordinance shall be punished by imprisonment in the parish prison for the term of thirty days, or a fine of twenty-five dollars, or both, at the discretion of the Recorder. NIGGER SHOOTERS. Nigpr shoot- Art. 1350. That it shall be unlawful for any person: ord. No. 6865, <^^ pcrsous to usc or have in their possession an instru- jan. issi. ment for propelling missiles known as "nigger shoot- ers," and that any person of persons violating the provisions of this ordinance shall be subject to a fine of not less than five nor more than twenty-five dollars, and in default of payment of the fine above provided for the party oft'ending shall be imprisoned for a term of from five to thirty days, at the discretion of the Recorder within whose district the offence shall have been com- mitted. NOISES, NUISANCES, ETC Unlawful Art. 1351. (1) That the blowing of police whistles by blowingof . _ police whistles, auv pcrsou or persons otherwise than tor police pur- Ord.No. 8oiS, -^ ^, _, ^- ^ • 1. . J , J ^ 1 -A A. s. poses be and the same is hereby declared to be a misde- Aug. 22, 1882. ^ . . . , . ..... meanor, and is hereby prohibited. ers Penalty. OFFENCES, MISDEMEANORS AND NUISANCES. 547 Art. 1352. (2) That any person or persons so offend- Penalty. ^^ ing shall be fined ten dollars by the Recorder of the district in which the offence was committed, and if the fine be not paid to imprisonment for a period of not more than ten days. Art. 1353. (24) It is unlawful to form heaps of oys- oysters, ters on the sidewalk, or on the streets, or in other houses o. s." °' ^'*'' than those licensed to sell the same. Art. 1354. Every person who shall, without the consent c a r r y i n ^ away earth. of the Street Commissioner or Surveyor, carry away, or ib. cause to be carried away, any earth from any street, square, public square, public walk or commons, sliall pay the fine hereinafter stipulated. Art. 1355. It shall not be lawful for any person or Drums horns, persons to beat a drum or blow a horn, or sound a ^**^- j^^ trumpet in any street or public place within the limits of the city ; provided, that such provision shall not apply to any militia or other procession, or to those cases in which auctioneers are permitted to beat drums. Art. 1356. It is unlawful to use indecent or vulgar indecent lan- language in any street, cemetery, public square or levee, fes'^^e^t'c °"'^*°" or other public place, or to commit any nuisance ^^g^* ^°* ^'*'' offensive to public decency, in any public place. o^^no.^36^, Art. 1357. Or for any person living in, or occupying ^- ^- jj^ any premises, or part of any premises, in the city of New Orleans, to use, or wilfully permit, or knowingly allow, any other person of his or her family, or under his or her control, or direction, to use or utter, on such premises, any indecent, obscene, vulgar or insulting language or any language tending to provoke assault, or to insult any person, or to wilfully make or permit, or to allow to be wilfully made any unusual, uncalled for and unwar- ranted sound, violent or continuous noise, shout- ing, screaming, or other noise or noises of any kind, to wilfully disturb, or wilfully permit to be dis- ^Disturbances, turbed, the peace and quiet of the vicinity, or to wilfully ^^• disturb or permit the disturbance of any other person or persons, the occupants or residents in any premises in the vicinity and neighborhood, in the peaceable en- joyment of their homes or other premises, by reason of any such unlawful wilful acts, conduct or disturbance. 548 OFFENCES, MISDEMEANORS AND NUISANCES. Charivaris, ^^'^- ^^^^^ (^) ^* ^^ unlawful to abuse, provoke or ^'*=- disturb any person to make charivari, or to appear masked or disguised in the streets or any public place. Throwing of ^^^- ^^^^- (1^) No pcrsou ou Mardi Gras or at any flour, etc. other time shall throw flour or any other substance on any person passing along the street or any public place. i^fjll^^^f;""^; Art. 1360. (11) No person shall make a violent noise *=**=• jj^ or create disturbance or offence against public peace by intoxication or otherwise. ordlNo'.'A 25 ^^^- l^^l- "^^^t whoever shall violate the provisions ^'dcc 2 i8qo ^^ ^^^^ ordinance shall be subject to a fine not to exceed twenty-five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. Committing Art. 1362. (16) No persou shall commit a nuisance nuisances. . ord. No. 6022, in any public street, square or other place whereby the purity of the atmosphere is liable to suffer. Penalty. Penalty, a fine not exceeding twenty-five dollars or 'imprisonment not exceeding thirty days. PROTECTION OF POLICE. Cursing the ^ord?No.4782, Art. 1363. That it shall be unlawful and shall be ^'oct. 7, 1800. considered a breach of the peace for any person wantonly to curse or revile, or to use obscene or oppro- bious language toward or with reference to any member of the New Orleans City Police while in the actual per- Rescuing or formaucc of his duty. reVcTp^ris'Jfnlr ^RT. 1364. (2) That it shall be unlawful and shall p"oiice.^*°^^ °^be considered a breach of the peace for any person to i^- rescue or attempt to rescue any prisoner in the custody of any officer or officers of the New Orleans City Police ; and that a person shall be considered a prisoner and as within the custody of any officer within the terms of this ordinance from the moment that the officer has laid his hands on him with the intention of arresting him. OFFENCES, MISDEMEANORS AND NUISANCES. 549 Art. 1365. (3) That it shall be unlawful aud ^j^^i^^^^tinf ^«^. it shall be considered a breach of the peace for'^^st- ^^ any person, by action or by words, to incite any prisoner in the hands of any officer of the New Orleans City Police to resist arrest or confinement or to encourage or aid him in such resistance. Art. 1366. (4) That it shall be unlawful and shall be obstrucing considered a breach of the peace for any person wilfully with officer. to obstruct, hinder or unlawfully to interfere with any member of the New Orleans City Police while in the performance of his duty. Art, 1367. (5) That it shall be unlawful for any per- Unlawful to ,.,,, , .„ .wear police son not authorized by law to wear the uniform and m- uniform, signia, or any portion thereof, of the New Orleans City Police, or to undertake to act, or to represent himself as a member of the New Orleans City Police, or to rep- resent himself as a police officer, or to attempt to per- form the duties of a police officer, or to make an arrest as a police officer. Art. 1368. (6) That any person violating the provisions Penalty, of this ordinance shall be subject to a fine not exceeding twenty-five dollars, or imprisonment in the parish prison for a period not exceeding thirty days, or both, at the discretion of the Recorder of the district in which the offence is committed, and in the event the fine imposed shall not be paid the Recorder may sentence the offender to an additional term not exceeding thirty days in the parish prison. Art. 1369. (7) That Ordinances Nos. 6609, A. S., and O'^^- no- 66oo, ^ ^ ' ' A. S. and 3488, 3988, C. S., on the same subject matter as this ordinance, c. s., repealed, be repealed. persons resist arrest and damage or destroy the uniform fo-'^s ' I Art. 1370. That in all cases wherein any person or , Damaging or •^ "^ destroying uni- forms of of- ficers. of the police officer or officers making said arrest, it O'd- No. 4834, offence is committed to impose a fine of an amount suffi- cient to pay for the damage done or to sentence the person or persons thus convicted in default of payment Penalty. of said fine to suffer imprisonment for thirty days, and that all fines so imposed, when paid, shall be turned 550 OFFENCES, MISDEMEANORS AND NUISANCES. over to the Board of Police Commissioners by said Recorder against the receipt of the secretary-treasurer of said board. ORGAN GRINDERS. o^rNo 6677 ■^^^- ^^^^ (^) "^^^^ ^^^^ ^^^ ^^^^^ ^^^^ ^^^^ organ ^bct i8cx3 grinders shall not pursue their vocation on the public streets or sidewalks before 9 o'clock a. m., or after 10 o'clock p. M. Ord. No. 4956, ^•t^' ^ o of this ordinance shall be subiect to a fine not to exceed Dec. 16, 1890. '' twenty-five dollars or imprisonment in the parish prison for a term not to exceed thirty days, or both, or im- prisonment in the said parish prison for a term not to exceed thirty days in default of payment of the fine to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty -five dollars for each offence nor the im- prisonment more than thirty days. INDECENT EXPOSURE. Exposure of Art. 1373. That it shall be unlawful for any person person. •' '■ ord.No. 5504, or persons, upon any banquette or street, within any Aug. 4, 1891; cemetery, public square, park, open lot or other place of public resort within the city limits, to make any indecent exposure of person, or commit, by words or actions, any offence against the rules of public decency. Rep ea 1 e d Art. 1374. That all ordinances or parts of ordinances lb. bearing upon the subject matter of this ordinance be and the same are hereby repealed. Penalty. Art. 1375. That whoever shall violate the provisions * of this ordinance shall be subject to a fine not to exceed twenty-five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or impris- oned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprison- ment more than thirty days. OFFENCES, MISDEMEANORS AND NUISANCES. 551 Art. 1376. (1) That any person who shall strip naked p Exposure of for bathing, or show himself naked or in any indecent ^"^<^- ^°- 4oss. apparel, or shall bathe dnring daylight in the river Mis- sissippi, or in either of the basins, canals or lake, or anywhere public within the limits of the city, shall be arrested and fined or imprisoned as hereinafter described. Art. 1377. (2) That any person violating any pro- Penalty. ^^ vision of this ordinance shall be fined not less than ten dollars nor more than twenty-five dollars, and if the fine be not paid he shall be imprisoned for a term not ex- ceeding ten days. OBSCENE literature. Art. 1378. That from and after the passage of this Exposure, ^cjr- ordinance it shall not be lawful for anv person or per- ° ' obscene " r f papers, prints sons to expose, circulate, offer for sale, sell or distribute ^t^- ^^^ or give away, or to paint, draw, print, write, make or c.^s, ^ cause to be printed, drawn, painted, written or made, for the purpose of exposing, circulating or offering for sale, selling, distributing or giving away within the limits of the city of New Orleans, any obscene, scan- dalous or libelous boak, print, newspaper, pamphlet, circular, or periodical caricature, picture, drawing, statue or other object whatever, of any immoral or scandalous nature, or calculated to excite scandal, im- morality or disturbance of the public peace or tran- quility. Art. 1379. That any person or persons violating the Penalty. provisions of this ordinance shall, upon conviction there- of, be subject to a fine of not more than $25, col- lectible before the Recorder of the district in which the offence was committed, and in default of payment thereof to imprisonment in the parish prison for a term not exceeding thirty days. Art. 1380. That all previous ordinances, or parts of ^i^^^^^.''^^**'' ordinances, on the same subject matter be and the same are hereby repealed. 552 OFFENCES, MISDEMEANORS AND NUISANCES. PUBLIC PROPERTY. Defflcingcity Art. 1381. (4) No person shall break, deface or Carry tombs, monu- away any board or plate indicating the name of a street Ord. No.'awi.or the number of a house, or deface, cut, or in any way bee. 1856. 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 tombs, or fences, or trees or shrubbery of any cemetery. SLOPS. House hotel Art. 1382. (1) That it shall be unlawful for the oc- orboarding ^ ^ house. ^ cupants of any house, hotel or boarding house in the c-gS. ' city to empty or cause to be emptied from their galleries, or from any part of the building, into the street, water or other refuse matter, under a penalty of twenty-five dollars, and in default of payment be imprisoned not exceeding thirty days. Unlawful to Art. 1383. (1) That it shall be unlawful for any per- stre°eT. '" ^ SOU to throw iuto any street or canal, within the limits c. s.' °' *'of the city, any slops, or any animal, vegetable, fruit, ^" ' ■' ^' scrap, refuse, trash, paper, wood, tin, iron, garbage, manure, dirt, offal, ashes or debris. Penalty. Art. 1384. (2) That any person violating the provi- ■ sion of this ordinance shall be punished by a fine not less than ten nor more than twenty-five dollars, one-half of said fine, when collected, to go to the informer, or in default of the payment of said fine by imprisonment not exceeding thirty days. BURNING BRUSH. Burning of Art. 1385. That the burning of brush, grass or other Ord.'No. 3310, materials within the corporate limits of the city of New Orleans, between the hours of 5 p. m. and 5 a. m., be and the same is hereby prohibited. Penalty Art. 1386. Each pcrsou violating this Ordinance shall, for each offence, be subject to arrest and to a fine of not less than ten dollars nor more than fifty dollars, collectible by the Police Justice of the district in which the offence was committed. OFFENCES, MISDEMEANORS AND NUISANCES. 553 LOTTERIES. Art. 1387. (1) That it shall be unlawful for any unlawful person or persons to sell, barter, exchange or otherwise tickets, dispose of any lottery ticket or token, policy, combina- c. s*! tion, device or certificate, or fractional part thereof , in any lottery drawn or to be drawn in or out of the city of New Orleans, unless the same be duly authorized by the laws of the State of Louisiana. Art. 1388. (2) That any person or persons violating Amended by the provisions of this ordinance shall, upon conviction c s'. before the Recorder within whose jurisdiction the ofilence was committed, be condemned by said Recorder to pay a fine of twenty-five dollars for each offence, and in default of payment to imprisonment for not less than twenty nor more than thirty days. whistles. Art. 1389. „ ,. , " " whistles. motives and dummies on the following named streets 0|d. No. 5883^ and avenues is declared a nuisance and is hereby pro- Dec s, 189U hibited during the hours between 7 o'clock a. m. and 7 o'clock p. m., viz.: On the following streets: !St. Charles avenue, between Lee Circle and the upper lim- ,, . Limits pro- its of Carrollton ; on Canal street, between Clay statue hibited in. and the New Canal, and from thence north to the north- ern limits of Greenwood Cemetery, and on Bienville street, between Basin street and Hagan avenue, and on Basin street from Common to Conti, and on Elysian Fields street from Decatur to Claiborne streets, and on St. Claude street from Klysian Fields to Louisa streets. Art. 1390. The penalty for each violation of this or- Penalty, dinance shall be a fine of twenty-five dollars, to be paidc. s." °' '^'^^' by the company or individuals owning the whistling "^^''' locomotive or dummy, and recoverable before any of the city courts of the parish of Orleans ; and further, the driver, engineer or person in charge of said locomotive or dummy shall be liable for each offence to a fine of 554 OFFENCES, MISDEMEANORS AND NUISANCES. twenty -five dollars, or to imprisonment for thirty days b}"- the Recorder of the district wherein the offence was committed. cil^.se^^''^'''^ Art. 1391. All ordinances or parts of ordinances in ^^- conflict herewith are hereby amended and appealed. Blowing of Art. 1392. That it shall be unlawful to blow steam steam whistles unlawful be whistles other than those on steamboats actually navi- Iween ceriam _ >> ^^""^-iwT ejatinff the river, between the hours" of nine (9) o'clock Ord. No. 3974, => => ' v / c-.s. p. M. and half -past six (6:30) o'clock a. m.. Under bept. 3, 1SS9. ^ ^ -' Amended by penalty of a fine not exceeding ten dollars, and in Ord. No, 4344, '^ "^ 07 c. s. default thereof, imprisonment for not more than ten days, and the Chief of Police be required to enforce this ordinance. Proviso. Provided, That nothing herein shall be construed as applying to locomotives attached to steam trains in motion, or to cases covered by the State or United States statutes. TRESPASS. anTIhe?'s^\nds Art. 1393. That whocvcr s hall take posscssiou of any °o?d°No.%2S ^^^^^ of land, or any part thereof, where property lines ^Nov 2r 1803 ^^^ defined, or where public notice of same is posted, or where said lands are in charge of a keeper or any part or portion of any house or tenement, either for hunting, fishing or any other purpose, without the permission of the owner or owners of the lands or grounds of property invaded, shall be guilty of a tres- pass, and shall, upon conviction before the Recorder of Penalty. ^j^g district iu whicli the offence was committed, be fined not less than five dollars nor more than twenty-five dollars, or imprisonment for not less than ten nor more than thirty days. MALICIOUS MISCHIEF. Injuring, Art. 1394. That any person or persons who shall ma- erty, public or liciously Or wilfully dcstroy, injure, deface, break or ''ord.No. 4798, tamper with, with malicious intent to destroy, injure, Oct. 2S, 1890. deface or break, any property or properties, public or private, situated in any building, or attached thereto, or on the street, banquette, alleyway, or any public square OFFENCES, MISDEMEANORS AND NUISANCES. 555 or place, or cemeteries, shall be subject to arrest and a fine of not more than twenty-five ($25) dollars, or in default of payment of fine thirty days' imprisonment in the parish prison, to be imposed by the Recorder in whose district the offence was committed. Art. 1395.(2) That all laws or parts of laws in con- Repealing clause. flict herewith be and the same are hereby repealed. ib. VACANT HOUSES. Art. 1396. That for the protection of the surround- y^^j^jj^j^^^ggg ing property and the prevention of what might thereby *^^^- ^"'gs!)^^ become a public danger it shall be compulsory upon the owners or agents of all vacant houses to keep the doors and other entrances of such vacant houses so closed as to prevent the ingress therein by tramps or individuals not regularly occupying the same. Art. 1397. (2) That it shall be the duty of the police D"ty of PoUce. to report daily all vacant houses with entrances left open to the Maj^or through the Chief of Police. Art. 1398. (8) That upon due notification sent to the Failure to com- owners or agents of vacant property by the Mayor, or- fice.^' dering such owners or agents to comply with the pro- visions of this ordinance, and their failure to obey the same within the time stated in said notice, affidavits shall be made against the said owners or agents before the Recorder of the district in which the offence is com- mitted, and the party or parties so offending shall be Penalty, subjected to a tine of not more than twenty-five dollars, and in the event of its non-payment to imprisonment for a period not exceeding thirty days. SMOKE CONSUMERS. Art. 1399. That no person or persons shall use Smoke con- bituminous coal for the purpose of generating steam in Ord. No. 9568, boilers in any building unless the furnace in which said Aug. 28, 1894. coal is burned is provided with some effectual device for consuming its own smoke. Art. 1400. That any violation of the provisions of Penalty, this ordinance, and every person or firm, whether owner, occupant, tenant or contractor, who shall violate the 556 OFFENCES, MISDEMEANORS AND NUISANCES. provisions of this ordinance, shall be liable to a penalty of not less than five dollars nor more than twenty-five dollars, recoverable before any court of competent jurisdiction, and also a further fine of twenty-five dollars for each and every month he, she or they shall refuse or neglect to comply with a written notice from the Com- missioner of Police and Public Buildings, and in default of payment of said fine to be imprisoned not less than ten days and not more than thirty days for each offence EXCAVATING STREETS, ETC. te^'nLl'up Art. 1401. (1) That it shall be unlawful for any ^*ord!"No 621 company, corporation, contractor, person or persons to ^Mar. i8 i8S|. ^^^ ^^ break open, or keep obstructed, any streets for a o^™No^ 68^2^ ^^^^^^^^'^'^ distance greater than three blocks or ^btt II i8o2 squares, at any time, excepting during the time of the building of street railways. Penalty. ^^ ^rt ^402. (2) That for any violation of this ordi- nance it shall be punishable by a fine of twenty-five dollars per day for every day said violation exists ; that . all other ordinances relative to the subject matter here, and especially Ordinance No. 7289, A. S., are expressly retained in force, except in so far as they may conflict herewith, and to that extent be and they are hereby abolished, str^lts^etc^ Art. 1403. That any person or persons who shall dig without per- jjQigg in the streets, public roads or sidewalks and use mission. ' t^ ^Ord. No. 4507, ^jjg earth for private purposes, or cut them in any man- May 13, isgo. j^gj.^ except for planting trees or laying pipes, or con- structing drains or culverts, without the permission of the City Council, shall be subject to a fine not exceeding Penalty ^^'^' ^^ ^^ imposcd by the Recorder of the district in which the offence is committed, and in default of pay- ment of the fine to imprisonment in the parish prison for a term not exceeding thirty days. s?pl7Jt\t- Art. 1404. That for every day anyone shall fail to *^°''^" lb. restore the street, road or banquette to its former con- dition after written notice from the Commissioner of Public Works, shall constitute a separate offence under this ordinance. OFFENCES, MISDEMEANORS AND NUISANCES. 557 ADVERTISEMENTS . Art. 1405. (1) That it shall be unlawful for any per- Posting, paint son or persons to post or paint advertisements of any o"f; no. 745, kind whatsoever on any of the streets or curbings, or ^Amended by the gutters, flaggings, gutter-stones, telegraph posts. Si"!". ^°" ^'^^^' wooden or iron railings, of any of the public buildings, or cause to have distributed on the public streets, ban- quettes, public markets or highways, dodgers, or hand advertisements, whether of a theatrical nature or other- wise ; provided, however, that nothing in this ordinance shall interfere with or prevent the distribution of invi- tation cards to religious meetings. Art. 1406. That whoever shall violate the provisions Penalty, of this ordinance shall be subject to a fine not to exceed c°|^* ^°' ^'^' twenty-five dollars or imprisoned in the parish prison ^^^' 3' '891- for a term not to exceed thirty days, or both, or impris- oned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the imprison- ment more than thirty days. Art. 1407. That Ordinance No. 4923, C. S., on the Per'"ission of ' tlie Mayor. same subject matter, be and the same is hereby repealed, o^^. No. 4228, Art. 1408. That it shall be unlawful for any person Jan, 8,1890. to post or paint advertisements on any private wall or fence, or upon the curbstones, flagging, gutter-stones, gateways, telegraph posts, fire-plugs, wooden or iron railings of the public grounds or buildings, of the an- nouncement for sale of any description of drugs, mer- chandise, or of the nature or treatment of disease, of any public amusement or lottery, or of the notice of any general public character, without the previous written permission of the Mayor for a time to be therein specified. Art. 1409. That any person violating this ordinance Penalty, shall be liable to a fine not exceeding twenty-five dollars, to be imposed by the Recorder of the district in which the offence shall be committed, and in default of pay- 558 OFFENCES, MISDEMEANORS AND NUISANCES. ment of the fine to imprisonment for a period not exceeding thirty days. Art. 1410. That Ordinance 91, N. S., relative to painting or posting advertisements, be repealed. GAMBLING. Gambling on Art. 1411. (1) That from and after the passage of ord. No. 731, this resolution a fine of ten dollars ' shall be imposed May 27, 1884. upon anyone found gambling on the public streets, eithar with dice, cards or other means, said fine to be paid upon conviction to the Recorder of the district in which the arrest is made, and in the event of failure to Penalty. • ^ r. pay said fine imprisonment for a period of not more than thirty days in the parish prison, and the officer who permits said practice in his district shall, upon convic- tion, be expelled from the force. That all laws in con- flict herewith are hereby repealed. Penalty for Art. 1412. That from and after the passage of this BankinggamesI ordinance a fine of not more than twenty-five dollars, or banking or -. , ^ „ . ^ n ' gambling and m default of payment of the fine, imprisonment in o"d. No. 4034, parish prison for a term not exceeding thirty days, shall bc't. 29. 18S9. be imposed by the Recorder of the district wherein the offence is committed, upon any one gambling in the city of New Orleans, either with dice, cards or other means ; or upon any one keeping a banking game, or gambling house, or aiding or assisting in keeping the same. SWINGING SIGNS. Signs or ad- Art. 1413. (1) That tlic date at whlch this Ordinance bolrds. * ® ' " ^ shall have been adopted and approved it shall be unlaw- c. s.' °" ^^^' ful f or any person, firm, owner, occupant or agent of June 10, 1 4Q^jjgj. Q^ g^jjy g^Qj.g Qj. dwelling to erect suspend, place, keep, or caused to be suspended any sign-board, sign- plate or advertising board, of wood, metal or other ma- terial, so as the same may in any way hang, suspend or swing over any sidewalk or street within the city limits. Swinging or Art. 1414. (2) That ou and after the date of approval anging signs. ^^ ^^^^ ordiuaucc it shall be unlawful to keep or main- tain any swinging or hanging sign, or other sign, sign- board or sign-plate, extending over any portion of any OFFENCES, MISDEMEANORS AND NUISANCES. 559 sidewalk or street, and every owner, agent, lessee or oc- cupant of any house, dwelling establishment or store, where or in front of which such sign exists, shall re- move, or cause the same to be removed, immediately on the approval of this ordinance. See Building Ordinance. Art. 1415. That whoever shall violate the provisions Penalty. of this ordinance shall be subjected to a fine not to ex- c. s.' °" '^'*' ceed twenty-five dollars or imprisoned in the parish '''=•''' prison for a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of the payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. SMOKING. Art. 1416. (1) That no person shall smoke any pipe, Prohibitedon cigar or cigarette or tobacco ignited in any way by ' oXno. 5776, fire, upon the wharves -set apart for the loading or un-*^'Nov. 17,1891. loading of vessels of any description, whose business is to transport cotton, oil or other inflammable merchan- dise ; or any float, dray or vehicle of any kind used in con- veying cotton, tvhen so loaded with bales or crates of cotton to and from the wharves, presses or railroad depots; the same prohibition shall extend to railroad depots and yards where cotton and other inflammable merchandise • is stored temporarily or permanently. Art. 1417. (2) That it shall be unlawful for any per- Hold or son to smoke or use matches in any way in the hold of . ei^^ vessels of any description, or on the decks of same dur- c°^^' ^°' '°^^' ing the time said vessels may be taking in or unloading °^*^" ^°' ^^'^' cargoes of the above described inflammable articles, and until the loading of the same shall be completed for the « time being, and hatches closed and decks cleared up. Art. 1418. (3) That there may be prepared and stuck sign boards. up in conspicuous places upon the wharves and other places used for the above described purposes, sign- 560 OFFENCES, MISDEMEANORS AND NUISANCES. boards or notices to the effect that "No smoking allowed here under penalty of the law," and it shall be unlawful for any person to remove same under the penalty as set forth in section 4 of this ordinance ; provided, the cost of such sign boards is not at the expense of the city. Cotton presses Art. 1419. That from and after the promulgation of or railroad . , t, -, ^ n ^ p platforms. this Ordinance, it shall be unlawful for any person to c. s, °' ^^'" smoke in any cotton press or warehouse where cotton is "'^ ' ' stored, or in the offices of presses or warehouses within the city of New Orleans, under penalty of not less than twenty-five dollars, and in default of payment, to im- prisonment for not less than three nor more than thirty days. Penalty. Art. 1420. That whoever shall violate the provisions c. s." ' * 'of this ordinance shall be subject to a fine not to exceed twenty-five dollars or imprisonment in the parish prison for a term not exceeding thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the of- fence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days, one-half of said fine going to informer or prosecutor. Jurisdiction. Art. 1421. (5) That the Recorders of the municipal Ord. No. 1063, ^ ^ . ,1 c- s. courts shall have jurisdiction to hear and entertain all violations of this ordinance occurring in their respective jurisdictions. Repealing Art. 1422. (6) That all ordinances, or parts of or- clause. ^ ■ . lb. dinances, in conflict with the provisions of this ordinance are hereby repealed, and that this ordinance shall take effect from and after its passage. Cabins of Art. 1423. That it is hereby made unlawful for any ferryboats. *^ Ord. No. 5565, person or persons to smoke any cigar, pipe or cigarette Sept. 1, 1891. in the cabin of any ferryboat within the city limits ■ whenever such cabin shall contain a sign prohibiting smoking in same. Penalty. Art. 1424. That any one violating' the provisions of ' this ordinance shall be subject to a fine not exceeding twenty-five dollars, or, in default of payment, to impris- OFFENCES, MISDEMEANORS AND NUISANCES. 561 onment for not more than thirty days, at the discretion of the Recorder having jurisdiction. Art. 1425. That from and after the promulgation of ca?^"'''"^ °" this ordinance, that smoking in any street car, of this J^^q' ^"^ '^'^^' city, except on the two rear seats of open cars, where A^m^ndid^by smoking shall be permitted, is hereby prohibited, and eft'. ^°' "'°^'' shall hereafter be considered as a misdemeanor, and J"iy3o, j39s. any one so offending, or any driver of a street car who permits such an offence, shall be fined not less than $5 nor more than $25, or imprisoned not le.ssthan five days or not more than thirty days, recoverable by the Re- Penalty, corder of the district in which the offence shall be com- mitted. Art. 1426. That one-half of any money thus re- Fine to be covered shall be the property o- the party giving such fo^rming"^*^ *''' information and testimony to the Recorder as will lead ^^* to the conviction of the offender. Art. 1427. That all laws or parts of laws in conflict Repealing with the above be and the same are hereby repealed. ' ib. peddlers. Art. 1428. (1) That it shall be unlawful for any ped-^ Ringing door ^ ^ -^ *^ bells, etc., pro- dler, huckster or vendor of any kind of merchandise to hibited. ' "^ Ord. No. 1487, enter without permission the premises of any citizen or c. s. to maliciously or wantonly ring door bells, knock or annoy by boisterous outcry the peace and quiet of a neighborhood, and any violation of the foregoing shall subject the offender to a fine of not less than ten nor more than twenty-five dollars, upon conviction by the Recorder of the district in which the offence is com- Penalty, mitted, and in default of payment of said fine to im- prisonment of not less than fifteen nor more than thirty days. Art. 1429. (2) That the Chief of Police shall direct Duty of PoUce. the rigid enforcement of this resolution. Art. 1430. (3) That all ordinances or parts of Repealing . _. , clause. ordinances in conflict herewith are hereby repealed, and ib. that this resolution shall take effect from and after its promulgation. 562 OFFENCES, MISDEMEANORS ANO NUISANCES. Repealing^ cer- ^RT. 1431. That Ordinance No. 4024, C. S., as Drd.No 5,56,^°*^°^®^ ^^ Ordinances No. 4090, C. S., 4489, C. S., c-s. and 4891, C. S., be and is hereby repealed, same having been declared illegal by U. S. Court. Ord. No. 4933, C. S., repealed by Ord. No. 5181, C. S. Ord. No 5156, Mar. 3, 1891 DEFACING POLES. Posters, etc. ^RT. 1482. (1) That it shall be unlawful hereafter to c.^'!''* ^°' "^' paste or place any bills, or posters, or dodgers, upon Jan. 4, 1884. any telegraph, telephone or electric lamp post or pole, with or without the consent of the owners of same ; and any person or persons convicted, before any Recorder Penalty. having jurisdiction, of contravention of this ordinance, shall be fined not more than ten dollars, or imprison- ment not more than ten days, at the discretion of the court. This ordinance to go into effect the first day of January, 1884. RICE, CHAFF, MANURE. Removal of Art. 1433. (1) That the removal of rice, chaff and through the ^ ' streets. manure must be done by carts securely fastened so as Ord, No. 1583, . -^ . •; „ „ ,, c. s. not to permit any portion or quantities thereof to fall on any of the public streets or thoroughfares ; and the fail- ure of the owner or owners of any carts or wagons to comply herewith is hereby declared an offence against How regulated, the public health, punishable by a fine for each offence of not less than five dollars nor more than twenty-five „ , dollars, recoverable before the committing magistrate of P6na,Ity« the district in which the offence is committed, or in de- fault of paying said fine, imprisonment in the parish prison or workhouse for a period not less than five days nor more than thirty days. DEFACING LAMPS AND POSTS. Injuring, de- Art. 1434. (2) That from and after the promulga- facing, etc. ^ ■' f & Ord. No. 431, tion of this ordinance any person or persons found Sept. 4, 1883. guilty of in any manner injuring, defacing or otherwise interfering with the lamps, posts, or any parts thereof of the city, shall be fined not less than twenty-five dollars, lb. OFFENCES, MISDEMEANORS AND NUISANCES. 563 or in default thereof to imprisonment for not less than Penalty. thirty days, or both, at the option of the court. TOMBOLAS. Art. 1435. (1) That tombolas, wheels of fortune or in vicinity of ,., ... Tin niaikets, etc. other device by which money or goods is demanded of ord. No. 7908, any person or persons for the chance of drawing a prize juke 27, 1S82. at the public markets, or in the vicinity of the same, on the neutral grounds, in the public squares, or in any of the public thoroughfares of the city, be and the same are hereby prohibited. Art. 1436. (2) That any person or persons violating Penai-y, the provisions of this ordinance shall be deemed guilty of a misdemeanor and subject to a fine not exceeding twenty-five dollars for each and every such violation by the Recorder of the district in which the offence was committed, upon due proof thereof by any police officer or conservator of the peace, and in default of payment of the said fine such person or persons shall be im- prisoned in the parish prison or workhouse of the city for a period of not more than thirty days nor less than ten days, at the discretion of the Recorder. Art. 1437. (14) It shall be unlawful for any person shaking car- 1 , , n pets, hanging or persons to hang up on trees, posts or fences, or on clothes in pub- lines suspended from either, or to spread upon the "^ ^ ^^^^' * ground, any articles of clothing or bedding for the pur- pose 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. Art. 1438. (15) It shall not be lawful to sell, or offer ^J.*^'^«.^f^^fJ|^^ for sale, any article of groceries, by retail, in the streets ^*<=- of the city, either in carts or otherwise. RED LIGHTS. Art. 1439. That any person or corporation causing to To exhibit . , T 1 in where repairs be made any excavation of the public thoroughfares, or are being made, who shall deposit in any street or on any sidewalk, heaps a. s.' of brick, dirt, rubbish or materials whatsoever, pro- ceeding from the construction or demolishing of any 564 OFFENCES, MISDEMEANORS AND NUISANCES. building, or from any other cause whatsoever, shall be bound to place a lamp, with red light, every night, in the centre of said excavation at every point of probable danger, and at the summit of said heap, which lamp must remain lighted during the night, so as to shed a sufficient light to make the encumbrance visible, in order to prevent accidents liable otherwise to happen. Any failures on the part of individuals or corporations to comply with the foregoing ordinance will subject them to a fine of twenty dollars or imprisonment for thirty days, in default of payment of said fine, for each night said lamps shall fail to be lighted as herein re- quired, recoverable before any court of competent juris- diction. ELECTRIC TOWERS. Climbing, Art. 1440. (1) That from and after the passage of defacing or ^ ■^ ro injuring eiec- this ordiuaucc it shall be unlawful for any person or trie towers. "^ ords.Nos. iiispersons to climb upon, deface or injure in any way any June 1,' 1886. of the clcctric towers or poles in the city of New Or- leans, to tamper with the cranes, or in any manner injure or aid and abet in damaging the same. Penalty. Art. 1441. (2) That any person or persons violating * this ordinance shall be liable to a fine of not less than five dollars nor more than twenty-five dollars, or im- prisonment not exceeding thirty days, at the discretion of the Recorder of the district in which the offence may be committed. parks, squares, etc. Property oi Art. 1442. (1) It shall be unlawful for any per- ^ord.'No. 7086, son or persons to wilfully cut, hack, deface or otherwise May 17, 1S81. injure any statues, trees, vases, copings, walks, benches, flowers or any other property appertaining to the public squares or parks of this city. Tramps, va- /^jjrp 1443. (2) Vagrauts, loungers and tramps are lb- hereby forbidden to make any of said squares or parks a place of rendezvous ; and all ball playing, velocipede racing and all kinds of rough sport calculated to injure OFFENCES, MISDEMEANORS AND NUISANCES. 565 ladies and children are expressly forbidden in said squares or parks. Art. 1444. (3) Political meetings, religious gather- pubiic meet- ings, formations of processions, military drill, or any '"^^' ib. assemblage calculated to trample the walks and flower beds, and deface the general aspect of the squares or parks are hereby expressly prohibited within their limits. Art. 1445. (4) There shall be no artillery firing of Artillery pro- any description, for any purpose, in said squares or ib. parks. Art. 1446. (5) Vehicles of all descriptions are here- ., ^. , ^ ^ ■' _ , ^ . Vehicles, boot- by prohibited from standing around said squares, and it blacks, etc. is also made unlawful for bootblacks, candy sellers, peanut venders, patent medicine men, or peddlers of any other description, to ply their avocations in or around said squares or parks. Art 1447. (6) Whoever shall violate any of the sec- Penalty, tions of this ordinance shall, upon conviction thereof, be fined not more than ten dollars, or imprisoned not more than ten days, by the Recorder of the district who may have jurisdiction over the matter. Art. 1448. That any person or persons found molest- Molesting ing the plants or other articles of the public squares or artidL^Jf pab^ parks of the city of New Orleans, or in any wise com- oi-cf.^NoTi'.oip, mitting any act of vandalism which would tend in any juiyg, 1895. way to impair the beauty of the squares or parks, shall be deemed guilty of a misdemeanor, and shall be pun- ished by a fine of ten dollars or thirty days' imprison- ment in default of the payment of said fine for each and every violation of this ordinance, one-half of the fine so collected to be turned over to the commissioners of the square or park in which the offence may have been com- mitted, or in the event of the offence having been com- mitted in any of the squares under the supervision of the Commissioner of Police and Public Buildings, to be Penalty. turned over to him, to be used in the embellishment of the square or park under their charge ; the other half of the fine so collected shall be paid to the informer for the arrest and conviction of any one violating this ordinance. 566 OFFENCES, MISDEMEANORS AND NUISANCES. Signs. ^^ xrt. 1449, That the Commissioner of Police and Public Buildings, as well as all Park and Square Com- missioners, be and they are hereby authorized to have suitable signs printed embodying the above ordinance, and to place the same in such parts of the squares and parks as they may desire. BANANA AND ORANGE PEELINGS. Fruit peelings. Art, 1450. (1) That it shall be unlawful for any Ord. No. 1399, ^ '^ *' c. s. person or persons to lay, place or throw upon any of the banquettes or footways within the limits of the city any banana, orange, fruit peelings or other substance where- by pedestrians, by stepping thereon, may be injured. Penalty. Art. 1451. Any party or parties so offending, upon due proof thereof before any Recorder of the district wherein such offence may have been committed, shall be subject to a fine of not less than five dollars or im- prisonment not less than ten days, or both, at the dis- cretion of the Recorder. Special duty Art. 1452. (2) That the police are specially directed lb. and ordered to arrest and make affidavit against any and all persons discovered by them in the commission of the offence herein set forth. GRASS. Grass or Art. 1453. (1) That the proprietors of lots or houses ord.No. 7277, fronting on the public way in the city or incorporated Aug. 12, 1S81. suburbs shall cause to be uprooted and removed all the grass or weeds growing on the sidewalks or gutters in front of their property, lb. Art. 1454. That whoever shall violate the provisions Ord. No. 5564. of this ordinance shall be subject to a fine not to exceed Sept I, isqi. twenty-five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or impris- oned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprison- ment more than thirtv days. OFFENCES, MISDEMEANORS AND NUISANCES. 567 Ords. Xos. 3973 and 5094 repealed by Ord. No. 5564, C. S. See Amusements, Bicycles, Bakery, Buildings, Cemeteries, Churches, Combustibles, Drivers and Driving, Fire Department and Fire Limits. See Health, Levees, Lewd Women, Markets, Poles, Slaughter- house, Stables and Dairies, Streets, Vagrants, Vehicles, Wharves. Decisions of the Supreme Court. 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 remove private hospitals when they become nui- sances, 5 N. S. 409; and to cut adrift crafts, or otherwise remove them as nuisances, when they remain at a particular portion of the port longer than the time stipulated by ordinance, 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, 3 La. 563; N. S. 293; 6 R. R. 349. The power to abate nuisances is a portion of police authority necessarily vested in the corporations of all populous towns. A resolution of the Council directing a city officer to abate a par- ticular nuisance, under a general ordinance, is legal, and can not be assimilated to an ordinance inflicting a fine or penalty upon a particular individual. 10 An. 227. The city has the power of enacting ordinances to prevent nuisances and to provide for the preservation of public decency, o An. 747. The fine which a municipal corporation is authorized to re- cover for the violation of its ordinances is a penalty in the nature of liquidated damages, and established as such in lieu of the dam- ages which a court would be authorized to assess in place thereof. 4 An. 335. 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 can not be enforced. The imposi- tion of fines must be by ordinance of a general character, opera- tion and effect. 3 An. 688. 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. 566; % R. R. 349. An injunction will lie at the suit of any proprietor in a city to restrain the erection of buildings by an individual on public places, 11 M. 620. An injunction will issue to compel the re- • moval of an obstruction in a common way, 7 R. R. 442; and the burning of a kiln may be prevented by injunction. 2 An. 773. 568 OFFENCES, MISDEMEANORS AND NUISANCES. Individuals have the right to sue for the abatement of a nuis- ance. 10 An. 431 ; 2 An. 770; 11 M. 620. A cemetery is not necessarily a nuisance ; special circumstances are requisite to make it such. 10 An. 431 ; 11 An. 244. Any citizen aggrieved by a public nuisance is entitled to an action of damages against the offending party, especially if such nuisance involves also the breach of a private warranty. 12 An. 541. A municipal corporation has no right to enforce obedience to the ordinances which it has the power to pass, by fine and im- prisonment or other penalty, unless that right has been un- questionably conferred by the law-giver. 38. An. 1. The power of the city of Xew Orleans to inflict fine or im- prisonment is confined and restricted to transgressions of ordi- nances under its police power, and can not be extended to trans- gressors of ordinances looking to revenue. 38 An, 750. Fast driving is not permissible on the streets of Xew Orleans. 25 An. 235. Violations of the ordinances of a city, passed in the exercise of the expressed or implied powers vested in municipal corpora- tions, and relating to actfe not included in the criminal laws of the State, can not be regarded as crimes to which the constitu- tional guarantees of prosecution by indictment or information and trial by jury pertain. 35 An. 1192. The ordinance adopted by the Council of the city of Xew Orleans, prohibiting smoking in the street cars, is constitu- tional and valid. . The police power delegated to the city in section 7 of the charter gives ample authority for the enactment of the ordi- nance. There is much discretion left to a municipal corporation in de- termining what is a nuisance, and the exercise of this discretion will not be judicially interfered with unless the corporation has been manifestly unreasonable and oppressive, invaded private rights and transcended the authority granted to it. To determine what is a nuisance is a question of fact. The City Council of Xew Orleans, to a certain extent, is vested with legislative authority, and it is vested with that discretion within its authority common to all legislative bodies. Within the exercise of this legislative discretion it has authority to de- termine what is a nuisance, and to pass the necessary ordinances to suppress it. 42 An. 484. Constitutional provisions and forms of proceeding relating to crimes denounced by the public criminal statutes of the State do not apply to violations of mere municipal ordinances, save to a very qualified extent. OFFICERS AND EMPLOYEES. 569 The city of New Orleans, even prior to Act 41 of 1890, pos- sessed power to enforce her ordinances by tine or by imprison- ment in default of payment within the limits fixed by law, and when the penalty deiined in the ordinance is within said lim- its the Recorders of the city are bound to observe the same and can neither extend nor diminish them. 42 An. 1110. The courts of this State have no power by injunction to pre- vent a municipal corporation from enforcing police ordinances in the interest of public order and health, penal in their nature. 42 An. 629. The ajarae ordinarily known as pin pool is not a gambling game in the sense of the Constitution and the law; and a city ordinance denouncing it as such is illegal. 43 An. 1076. The same act may constitute a crime against the public law of the State and also a petty offence against a municipal regulation. The two offences are different, and each may be punished with- out violating any constitutional right of the party accused. 45/ An. 717; 46 An. 1232, 1364. OFFICERS AND EMPLOYEES— See Employees. Act 57 of 1888. Section 1 . Be it enacted by the General Assembly of the State of J^^^ ^^^ ^6 of Louisiana^ That Act Xo. 26 of the General Assembly of the State 1873 amended, of Louisiana, approved February 16, 1873, be amended and re- enacted so as to read as follows : That anv public ofttcer or employee authorized by the Con- _ " f i- .' J Extortion m stitution and laws of the State of Louisiana, in either the legisla- office defined, five, executive, judiciary or military departments of the State government, or anj' officer or employee of the parishes, judicial or other districts, or of cities and towns incorporated or having governments authorized by law, whose compensation for ofticial services or employment therein is iixed by the Constitution or laws thereof, who shall charge or receive or take, directly or in- directly, any more than the said lawful compensation for said ofHcial services or employment, shall be deemed guilty of extor- tion in office, and shall be punishable in the manner hereinafter prescribed in this act. Sec. 2. Be it further enacted, etc.. That any public officer or eui- ployee, as designated in section 1 of this act, who shall fraudu- lently carry or caused to be carried, directly or indirectly, upon the lists or payrolls of his office, the name or names of persons as employees therein, to whom are thus allowed salaries or pay for services not rendered, said pretended employee or employees be- ing such as are commonly known as "deadheads," shall, on con- ^ viction] by a [court of competent jurisdiction, be guilty of the 570 OFFICERS AND EMPLOYEES. crime of extortion in office, and shall be punishable in the manner hereinafter prescribed in this act. Punishment, ^^.c. 3. Be it further enacted, etc.. That anj officer or person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of compe- tent jurisdiction shall be liable to pay a fine of not more than •one thousand dollars, and to an imprisonment for a term not ex- •ceeding five years, at the discretion of the court; and any person aggrieved or injured by the acts of said offender shall, indepen- dent of anv criminal proceedings, be entitled to maintain a civil action against the same for damages or injuries sustained, and a verdict in favor of the party injured, or a conviction of such offender, shall, ipso facto, operate a vacation of the office or fimc- tions of said offending official or employee. Repealing Sec. 4. Be it further enacted, etc.. That this act shall take effect and be in force from and after its passage, and all con- flicting laws herewith be and the same are hereby repealed. Act 135 of 1888. N o contract SECTION 1. Be it enacted by the General Assembly of the rhe^'ou'fcoun^ '^^«^« ^f Louisiana, That neither the Council of the city of New cii of New Or- Orleans, nor any committee thereof, nor any of the officers of leans binding, . , . . ,, , , .-,.-,, . . un less previ- said City Shall havc the power to bind the city by any contract Tzed'^ T^t'h'^e ^^^ ^^Y public work, or for the purchase of any materials or sup- Councii, and pHes for any of the departments of the city government, unless fo*\'he "^ lowest there shall have been previously passed a resolution authorizing bidder. j.jjg gg^j^ contract or the said purchase, and unless the said con- tract for public work or for the furnishing of said materials and supplies shall have been let by the Comptroller to the lowest Exceptional bidder, as provided in section 21 of the City Charter; provided, provisions. however, that in cases of emergency the officers of the various departments may make bills for the supplies of materials not ex- ceeding fifty dollars; but in all such cases immediate report in writing of the making of such bill shall be made by the head of the department to the Mayor, setting fortli the reason of his action, which report shall be laid by the Mayor before the Coun- cil and receive the approval of that body before the said bid jis ordered paid. Estimate ot H^c '2. Be it ftirther enacted, etc., That on the first of January supplies and and July of each and every year each and every head of every m ate rials re • •^ •^ »' *^ quired of every department of the city government shall lay before the Council head of de^art^ g^jj gg^jjjjg^j.g ^f j.|j^, gyppjjgg gjjjj ^^^gj.jgj (^^ithin the limitation «ve'y year. of the appropriations made in the budget for his department) that may be needed in his department during the current'six months; and the said Council shall approve or modify, in its discretion, said estimate, and shall thereupon direct the Comptroller to ad- vertise and adjudicate the contract to furnish said supplies and OFFICERS AND EMPLOYEES. 571 material, or so much thereof as may be needed, to the lowest bidder, as provided in section 21 of the City Charter. Act 113 of 1892. Section 1. Be it enacted by the General Assembly of the State ^^ ^.^^.^ .. of Louisiana. That section 6 of Act Xo. 135 of 1888 be and is person al at- hereby amended and re-enacted so as to read as follows : duties°*of*their That officers and members of the city government are hereby "^'^^ °* officers " ^ -^ a n d members required and commanded to attend personally to the duties of of the city their office, and are hereby prohibited from absenting themselves New OrleTns.° from the city of New Orleans unless by permission of the Coun- cil previously granted, for reasonable cause stated and approved. They shall keep their offices open from 9 o'clock in the morning * until 3 o'clock in the evening, and shall require their employees and clerks to be and remain therein during those hours. Art. 1455. That in all cases in which the Mayor or citv to pay any Administrator or officer of the city may have been Mayor an" Ad - or may hereafter be sued upon by any individual for ord. No, 2843, acts performed in the execution of their duty, the city Nov., 1874. will pay the fees of counsel employed by them in their defence as well as the amount of any judgment that may be obtained against them and all costs and other expenses of suit, and otherwise indemnif v them from all loss, injury or damage which they may be jointly or severally subjected to in the premises. Art. 1456. That from and after the passage of this to visit public ordinance it shall be the duty of the Mayor and Admin- monthly."""' istrators of the city of New Orleans to make a monthly j^^^.' ^°* ^^^' visit to the public institutions of this city, such as the ^"■' '^^^• Boys' s House of Refuge, the Insane Asylum, the Asy- lum for the Aged and Infirm, the Parish Prison, etc., to examine the condition of said institutions. Art. 1457. That from and after the adoption of this Authority for ordinance no new work to an amount exceeding five IsCi'*'"® **^*'' hundred dollars shall be undertaken or contracted for a°'s.* ^°" ^^' by any Administrator without the authority of the City ^''^' '^^^* Council first obtained and resolution to that effect. Art. 1458. (3) The Comptroller shall not issue war- Bonds to be '■ completed be- rants to officers or emplovees of the city in any instance fo-'e issue of J. » »/ ^ warrants. until they complete their bonds in accordance with the O'^. No. 3205, ordinance under which they hold office. Jan- 7. 1857. 572 OFFICIAL JOURNAL. nished within two weeks. i lb. or names of his 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. Condition of Art. 1460. (5) It shall be the duty of the City At- ib. torney and 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-ap- pointment or re-election shall not impair the obligation of such bonds. Executive Department, see section 12, City Charter. Oath of office, see section 16, City Charter. Ineligibility of members of Council, see section 18, City Charter. Right to seats in Council, see section 29, City Charter. Removal, see section 30, City Charter. Holding over, see section 31, City Charter. Clerks, Deputies, each department, their bond and duties, see section 39, City Charter. Salaries, see section 40, City Charter. No increase of salaries, see section 41, City Charter. OFFICIAL JOURNAL. Public print- Art. 1461. That the police iuries and municipal cor- ing to be let out . 1 • 1 T -1 H /-\ by contract to porations m all parishes, including the parish or Or- the lowest bid- f , „ f „ _ , -. . ,. „ der. leans, shall not hereafter order public printing of any Act6, i88i. ,.,' , ,-, ; :.-.-.• kind unless the same be done under contract and adju- dication to the lowest responsible bidder under such rules and regulations as they may establish, after due public notice of at least ten days ; and the price thereof shall not in any case exceed the price fixed for judicial advertisements ; and for other printing or job work they shall in no case exceed the maximum price fixed for State printing in this act. The said police juries and municipal corporations shall always have reserved to them the right of rejecting any and all bids, and shall require adequate security in the parish from the lowest responsible bidder for the complete fulfillment of the contract resulting from adjudication. ORDINANCES AND CITY LAWS. 573 Art. 1462. It shall be the duty of the Mayor to puh- Pf/JF^^^'ion^ o* lish all ordinances and resolutions passed by the Coun- Ift^y cLner, cil, and it shall be the duty of the Clerk of the Council to publish the proceedings of the Council. The whole in a newspaper published daily in New Orleans, and which shall have been in existence as a daily paper for one year previous to the contract ; the proprietors of which paper shall offer to publish said proceedings at the lowest price, at public auction, after one week's notice, and give good security for the faithful perform- ance of the work. Such offering shall be made at least every two years, and no contract shall be made for a longer period. Art. 1463. That hereafter no officer of this city, nor. Publications '' in ofbcial jour- any State officer, shall cause to be published at the ex- ^ah^ ^^^ ^^ pense of the citv any notice or advertisement inanyc.s. ^ ' J J April 8, 1890. other than the official paper of the city, nor for a longer time than is required by law, unless by special order of the Council. Art. 1464. That the finance committee shall not ap- ^See's^a™^ prove any bill for any printing done in violation of the p'"'"'*'- j^ first section of this ordinance. Art. 1465. That the finance committee be and it is ^J T[e'r'"t'h'f hereby directed to cancel and disregard all charges o^d° no. 10,267, made for advertisements which appear after the hour^'/eb. a, is^s- set forth in the matter of bids and proposals and their reception. ONE-TWELFTH RULE— See Appropriations. ORDINANCES AND CITY LAWS— See Comptroller, Mayor. Art. 1466. That the Mayor of the city be and he is compilation hereby authorized and directed to employ a competent nances, person or persons whose duty it shall be to make and c." s. * ' ' May 21, 1895. prepare a careful compilation of the ordinances of the city of New Orleans up to date, and to properly digest and index same, and he shall also compile all laws of 574 ORDINANCES AND CITY LAWS. ordhfanfls. ° ^ *^^ ^^^^^ ^^^ decisions of the Supreme Court of the State s« ''''^""^' effecting said ordinances of the city of New Orleans. Art. 1467. No ordinance or resolution shall pass the Council at the same session at which it is first offered, but any ordinance or resolution shall at its first offering be read in full, and shall lay over one week before being finally considered Oy the Council. Open doors. ^^^ ^^gg rpj^^ Couucil shall sit wlth opcu doors and ^''" no resolution or ordinance, except resolutions for in- vestigation and for the conduct of parliamentary busi- ness, shall have the force of law, unless it receives the votes of the majority of the members elected to said Council, and unless on its final passage the ayes and nays are called and recorded. Approval of Art. 1469. All Ordinances and resolutions, after hav- sec. 20. ' ing been passed by the Council, shall be transmitted to the Mayor for his consideration, who, if he shall approve thereof, shall sign and publish the same, and such or- dinances and resolutions shall thereupon have the force of law. But if the Mayor shall disapprove of any or- dinance or resolution transmitted to him as aforesaid, he shall within five days from the time he received it return the same to the Couucil with his objections in writing, and if two-thirds of the members elect shall adhere to said ordinance or resolution notwithstanding said objection, then, and not otherwise, the said ordi- nance or resolution shall, after publication thereof, have the force of law ; the failure to return an ordinance with his veto within five days, if the Council be in ses- sion, or to the next session of the Council after five days, shall have the same efl'ect as a veto. Any ordinance making appropriation or fixing the number and salaj'ies of employees may be approved in part or vetoed as to specific items mentioned by the Mayor in his veto mes- sage. Publication. Art. 1470. It shall be the duty of the Mayor to pub- se Drainage Machines. Bienville street: One engineer, $83.33 per month; two two firemen, each $50 per month. Melpomene avenue : One engineer, $83.33 per month ; two firemen, each $50 per month. Dublin avenue: One engineer, $83.33 per month ; two firemen, each $50 per month. London ave- nue: One engineer, $83.33 per month; two firemen, each $50 per month. Orleans street: One engineer^ $83.33 per month; one fireman, $50 per month. Algiers Pump, One watchman, $10 per month. 582 ; ORGANIZATION. WJiarves and Landings. One superintendent from Canal street to lower limits, $120 per month ; one superintendent from Canal street to upper limits, $120 per month ; one wharfinger First District, $100 per month ; one wharfinger Second District, $100 per month ; one wharfinger Third District, $75 per month ; one wharfinger Fourth District, $83.33 per month; one contraven- tion clerk. First District, $70 per month ; one con- travention clerk, Second District, $70 per month ; one signal officer. First District, $45 per month ; one signal officer, Second District, $45 per month ; one keeper public roads, Algiers, $60 per month. City Council. One clerk of Council, $150 per month; one assistant clerk of Council, $150 per month ; four committee clerks of Council, each $150 per month ; one sergeant-at-arms, $125 per month. Citi/ Attorney. One assistant City Attorney, $283.33 per month ; two assistant City Attorneys, each $200 per month ; one assistant City Attorney, $166 per month ; one clerk, $100 per month ; one assistant clerk and stenographer, $75 per month ; one messenger, $60 per month. City Engineer. Two assistant City Engineers, each $135 per month, one chief clerk, $150 per month ; two assistant clerks, each $120 per month ; three assistant en- gineers, each $100 per month; one draughtsman, $100 per month ; one inspector, $100 per month ; one stenographer, $75 per month ; five rodmen, each $50 per month; one assistant draughtsman, $55 per month; one tracer, $50 per month ; one messenger, $40 per month ; one custodian, $55 per month; one copyist, $20 per month ; three inspectors, per day, each $3 ; one porter, $20 per month. OVENS AND KILNS. 583 Art. 1481. That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby repealed. Ordinances organizing the departments : Ordinances Xos. 2956, 2977. 2990, 2992, 3030, 3076, 3101, 3174, 3305, 3306, 3479, 3665, 3691, 3831, 4775, 5029, 5117, 5118, 5292, 6426, 7151, 7737, 7750, 7955, 8470, 8471, 8601, 8876. ORPHANS. See Asylums. Art. 1482. That Ordinances Nos. 420 and 3321, O. S., Repeal. ng , 11 11 IT ^i^^«[: as in any manner to interfere with or prohibit the railroads ^°^^^- j^ now existing or grants heretofore made from repairing or caring for their tracks, or to relieve them in any man- ner from any of their obligations to the city of New Or- leans. Art. 1561. That all ordinances or parts of ordinances ^i^^^^^p^^^'^s contrary to or in conflict with the provisions of this or- dinance be and the same are hereby repealed. ST. ROCHE AVENUE. Art. 1562. That the Mayor be and he is hereby di- Board of . . Commissioners rected and authorized to appoint the followmg-namedord. No. 11,525, gentlemen as a Board of Commissioners for the improve- ment of St. Roche avenue, from St. Claude to Roman streets ; said Board of Commissioners to have all the rights, privileges and authority vested in other Boards of Commissioners : Pascal Lamarque, Capt. Jno. J. Williams, Manuel Joachin, John Conrad, JohnCouchet, B. Weib, W. R. Nixon, Jas. Kennedy, Wm. Neil, George Perry, Paul Dutel, P. A. Carreras, Jas OUiphant, John Kennedy, Peter Scott, Henry Bird, Jos. Bitters, John Ferry, Jos. Lalal, Peter Everett. TRITON WALK. Art. 1563. (1) Thatthe neutral ground on Triton Walk, Board of from Baronne to Rampart street, be placed in charge of ^^o^d'^ilo'.Tglo! a Board of Commissioners, to be composed of John ''^ jungly ,382. Boland, Sr., John Boland, Jr., A. J. Ward and J. A. Florat, the purpose of said commissioners being the im- provement and beautifying of said neutral ground. Art. 1564. (2) That said Board of Commissioners Powers of. shall be invested with the same powers and authority as conferred upon commissioners appointed under Ordi- nance No. 7012, A. S. URSULINES AVENUE. Art. 1565. Thatthe name of Ursulines street, from Management . ' and control. Claiborne to Bayou St. John, be changed to Ursulines ^.°^'^- ^°- 5639, avenue, and that the management and control of the "sept. 29, 1891 610 PARKS, SQUARES AND NEUTRAL GROUNDS. said Ursiilines avenue be and is hereby entrusted to the Ursulines Avenue Improvement Association, from Clai- borne to Broad street. Art. 1566. That the following-named persons : Jo- seph Garcia, Joseph Bernard, John S. Mioton, Fillmore Delaup, Felix Bergeron, Otto T. Maier, Prosper A. Le Blanc, Victor J. Joubert, F . Alcee Allain and Louis P. Deleroix, constituting the Board of Commissioners ap- pointed by said association , be and are hereby duly com- missioned as such without pay from the city, for the term ot ten years from September 1, 1891, with full power to fill vacancies in their number. Art. 1567. (2) The said association shall have the full and exclusive power to govern, manage and direct the said Ursulines avenue, to lay out and regulate the same; to pass rules and ordinances for the government thereof not inconsistent with the law or the city ordi- nances ; to elect and appoint such officers and committees as they may deem proper ; to prescribe and define their re- spective duties and authority ; to fix the amount of com- pensation of their employees ; provided, that neither the city nor said Ursulines avenue be liable therefor, and generally to do all things in regard to said Ursulines avenue tending to the ornamentation and beautifying of the same for the health, pleasure, instruction and enjoy- ment of the people. ReTCBues.^^ Art. 1568. (3) The said association is authorized to collect, receive and expend, according to its discretion, for the purposes herein set forth, any and all donations, subscriptions, contributions and funds which may be provided by the municipal corporation or otherwise, the fines hereinafter provided for, and the revenues and moneys which may be derived from said property entrusted to its management and control, or from the products thereof and privileges granted thereon, R « 1 e s and Art. 1569.(4) It sliall be lawful for said association, at regu a ions. ^^ ^^^ mectiug thcrcof duly convened, to pass such rules, regulations and ordinances as they may deem necessary for the government of said Ursulines avenue, not incon- sistent with the ordinances and regulations of the city. PARKS, SQUARES AND NEUTRAL GROUNDS. 611 Art. 1570, (5) All persons offending against or vio- Penalty. ^^ lating any of said rules, regulations and ordinances, shall be deemed guilty of misdemeanor and punished on conviction before the Recorder having jurisdiction, by fine not exceeding twenty-five ($25) dollars, and in de- fault of payment by imprisonment not exceeding thirty (30) days, and the fines collected, as well as any other fines received for violation of any city ordinance with, in the limits or said Ursulines avenue, shall be paid to the association for the benefit of said avenue. Art. 1571. (6) The said association shall have power to Tr«es and plant trees on the said avenue, and it shall be unlawful^ *"^^" ib. for any person to destroy, cut, remove or tamper with said trees, in any manner, after once planted, without first the consent of the commissioners of the said as- sociation being obtained. It shall also be unlawful for any person or persons to interfere with any one of the t^mployees of said association while discharging their duties under this ordinance. Any person violating this section, upon conviction shall be punished as specified in section 5. Art. 1572. (7) All plans and specifications for the im- city Engineer, provement to be made by said association shall be sub- mitted to the City Engineer for approval. Art. 1573. (8) It is understood that nothing herein PubUc drive, shall be so construed as in any manner to change the destination of said avenue as a place of public drive, the use and enjoyment of which shall be opened to all, subject to the police power for preservation of order and the protection of property and rights. Art. 1574. (9) All ordinances or parts of ordinances Repealing contrary to, or in conflict with, or upon the same subject matter, are hereby repealed. LEE PLACE. Art. 1575. (1) That the public park in the First Dis- peHicationof trict of this city known as Tivoli Circle, be and the same is hereby confided to the charge of the Lee Monumental Association, for the purpose of erecting and maintain- ing therein a monument to the memory of General ment, 612 PARKS, SQUARES AND NEUTRAL GROUNDS. Robert E. Lee, subject to such police regulations as may be adopted and approved by the City Council ; and pro- vided, that the erection of said monument shall begin within one year and be completed within five years from the passage and promulgation of this ordinance. L ee Monu- ^^jjrp 157(5.. (2) That Said association, through its president or authorized agents, shall have the right to enter upon the ground within the present enclosure and prosecute such works as may be considered necessary tor preparing the foundations of the monument, laying out and planting shrubbery, and performing all such work according to plan as may be adopted to carry out the object in view. The association also shall have the right to make such rules with regard to the admission of people within the enclosure during the progress of the work as will not interfere with the prosecution of the same ; provided, however, that said rules are not in conflict with the present city laws, or if so, shall be especially approved by the City Council ; and provided further, that the property in and about said circle be not disturbed. Art. 1577. (3) That the ground within the enclosure to be so improved shall be dedicated to the memory of Gen. Robert E. Lee, and as soon as the work is com- menced shall thereafter be knewn as Lee Place, but the name of the outer street portion shall still be preserved under the designation of Tivoli Circle. Tivoli Circle LIBERTY PLACE. Boundaries. Art. 1578. (1) That Ordinance No. 8137, A. S., A°s^' ^°'^'^'' adopted November 9, 1882, be and the same is hereby Nov 'S, 18S2. j,gp^^jg^^ ^^^ ^j^^^ j^jj ^^^^ portion of the neutral ground situated on Canal street, between Wells and Duty of Sur- Delta strccts, or as much thereof as may be necessary, "^y^"^- to be specifically defined and laid out by the City Sur- veyor, be and the same is hereby set apart and dedicated Designation by tlic city of Ncw Orlcaus, as a public place or site to °^' be known and styled as the Liberty Place, and is to be used exclusively in the erection of a monument in honor Object. of those who fell in defence of civil liberty and home PARKS, SQUARES AND NEUTRAL GROUNDS, 613 rule, in that heroic and successful struggle of the 14th of September, 1874. Art. 1579. (2) That the following-named gentlemen Board of . . . » • T Commissioners be and are hereby appointed commissioners of said ib. Liberty Place, to-wit : F. N. Ogden, J. Dickson Brims, John Glynn, Jr., and Frederick G. Freret, they being and composing the original committee of the Fourteenth of September Monument Association, as per their petition of October 31, 1877, on file in the office of the Secretary of the City Council. Art. 1580. (3) That said commissioners be and are Po^^^rs of.^^ hereby invested with all necessary powers for consum- mating the objects, purposes and intent of this ordinance. MACARTHY SQUARE. Art. 1581. That his Honor the Mayor be and is here- Mavor toap- -^ point Commis- bv authorized to appoint five commissioners for Ma- s'°""l:, Ord. No. 5383, earthy Square, who shall have all the power and authority c. s. conferred on commissioners of other squares and parks. MARGARET PLACE. Board of mm issioners Art. 1582. (1) That there be and is hereby created aco Board of Commissioners, to be composed of the follow- ^Ord. No. 7949, ing-uamed ladies, to-wit: Mrs. Adam Thomson, chair- "^"'^ '^''^^• man; Mrs. Thomas Gilmore, Mrs. Henry Beer, and they are hereby entrusted with the management of said Mar- garet Place, for the purposes and with the powers here- inafter defined, to-wit: Art. 1583. (2) That said Board of Commissioners Power of. ^^ shall have the power to organize themselves by the election and appointment of such officers (except as hereinbefore specified) and committees as they may deem proper, and adopt such rules and regulations or by-laws as they may consider useful or njjcessary ; pro- vided, the same be not inconsistent with law or city ordi- nances. They shall have power to fill vacancies created by the board for any cause whatever. Art. 1584. (3) That said Board of Commissioners To assume shall be and are hereby authorized, immediately on the '^°" ^° ' ib. adoption of this ordinance, to assume and undertake the 614 PARKS, SQUARES AND NEUTRAL GROUNDS. sole and exclusive control, management and supervision of said square or park, designated as a place of resort for the amusement and recreation of the people. Object of ordi- Art. 1585. (4) That the object of this ordinance and lb, the expressed intention of the citizens hereinbefore designated being the improvement of said square or park, at their own expense or with such other means as they shall themselves provide, through private contribu- tions or otherwise, without cost to the municipal corpora- tion, said Board of Commissioners are hereby specially empowered and authorized to have such work done in said square or park, and alterations made as they shall deem proper to ornament and beautify the same and con- duce to the pleasure and enjoyment of the people in their own full and final discretion, without interference on the part of the municipal authorities. Said commissioners are authorized to change or remove existing enclosures, railing, benches, etc., if necessary to the work of im- provements, as they may design, and dispose of same, the proceeds to be expended in the work of improvement on said square or park. Rights re- Art. 1586. (5) That the municipal government re- served city. ^^ ^g^^jjg Qj^iy ^}jg power and duty to properly police said square or park, and such special ordinances or measures shall be adopted in this respect as may be necessary to protect the work of the commissioners and guarantee to the citizens the full and free enjoyment of said square or park. How con- Art. 1587. (6) That nothing herein shall be so con- strued. ^^ strued as in any manner to change the designation of said square or park, designated as a place of public re- sort, the enjoyment of which shall be open and common to all, subject only to the police power to preserve order and protect property herein already provided. EBciosure of Art. 1588. (1). That the commissioucrs of Margaret o"rd"No.*8i32, Place are hereby authorized to enclose the surrounding Nov. 10, 1892. banquettes, and to make them a part of said place ; pro- construction yidcd, that sultablc walks be constructed through said of walks. ' ■ ^ ^ place for the convenience of the public. Art. 1589. That so much of that portion of ground PARKS, SQUARES AND NEUTRAL GROUNDS. 615 as is between the continuation of the line of old Camp ^^^^J d i t i onai street and that of new Camp street, as described and set^^'*^- ^°- "5, forth on a plan drawn by the City Surveyor, dated ^ec. 12. 1882. , , and now on file in his oflice, be and is hereby granted to the commissioners of Margaret Place and shall form part of Margaret Place. Art. 1590. All lines and grades appertaining to said portion of ground shall be established and furnished by the City Surveyor. Art. 1591. (1) That for the purpose of adding to the Additions to usefulness of Margaret Place, as well as enhancing its Place, beauty and enlarging its area for the recreation and pleas- c. s. ' ure of its visitors, that portion of ground embraced be- tween the line of curb on the east side of the park and a line 45 feet 9 inches from the east property line on Camp street, between Calliope and Clio streets, be and the same is hereby declared a part and parcel of said Margaret Park or place, and the same is hereby dedi- cated by the city for that purpose. Art. 1592. (2) That Ordinance No. 16, C. S., defin- ing the limits of Margaret Place, is hereby altered and amended so as to conform herewith, and the map or Board ot com- plan of City Surveyor, marked A attached hereto, be ap- o^!n'o.To84s, proved and filed as of record. 9^^^ j„ Art. 1593. (3) That all ordinances in conflict here- with be repealed. METAIRIE PARK. Art. 1594. That the Board of Directors of the Me- Boundary. tairie Cemetery Association is hereby constituted Com- missioners of the Metairie Park, and, as such, is hereby instructed and vested with the exclusive power of gov- ernment, management, direction and control of the said approaches of the new bridge ov^r the New Canal, for a distance of three hundred feet each way from said bridge and a width upon each side of said canal to the extent of the property of the said New Basin Canal and Shell Road, all in accordance with said agreement and as per plan hereinafter mentioned ; and for the purpose of such management and control said park commissioners 616 PARKS, SQUARES AND NEUTRAL C4R0UNDS. Improvements ^hall have power to adopt such rules and rej^ulations as ^^- in its judgment may be necessary for the protection of said approaches from injury or vandalism. Unlawful to Art. 1595. That the improvements herein contem- woTd,°st^on" plated shall be at the sole expense of said park com- ib, missioners, plans of which shall first be submitted to the Council for approval. Said commissioners shall not re- ceive any compensation from the city of New Orleans. Art. 1596. That it shall be iinlawful for any person or persons to place or throw on said approaches to said new bridge, any wood, stone, brick, lime, cement, as- phalt, shells or any other paving or building material, or rubbish or trash of any kind whatsoever. It shall also be unlawful for any person or persons to plant or place on said approaches any object or plant of whatso- ever kind or character, whether ornamental or otherwise, or to dig into, or to upturn the earth of said approaches, Dr in any manner to infringe or violate any of the rules and regulations of said park commissioners in reference to said approaches, without first obtaining the consent and approval of said park commissioners. Penalty, ^^ Art. 1597. That any person or persons violating any of the foregoing provisions of this ordinance shall be deemed guilty of a misdemeanor, and be punished, on conviction, by a fine not exceeding twenty-five dollars for each offence, or, in default of payment, by impris- onment not exceeding thirty days 5 said fine or impris- onment to be imposed by the Recorder of the district in which said offence shall have been committed. R ep e ai i ng Art. 1598. That all ordinances or parts of ordinances lause. contrary 'to or in conflict with this ordinance be and the same are hereby repealed. MORRIS PARK. Changing Art. 1599. That the square formerly known as Douglas. '' Douglas Square," bounded by Washington avenue, c. s.' °' '^ 'Third, Freret and Howard avenue or St. George street, shall hereafter be known as Morris Park. PARKS, SQUARES AND NEUTRAL GROUNDS. CI 7 NAPOLEON AVENUE. Art. 1600. Creating a board of nine (9) commission- Board of com- 1 • i? -VT 1 r. mi'sioners. ers for the improvement of Napoleon avenue from ord, nc 9782. Tchoupitoulas to Claiborne streets. 001.2,1894. Art. 1601. That Ordinance No. 9872, C. S., an ordi- Powers, nance creating a Board of Commissioners for Napoleon c's. avenue be and the same is hereby amended to confer upon the commissioners appointed under said ordinance the same power as given to the Board of Commissioners of St. Charles avenue, as contained in Ordinance No. 8927, C. S. NEWMAN PARK. Whereas, Mr. Charles Newman and neighbors offer to make a donation pure and simple and irrevocable unto the city of New Orleans of a portion of ground forming the triangle designated by the No. 206, bounded by Pry- tania, Urania and Felicity streets, and measuring 21 feet front on Prytania street by a depth of 81 feet on one side and of 85 feet on the other, all more or less, on the condition that the same be forever kept and dedi- cated to the uses of the public as a square or park. Art. 1602. That the donation of said portion of ground '"onations is hereby formally accepted under said condition, and the o-'J no.7043» City Notary is hereby instructed and directed to prepare Dec 27, 1893. the act necessary to transfer the ownership of the same to the city, and his Honor the Mayor is authorized and requested to appear in said act to accept the donation in behalf of the city. Art. 1603. That said portion of ground be and the Ground dedi- same is hereby dedicated for said purpose, and shall ""ord." No. 8634, hereafter be known as Newman Park. ^'An. 23, iSgi. Art. 1604. That the Mayor be and he is hereby au- Mayor to ap- thorized and directed to appoint five commissioners, sionors.*"" who shall be vested with the power of beautifying, or- namenting and improving said park, and said commis- sioners are hereby authorized to disburse all moneys do- nated or otherwise received for this purpose. lb. 618 PARKS, SQUARES AND NEUTRAL GROUNDS. ORLEANS AVENUE. Orleans ave., Art. 1605. (1) That the BoRrd of Commissioners of c1 a"^ d e\na the Place d' Armes Square, in the Second District of this co^mmVsio^nercity, bc and is hereby authorized to assume and under- d' Armes to as- take thc solc and exclusive control, management and s u m e coniro g^pgj.yjgJQjj qJ' |^}jg Orlcaus avcuuc, bctwceu St. Claude c, s"! ' ^ °* ^^°' and Marais streets, for the purpose of improving said Jan. ic, 18S4. ^' ^ avenue. Said work to be done under the supervision of the Commissioner of Public Works and City Surveyor, and revocable at the pleasure of the Council. PARKERSON PLACE. Dedicating Art. 1606. That tangible evidence of same be given ''or'd. No. 2924. by transforming the neutral ground of Terpsichore May 1, 18S8. street, between Prytania and Coliseum streets, into an ornamental park, to be called Parkerson Place, in honor of the able leader of the above-named organiza- tion, and that the Commissioner of Public Works be requested and instructed to execute and provide for the same. Mayor to ap- Art. 1607. That the Mayor be and he is hereby point Conimis- . . . sioners. authorizcd and empowered to appoint a commission of Ord. No. 5219, ^ . 1 r. , o • 1 c. s five citizens to supervise the work of beautifying and April 14,1891. ^- -D , Dl ornamenting Parkerson Place. ST. CHARLES AVENUE. Board of Com- Art. 1608. That there be and is hereby created a oid.^No.^6222, Board of Commissioners, to be entrusted with the man- c s April 5, 1892. agement and control of said St. Charles avenue and the said neutral ground thereof, to be named and styled the Board of Commissioners of St. Charles Avenue and Neutral Ground thereof. erm o o ce. j^^rj, igoO. (2) That the said Board of Commission- ers shall be composed of fifteen persons to be appointed by the Mayor, five of whom shall be appointed for the term of two years, five for the term of four years and five for the term of six years ; and thereafter all ap- pointments on said board shall be for the term of six PARKS, SQUARES AND NEUTRAL GROUNDS. 619 years ; that said commissioners shall receive no com- pensation as commissioners ; that in case of vacancy the same shall be filled by the remaining members of the board for the residue of the term then vacant, and all vacancies caused by the expiration of terms of office, or neglect, or incapacity of qualification, or otherwise, shall- be filled by the Mayor. Art. 1610. (3) That said board shall have full and ex- Powers and , , . 1-1 duties. elusive power to govern, manage and direct the said ib. avenue and neutral ground ; to lay out and regulate the same ; to pass rules and regulations for the government thereof, not inconsistent with the law or city ordinances ; to elect or appoint such officers and committees as they may deem proper ; to describe and define their respec- tive duties and authority, and the amount of their com- pensation; provided, that neither the city nor said public property be liable therefor, and generally to do all things in regard to said St. Charles avenue and neutral ground to the ornamentation and beautifying of the same for the health, pleasure, instruction and enjoyment of the people. Art. 1611. (4) That the said commissioners, nor any of interest in con- ^ ^ 'J tracts pro- them, shall ever directly or indirectly be in any way in- hibi.ed. terested in any contract or work of any kind whatsoever, connected with said avenue or neutral ground, or privi- lege granted thereon ; and that if the Mayor shall be satisfied that any of said commissioners shall have vio- lated this provision, after he shall have heard said com- missioner in regard thereto, he shall immediately re- move the commissioner or commissioners thus offending. Art. 1612. (5) That the said Board of Commissioners Revenues, be and they are hereby authorized and empowered to ^^' collect, receive, and expend, accordiHgto their discretion, for the purposes herein set forth, all and any donations, contributions, subscriptions, funds which may be pro- vided by the municipal corporation, the funds hereinafter provided for and the revenues and moneys which may be derived from said property entrusted to its manage- ment and control, or from the products thereof and privileges granted thereon. 620 PARKS, SQUARES AND NEUTRAL GROUNDS, lb. violating any rule or regulation passed by said Board of Commissioners, as set out in section 3 of this ordinance, shall be deemed guilty of a misdemeanor, and be pun- ished, on conviction before the Mayor, Recorder, or any magistrate, by a fine not exceeding twenty-five dollars, and in default of payment by imprisonment not exceed- ing thirty days, and the fine collected, as well as all fines collected for the violation of any city ordinance within the limits or upon St. Charles avenue and neutral ground, shall be paid to the said Board of Commission- ers to be used for the said St. Charles avenue and neutral ground. re?erttoBolrd ^RT. 1614. (7) That should from any cause what- ers^o£A^idub°o"n socvcr Said Board of Commissioners fail to qualify or Park. ^^ relinquish the control of or neglect to care for said St. Charles avenue and neutral ground, the supervision and control thereof shall of right revert to the Board of Commissioners of Audubon Park, as originally set out in Ordinance No. 5639, Council Series, and all powers and rights therein set out shall be revived. Unlawful to Art. 1615. That it shall be unlawful for any person throw or place rubbish, eic. or persons to place or throw on neutral ground or St. 0rd.N0.8g21 ^ ^ ■,•■,?• c. s. Charles avenue any wood, stone, brick, lime cement. March 27,1894 . , -i t • 1 asphalt, shells, or any other paving or building material,, or rubbish, or trash of any kind whatsoever. It shall also be unlawful for any person or persons to plant or place on said neutral ground any object or plant of whatsoever kind or character, whether it be ornamental or otherwise, or to dig into or upturn the earth of said neutral ground, without first obtaining the consent and approval of the Board of Commissioners of St. Charles avenue. Penalty. Art. 1616. That any person or persons violating any ■ of the foregoing provisions of this ordinance shall be deemed guilty of a misdemeanor, punishable by a fine of not more than twenty-five dollars or suffer imprison- ment for a term of not more than thirty days in default of payment of said fine, said fine or imprisonment to be imposed by- the Recorder of the district in which the PARKS, SQUARES AND NEUTRAL GROUNDS. 621 offence shall be committed, and the fine so imposed and collected, as well as all fines collected for violation of any city ordinance effecting said St. Charles avenue and neutral ground, shall be paid one-half to the Board of Commissioners of said St. Charles avenue, to be used for the avenue and neutral ground. Art. 1617. That nothing herein shall be construed as, n?^ to pro - ° hibit repairs by in any manner to interfere with or prohibit the New c a^ r o 1 1 1 on Orleans and Carrollton Railroad Company from repair- ing or caring for their tracks, or to relieve them in any manner from any of their obligations to the city of New Orleans. Art. 1618. That all ordinances or parts of ordinances Repealing contrary to or in confiict with this ordinance be and the ' ib. same are hereby repealed. SUGAR EXCHANGE PARK. Art. 1619. (1) That the space between Bienville, g°d°No""i'2 Delta and Front streets be and the same is hereby des- c- s. •^ Aug. 21, 18S3. ignated as a public park, to be known as the Sugar Ex- change Park, and that the management and improve- soaj^iof com- " ' '^ ^ missioners. ment of the same be entrusted to persons to be appoint- ed by the Mayor. Art. 1620. (2) That said Board of Commissioners Powers ot. shall have power to organize themselves by the election ^^' and appointment of such officers and committees as they may deem proper, and adopt such rules and regulations or by-laws as they may deem necessary; provided, same ' be not inconsistent with law or city ordinances, the ob- ject being the improvement of said square at their, or by private subscription or otherwise, without cost to the city ; and to that end to have such work done as to them shall seem proper, to ornament and beautify same and conduce to the pleasure and enjoyment of the people, as more fully provided for in Ordinance No. 7012, relative to the improvement of public parks, squares, etc. Art. 1621. (3) That the improvements of said park Forfeiture of be commenced within thirty (30) days after the promul- P"^'ieg«- ^^ gation of this ordinance, otherwise forfeiture of this, privilege 622 PARKS, SQUARES AND NEUTRAL GROUNDS. TULANE PARK. Boundaries. Art. 1622. That the triangular steep of ground, c. s. ' formed by the iunction of Banks and Common streets June 3, 1884. "^ •* and running from Galvez street to a point at or near the corner of Prieur street, be and the same is hereby ap- propriated for a public park, to be maintained without ex- pense to the city, and under the exclusive direction of the following commissioners : Sister Mary Carroll, Commission- John Douglass, Patrick Gleunon, John T. Gribson, John ere, powers of, " ' McCaffrey, Peter Blaise and C. C. Bartwell ; said com- missioners to be empowered to be autify and adorn said park agreeable to their tastes and by contributions from the citizens of that section ; said park to be used as a public resort for recreation or amusement; provided, that nothing shall be placed therein in contravention of existing ordinances. Lines and Art. 1623. (2) That lines and levels and such plans lb. shall be supplied said commissioners by the City Sur- veyor as may be found necessary for the carrying into effect the objects herein set forth, to establish and em- bellish the plat of ground hereinbefore mentioned. Art. 1624. (3) That this resolution shall take full force and effect from and after its passage. AmendingOrd^ Art. 1625. That Ordinance No. 744, being an ordi- ord. N^lo.os6i nance creating and establishing the public park known Dec, 4, 1894. as the Tulaue Park, situated at the intersection of Tu- • lane avenue. Banks, Johnson and Galvez streets, be and is hereby amended for the following reasons : First, that no provisions are made in said Ordinance No. 744 to fill any vacancies that may occur on the Board of Commissioners who have control of the said park ; sec- ond, there is now vacancies existing on said board. Appointment Art. 1626. That Ordinance No. 744 be and is hereby of commission- tt, .i- -t r. n era. amended by striking out in line 6 of said ordinance all ' after the words ' ' public park "up to and including the words '' C. C. Hartwell " in line 12 of said ordinance, and insert in lieu thereof the following: "And the Mayor is hereby empowered to appoint and commission the following named persons to serve as commissioners PARKS, SQUARES AND NEUTRAL GROUNDS. 623 of the said park who shall have sole control and management of the affairs of the said park, and the said Board of Commissioners is hereby empowered to fill all vacancies occurring on the said board occa- sioned by death, resignation or removal from the ward in which the park is situated: John T. Gibbons, C. C. Hartwell, Peter Blaise, Thomas Douglas, John Koepfer, Wm. Purnell, James Triay, Jos. J. Owens, Thomas Hig- gins, Anthony Whalen, Steven Cain, Thomas Connelly, William Cummings, Robert W. Norton, Frank Cnllen, Patrick Crane, J. Werling, James Mullen, M. G. Leeney, Jas B. Keenan, James McCormick, Stephen J. Memory, B. Estalotte, Thos. Casserly, Paul Ryder. Art. 1627. That the plan of the enlargement and Plans a p- improvement of Tulane Park, submitted by the City ord. No. 10,201, Engineer, extending the limits of the park from John- Keb. s, 1895. son street to a point where Banks street and Tulane avenue intersect, be and the same is hereby approved and the same be made a part of the said Tulane Park. SQUARES. Art. 1628. (1) That there be and is hereby created J^°^j^ »' ^ "^ _ _ *' Commissioners a Board of Commissioners, respectively, for each of the o^^. No. 7012, following-named squares or parks, to be entrusted with lanagement of said parks, for the purposes and with \he powers hereinafter defined, to- wit: COLISEUM SQUARE, (a) W. B. Schmidt, Esq., who shall be chairman lereof, and Messrs. John T. Moore, Jr., Edward Toby, \. W. Taylor, Hon. P. Mealey, Richard Charles and [enry Renshaw. WASHINGTON SQUARE. (6) Peter M. Peterson, Esq., who shall be chairman iereof, and Messrs. G. A. Lanaux, John Paisley, Hon. 1. Bermudez, J. A. Hincks, David Hughes, Charles iacoume, Ernest C. Villere, W. C. C. Claiborne, Jr., B. japlace, P. McPride, Charles L. Frantz, A. Schulerand J. A. Chalaron. 624 LAFAYETTE SQUARE. (c) That Frank T. Howard, Esq., is hereby appoint- ed and constituted sole commissioner for Lafayette Square. Frankii,, Art. 1629. (1) That the proposal of C. A. Weed, Esq., to present to the city the statue of Benjamin Franklin by Hiram Powers, be accepted, and that a suitable pedestal, according to the plan and estimate presented, be erected in the centre of Lafayette Square under the direction of the City Surveyor. Protection of Art. 1630. (1) That the marble monument (Franklin TodcUcWf^c'k' s^^t^^) ^1^^ granite block in Lafayette square, lately erected by the United States Coast and Geodetic Survey, be and is hereby recognized as being under the special care and protection of this city, and all persons are for- bidden to deface or injure the same in any manner, under the penalty of the law protecting buildings, and the Chief of Police is charged with the protection o said monument and stone block, and that they shall not, under any circumstances, be used for other than scien- tific purposes. ST. BERNARD SQUARE. Commissioners Art. 1631. (1) A. Sambola, Fred. Nay, E. Pujol, P. '"• Clapp and N. Burg. Decisions. Right to use of whole width of the avenue. 15 An. 9. Property dedicated to public use is hors de commerce, and donors can no longer claim ownership. 21 An. 244. A municipal corporation may alienate or change the use and destination of public places, when authorized to do so by the Legislature, in view of the public interest. 34 An. 1090. PASSAGE WAYS— See Buildings. PAUPERS— See Vagrants. Each parish must support its own infirm, sick and disabled paupers. Act 42 of 1880, p. 42. New Orleans must provide for the removal and burial of its dead paupers. Act 157 of 1874, p. 17 . I PILOTS. 625 PAVEMENTS— See Streets. PEDDLERS. Peddling at RAiLROADS-See Eailroacls and Offences. At Mar- kets — See Markets. From Vehicles — See Offences. En- tering PREMiSES--See Offences. Ord. >^o. 4933, C. S.. repealed by Ord. Xo. 5181, C. S. PERMITS — See Buildings, Forges, Lands and Levees, Privileges, Streets and Wharves. PETROLEUM.— See Combustibles. PICKERIES AND COTTON PRESSES. Art. 1632. (1) It shall not be lawful for any person ^^Not uwfui to or persons, without the permission of the Common o. s. 3150. Council, to erect within the limits of the city any build- ing 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. PIGEONS. — See Animals and Birds. PILOTS. See Act Xo. 56 of 1864, p. 162. See Act No. 113 of 1857, p. 88. See Act No. 99 of 1858, p. 69. See Act No. — of 1859, pp. 3, 56. See Act No. 19 of 1864, p. 32. See Act No. 63 of 1877, E. S., p. 103. See Act No. 99 of 1880, p. 126. See Act No. 11 of 1890, p. 9. See Harbor Masters. See Master and Wardens. Decisions. Williams vs. Payson, 14 An., p. 7. State ex rel. Williamson vs. Judge, 36 An., p. 24. 626 PIPES AND CONNECTIONS. PIPES AND CONNECTIONS. PRIVILEGES. Ord, 3078. American Cotton Oil Company, pipe across street Enghien and Decatur streets, Febniarv 19, 1888. Ord. 347(i. American Wtiite Lead and Color Works Company, supply pipe from worlis on Tchoupitoulas between Jackson and Philip streets, January 15, 1889. Ord. 4132. American Fatty Product Manufacturing Company, pipe across North Peters street, from its fac- tory, corner Peters and Port streets, to a point alongside railroad tracks, to draw oil from tank car on said tracks, November 30. 1889. Ord. 6052. American Brewing Association, 8-inch pipe from brewery, Conti, between Royal and Bourbon streets, to Conti, to river, February 12, 1892. Ord. 7229. American Brewing Company, 3-inch pipe across Bi- enville street, from tank in property of the company on Conti street to the bottling works located on Bienville street, March 23, 1893. Ord. 9652. Algiers Iron Works, to run 2-i^ inch pipe from their works from the head of Levergne sti-eet. Fifth District, to the Mississippi river, September 7, 1894. Ord. 9837. Anheuser-Busch Brewing Company, to run two 6-inch pipes from their property on Gravier and Delta streets to the river for the purpose of suction and discharge, October 18, 1894. Ord. 10,831. Alden Knitting Mills of New Orleans, to lay pipes from its property on Decatur to Mandeville street, to the Mississippi river, for the pur- pose of water supply and discharge of sewer- age, June 7, 1895. Ord. 3832. Brooks, Samuel, six-inch pipe from premises, cor- ner S. Peters and Celeste to Mississippi river for supply, July 1, 1889. Ord. 4980. Boston Club, sewer pipe from club house on Canal street to connect with sewer pipe of the St. Charles Hotel ; repealing Ord. 4612, C. S., De- cember 27, 1890. Ord. 5548. Blake, William, and associates, 12-inch sewer pipe from square bounded by Lee Circle. St. Charles avenue, Calliope, Carondelet and Howard avenue, through Calliope andDelord streets, to the river, August 29. 1891. Ord, 5922. Brooklyn Cooperage Company, pipes from factory in square bounded by Erato, Thalia, Front and Peters streets, to the Mississippi river, January 9, 1892. Ord. 7305. Berwick Lumber Company, supply pipe from their factory on Clio street, lower side, corner Freret street, to Basin, March 16, 1893. PIPES AND CONNECTIONS. 627 Ord. 10,121. Brooks, VV. H. D.. an overhead two (2) inch pipe from his building, corner Celeste and St. Peters streets, to connect with cars on the Belt Railroad for the purpose of drawing oil from cars. December 24, 1894. Ord. 3437. Commercial Soap. Candle and Starch Manufacturing Company. Limited, supply and discharge pipes to river, December 26, 1888. Ord. 5536. Cogswell, T. R., pipes to the river, August 22, 1891. Ord. 5921. Crescent City Ice Company, pipes from factory on Front street, through Lafayette street, and on Decatur street, through Marigny street to the Mississippi river, January 9. 1892. Ord. 6174. Central Lumber Manufacturing Company, 2-inch (2) pipe from factory on Delord street, corner Dryades street, to head of New Basin, across Rampart street. March 24, 1892. Ord. 6919. Crescent City Yarn and Knitting Mills, six (6) inch pipe from factory, corner St. Ferdinand and Decatur streets to the Mississippi river, Novem- ber 11. 1892. Ord. 7112. Chalmette Steam Laundry Company, six (6) inch pipe from their works, corner Lafayette and Fourcher streets, to the river, January 19, 1893. Ord. 7625. Crescent City Rice Milling Company, from their premises to river. May 25, 1893. Ord. 7139. Desina, Mrs. C seven (7) inch pipe on Bourbon from intersection of Customhouse street, to rear of her property, to connect with ?even- inch pipe of D. H. Holmes, January 26, 1893. Ord. 9532. Dunbar & Bros., to lay pipe across Peters street and over the Levee, connecting their factory with the Mississippi river, August 9, 1894. Ord. 10,024. Fabacher. P., three Qi) inch pipe on Eighth street from Tchoupitoulas to the Mississippi river, December 3. 1894. Ord. 7328. Godchaux. Leon, four (4) inch pipe on Chartres from the intersection of Customhouse street to rear of his property, connecting with seven- inch pipe of D. H. Holmes, March 20, 1893. Ord. 3939. Haspel & Davis, from their premises 47 and 48 N. Peters street to the river, August 30, 1889. Ord. 5013. Holmes, D. H., sewer pipe from store on Custom- house street, down Customhouse street to the . river, January 9, 1891. Ord. 6302. Home Brewing Company, from premises in square bounded by N. Peters, Jeanna, Chartres and Pauline streets to the river, April 23, 1892. Ord. 6899. Henderson. Wm.. six (6) inch pipe from his refinery, Girod and Peters streets, to the river, Novem- ber 3, 1892. Ord. 7398. Henderson, Wm.. two sixteen inch pipes, suction and discharge on Notre Dame street, from his property in square bounded by Julia, Notre Dame and Commerce streets to the river, April 5, 1893. Amended bv Ord. 7589. C. S. 628 PIPES AND CONNECTIONS. Ord. 7426. Hotel Dieu, to lay pipe across Johnson street to cesspool on their property, corner Johnson and Tulane avenue, April 24, 1893. Ord. 7116. Illinois Central Railroad, sewerage pipe from square bounded by Front, Pilie, Erato and Gaiennie streets to river. January 19, 1893. Ord. 4838. Jackson Brewing Company, suction pipes from brewery in square bounded by Clay, Jackson, Old iievee and Peters streets to the river, ]S"o- vember 10. 1890. Ord. 6402. Jackson Brewing Company, from brewery to the river, July 4, 1892. Ord. 7800. Jahnke, Fritz, two inch pipe from his yard, front ing on South Peters street, between Washing- ton and Sixth street, to the river, July 7. 1893. Ord. 8533. Jones, M. N.. one and a quarter inch pipe from corner Peters and Emma streets to the river, January 6, 1894. Ord. 11,714. Jackson Steam Laundry, the privilege granted to Xew Orleans Vinegar Company, Limited, to lay a pipe to the river, is granted under the same terms and conditions to the Jackson Steam Laundry, Limited, December 24, 1895. Ord. 6197. Keller, J. H., soap works, six (6) inch water and supply pipe on Josephine, from Howard to Claiborne street, to his works, March 31, 1892. Ord. 6357. Keith, Peter, two pipes from factory, corner Fourth and Water streets, to the river. May 26, 1892. Ord. 3090. Louisiana Retreat, four-inch pipe to the river for water supply. July 27, 1888. Ord. 3868. Louisiana Sugar Refinery Company, pipe under sidewalks, between their works and the Plant- ers" Sugar Refinery on Clay street, July 6, 1889. Ord. 4495. Lyons, I. L., to connect sewer pipe of Board of Trade. Ltd., as per Ordinance 4317, C. S., May 10, 1890. Ord. 4557. Louisiana Furniture Company, four-inch supply pice througti levee for their factory on river front, June 7, 1890 Ord. 8185. Louisiana Alcohol Company, two (2) eight (8) inch pipes from their works located corner St. Joseph and St. Peter streets, along St. Joseph street to the river or to Water street, thence through Water to Calliope street, thence through Water street to the Mississippi river, October 19, 1893 Ord. 2900. Lafayette Brewing Company, from brewery to the river, April 2, 1889. Ord. 3203. Maginnis Oil and Soap Works, pipe on Commerce street from their mills to and across St. Joseph street, to connect with Belt Railroad, Septem- ber 25, 1888. Ord. 5388. Munnoh, T. J., water pipe across Joseph street square bounded by Water, Joseph, Tchoupi- toulas and Octavia streets, July 3, 1891. PIPES AND CONNECTIONS. Ord. 6048. Manion & Co., from property of Geo, Sick, in square bounded by Decatur, Gallatin, Hospital and Barracks streets, across Gallatin street, through Mr. Sick's property to Xorth Peters street, across North Peters street and batture to the river. February 12, 1892. Ord. 6859. Moll, Jno. G.. Jr., to lay pipe from premises, in square bounded by Xew Levee, Water. Sixth and Seventh streets to river, October 29, 1892. Ord. 10,876. Maille. Joseph, to lay pipe lines along and under all streets, avenues, alleys and public places in the city for refrigeration, preservation, fire protection, and for such other purposes as may be desired, June 18. 1895. Ord. 4347. X. O. Board of Trade. Limited, sewer pipes from their property known as Vonderbank Hotel and their Exchange building, to certain streets to the river, March 7, 1890. Ord. 4774. N. O. Brewing Association, from Pelican Brewery, corner N. Peters street, August 10, 1890. Ord. 6692. N. O. & Carrollton R. R. Co., six (6) inch pipe from their power-house to the river, September 9. 1892. Ord. 6758. National Rice Milling Co.. six (6) inch pipe from their warehouse corner Montegut and Levee streets, across Levee street to the river, Sep- tember 30, 1892. Ord. 6854. New York Steam Dye Works, from the river to their Works, corner Patterson and Olivia streets, adjoining McLellan Drj' Dock, October 29, 1892. Ord. 9966. N. O. Brewing Association, a six (6) inch drain pipe across Jackson avenue from the Louisiana Brewery, from the gutter on south side of Jackson street to gutter on north side through which to drain the water of brewery. Novem- ber 17. 1894. Ord. 1,1196. National Rice Mill Co.. 18-inch pipe from their works, Elysian Fields and Peters streets, along and across Elysian Fields to Peters street, down Peters street to Magazine to the Mississippi river. Also all pavements torn up or dis- turbed to be repaired at their expense to the satisfaction of the Commissioner of Public Works. Permission from the N. O. Levee Board to be obtained, August 27. 1895. Ord. 6252. Old Basin Sash, Door and Blind Factory, to connect boilers in square bounded by St. Louis, Treme, Toulouse and Marais streets with engines in square bounded by Treme, Marais. Toulouse and Carondelet Walk, April 1. 1892. Ord. 7242. Orleans Manufactuiing Lumber Co., water main on Clara and Willow streets, between Julia and Cypress, adjoining on Julia from Clara to Willow, and to connect pumping station with Basin, March 11, 1893. Ord. 2859. Pelican Brewing Company, from brewery to the river, March 18, 1888. 630 PIPES AND CONNECTIONS. Ord. 4120. Planters' Sugar Refining Company, water and waste pipes to river from reflnerj' in square bounded by Clay, St. Louis. Decatur and Toulouse streets, November 20, 1889. Ord. 6112. People's Slaughterhouse and Refrigerating Com- pany, from their premises across Xorth Peters street to the river. March 19, 1892. Ord. 3962. Rotge Jean, iron pipe from premises on Alexander, .between Conti and St. Louis streets, to Carroll- ton Avenue Canal, September 6, 1889. Ord. 6893. Rosetta Gravel, Paving and Improvement Company, to lay pipes from artesian wells through streets and public places of the city for sprin- kling purposes. November 3. 1892. Ord. 8346. Ruger Vinegar Works, from their works corner Magazine and Xorth Peters street to the river, November 24, 1893. Ord 2926. Schroeder. Wm., from his property on Holly Grove street, on Upperline of Carrollton to the Tenth Street Canal, for drainage. May 7, 1888. Ord. 3038. Schwartz, Louis, pipe frotn Tchoupitoulas to river, July 7, 1888. Ord. 4311. Sorolo, A., two water pipes from his rice mill. Old Levee, Clay, Toulouse and Jefferson streets, to the river, February 24, 1890. Ord. 5366. Solari, J. B., sewer pipes to existing sewer pipes to Customhouse street, June 11, 1891. Ord. 6048. Sieks, Geo., from his property in -quare bounded by Decatur, Gallatin, Hospital and Barracks streets, across Gallatin, through his property to North Peters street, across North Peters batture to river, February 12. 1882. Ord. 8125. Sauer, Fred., Jr., two-inch pipe across Levee street, at Ninth street, to the river, October 5, 1893. Ord. 9155. Schroeder, J. B., to lay four-inch pipes from his property in square bounded by Independence, Royal, Dauphine and Pauline streets, to the river, for supplying water. May 15, 1894. Ord. 10,597. Sieward, A. H., sewer pipe from Hotel Denechaud to connect vvith sewer pipe of Board of Trade in front of Masonic Building, April 18, 1895. Ord. 6840. Ursuline Nuns, to extend sewer pipe from Ursu- line Convent to the river, October 20, 1892. Ord. 10,506. "Weis. Julius, a sewer pipe from his property in square bounded by Baronne, Carondelet, Va- rieties alley and Gravier streets ; down Varie- ' ties alley, from a point in the rear of the Denegre Building, to Gravier street; down Gravier to a point at or about the intersection of Gravier and St. Charles streets, and then to connect with existing sewer pipe of the Board of Trade, or its connecting pipes; said pipes to be furnished with Y branches at its ends on Varieties allev. POISONS. 631 POISONS. Art. 1633. No person shall sell or offer for sale anv ^ Poisonous ■^ '' drugs, etc. poisonous drugs, medicines or chemicals used for medi- 0|d. N0.7516, cal purposes, except on the prescription of a physician, Dec. 1881. nor unless the receptacle or package containing such poisonous drugs, medicines or chemicals be marked ** Poison " in plain and conspicuous characters. Art. 1634. (2) Patent medicines, household reme- Patent medi- . . cine, rat and dies, etc., compounds for the destruction of rats, insects, bug medicine, bugs, of a poisonous nature; chemicals used in com- merce and industry, and presenting the same dangerous character, may be sold without a physician's prescrip- tion to persons of full age and sound mind and person- ally known to the vendor. These articles shall always be labeled ' ' poison. ' ' Art. 1635. (3) All druggists, peddlers, hawkers and j^^oru^g gists, all other persons dealing in or selling poisonous sub- to keep record stances, shall keep a special book, open at all times to the proper authorities, in which they shall register the name, age, residence and profession of the person to whom any poisonous substance is sold ; also the date of sale, the quantity sold, the use it is intended for, whether sold upon a personal acquaintance with the • buyer or upon a physician's prescription. The latter shall always be carefully preserved. Art. 1636. That whoever shall violate the provisions Q^d" No' gci of this ordiuaace shall be subject to a fine not to exceed c.^^^ ^^ ^ twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence nor the im- prisonment more than thirty days. 632 POLES. POLES. ELECTRIC LIGHT POLES. Foot cleats. Art. 1637. That the Commissioner of Police and c. s.' * 'Public Buildings be and he is hereby directed to im- '' mediately notify and require the owners of all electric light, telephone and telegraph poles throughout the city, having poles with foot- holds or cleats thereon, within ten (10) feet of any building, to remove said foot-holds or cleats within ten (10) days from the date of notice. A failure to comply will subject offender or offenders to the penalties prescribed in section 3 of this resolution. Unlawful Art. 1638. (2) That it shall hereafter be unlawful and ^^' all persons are forbidden to erect poles throughout the city, with foot-holds or cleats thereon, within ten (10) feet of any building. Penalty. Art. 1639. That whocvcr shall violate the provisions 'of this resolution shall be subject to a fine not to ex- ceed twenty-five dollars, or imprisonment m the parish prison for a term not to exceed thirty days, or both, or imprisonment in the parish prison for a term not to exceed thirtv days, in default of payment of the fine to be imposed by the Recorder of the district wherein the offence is committed*; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days. Permission. j^^rj, iQ^Q ^j^^^ |^ gj^^jj y^^ hereafter unlawful for Ord. No. SS79, c-gS. ^ ^ any person or corporation to put up any post within the limits of the city proper for telegraph, telephone or electric light, or any other purpose, without permission from the Council ; provided, this shall not apply to per- sons or corporations having such rights under previous ordinances. Penalty. ^^ ^rt 1641. Any person violating the provisions of this ordinance shall be punished by a fine not exceeding twentw-five dollars, and in default of the payment of said fine by imprisonment not exceeding thirty days. Art. 1642. (]) That from and after the passage of POLES. • 633 this ordinance it shall not be lawful to maintain or erect pof/s^^w h en any poles in the streets, ways, squares, parks, or other ""^^^^^^l^^ ^^ public places of the city, for the purpose and use of sup-<^-^ .jg ^^^ porting wires for electric light purposes, except upon the condition hereafter provided in this ordinance. Art. 1643. (2) That said poles shall not be of eleva- Regulations. tion at the lowest wire less than thirty feet from the curbstone, that their depth of insertion in the earth shall not be less than four feet from top of curbstone, and their dimensions at a point of five feet above the surface from top of curbstone shall not be loss than thirty inches in circumference or ten inches in diameter. They shall be straight and have a smooth, plain surface, which shall be painted brown, blue, green, or some other color, to distinguish the company owning them, from the ground fifteen feet upward, and thence white to top extremity, and in black letters have branded upon Taking down •^ and reolacing. them, six feet above the curbstone, the name of the company owning them, and shall be placed upon side- walks close to and on the inner face of the curbstone, and shall be taken down and replaced whenever found to be dangerous from decay, splits, breaks or spoils. Art. 1644. (3) That no fresh or new lines of poles New lines, for purposes described shall be erected within the city limits without having previously obtained the consent by ordinance or resolution of the Council ; and further, no such poles shall be allowed to remain in that portion of the city embraced by Jackson street, Elysian Fields, Roman street and the Mississippi river, except upon the ■'J^^'Ji' •<>"»' immediate erection and maintenance during the year 1884, free of any expense to the city, of five additional electric lights on Canal street beyond Broad street, exact location to be designated by the Committee on Lighting; these lights to be in consideration of the privileges and advantages of entering upon, using and occupying the streets, ways and public places for pur- poses above described during the year 1884. Art. 1645. (4) That the city shall have the right, city's rights. under such regulations as may be established by the Council, to use said poles gratuitously for the support lb. 634 • POLES. of such wires as may be found necessary for the service of the fire alarm or police departments. Placing and Art. 1646. (5) That the location, condition, inspec- poies. tion and placing of said poles shall hereafter be put * under the control of the Commissioner of Public Works and City Surveyor, and that the acts and doings under this ordinance shall be subject to any ordinance or ordi- nances that may hereafter be passed by the City Council concerning the same. Notarial act. Art. 1647. (6) That the Mayor be and is hereby ' authorized to enter into contract with such electric light companies as require the use of poles for the purpose and object of carrying into effect the provisions of this ordinance. Repealing Art. 1648. (7) That all Ordinances or parts of ordi- ciause, ^^ nances in conflict with the provisions of this ordinance be and the same are hereby repealed. TELEPHONE POLES. Erection of Art. 1649. (1) That from and after the passage of ord. No. 519, this ordinance it shall not be lawful to maintain or erect Dec. 18,1883. any poles in the streets, ways and public places of the city for the purpose and use of supporting wires for tele- phone purposes, except on the conditions hereafter pro- vided in this ordinance. Elevation, etc. ^RT. 1650. (2) That Said poles shall not be of an ele- vation, at the lowest wire, less than forty (40) feet from top of curbstone, that their depth of insertion in the earth shall not be less than (5) feet from top of curb- stone, and their dimensions at a point of six (6) feet above the surface on top of curbstone shall not be less than forty (40) inches in circumference or thirteen (13) inches in diameter; they shall be straight and have a smooth, plane surface, which shall be painted brown, blue, green or some other color to distinguish the com- pany owning them, from the ground fifteen (15) feet upward, and thence white to top extremity; in black letters have branded upon them six (6) feet above the curbstone the name of the company owning them, and shall be placed upon sidewalks close to and on the inner POLES. 635 face of the curbstone, and shall be taken down and re- placed whenever found to be dangerous from decay, splits, breaks or spoils. Art. 1651. (3) That no fresh or new lines of poles Ne^viines.^^ for purposes described shall be erected within the city limits without having previously obtained the consent by ordinance or resolution of the Council ; and further, no such poles shall be allowed to be erected or any ex- isting poles be allowed to remain in that portion of the city embraced by Jackson street, Elysian Fields, Roman street and the Mississippi river, except upon the pay- Annual pay- ment of five $5 dollars per annum per pole for every ™^"'" such pole erected or at present in use within that sec- tion of the city above designated, and all poles outside of said section to be exempt from said payments ; said payments to be in consideration of the privilege and ad- vantage of entering upon, using arid permanently occu- pying the streets, ways and places of the city for private property, and to be paid annually in advance, com- mencing January 1, 1884. Art. 1652. (4) That in addition to the price paid per Right of pole per annum, as herein set forth, the city shall have*^'*^' ib. the right, under such regulations as may be established by the Council, to use said poles gratuitously for the sup- port of such wires as may be found necessary for the service of the fire alarm or police departments. Art. 1653. (5) That such telephone company or com- Free teie- panies as have erected, or shall hereafter erect, poles as p^°"^^' ^^ before described, shall, in addition to the price paid per pole per annum, as herein set forth, gratuitously furnish 'and maintain telephone apparatus and connection with such public oflices, institutions or buildings as the ^'""^^'^• Council may direct, to a total number of not exceeding ten (10), and any over that number, if ordered by the Council, shall be paid for at customary rates, and shall balance by appropriate credits all existing charges against the city government in any of its branches for use of any telephones now or hereafter operated. Art. 1654. (6) That the location, condition, inspec- Location and tion and placing of said poles shall hereafter be put '"^p^'^"""- j^^^ tract. 636 POLES. under the control of the Commissioner of Public Works and City Surveyor. ordinaVces"''" ^^T. 1655. (7) That the acts and doings under this ^^- ordinance shall be subject to any ordinance or ordinances that may hereafter be passed by the City Council con- cerning the same. Mayor to con- ^^^^- l^^^. (8) That the Mayor be requested and jjj authorized to enter into contract for one year with the said telephone company or companies, to carry out the objects of this ordinance. Repeaiinc Art. 1657. (9) That all ordinances or parts of or- clause. . ^ ^ lb. dinances m conflict with the provisions of this ordinance be and the same are hereby repealed. Adopted December 18, 1883. TELEGRAPH POLES. Erection of Art. 1658. (1) That from and after the passage Sniawtiir*^ *"" of this ordinance it shall not be lawful to maintain or ^ord. No. 547, qj.qq^ ^uy polcs in the streets, ways and public places of Jan. 11, 1884. |.j^g ^j^y^ £qj. ^jjg purpose and use of supporting wires for telegraph purposes, except on the conditions hereafter provided in this ordinance, Elevation, etc. Art. 1659. (2) That Said poles shall not be of an ^*'' elevation, at the lowest wire, less than forty (40) feet from top of curbstone ; that their depth of insertion in the earth shall not be less than five (5) feet from top of curbstone, and their dimension at a point of six (6) feet above the surface or top of curbstone shall not be less than forty (40) inches in circumference, orthirteen (13) inches diameter. They shall be straight and have a smooth plain surface, which shall be painted brown, blue, green or some other color, to distinguish the com- pany owning them, from the ground fifteen (15) feetup- ward, and thence white to top extremity; in black letters have branded upon them six (6) feet above the curbstone the name of the company owning them, and shall be placed upon sidewalks close to and on the inner face of the curbstone, and shall be taken down and replaced whenever found to be dangerous from decay, splits, breaks or spoils. POLES. 637 Art. 1660. (3) That no fresh or new lines of poles Boundaries. for purposes above described shall be erected within the city limits without having previously obtained the con- sent, by ordinance or resolution, of the Council; and further, no such poles shall be allowed to be erected, nor any existing pole allowed to remain in that portion of the city bounded by Jackson street, Elysiau Fields, Ro- man street aud the Mississippi river, except upon the m^rt.""^' ^^^~ payment of five ($5) dollars per annum per pole for every such pole erected or at present in use within the limits above described ; said payments to be in consid- eration of the privilege and advantage of entering upon, using and permanently occupying the streets, ways and places of the city for private profit, and to be paid an- nually in advance, commencing January 1, 1884, and all poles outside of said limits to be exempted from said payment. Art. 1661. (4) That in addition to the price paid per ^^^y^ eights. annum, as herein set forth, the city shall have the right, '*'• under such regulations as may be established by the Council, to use such poles gratuitously for the support of such wires as may be found necessary tor the service of the fire, fire alarm or police departments.' Art. 1662. (5) That the location, condition, inspec- Location and tion^and placing of said poles shall hereafter be put un-S"P«''^''''«"jj^ der the control of the Commissioner of Public Works and City Surveyor. • Art. 1663. (6) That such sums of money as may be Bienviiie drain- paid during the year 1884 into the City Treasury, un- '"^ machine. der this ordinance, shall be exclusively devoted to the renovation or repair of the Bienville street draining ma- chine and the canals leading thereto or therefrom, as may be hereafter ordered by the Council. Art. 1664. That his Honor, the Mayor, be requested Notarial act' aud authorized to enter into contract for one year with ^^ the Western Union Telegraph Company to carry out the objects of this ordinance. Art. 1665. That all ordinances or parts of ordinances Repealing in conflict with the pi-ovisions of this ordinance be and ^^^'^^^- ^^ the same are hereby repealed. 638 POLICE. POLICE. See Offences — Recorders — Streets — Wharves. Act No. 63 of 1888. Creating a Police Board for the city of New Orleans, and defining its powers. Police Board SECTION 1 . Be it enacted by the General Assembly of the State of nVw^ oilcans -^<*'^***«"<^» That the powers and duties connected with and inci- created. dent to the police department and police discipline of the city of New Orleans and the parish of Orleans shall be, as hereinafter more especially provided for, vested in and exercised by a board How to be consisting of six commissio"hers and of the Mavor of the city, to composed. ° . . t be styled the '• Police Board of the city of New Orleans." and by ^uch otMcers, patrolmen, employees and clerks as may be ap- ^, . , pointed by said board ; provided, that the said commissioners Number and ^ '' ^ t- ■> qualifications shall be residents of the several districts of the city of New Or- s/onl^rs'"™ sai^d leans, excepting in the case of the Sixth and Seventh Districts, board. which shall be consolidated for the purposes of this act and be allowed one commissioner. Commission- Sec. 2. That Said commissioners shall be elected by the Com- edV t^e T^m '^o f nion Council of New Orleans, two for the term of four years, two ".* V'Jfin^d ^^^ ^^^ term of eight vears and two for the term of twelve years. In case of death, resignation or removal from ofiice of any of said Qualifications commissioners, the vacancy shall be filled by said board for the of commission- mjg3jpij.g(j ^gj.,^ Qf ga^j(j commissioner; and upon the expiration of the terms of any such commissioners the office shall be filled Meetings of ]yy election by said Common Council for a term of twelve vears, said board ; •' •? - , when and bv as above Stated. Said commissioners shall be citizens of the tob°e"hei*d.'''''^'* United States and of this State. Said board shall meet at least twice a month, and as often as necessary, subject to the call of the Mayor. Mayor to be presiding offi- Sec. 3. The Mayor of the city of New Orleans shall be the pre- a'^castTng^ vot'e^ siding officer of said board, but shall have only a casting vote Board to therein. The board shall elect one of its members as president elect a presi- dent pro tem. pro tempore of the board. Not less than four of said conimis- mi^sTon ers'to^^^^^''^ shall Constitute a quorum. '^uo^um''"'^ * Sec. 4. The persons severally appointed Commissioners of the Police Board by virtue of this act shall, before exercising any of ers to"take^oat"h the dutics thereof, duly take and file in the office of the Secretary t°he°?o'^be Habie ^* ^^^^^ *^^ ^^^^ °^ *^^*^^ ^^^ aftidavit Of eligibility prescribed to removal by for State otficcrs, and may at any time be removed by the Mayor t e mayor. ^^ ^^^ ^.^^ ^^ New Orleans, for high crimes, malfeasance or mis- Proviso demeanors, for incompetency, for corruption, favoritism, extor- tion or oppression, or for gross misconduct or habitual drunken- ness; provided, that in all cases when charges are made agains POLICE. 639 a commissioner, he shall have an opportunity to present evidence in his behalf. Sec. 5. The said board shall proceed to an organization at its t i m e an d first meeting; in the month of Julv of every fourth year by elect- manner of the ° '. , 1 . , , organization of ing one of its members'to be president pro tempore^ and a suitable saidboard; person to be secretary and treasurer, whose powers, duties, salary p^^^^s 'a°nd Ifx and term shall be regulated and fixed by said board; provided, their salaries. that the salary of said treasurer and secretary shall not exceed ^ j^*^ e°r't™re- $1500 per annum. No member of said board shall receive anycei^e any sal- ary whatever. salary whatever. Sec. 6. The said board shall appoint a superintendent, a powers and police surgeon, and as many captains, sergeants, corporals, ^^^l °^ ^^^-^ clerks, operators, patrolmen and doormen that may be requisite, and the said board shall, with the sanction of the Mayor, pro- mulgate all rules, regulations and orders to the police force, through the Superintendent of the Police Force, who shall be the executive head of the whole force, and shall have the direction of said police force subject to rules, regulations and orders of saidboard; provided, however, that nothing herein shall be so construed as to impair, diminish or reduce the power of the Proviso. Mayor as commander in chief of said police force to issue such orders as might be necessary and proper for the preservation of the peace in the city of New Orleans and promote the efficiency of said force. Sec. 7. Each officer and member of said police force shall officers and hold office respectively during good behavior, and shall be liable i7ce'"''force ^to to removal from office after written charges shall have been pre- hold office dur- ferred against him and due trial had according to the rules andh"a vf or; the regulations of said board, and when such officer or members of ^° g^g ^^^ t^eir said police force shall be laboring under any disability through removal, sickness or accident ; provided, no removal shall be made for any such disability unless the same shall have existed for more than three months and shall be of a permanent or incurable nature. But no person shall be appointed to membership of said police force unless : 1. He is able to read and write the English language under- Qua ifications standingly. * " <^ require- o •' ments of mem- 2. He is a citizen of the United States and has been so for a bers of said po lice force. year. 3. He has been a resident of this State during a term of five years, two years of which in the city of New Orleans next prior to his application for appointment. 4. He has never been convicted of crime. 5. He is at least five feet six inches in height. 6. He is above the age of twenty-one years. 7. He is of good health and sound in body and mind. 8. He is of good moral character and habit. 9. Nor unless he has been examined by the Civil Service Board 640 POLICE. of Examiners to be appointed by said police board and his name appears on the eligible list. Commission- Sec. 8. None of the commissioners of said police board nor officers or°em* any of the officers or employees of the police force shall accept Kibited ^f r o'^ni ^^ ^^^^ ^"^ Other place or office of public trust during his or their holding any term of officc ; and if he or they shall fail within ten days follow- ing his or their appointment or election to such place or office of Penalty for public trust to resign as commissioner or officer or employee of the police force, he or they shall be ipso facto suspended from the same. Vacancies, Sec. 9. Vacancies in the police force shall be filled as follows: °^ e e . Qa^p^a^jjjg must i^g appointed from amongst sergeants, sergeants from amongst corporals, and corporals from among patrolmen, and patrolmen from among supernumeraries; provided, that roviso. g^^j^ promotion be made after due examination of the applicant by a board of examiners appointed by the superintendent of police. Mayor to be Sec. 10. The Mayor of the city of New Orleans, as ex-offlcio chieff *"^'^' '° justice and conservator of the peace, shall be the commander in chief of the police force. Each mem- Sec. 11. Evcry member of the police force shall have issued have a"certiii° ^ ^^™ * Certificate of his appointment signed by the president cate of his ap- qj. president pro tern, and by the secretary and treasurer of the board. Police board ^^c. 12. The Police Board shall make suitable provisions re- to r e q u i r e gpecting the security to be given by the officers and employees bonds previous ^ ?> ^ a .' t- j to issuance of Under their control, and shall require them to file their bond appo^ntoen^t.^^^^d ^^th of office previous to the issuance of the certificate mentioned in the previous section. Power of Sec. 13. The said Police Board shall have power in their board to try, ^ condemn and punish any offi- force for any legal offence or neglect of duty, or violation of of police force, rules. Or disobedience of orders, or incapacity, or absence with- out leave, or any conduct injurious to the public welfare, or im- moral conduct or conduct unbecoming an officer, or other All lines to breach of discipline, to punish the offending party by repri- sion^fund ^^"~ mand, forfeiture or suspension of pay for a specified time, or by dismissal from the force. All fines shall go to the pension fund for disabled and retired members of the force, to be created by said board, and as hereinbelow provided for. Penalty for Sec. 14. No officer Or member of the police force, under withdrawal or penalty of forfeiting the salary that may be due him, shall with- resjgnation^ j » j j wi th out per- draw or resign except by permission of the force. Unexplained senceT^vv^thout ^^^^'^^^ ^^*^^*^*' ^®^^^ *°^ three days shall be deemed and held leave. to be a resignation by such officer or member, and accepted as such. POLICE. 641 Sec. 15. The said Board of Commissioners shall have power Board of to issue subpamas attested in the name of its president to com- ,'^o'hl^f ^powJr pel the attendance of witnesses in anv proceeding authorized by to issue sub- ,. ,. ■ , ,,,. poenasand its rules and regulations touching the members of the force. compel attend- Each commissioner of the board, the Superintendent ()^aesses.°^ '"^^~ Police and the Secretary and Treasurer are hereby authorized . . and empowered to administer oaths and affirmations to any per- ers oi Police sons summoned and appearing in any matter or proceeding ^J^^""^^ ^^'^^ ^^' authorized as aforesaid, or to take any deposition necessary to be Superintendent made under the orders, rules and regulations of the board, or for thorized to ad- the purpose of this act. Any wilful and corrupt false swearing •"•"'»*«'■ oath's, by any witness or person to any fact in the proceedings above wiifuTan^d cor- mentioned shall be deemed perjury, and punished in the '"anner ^^P^^[^^*^^ now prescribed by law for such offences. witnesses. Sec. 16. The said Police Board, in furtherance of the police poiice Board, government and for promoting and perfecting the police disci- pline of officers and subordinates of the police force, are empow- ered, in their discretion, to enact, modify and repeal from time to time orders, rules and regulations of general discipline, j^^ ^^^^^.^ ^^^^ wherein, in addition to such general provisions as may be deemed duties, expedient by said board, tliere may be particularly defined, enumerated and distributed, the powers and duties and liabili- ties of the officers, clerks and members of the police force, and wherein shall be declared the mode of appointment to office, the manner of discipline and procedure of trial and removal from office of the said officers, clerks and members of said force; pro- vided, that such laws, ordinances, orders, rules and regulations, forms and modes of procedure shall not conflict with any of tlie provisions of this act. Sec. 17. It is hereby made the duty of the police force at all Dutiesof Police times of day and night, and the members of such force are hereby °^'^^' thereunto empowered, to especially preserve the public peace, to prevent crimes, detect and arrest offenders, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages which obstruct the free passage of public streets, sidewalks, parks, squares and places; protect the rights of persons and property, guard the public health, preserve order at elections and all public meetings and assemblages, prevent and regulate the movement of teams and vehicles in streets, and remove all nuisances in public streets, parks and highways; arrest all street mendicants, beggars and vagrants, provide proper attention at fires, advise and protect immigrants, strangers and travelers in public streets, at steamboat and ship landings and at railroad stations; carefully observe and inspect all places of public amuse- ment, all places of business having licenses to carry on any busi- ness, all houses of ill fame or prostitution, and houses where <)ommon prostitutes reside or resort; all lottery offices unauthor- ized by law, policy or bucket shops; all gambling houses or 642 POLICE. Power to ar- houses where keno. lotto or other games are played: all cock- warrant, pits, rat pits and public dance houses; and to repress and restrain all unlawful or disorderly conduct or practices therein : enforce and prevent the violation of all laws and ordinances in for-ce in Proviso. said city; and for these purposes, with or without warrant, ta arrest all persons guilty of violating any law or ordinance for the suppression or punishment of crimes or offences; provided, noth- ing herein shall be construed as permitting or authorizing policy or bucket shops, gambling houses, or houses where keno, lotto or other games are played. dent'Cf^'^Porice ^^^' ^^' ^^^ Superintendent of the police force shall make to Korce ; his du- the Police Board monthly reports in writing of the state of the de- ties defined. partment, with such statistics and suggestions as he may deem Board to make advisable to submit for the improvement of the Police Depart- report to tiie ment and discipline of said police. The board shall, on or before Common Council. the hrst Monday in January of each year, make a report in writ- ing to the Common Council of New Orleans of the condition of the police force. City Attorney Sec. 19. The City Attorney shall be the legal adviser and to be legal ad- , , .^f -, . . , -,. . , ° visor of said attorney of the said board without additional compensation. Sec. 20. The said Police Board shall, on the first Monday in req°u'^red°To the month of December of each year, proceed to make up a make annual j^jiancial estimate of the sums required for the expenses during financial esti- the cnsuing year of the police force, law expenses and disburse- penses. ° ^^ ments of the Police Board, or rendered necessary In criminal or civil actions and proceedings against the said commissioners or officers, or members of the force for acts done in the discharge of duty, or by color of office and also for the salaries and pay re- (juired by virtue of this act. The Common Council shall set Duty of Com- aside in the budget of expenses a sum equal to that required men council » f i i to make ap according to the estimate made as aforesaid by the Police Board; propriation. p^Qyjjjg^^ j^^at Said Council shall have the right to reduce said estimate to a sum not less than one hundred and fifty thousand dollars for the Police Department, including the amount to be received from the wharf lessees, whenever the revenues of the city will not justify or permit a larger appropriation. Members of Sec. 21. Xo member of the police force shall be permitted to prohibiu-d from solicit or be Obliged to make coatrlbutions in money or other- doing certain ^[ge, on any pretext, to any person, committee or association for any political purpose whatever; nor shall any member of said force be permitted to be a delegate or representative to or mem- ber of any political or partisan convention whose purpose is the nomination of a candidate or candidates to any political ofiice. He shall not take part in any convention held for the nomination of candidates for political office. Upon the day of election for public affairs held under the laws of the State, or of primaries of any political party, he shall, whether specially assigned to attend the polls or otherwise, do all in his power to preserve the peace. POLICE. 643 He is also prohibited from selling or assigning his salar}* by an- ticipation or in advance, or giving powers of attorney for the col- lection thereof. Sec. 22. The Police Board may, in their discretion, permit m e mbers of members of the force, for services rendered by them in maybe alfowed the discharge of their duties, which are both "-meritorious and to receive re- , , . , , . wards, presents extraordmary, but for such only, to receive, under the restric- or testimonials tions provided in this section, rewards, presents or testimonials a"a"Jnd'er'^cer- tendered them for such services. When any such reward, pres- tain restric - ent or testimonial is proffered, it must, money or otherwise, first be deposited with the treasurer of the board to await such final action as the board may take upon it. If the reward or present be a sum of money, the treasurer shall deduct therefrwu, unless the Police Board otherwise direct, for the benefit of the police pension fund, twenty per cent, on all sums less than one thou- sand dollars, and twenty-five per cent, on all sums above one thousand dollars — paying the balance, on proper vouchers, to whom it is intended. In each and every case application must be made to the board, in writing, for permission to receive an}- re- ward, present or testimonial, and it will be granted or not, as the board may deem advisable. The nature or the amount of the reward or present must be stated in the application. Applica- tion for permission to receive testimonials voted members of the force at fairs, receptions, balls, picnics or other i^ublic gatherings shall be denied. Sec. 23. All tines imposed by the Police Board upon members ah fines coi- of the police force, bv wav of discipline, and collectible from pav lected to be de ^ .? . I f . posited in bank or salary, and all rewards, fees, proceeds of gifts and emoluments to the credit of that may be paid and given for account of extraordinary services sion Fund.'^ " of any member of the police force, except when allowed to be re- tained by said member, and all moneys remaining for the space of one year in the hands of the property clerk, or arising from the sale of unclaimed goods, and all proceeds of suits for penal- ties, shall be deposited and paid into the bank, wherein the treasurer of the Police Board shall keep an account. The pay- ment so made shall constitute and be deposited and kept as a Tlietrea'urers fund, to be called the -'Police Pension Fund," and the persons board and of who shall, from time to time, fill the otlice of said Treasurer Srk"7s°^mad^ of the Police Board, and that of Treasurer of the city of Xew Or- trustees of said pension fund, leans, are hereby declared the trustees of the said fund, and may, with power to from time to time, invest the same, in whole or in part, as they '"^est the same, shall deem most advantageous for the objects of said fund, and are empowered to make all necessary contracts and take all necessary remedies in the premises. Sec. 24. If any member of the police force, whilst in the actual Annuities to performance of duty, shall become permanently disabled so as to ^ a ? n''me?nbers render his dismissal from membership proper, or if anj' such of police force. member shall become superannuated after twenty years of mem- 644 POLICE. bership. a sum of not exceeding one hundred and fifty dollars as an annuity to be paid such member shall become chargeable upon the police pension fund; if any member of the police force, whilst in the actual discharge of his duty, shall be killed or shall die from the immediate effect of any injury received by him whilst in such discharge of duty, or shall die after twenty years' service in the force, and shall leave a widow, and if no widow, any child or children under the age of 16 years, a like sum bj'^ way of annuity shall become chargeable upon said fund, to be paid to such widow so long only as she remains unmarried, or to such child or children so long as said child or youngest of said chil- dren continue under the age of 16 years. In every case the Police Board shall determine the circumstances thereof, and order pay- ment of the annuity to be made by draft.'signed by each trustee of the said fund; provided, that if any otlicer, whilst in the dis- charge of his duties, receives injuries which disable him for ser- vice, he shall receive full pay as long as said disability shall last, unless said injury be of a permanent nature; and provided said disability shall not exceed six months. Sec. 25. Be it further enacted^ etc.. That all laws or parts of laws inconsistent, contrary to, or in conflict with the present act, be and the same are hereby repealed. Provisions for ^RT. 1666. That tilt; commaiiders of the varions pre- police jail. ^ ord. No. 3000, cinct police stations be and they are hereby authorized juiy24, 18S8. to draw requisition on the parish prison or police jail for the supply of such provisions as may be necessary to feed prisoners confined in said stations over Sundays or legal holidays, and the Commissioner of Police and Pub- lic Buildings is hereby directed to honor said requisi- tions. Private watch- Art. 1667. That all private watchmen be and they are men. '^ '' ^ord. No. 3229, hereby authorized and requested to make daily reports of ort. 2. 18S8. all lights out on their respective beats to the Chief of Police through their respective employers or otherwise. Art. 1668. That such reports shall be treated by the Chief of Police and forwarded to its proper destination as though made by the city police. ' boylan's detective agency and protection police. Mayor tp com- Art. 1669. (1) That thc Mayor of the city of New Or- uofmTn.^ ^" leans be and he is hereby authorized at his discretion to Nov.',^8&). commission as patrolman, with police powers, each per- POLICE. 645 son employed as a member of M. J. Farrell's Harbor Protection Police. Art. 1670. (2) That the pferson commissioned by the Bond and Mayor in conformity with the provisions hereof, shall ^*'"^^' id. not be required to furnish the bond to be executed by patrolmen under Ordinance No. 3914, A. S., nor shall such persons receive or be entitled to any salary or com- pensation of any kind from the city of New Orleans. Art. 1671. That Ordinance No. 6715, A. S., be and changing is hereby amended as follows: Strike out " M. J. Far- Ord.'No.3762, rail's Harbor Protection Police," and insert ^' Boylan's May 21,1889. Detective Agency and Protection Police." Art. 1672. That permission be and the same is hereby Pe rm 1 ssion granted to Boylan's Detective Agency and Protection ord. N0.9330; Police of the city of New Orleans, their successors or June 26. 1894. assigns, to string wires from their central office to con- nect with signal boxes and other electrical appliances to be erected by the said agency for the better protec- tion of the patrons of said agency. The current from said wires to be from a battery to be very light and not liable to cause injury or damage. In stringing said wires, the said Boylan's Detective Agency and Protec- tion Police, their successors or assigns, shall have the right to attach them by suitable fastenings to the sides or roofs of buildings, taking all necessary precautions in no manner to injure the buildings to or on which said wires may be attached ; provided, however, that any damage done to said buildings shall be immedi- ately repaired by the said Boylan's Detective Agency and Protection Police, their successors or assigns. Art. 1673. That permission is hereby granted to the to use poles, said Boylan's Detective Agency and Protection Police, ^''• their successors or assigns, to use existing poles in lieu of house tops, etc., if same are found to be practicable. Art. 1674. That they shall be subject to all police subject to po- regulations now governing the matter of attaching wires [j^^g/ «g"'*- on the roof or sides of buildings ; and that the city shall ^''• have the right to connect any of her departments free of charge. Art. 1675. That this privilege be revocable at the pleasure of the Council. 646 POLICE PATROL SYSTEM. Decisions. Act 63 of 1888, which creates a Police Board for the city of Xew Orleans and defines his powers, is not unconstitutional, and its provisions must be carried out. 41 An. 156. Sec. 6 of Act 63 of 1888 authorizes the Police Board of the oity of Xew^ Orleans to appoint a Superintendent of Police and other subordinate officers of the force, and, vith the sanction of the Mayor, to promulgate all rules, regulations and orders to the police force through the Superintendent. Sec. 16 thereof provides that the Police Board, in furtherance of the police government and for promoting and perfecting the police discipline of officers and subordinates of the police force, are empowered, in their discretion, to enact, modify and repeal, from time to time, orders, rules and regulations of general dis- cipline. The powers and duties imposed are essentially and alto- gether different, those of the former relating to general rules gov- erning the force, while those of the latter relate to police gov- ernment and discipline. Of the latter the statute has given the Police Board absolute and discretionary power, entirely free from the sanction and control of the Mavor. 4.") An. 1477. POLICE COURTS— See Recorders. POLICE JAILS — See Prisons and Jails. POLICE PATROL SYSTEM . Signal com- ^\pjT 1676. That the Mavor be and is hereby author- pany. •' "^ Ord. No. 1674, ized and directed to enter into notarial contract with the Not'aHai 'f^t' "^^^^^^ Telephone and Signal Company of Chicago, 111., for the erection of a police patrol system, to-vrit : That the said Police Telephone and Signal Company, shall fnrnish and place in readiness for operation the necessary ontfits for three (3) police precinct head- quarters for the sum of five hundred dollars ($500) Police patrol gach, and one hundred (100) street sentry boxes for the sum of two hundred dollars ($200) each, the loca- tions of the same to be hereafter designated by the Committee on Police and Public Buildings, and that the said company shall also furnish all the necessary tele- PRESCRIPTION. 647 2:raph wire and line material, and build such lines as ^^^^^Necessary may be necessary to connect the above mentioned street sentry boxes and central office outfits, for the sum of seventy-five dollars ($75) per mile, said work to be done and appliances furnished in accordance with the bid of said Police Telephone and Signal Company, dated Chicago, November 6, 1885. Art. 1677. (2) That the payment of same to said ^^ ^P^y^ent to Police Telephone and Signal Company shall be pro- i^. vided for in the budget for the year 1887. Ordinance No. 3827, C. S., provides for payment. Ordinance Xo. 7107, C. S., provides for repairs. Ordinance No. 7483, C. S., provides for empPoyment of a com- petent person to repair and keep in good condition. POLICE AND PUBLIC BUILDINGS, COMMISSION- ERS OF — See Commissioners. PRESCRIPTION. ACT OF THE LEGISLA IlIM:. Act Xo. 91 of 1858, v. (54. Kelative to prescription of certain actions against the city of Xew Orleans. Be it eii'icted by the Senate and House of Representatives of the State of Louisiana^ in General Assembly convened. That all actions for the enforcement of any contract entered into with the corporation of the city of Xew Orleans for work and labor to be performed, and for the recovery of any damages alleged to have arisen in favor of the contractors for any breach thereof on the part of the said corporation, shall be prescribed if not instituted within one year after the expiration of the time within which such contract is recpiired to be performed or such damages are alleged to have arisen. Act 50 OF 1894, p. 60. Be it enacted by the General Assembly of the State of Louisiana, Fixing t h e That section nine hundred and eighty-six (986) of the Eevised ^'^J^^j^jji^^^^jj^Pg^'. Statutes be and is hereby amended and re-enacted so as to read : t a i n criminal Xo person shall be prosecuted, tried or punished for any offence, *^^'^''^^®* wilful murder, arson, robbery, forgery arid counterfeiting ex- cepted, unless the indictment or presentment for the same be 648 PRISONS AND JAILS. found or exhibited within one year next after the offence shall have- been made known to a public officer having the power to direct a public prosecution. Nor shall any person be prosecuted for any fine or forfeiture under any law of this State, unless the pros- ecution for the same shall be instituted within six months of the time of incurring such a fine or forfeiture. Nothing therein con- tained shall extend to any person absconding or fleeing from jus- tice. Xor shall the prescription and exemption hereinbefore provided apply to any conviction of a lesser crime or offence, under an indictment for wilful murder, arson, robberj-, forgerj- or counterfeiting, but on the contrary, said prescription or ex- emption shall not be pleadable against such an offence. Prisons and jails. POLICE JAIL. Workhouse Art. 1678. (1) That frotn and after the passage of ^'o l''d"s^'N o s. this ordinance it shall be the duty of the Administrator ?^2f: a! s^ ''"'* of Police to cause to be repaired the old Workhouse and N''dv;',iSS6! buildings in a suitable manner; said buildings are here- by constituted and shall be hereafter known and used as a police jail for the city of New Orleans. Undercharge Art. 1679. (2) That Said policc jail sliall bc uudcr the °or ofpoTiw.'' charge and management of the Administrator of Police, ^^' who is hereby authorized to appoint a sufficient force for the management and control of the same, subject to the approval of the Council. Place of con- Art. 1680. (3) That said police jail shall be used as finement. ^^^ pjacc of Confinement for all persons who may be sen- tenced to the same by the proper authorities under ex- isting laws, and the parties so sentenced shall be em- ployed and put to work therein in accordance with such rules and regulations as may be prepared by the Ad- ministrator of Police and approved by the Council. To work un- Art. 1681. (4) That all persons sentenced to work of An^m?n*istra^ on public works and buildings in this parish, in accord- mini.^'"'"'*'''^' ance with provisions of section 1, Act No. 38, Acts of 1878, regular session, shall be confined in said police jail and employed under the directions of the Adminis- trator of Improvements on such works as the Adminis- trator may designate. PRISONS AND JAILS. 649 Imp r ison- ment in police of violation of city ordinances now in force, for which i**'- j^ the punishment is fine and imprisonment, the imprison- ment shall be in said police jail ; provided, that nothing in section 3 of Ordinance No. 6845 shall be so con- strued as to imply that persons sentenced for viola- tions of city ordinances by the Recorders of the city shall be pnt to work, and all the provisions of said Ordinance No. 6845, relative to putting prisoners to labor on pnblic works and buildings, shall be so con- strued as to be applicable only to persons sentenced thereto by the criminal courts of the parish nnder the provisions of Act No. 38 of the Acts of 1878. Art. 1683. (1) That in all cases wherein, by existing Recorders au- ordinances, the Recorders of the city of New Orleans c o m m i t to i T .,1 • • T i- i •/ «. T , • police jail or are vested with jurisdiction to commit offenders to im- parish prison, prisonment in the police iail of said city, they be and c. s." u 1 ^i, • ^ 1 ji / -^ 1 Sept. 23, 1884. are hereby authorized and empowered to commit such offenders to imprisonment either in the parish prison of the parish of Orleans or in the said police jail. Art. 1684. (1) That hereafter whenever a prisoner Manual labor committed by a Recorder of this city to the police jail ^^'^^- ^°- 76'. for a period exceeding ten days shall be willing of his June 24,1884. own accord to perform manual labor on any of the streets or public improvements, the Commissioner of Police and Public Buildings, with the Commissioner of Public Works, shall give said prisoner such employment ^nder direction under their control or under the control of the street or °^ ?"'^^' su- perintendent. ward superintendents, as said Commissioners in their discretion shall think fit. Art. 1685. Any prisoner who shall thus volunteer to Deductions work shall have as many days taken off or remitted °^ ^''^^' ib. from his sentence corresponding with the number of days during which he shall have performed work in the manner above mentioned ; provided, that such days be computed at the rate of eight hours' solid work per day. Art. 1686. He shall also, when performing such Double work receive double the rations usually allowed pris- '■*^'°"- oners in the police iail, and be given such tonics or in- . Jonics and r 7 » invigoratives. vigoratives as will be best calculated to increase and im- im- prove his efficiency. 650 PRISONS AND JAILS. prisoned'! ' " ^ ^^^- ^^^^ ' That the commanders of the various pre- ^uw^4' fs8s' ^"^^^ police stations be and they are hereby authorized to draw requisition on the parish prison or police jail for the supply of such provisions as may be necessary to feed prisoners confined in said stations over Sundays or legal holidays, and the Commissioner of Police and Public Buildings is hereby directed to honor said re- quisitions. Matrons. Art. 1688. That the Commissioner of Police and c. s.' ' ' Public Buildings be and he is hereby authorized to ap- Amended by poiut two (2) matrous, ouc cach for the Third and Sixth c.'^s. ' "■ ''■''"' Precinct Police Stations, at a salary of forty dollars ($40) per month each; provision for same to be included in the appropriation to his department for the year 1890. This resolution to take effect from and after the first day of January, 1890. • PARISH PRISONS. i8ss— 366 Sec. 2833. Each sheriff shall be the keeper of the public jail ^fj*^""*'^^P°''of his parish and shall by all lawful means preserve the peace Revised and apprehend all disturbers thereof and other public offenders. statutes. ^^ ^ 1S16-24— I ^^^- 2834. The police juries in each and every parish of this Police Juries state and the Common Council of Xew Orleans shall have to reenlate the , , •, -, , . police of jails, power to pass such by-laws and regulations as they may deem expedient for the police and good government of the jails and public prisons in their parishes respectively. 1817—206— 4 Sec. 2835. A phvsician shall be annually appointed by the Physicians ,. . . , ^ .,,.,, , , to be app'inted police jury in each and every parish who shall attend such 1852-188—1 prisoners as are at the charge of the State whenever they are sick. His salary shall be fixed by the police jury. 1814— 3S—2 &3 ^'EC. 2836. The sheriffs, jailors, prison-keepers and their Provisions to deputies Shall furnish to each and every prisoner the following prisoners. per diem allowance of sound and wholesome provisions, to-wit: One pound of beef or three-quarters of a pound of pork, one pound of wheaten bread, one pound of potatoes or one gill of rice, and at the rate of four quarts of vinegar and two quarts of salt to every one hundred rations. 1S17— 206— 3 Sec. 2837. In addition to the nourishment allowed by law to be furnished. ° such prisoners as are contined for crimes and misdemeanors, they shall, at the Ijeginning of the winter season, be allowed each one blanket capot, one shirt, one pair of woolen trowsers and one pair of coarse shoes, and a shirt and a pair of trowsex-s of coarse linen for summer; and 12>^ cents per day shall further be allowed to the keeper of the jail for each and every PRISONS AND .TAILS. 65l prisoner who is sick, in order that the said sick i)risoners may be taken care of as their situation may reiiuire. Sec. 2838. The sheriffs of the different parishes of the State 1S67— 341 i ^ as to two ad- the said adjoining districts to be taught in and at such school- joiniug school house as shall be most convenient to them ; provided, that their ^'®*''"='s- tuition fees shall be paid to the district in which they are taught, and that no change be made without the assent of the Sehoo] Boards of the respective parishes. Sec. 14. Be it further enacted, etc.. That the branches of or- what branches thography. reading, writing, arithmetic, geography, grammar. tn*eve*rv'"dU- United States history and laws of health shall be taught in every trict, a n d in district. In addition to those, such other branches as the State Engu'Lh i°n Board of Education and the Parish School Board may reiiuire; '^ose local- •' ^ ' 1 I I e s where provided, that these elementary branches may be also taught in French lan- the French language in those parishes in the State or localities m^nit^es!"^^ in said parishes where the French language predominates, if no additional expense is incurred. DCTIES OF OFFICERS. Sec. 15. Be it further enacted, etc., That the president shall pre- Duties and side at the meetings of the board, call special meetings when p°^gg''fj°^j"^* necessary, advise with and assist the parish superintendent in Parish school promoting the success of the schools, and generally do and per- form all other acts and duties pertaining to his office of president of the board. All deeds and contracts for the schools, including those with teachers, are to be signed by him; the latter also by the parish superintendent. SECKETAKY. The secretary shall keep full minutes of all proceedings of the of the secre- board in a book provided for the purpose, and shall do and per- '^"^y- form all other acts and duties legally pertaining to the office of secretarv of the board. 678 PUBLIC SCHOOLS. STATE SUPERINTENDENT OF PUBLIC EDUCATION. Office for the Sec. 16. Be it further enacted^ etc., That an office shall be pro- State Superin- yided for the State Superintendent of Public Education at the tendent, and . ..,.,,,,, ^, what shall be Seat of government, m which he shall file, each year separately, filed therein, ^^jj papers, reports and public documents transmitted to him by the board and officers whose duty it is to report to him, and hold the same in readiness to be examined by the Governor whenever he sees proper, and by any committee appointed by the General Vacancies in Assembly ; and he shall cause to be kept a record of all matters state "sufTerin- appertaining to his office. In case of vacancy in the office of Su- tendent; h o w perintendent of Public Education the Governor shall fill the vacancy and submit the name of the appointee to the Senate for confirmation at the first session held after the appointment. Salary of Sec. 17. Be it further enacted, etc.. That the salary of the Super- fe^ndent "^office intendent of Public Education shall be two thousand dollars per fixtures, sta- annum, besides which he shall be entitled to office fixtures, sta- etc?— "Znd c?erk tionery, books, fuel and lights, needed to carry on the work of and porter. j^jg offl^e. He shall have the authority to appoint a clerk and a porter, and prescribe the duties of each ; provided, that the entire expenses of his office, including salaries, postage and incidentals, shall not exceed the specific appropriation therefor, payable in monthly instalments, out of the current school fund, by the Treasurer of the State, upon the warrants of the State Superin- tendent. Supervisory Sec. 18. Be it further enacted, etc.. That the State Superin- duties of the tendent of Public Education shall, have general supervision of tend^ent."''*"" all boards of education, and of all common, high and normal schools of the State, and shall see that the school system is car- ried into effect properly. He shall visit the several parishes of the State whenever practicable, at least once a year, and shall give due notice of the time of his intended visit to the parish su- perintendent, whose duty it shall be to meet and confer with the State Superintendent on all matters connected with the interest of the common schools of the parish ; while engaged in this duty his actual expenses shall be paid out of the current school fund, but shall not in any case exceed the amount appropriated per annum for the purpose. „,, ^ , Sec. 19. Be it further enacted, etc., That he shall keep an ac- W hat account *^ he shall special count of all orders drawn or countersigned by him on the Auditor. ly keep. ^^ ^^^ retums of settlements, and make note of all changes in the appointment of school treasurers ; whenever required, any part pon'o""h^c'sta1e o^ t*^i® account or note of change shall be furnished by the Superintendent Auditor, sh a 1 Tcontain, Sec. 20. Be it further enacted, etc.. That he shall biennially, on copjes"To^'b*'i o^ before the meeting of the General Assembly, make a report of p r inted, and the Condition and progress made and possible improvements to exchan"ged. *" be made in the common schools; the amount and condition of the PUBLIC SCHOOLS. 679 school funds; how its revenues, during the two previous school years, have been distributed ; the amount collected and disbursed for common school purposes from local taxation or from an}' other source of revenue, and how the same was expended. This report shall contain an abstract of the parish and city su- perintendents" reports. He shall communicate all facts, statistics and information as are of interest to the common schools. He shall cause to be printed a copy for each school district in the State two hundred copies for the use of the members of the Legislature, and to exchange with the superintendents of public instruction of other States, and three hundred copies for distribu- tion by the Superintendent. Sec. 21. Be it ftirther enacted^ etc., That the superintendent in Suggestions his report shall set forth the objects, make suggestions which aJfirrd^as^to'^the may be of interest and promote the success of the institution 'J^ st'tutjon of ■' the blind, deaf of the blind and the deaf and dumb. The superintendents of and dumb, these institutions shall annually, by the first day of March, fur- nish the State Superintendent of Public Education such state- ments of their respective institutions as may be necessary to ena- ble him to make a full and satisfactory report. Sec. 22. Be it further enacted, etc.. That certilied copies of Certified . „ , „ . ,, , ., copies of his record and papers m his omce shall in all cases be evidence as re cords and admissible as the original. Kv!d^e1i'?e'''" Src. 23. Be it further enacted, etc.. That it is made part of his ,^. ,, , , , . , His duty to duty to report all neglect of duty or any improper uses made report all ne- of school funds to the State Board of Education whenever it may |'^*^^^ imprbplr come to his knowledge. uses of school ^ funds. Sec. 24. Be it further enacted, etc.. That the State Superin- tendent shall decide all controversies or disputes that may „eriiftfndenf to arise or exist among the directors, or between the superin- decide all con tendents and the board, and between the superintendents and d'isputes^among teachers concerning their respective duties. The facts of g^pg^\''^'^j*^°^®j these controversies or disputes shall be made known to him by "lents and tea- written statements by the parties thereto, verified by oath or loaffpeaito^he affirmation, if required, and accompanied by certified copies of fnd*^with°Yhe' all necessary minutes, contracts, orders or other documents. An help of Attor- appeal may be taken from his decision to the Board of Education : wlien he desi'res provided, it be taken within fifteen days after his decision shall ''• have been made. When called upon by the Superintendent of Public Education, the Attorney General shall give his opinion in regard to any controversy or dispute. The Superintendent of Public Education shall, when required, give advice, explana- tions, constructions or information to the district officers and superintendents and to citizens relative to the common school law; the duties of common school officers; the rights and duties of parents, guardians, pupils and all officers; the management of the schools, and all other questions calculated to promote the cause of education. 680 PUBLIC SCHOOLS. PARISH SUPERINTENDENT. Qualifications Sec. 25. Be it further enacted, etc., That there shall be a Parish parish ^JuJ^rin- Superintendent in each of the parishes of the State, the parish tendents. of Orleans excepted, who shall be possessed of moral character 'and ability to manage the common school interests of the parish. He shall be of age. His salary shall not be more than two hun- dred dollars per annum for his services as Superintendent and secretary as herein provided. ^JTheir visiting sec. 26, Be it fuither enactech etc., That he shall during the year visit, once at least, each district school in the parish, and he shall exert his best endeavors in promoting the cause of common school education. Additional Sec. 27. Be it further enacted, etc.. Whenever his services are to°pansh"sup'°" Quite efficient and highly satisfactory to the School Board, it is i n ten de n tsauthorized in its discretion to allow an amount sutticient to the when allowaole Parish Superintendent to defray his expenses in visiting all the schools in his parish. The amount allowed shall never exceed one hundred and twenty-five dollars per annum. Prior to any payment for expenses in visiting the schools, he shall make a written report respecting the condition of each school examined, and shall make it appear that he has devoted at least three hours in examining each school visited. The School Board is also authorized to defray his expenses to attend annually the conven- tion of superintendents. Committee Sec, 28. Be it further enacted etc.. That the president of the oTt e^rch^ers*; School Board and a member appointed by the board, also the how constitut- Parish Superintendent, shall constitute a committee, and shall as such appoint the teachers of the common schools for his parish, and fill vacancies in the order of merit as hereinafter provided. At the first meeting of the board after the appointment, it shall be noted in each instance in the minutes of its proceedings. Report of Sec. 29. Be it further enacted, etc.. That it shall be the duty of school children each Parish Superintendent, on or before the 10th day of January and disirici;of each year, to cause to be placed in the hands of the State w'h o m"fo \e Superintendent of Public Education a report showing the num- made. bcr of children between the ages of 6 and 18 years residing in the parish, and the whole number residing in each district designated by its number. He shall take the items of his report from the assessor's returns showing the said number of children, but he shall assure himself of its correctness, and so attest before a competent otficer. Sec. 30. Be it further enacted, etc.. That he shall, previously to the fifteenth day of January, mail to the State Superintendent of Public Education his ofiicial report, showing in tables an aggre- gate of the school districts in his parish by number, the districts in which schools were taught and the length of time taught, the highest, the lowest and the average number of children at PUBLIC SCHOOLS. 681 school, the cost of tuition of each child for the session and per Annual re- month, number of private schools, academies and colleges P°J*^^°/jP^^''^^'^ tauffht in the parish and the length of session of same; the dent; when and » '^ -, , , 1 to whom made; number of teachers employed, male and female, for the common what it shall schools, the average wages of male teachers, female teachers, p^n^aU^for^aif- the amount of money raised for school purposes in the parish by ure or neglect ■' , .. ,. , 1 to make the re- local tax or otherwise, and for whose purpose it was disbursed; port. the number and kind of school houses and the value of each, the number built during the year preceding the report, the num- ber of district libraries and the number of volumes in each, and the increase during the year, the amount received and expended. In case of his neglect or failure to make this report in time, as required, he shall forfeit the sum of twenty dollars of his annual salary. Sec. 31. Be it further enacted, etc., That each Parish Superin- Theirrecords tendent shall keep a record of all the business transacted by him °raVs Actions"; as Parish Superintendent, the names and numbers and description descriptions of . 1 ,, ■ IT i l^ 1 school districts, of school districts, and all other papers and documents of value and custody of connected with his office, at all times subject to inspection and P^* p^^^^^^^^ *"*' examination by any school officer or other person interested in any question pertaining to the common school. Sec. 32. Be it further enacted, etc., That the Parish Superin- They may ad- •' ' ' ^ . , minister certain tendent may administer the oath required of any of the officials oaths. of the common schools, or of any person required to make oath in any matter relating thereto, except to qualify directors. Sec. 33. Beit further enacted, etc. That he shall attend at his Reports of office at the parish seat on the first Saturdays of January, April ofhersTwhen July and October, in each year, and at such other times as may and where to be be necessary for him to receive the reports of teachers and others, and to transact the business required of him. teachers' institute or association. Sec. 34. Be it further enacted, etc.. The Parish Superintendent . Parish super- may devote the tirst Saturday of each month during the time the hold institutes common schools are in session in each parish, to holding insti- tortheimprove- "^ ' <^ m e n t of tea- tutes for the improvement of teachers in their qualifications and chers. methods of teaching, and for the discussion of topics pertaining to the advancement of the public school interest in the parish. Sec. 35. Be it farther enacted, etc., That the teachers shall be Attendance ot notitied of the time and place of the monthly institute meeting. |.^^ '^^^hers ob- Teachers failing to be present, or to take such part in the exer- ^' cises as the superintendent may assign or designate, shall forfeit one day's salary (which forfeited salary shall be paid to the in- stitute fund), unless a good and sufficient reason for such failure to attend shall be given in writing to the Parish Superintendent within ten days thereafter. No teacher shall be bound to attend the institute who to do so^ shall have to travel a greater distance than ten miles each way, and otherwise than by land. oers. 682 PUBLIC SCHOOLS. Length of Sec. 36. Be it further enacted, etc.. Three hours" work shall be lesral sessions, .,, ,..,,. . .. , „ and forfeiture required to Constitute a legal session of one institute, and the Par- an'ce?°" '^"^"'^^^'^ Superintendent shall forfeit five dollars for each institute that he fails to conduct as required by this act, unless physically un- able to attend, or for other sufficient excuse, to the satisfaction of the School Board. Honorary and Sec. 27. Be it further euacted. etc., These institutes may receive of *'the^^'inst? ^s members, honorary or active, the members of the board, all *"'^s- officers, and any citizen of good moral character as may desire to become a member, subject to the rules and regulations, and to the payment of such dues and fines as may be imposed by a quorum of the said institutes. Roll of mem- Sec. 38. Be it further enacted, etc., That each Parish Superin- tendent, upon the assembling of the teachers' institute of his parish, shall cause a roll of members to be prepared, which roll shall be called at least twice a day during the session of the in- stitute, and all absentees shall be carefully marked. He shall as- certain the number of teachers who were in attendance, and length of time each attended, and he shall keep a record thereof, p a r o c h i al Sec. 39. 'Be it further enacted, etc.. That the Parish Superintend- stkm^^;1heTreiit, before the beginning of the free school term, shall appoint *^nd*du'f '^^^'°"* ^°^ ^^ *^^ ^^^^ qualified teachers of his parish as institute man- ager for each institute district, should there be more than one institute in the parish : and such appointees shall each be paid for actual services two dollars and a half per day out of the in- stitute fund as compensation for holding institutes, and for assist- ing the Superintendent during the session. Institute funds; Sec. 40. Be it further enacted, etc.. That all institute funds shall kept and*^ ex- be collected and receipted for by the superintendent. He shall pended. keep a record of the amount received, hand them over to the treasurer of the School Board, who shall keep a separate account of these funds. He shall pay them out on the warrant of the superintendent, countersigned by the president of the School Board. These funds shall be . expended only in the interest of the institutes. The superintendent, for all services in connection with the«e institutes, shall be paid three dollars a day out of said fund for each day he will cause the said institute to hold under his personal superintendence, and for each day's attendance as provided for in section thirty -four (34). Institute pro- Sec. 41. Be it further enacted, etc.. The foregoing sections hav- plic° bie'^t'o the ^^S reference to parish institutes shall not apply to the parish of parish of Or- Orleans, but the School Board of said parish may inaugurate and carry on such institute in the manner and with the power and authority set forth above. Institutes or- Sec. 42. Be it further enacted, etc.. That other institutes may sTa te ""boardl ^^ held when ordered by the State Board of Education or under how held and special lavvs Ordering such institutes to be held. These shall be held at any time ordered by authority between the first day PUBLIC SCHOOLS. 683- of April and the first day of October. Every teacher of a com- mon school must attend the sessions upon penalty for non- attendance, and if satisfactory excuse has not been rendered to the Parish Superintendent of forfeiting two days' pay. Those sessions, i. p.. those provided for by this session, shall not be held during a longer time than four days; during which there shall be vacation of the common schools of the parishes, to give opportunities to the teachers to attend, and no reduction of the teacher's salary shall be made during said vacation; provided, he was in attendance the full time of the session of the institute. These institutes, held under this section, shall, as far as possible, be held in some town centrally located, and teachers from as many parishes as can conveniently attend shall be notified to at- tend. This notice they shall obey, under the penalty, if not obeyed, before mentioned. That at each session of the institute every subject embraced in the common school cause shall be ])rought before the institute; also, shall be considered the whole work of the teacher, and the common school laws of the State shall be read and expounded. Sec 43. Beit further eiiacted, etc., That the Parish Superintend- obligatory re- ent. in his annual report to the State superintendent, shall state p/"^*^® . ^.-^^ the time and place teachers' institutes were held; the name of. tes. the persons conducting the same; the number of persons reg- istered as in attendance; the sums collected; the number and names of teachers of common schools in the parish who did not attend the institute, and such other information of the proceed- ings and results of the institute as he may deem of value and in- terest. Sec. 44. Be it further enacted, etc., That it shall be the duty of ^ . ,, ^ . ^ ^ "^ Examination the Parish Superintendent to conduct or superintend in person of candidates the examination of all persons offering themselves as candi- JeV°l?erstby dates for position of teachers of the common schools of whom and how ... , . ... , , . , ,. conducted. his parish (except in cities and towns organizea as one district by special act of the General Assembly; except also, when the applicant holds a certificate entitling him to teach without further examinations, as provided for in this act), in regard to their moral character, learning and ability to teach. For any violation of this duty he shall be liable to a fine of not less than twenty dollars nor more than fifty dollars. The School Board of the parish shall appoint a committee of two competent persons to assist him (the Parish Superintendent) in making these examinations. The Superintendent and the committee must agree as to competency of the applicant before a certficate can be issued. Whenever two or more teachers apply for the same position or positions, a competitive examination shall be held, and the position or positions shall be given to the most com- petent. ^84 PUBLIC SCHOOLS. EXAMINATION FEE. Prerequisite Sec. 45. Be it further enacted, etc., Before being examined fee from candi- *^ ' ' => dates lor ex- each applicant for a certificate to teacii shall paj' a fee of one amination. dollar for the parish Institute Fund, which shall be returned to him if a certificate be not issued. Duties and Sec. 46. Be it further enacted, eto.. Before the examiners shall amlners ° a n'd Commence their examination of teachers they shall take an PfJI^J^g^^^J^' oath that they will faithfully discharge theij duties; they shall not give to any person a certificate before they will have ex- amined the candidate, touching his or her qualifications and fitness to teach, and who is not qualified to teach as required by the common school law. They shall be satisfied that the appli- cant is possessed of good moral character; if at anytime the teacher be found incompetent, inefficient or unworthy of the endorsement given him, the Parish Superintendent may revoke the same and notify the board of his action for its approval or disapproval. Any teacher may be discharged at any time under the above provisions, but he shall be entitled to receive pay- ment for services only up the time of such dismissal. grades of certificates. Qualifications Sec. 47. Be it further enacted, etc., To obtain a third grade g'rad\'^certifi- Certificate the applicant must be found competent to teach spell- cate. ing, reading, primary mental arithmetic, rudiments of practical arithmetic through fractions and simple interest, elementary geography, primary language lessons and laws of health. Diuoforsec- Sec. 48. Be it further enacted, etc.. To obtain a second grade end grades. ./ i i o certificate the applicant must be found competent to teach arith- metic, geography, English grammar and composition. United States history, elements of natural philosophy and elements of physiology. Ditto for high Sec. 49. Be it farther enacted, etc.. To obtain a high school or grades. °^ '^''' ^^^^ grade certificate, the applicant must be found competent to teach elocution, spelling, grammar, rhetoric and literature, his- tory, botany, philosophy, arithmetic, algebra, geography and geometry, and such other studies of high grade as local boards may deem necessary. A special certificate of this grade may issue on a satisfactory examination in the study or studies to be taught in any special academic department, which shall entitle the holder to special appointment in a department where such studies may be taught. Prerequisite Sec. 50. Be it further enacted, etc.. That no person shall be ap- Hcense. *""" pointed to tcach who has not obtained a license for the scholastic year in which the school is to be taught, and of a grade suftici- ently high to meet the requirements of the school, or unless he or she holds a certificate provided for by this act which exempts him or her from examination; provided, that all teachers PUBLIC SCHOOLS. 685 who have been teachino- three years are exempt from Exception as " * to examination further examination. . for all three Sec. 51. Be it further enacted, etc., That it shall be the duty of y«^^«' t^^*^*^^''*- each teacher of a common school to keep such a register of the ^ School regis" '^ '^ ter and month- school as the Parish Superintendent may require, and prior to ly reports from receiving his or her monthly salary at the end of each month, he oMigatory^'^''^'^ or she shall make a report of the entire number of pupils enrolled, the highest, lowest and average number of pupils in attendance during the session; the books used, branches taught, number of pay pupils, if any and such other information as the Parish Su- perintendent, may deem important, and shall furnish a copy of such report to the Parish Superintendent, and if he or she wil- fully neglect or fail to do this, the Parish Superintendent shall withhold two dollars ($2) of his salary due. for the benefit of the parish institute. Sec. 52. Be it further enacted, etc.. That the teachers shall Accountability faithfully enforce in school the course of study and the regula- °' pupils to tions prescribed in pursuance of law, and if any teacher shall wilfully refuse or neglect to comply with such requisitions the Parish Superintendent, on petition or complaint which shall be deemed sulticient by the board, may remove or dismiss him or her. Every teacher shall have the power and authority to hold every pupil to a strict accountabilitj"^ in school for any disorderly conduct on the play-grounds of the school or during intermis- sion or recess, and to suspend from school any pupil for good cause; provided, however, that such suspension shall be re- ported in writing as soon as practicable to the Parish Superin- tendent, whose decision of the case shall be final; and, provided further, that in the parish of Orleans the principals of schools shall suspend and report same to the Superintendent for approval or further action. Sec. 53. Beit further enacted., etc., That the State Superintend- Quarterly ap ent of Public Education shall quarterly, on the first Monday in ponionment of March, June, September and December, in each year, apportion the funds appropriated by the General Assembly for the support of the common schools of the State, among the seven parishes of the State, according to the number of children between the ages of six and eighteen years in each parish ; provided, however, that all the poll tax collected in any parish shall be appropriated to said parish. The amount so apportioned shall be paid by the State Treasurer to the school treasurer of each parish upon the ' warrant of the State Superintendent of Public Education. Sec 54. Be it further enacted, etc.. That the police jurors of the several parishes, and the Board of Trustees, Aldermen and legal ^^jB^jJ^g°"f representatives of cities, towns and villages (except the parish Tru stees. of Orleans), may levy for the support of the common schools of legaV R^epre- 686 PUBLIC SCHOOLS. sentatives o t their respective parisJies not less than one and a half mills of the and' villages ten mills tax on the dollar of the assessed valuation of the prop- isW^Orleans^) ^^^y thereof. This shall J)e provided for in their annual budgets, to lew one and On the refusal or neglect to levy said tax or to vote for such levy, school purposes the Parish School Board shall have the right, and it shall be its budgets *""^^' duty, to compel by mandamus, which may be tried in chambers or c o mpaisory in opcu court, the levy of said tax to be collected as in c a^"e^ o°Mheir case of parish and corporation taxes, and shall be paid failure or re- ^q ^hc school treasury of the parish or town where col- lected, monthly, by the tax collector; provided, towns not ex- empted under their charters from the payment of parish taxes, and subjected to the burden of taxation as the parishes are, shall not pay this tax, for same is included in the taxes imposed by the parish in which the town is situated. Finesandfor- Sec. 55. Be it further enacted, etc., That all tines imposed by a^ppiicable to the several district courts for violation of law and the amount the support ot collected on all forfeited bonds in criminal cases, after deducting common ' "^ schools. commissions, shall be paid over by the sheriff of the parish in which the same are imposed and collected to the treasurers of the School Boards in said parishes, and shall be applied to the j support of the common schools, as are applied the other funds \ levied for the purpose, the parish of Orleans excepted. SCHOOL TREASURER. The parish Sec. 56. Be it further enacted, etc., That the parish treasurer in s'^c h^o"' Trea^ every parish (the parish of Orleans excepted) shall be and is con- surer, stituted the treasurer of all school funds apportioned by the State to such parish, or raised, collected or donated therein for the support of the free public schools; he shall receive and receipt for all such funds to the treasurer of the State, and to the col- lector of parish taxes. His bond as Sec. 57. Be it further enacted, etc., That immediately upon the gations and re- passage of this act and thereafter before he enters upon the gistry. duties of his office the Parish Treasurer of each parish who shall be elected after the passage of this act, shall, in addition to the bond required by existing law, execute a bond in favor of the Governor of the State, with good and solvent security, in a sum equal to the amount annually apportioned to the parish ; the sureties on said bond shall be residents of the parish and shall own therein real estate worth over and above all encumbrance the amount of their obligations thereon; said bond must be ac- cepted by the president of the Board of Directors and the Clerk of the District Court, who shall record the same in the mortgage book of the parish, and shall forward to the State Superintendent of Education and to the State Treasurer a copy of said bond with a certificate of its acceptance and registry endorsed thereon. Sec. 58. Be it further enacted, etc.. That said Treasurer, im- mediately upon the acceptance of his bond, shall demand of hi PUBLIC SCHOOLS. 687 predecessor in the otHce of the Treasurer of the school funds the custody of all hooks and papers, and of all balances of school money in his hands as custodian of the school funds of the parish. Sec. 59. Be it further enacted, etc., That said Treasurer shall The transfer pay out the school funds entrusted to his charge only on warrants ° ^'^ ooxixxn s. drawn by the president and countersigned by the secretary of the Parish School Board, and shall state against what school district fund it was drawn, which warrants shall be drawn by these otticers only in virtue of appropriations regularly made ^^^,°^^^*^^?°' by the Parish Board ; the Parish Board shall make annually an bursabie. estimated of the amount of revenue for the year, appropriating the same as above required, and no warrant beyond the amount estimated shall be drawn for any year. These warrants shall be numbered and shall specify on their face to whom and for what they are given, and the date of the appropriation made by the School Board ; the Treasurer shall pay these warrants only to the extent of the amount to the credit on his books and in the order mate" of reve- in which they are presented, of school districts, in behalf of ""^®" which the warants shall have been drawn, and said warrants shall be tiled in his office as vouchers, and with the account book kept by him as Treasurer of the school fund shall alwavs be subject to examination by any one who choses to examine them. Sec. 60. Beit further enacted, etc., That the compensation of Compensation the treasurer shall be a sum to be fixed by the State Board of surer.^ '^^^ Education, for each parish, according to its territorial area and the amount of funds to be disbursed; but in no case shall it exceed two and a half per cent, on the amount disbursed by him as shown by his vouchers. Sec. 61. Beit f^trther enacted, etc.. That it shall be the duty Annual ac- of the treasurer to furnish to the Parish Board accounts of his celpts* a*iid 'dfs- receipts and disbursements as often as required by them, andb"''^e'"e?ts; • ^ . 7 when required before the 10th day of January, annually, he shall forward to and how made, the State Superintendent of Public Education, in such form as he shall prescribe,, a full report of his receipts and disburse- ments for the year, and of the balance on hand to the credit of each ward or school district, and the indebtedness outstanding on the first day of January ; provided, the foregoing sections do not apply to the treasurer of the board for the parish of Orleans. CITY SCHOOLS. Sec. 62. Be it further enacted, etc., That all public schools of g^j^ . , , the parish of Orleans and the property and appurtenances there- of directors ot of shall be under the direction and control of a Board of Directors. Orleans;' h ow Said board shall consist of twenty members, eight of whom '^° "^*''"'^''j shall be appointed by the Governor, by and with the consent and division of the' approval of the State Board of Education, and twelve members da^el" ac"an° thereof shall be elected by the City Council of New Orleans. <='«s;''°^^^'''* 688 PUBLIC SCHOOLS. The members of said board shall hold office during four years after their appointment and election, except as hereinafter pro- vided, and until their successors are appointed or elected and qualified. On the first organization of said board by the mem- bers thereof, who shall be appointed and elected on the passage hereof, and in the manner aforesaid, the members shall be divided into four classes, by such method as they may choose, each class to consist of three members elected by the City Council, and two members appointed by the Governor, by and with the consent and approval of the State Board of Education, whose terms shall expire respectively in one, two, three and four years, and whose successors shall be elected and appointed for four years, and in the manner set forth above : so that one-fourth of the member- ship of said board shall expire and be elected and appointed annually. • Vacancies in membership shall be filled by the ap- pointive or elective power, as herein provided. Said board; Sec. 63. Be it further enacted, etc., That the said Board of gan"il°ed^ °tg Directors of the public schools of the parish of Orleans shall be duties anda body Corporate in law, with power to sue and be sued. powers and its-^, , , ,, . , , attorney. Eleven members shall constitute a quorum for the transaction of business. Legal process shall be served on the president; in his absence or inability to act, on the vice president. The City Attorney shall act as attorney for the board. The board shall be organi/^ed within ten days after its appointment, with a president and vice president chosen from among its members, and a secretary, who shall not be a member of the board. The salary of the secretary shall not exceed the sum of eighteen Salary a n d hundred dollars ($1800) pesr annum. In addition to the duties duties oft he ^ -^ secretary. of his otflce, which may be duly prescribed by the board, he shall make a quarterly report to the State Superintendent of Education of the cost of maintaining the city schools, and shall keep the accounts of said board in such manner as to be in strict accordance with such budget as they may adopt, certify- ing to said board at each monthly meeting the expenses of said board of each current month. Said board shall have control of all buildings, records, papers, furniture and property of anj^ kind pertaining to the administration of the schools and shall have the management of all the public schools within the limits Limitation of of the city of Ncw Orleans. The expenses of said board for its expenses as to stationery and other purposes shall not exceed twelve hundred dollars per annum, this limitation not to apply to the schools or teachers, but simply to the expenses of the board. The salary of the secretary shall be paid in the same manner as hereinafter provided for the payment of the salary of the Superintendent. Additional Sec. 64. Be it further enacted, etc.. That in addition to the pow- powers of the ers and duties hereinbefore granted to and imposed upon Parish tors ot the par- Boards, the powers and duties of said Board of Directors of the ish of Orleans, parish of Orleans shall be as follows : PUBLIC SCHOOLS. 689 First. It shall adjust and fix equitably the salaries of teachers The adjust - and porters or portresses employed in the schools, and of the sec- ^f" ^ r°i^e s'^of retary and employees and of such assistant superintendents as it teachers, por- may deem necessary for the etticient supervision of the schools, tresses. Second. It shall limit the annual expenses of maintaining the Limitation of schools to the annual revenue, and the expense for any one annual and month shall not exceed the one-ninth part of the whole amount ^enditures'^ provided for the schools. Third, [t shall prescribe rules for subjecting teachers, or can- Rules for didates for teacherships, to a careful competitive examination on arnhfations^ ^^ all such branches as they are expected to teach, and no person shall be elected to a position as teacher without a favorable re- port on his or her moral and mental qualifications by an organ- ized committee of examiners appointed by the board. Teachers regularly examined and elected shall not be removed from the schools during the time for which employed, except on written charges of immorality, neglect of duty, incompetency or malfeas- ance, of vvhicli he or she shall have been found guilty by a ma- jority of the members of the board at a regular monthly meet- ing. The said board may except from such examination any person who has passed a satisfactory examination, as re- (luired by Act No. 23 of eighteen hundred and seventy-seven, approved March twenty-sixth (28th), eighteen hundred and seventy-seven (1877), and who holds a certificate of qualification, and who has had two years or more experience as a teacher, so that the calling of a teacher shall be elevated to a profession, and that a system of life certificates shall be issued to all such teach- ers in the city of New Orleans by the Board of Directors of city schools; any person who is a graduate of a Htate normal school, or of any college or university duly authorized to confer degrees, certificates of qualifications shall be given to all persons who suc- cessfully pass such examination. Fourth. It shall elect all teachers from among the candidates Election of holding certificates in the order of their merit, as shown bv such teachers from ^ " among cancli- examination, including graduates of normal schools, as shown by dates holding the averages attained at their final examinations, or from amonggra duates of persons excepted from examination as hereinbefore provided. normal schools. Fifth. All certificates to teachers granted hereafter shall stand certificates to good for three years ; upon a second examination at the end of three teachers good ° ,7 1 J' for three or five years certificates of a higher grade shall be given, to be good for years, five years, if the applicant is found competent to teach a higher grade school than the one for which the first certificate issued. Sixth. It shall hold regular monthly meetings on a dav fixed by it. Seventh. It shall declare vacant the position of any of its Regular members who shall have failed to perform the duties assigned mo"'hiy meet- to him, or have absented himself from two successive montlily *"^' meetings of the board without leave, or have been guilty of any <390 PUBLIC SCHOOLS. Vacating seats breach of decoruuj or of any other act inconsistent with the dig- of members .,,,,. , ° of board fo r nity of a school director; and it shall report each vacancy to the fw o^succe^^ ^^^y ^y which the delinquent member shall have been previ- sive meetings oiisly elected or appointed : it shall be the dutv of the Board of and for other ,^. ^ ^ .,,,-, , causes. Directors of City schools elected and appointed under the provi- sions of this act to examine and scrutinize personally the accounts of their predecessors in order to find out if their administration of the school funds, committed to their charge for disbursement, has been in accordance with law, so that in the future a proper administration of the city schools may be had. Theestabiish- Eighth. It ma / establish, when practicable, evening: or night mentcfevening , , ^ , . . and n ightschools for the instruction of such youths as are prevented by schools. their daily vocations from receiving instructions during the day. Theestabiish- Xinth. It may establish, when deemed advisable, one or more m o"re* normal '^^'"™*' ^chools Or departments for the professional training and school^, and improvement of candidates for teacherships, including in the the graduation of their pupils, course of instruction and training lectures in the natural sciences, and on the method of teaching and disciplining children and the practical exercise of non-teaching students in model classes, organized for that purpose by the faculty of the institu- tion. To graduates of these normal schools or departments, and also to proficient students in other city schools of an academic grade, the board may, in its discretion, award diplomas; and the graduates of the normal schools or depart- ments who shall have been examined and found proticient in all the branches recjuired to be taught in the public grammar schools may be deemed preferred candidates for vacant posi- tions in the city public schools, and the diplomas awarded to such graduates shall be deemed equivalent to teaching certiti- cates of the highest grade for common schools; provided, that the- final examination for graduation from said normal schools, and upon which diplomas may be awarded, shall be conducted in the same manner and include the same subjects as the public competitive examinations required by paragraph three (3) of this section. No compen- Sec. 65. Be it further enacted, etc.. That no school director of sation allow- the city of Xew Orleans shall receive compensation for his able to New Or- . *^ , , ■,. leans school scrviccs as a school director. ■directors. gj,^^, y(. ^g ,^ further enacted, etc.. That the said board is de^"t^o"Varish authorized to appoint for the constant supervision and periodical of Orleans; his examination of the public schools of the parish of Orleans a ^u^iesan pow- ^.Q,jjpgj.gQ(- ^^^ experienced educator to be designated as Super- intendent. He shall aid the directors in organizing the schools and in improving the methods of instruction therein, in examining candidates for teacherships, and in conducting peri- odical examinations of pupils for promotion through the re- spective grades of the schools, and in maintaining general uni- formity and discipline in the management of all the schools. PUBLIC SCHOOLS. G91 He shall make semi-annual reports on the condition and needs of His salarv and .-■•-.-. > , ,. term of office. the schools, to the said board, and an annual report, on or before the tirst of January, to the State Board of Education, as herein- before recjuired; and, whenever notified to be present, he shall attend meetings of the State Board of Education. The Superin- tendent shall receive an annual salary of two thousand dollars, payable in equal monthly instalments, paj-able on the roll of the Board of Directors of City Schools in the same manner and at the same time that the employees and expenses of said Board of Directors are paid. He shall hold his office for the term of four years, subject to removal by the board for neglect of duty or malfeasance, of which, after an impartial hearing by the board, he shall have been adjudged guilty. He shall be ex officio a mem- ber of said board and entitled to participate in its deliberations and debates, and in the examinations of candidates for teacher- ships, but he shall not east a vote in the board. Sec. (j7. Be it further euacted. etc.. That the Treasurer of New The Treasurer Orleans shall ex officio be the treasurer of said board, and shall ^I^w!^;^'^'^*,."/ ■'• ' ex-o mcio trt as- receive all funds apportioned by the State to such city, or re- u r e r of the ceived or collected for the support of the free public schools a iTd ' fi^lin"g from any and all sources. He shall give bond with good and solvent '^hereof. security in the sum of ten thousand dollars ($10,000), in favor of the president of said board and his successors in office, to be accepted and approved by said board and recorded in the Mort- gage Office of the parish, and which bond shall then be tiled and kept on record in the office of the said board. The tiling of said bond and taking and tiling the usual oath of office before any offi- cer authorized to administer the same shall (pialify the treasurer to act. Sec, 68. lie it furtlwr enacted etc. That said treasurer shall j^jg tg^m of hold his office for four years, or during his term of office as City office; removal, ■, ^ -, . , 1 . . . and election ot Ireasurer. unless sooner removed after due trial and hearing by a successor; the said board, for neglect of duty or malfeasance in office ; and in ^'^''^'y- case of removal by the board, it shall elect a treasurer who shall not be a member. He shall receive the sum of six hundred dol- lars per annum for the trouble and expenses which may be in- curred by liim in the discharge of the duties imposed under this act, payable monthly on his own warrant, as hereinbefore provided for the payment of the Superintendent's salary. He shall keep his otHce open at all such times as may be prescribed by said board, for the payment of payrolls or checks in favor of teachers and other employees of the board. Sec. 69. Beit further enacted, etc. That the Mayor, Treasurer^ «- . •' J 1 Ex-ofticiomem- and Comptroller of the city of New Orleans shall be ex offiriob ers d city members of the said board and entitled to take part in all the de- **'^°°' ^°^''^' bates and deliberations in the said board on the ways and means for maintaining the public schools of said parish, but they shall not have the right to vote. 692 PUBLIC SCHOOLS. Annual report Sec. 70. Be it further enacted, etc.. That in addition to the whe^n and'^to <^"^^®*^'"P^^^*^ "P^^ ^o^**<^®*^* school directors.it shall be the w ho m made, duty of Said board for the parish of Orleans to present to the shall embrace. Common Council, of the city of Xew Orleans, on the first day of December of each year, a full report of the condition of the city schools, showing the number of teachers and other employees and their salaries; the number and location of school houses, with the condition thereof, and the estimated cost of keeping all appurtenant grounds in good repair during the ensuing year; also a detailed exhibit of all receipts and expendi- tures of the board of the schools during the previous twelve months; said report shall be accompanied with a statement cer- tified by the ofticers of the board of the average daily attend- ance of pupils during the annual session, and the average ex- pense per capita of their instruction. What City Sec. 71. Be it further enacted, etc.. That it shall be the duty of Council of the j.j^g Common Council of the citv of Xew Orleans, in making up city or New Or- ~ o i leans shall in- their budget of annual expenses, to include therein the amount support "of the neccssar}- to meet the expenses of the schools, as shown by the schools inniak statement of the actual attendance and cost of instruction required I n g up their ' buderet of an- by the preceding section, with such additional allowance for nua expenses. pj.Q|jjjJ3ig increased attendance and contingent expenses as may seem just and reasonable to the City Council, and to keep in good repair all school houses and school grounds belonging to the city; provided, that the sum appropriated, with the probable receipts from the State school fund and poll tax. shall not exceed the aggregate amount required for the maintenance of the schools during the year, and for the keeping in good repair of all school houses and school grounds belonging to the city, as shown by the statement of the School Board; and provided further, that the amount to be appropriated by said city shall not be less than the sum of two hundred and fifty thousand dollars; of said amount so to be appropriated by said City Coun- cil not less than the sum of one hundred and seventy-five thousand dollars shall be provided for in the aanual city budget of expenditures, and the balance out of the reserve fund of 20 per cent., constituted by section 66 of Act Xo. 20. approved June 23. 1882. and by Act Xo. 109 of 1886, and said balance is hereby constituted a first lien and claim against said reserve fund. Provisions for and shall be paid out of the first collection made on account of cUims"of Tsso^, the same and by preference over all claims whatsoever: provided iSSi, iSSz and further, that out of the amount so appropriated by said city said *' Board of Directors shall in the year eighteen hundred and eighty- nine (1889), and annually for five years thereafter, appropriate a sum sutticient to extinguish at least one-sixth of the unpaid claims against said board for the years 1880. 1881. 1882 and 1884. so that said claims shall be entirely paid by the beginning of the vear 1895. The Board of Directors for the parish of Orleans are PUBLIC SCHOOLS. 693 hereby authorized to enforce the provisions of this section by the application to a court of competent jurisdiction, by a writ of mandamus or other effective remedy. Sec. 72. Be it fitrther enacted, etc., That for the purpose of Provisions for affording proper evidence of said claims aforesaid (and for no ^f °^^j'j'g^PJ°P j other purpose whatsoever), said board shall issue certiflcates of claims, indebtedness to an amount equal to the total amount of said claims and maturing in six equal instalments on the tlrst day of January, 1890, 1«91, 1892. 1893, 1894 and 1895. Sec. I'd. Beit further enacted, etc., That the di&erent Boards of Limitations Directors shall not be empowered to make contracts or debts for and deMs.^'^*'^'^ any one year greater than the amount of revenue provided for according to this act. it being the intent hereof that parties con- tracting with said board shall take heed that due revenue shall have been provided to satisfy the claim, otherwise they may lose and forfeit the same, and no action or execution shall be allowed in aid thereof, and that the board shall not exceed their powers in incurring the debt. Sec. 74. Be it further enacted, f-^c. That this act shall go into Restraining effect from and after its passage, and nothing in this act shall be clauses!''^* '"^ so construed as to vacate the office of any teacher until the expira- tion of the term for which he or she shall have been appointed under existing laws, nor as requiring such persons now teaching in the public schools of the city of New^ Orleans to qualify in ac- cordance with this act or to pass such examinations as are other- wise demanded by paragraph Ave of section 64, and that all laws in conflict with the provisions of this act be and the same are hereby repealed, except acts passed at the present session of the (ieneral Assembly. Act 78 ok 1894. To amend and re-enact Section 14 of Act No. 81 of the Session of 18S8, app-roved July 12, 1888. Section 1 . Be it enacted Inj the General Assembly of the State of Louisiana., That section 14 of the Act Xo. 81 of the General As- sembly of 1888, approved July 12, 1888, be amended and re- enacted so as to read as follows : Sec. 14. Be it further enacted etc.. That the branches of ortho- graphy, reading, writing, arithmetic, geography, grammar. United States History, Laws of Health and Physical Education shall be taught in every district. In addition to those, such branches as the State Board of Branches of Education and Parish School Board may require; provided, that t a"u p'°h t° in these elementary branches may be also taught in the French ^\n"*^ari' he"'" language in those parishes in the State or localities in said par- ishes where the French language predominates if no additional expense be incurred. Sec. 2. Be it further ordered. That all laws or parts of laws in <'onflict herewith be and the same are hereby repealed. 694 PUBLIC SCHOOLS. Act 158 of 1894. Section 1. Be it enacted by the General Assembly of the State of Louisiana. That section 63 of Act 81, of the General Assembly of 1888, approved July 12, 1888, be so amended as to read as fol- lows : Board of Di- -pjjj^j gjjid Board of Directors of the Public Schools of the par- rectors of Pub- ^ lie Schools forish of Orleans, shall be a body corporate in law, with power to gan\zadon', etc. ^"^ ^"^^ '^^ sued. Eleven members shall constitute a quorum for the transaction of business. Legal process shall be served on the president; in his absence or inability to act, on the vice presi- dent. The City Attorney shall act as attorney for the board. The board shall be organized within ten days after its appointment, with a president and vice president chosen from among its mem- bers, and a secretary, who shall not be a member of the board. In addition to the duties of his oflice, which may be fully pre- Report to the scribed by the board, he shall make a quarterly report to the of^Ed" cal?on."* -^tate Superintendent of Education of the cost of maintaining the city schools, and shall keep the accounts of said board in such manner as to be in strict accordance with such budget as they may adopt, certifying to said board at each monthly meeting the expenses of said board for each current month. Said board shall have control of all buildings, records, papers, furniture and property of any kind pertaining to the administration of the schools, and shall have management of all public schools within the limits of the citv of New Orleans. Salary of the The Salary of the secretary, which shall be fixed by the board, ecre ary- gjjall be paid in the same manner as hereinafter provided for the payment of the Superintendent. Sec. 2. Be itfurt'ier enacted, etc., That section 66 be so amended as to read as follows : Superinten- That the Said board is authorized to appoint for the constant uutics. " '"supervision and periodical examination of the public schools of the parish of Orleans a competent and experienced educator, to be designated as Superintendent. He shall aid the directors in organizing the schools and in approving the method of instruc- tion therein, in examining candidates for teacherships. and in conducting periodical examinations of pupils for promotion through the respective grades of the schools, and in maintaining general uniformity and discipline in the management of all the schools. He shall make semi-annual reports on the condition and needs of the schools to the said board, and an annual report, on or before the first of January, to the State Board of Educa- tion, as hereinbefore required; and, whenever notified to be pres- ent, he shall attend meetings of the State Board of Education. Supe^in^ten- The Superintendent Shall receive an annual salary of twenty- dent; hi s re- five hundred dollars, payable in equal monthly instalments, pay- able on the roll of the Board of Directors of the City Schools, in moval in cer tain cases PUBLIC SCHOOLS. 695 the same manner and at the same time that the employees and expenses of said Board of Directors are paid. He shall hold his ottlce for the term of four years, subject to removal by the board for neglect of duty or malfeasance, of which, after an impartial hearing by the board, he shall have been adjudged guilty. He shall be a ex officio member of said board, and entitled to par- ticipate in its deliberations and debates, and in the examination of candidates for teacherships, but he shall not cast a vote in the board. Sec. 3. Be it further enacted, etc.. That all laws in conflict with or contrary to or inconsistent with the provisions of this act be and the same are hereby repealed. Sec. 4. Be it further enacted etc.. That this act shall take effect from and after its passage. Act 53 OF 1894. Section 1. Be it enacted inj the General Assembli/ of the State of a ho ] b d Louisiana, That the Boards of School Directors of the several prohibiied from parishes of this State are prohibited from entering into any con- Sacts or agree- tract, agreement, understanding or combination, tacitly or ex- P'"'i*=°"'^^''"" " '^ •' ing the public pressl}^ directly or indirectly, with any church, monastic or other schools with religious order or association of any religious sect or denomina- reifgious order^ tion whatsoever, or with the representatives thereof, for the pur- pose of running or to defray the expenses for the running of any public school or schools of this State, together, in connection or in combination with any private or parochial school or other in- stitution of learning which may be under the control, authority, supervision, administration or management of any church, mon- astic or other religious order or association of any religious sect or denomination whatsoever. Sec. 2. Be it further enacted. That the violation of tlie pro- visions of this act by the Board of School Directors or any mem- ber thereof shall be the cause for their removal. Sec. 3. Be it further enacted. That all laws or parts of laws con- trary to or in conflict with the provisions of this act be and the same are hereby repealed. Act 136 of 1894, payment of back salaries of teachers. Act 57 of 1894, granting certificates to graduates of Peabody Xormal School. Act 110 of 1890, revenue for public education. Act 40 of 1888. study of scientific temperance. Act 129 of 1882, levy of school tax. Act 12(> of 1880, certificates of indebtedness issued prior to January 1, 1880, receivable for certain back taxes. Act 78 of 1877, E. S., amending previous acts. Act 23 of 1877, E. S., regulating public education. Act 123 of 1874, regulating public education. Act 3(5 of 1873, relating to public education. Act 48 of 1873, relating to school tax. Act 6 of 1870, E. S., regulating public education. ^96 RAILROADS. Act 8 of 1871. organization of School Boards. Act 129 of 1869, regulating public education. Act 107 of 1867, regulating public education. Act 155 of 1861, amending Act 153 of 1859. Act 237 of 1861, apportioning funds. Act 42 of 1860, prohibiting elections in school halls. Act 153 of 1859, establishing normal school. Act 84 of 1858, establishing normal school. Act 267 of 18,58, regulating public education. Act 239 of 1857, regulating public education. Act 151 of 1855, exempting property of public schools from seizure. Act of 1852, regulating public education. Decisions. The Legislature can not force a parish to levy a school tax, or hence, to make the appropriation of an amount which such tax would have realized. 42 An. 92. PUBLIC WORKS, COMMISSIONER— See Commis- sioners. PHYSICIAN, CITY. Coroner, ex-officio City Physician, see Article 147 of the Con- stitution of 1879. Ordinance 7726, providing for clerk. QUARANTINE— See Health and Quarantine. QUICK LIME— See Lime. RAILROADS. General Ordinances. Steam Railroads. Art. 1768. (1) That it shall be the duty of the New Orleans, JacksoD & Great Northern Railroad Com- pany, the Pontchartrain Railroad Company, the New Orleans, Mobile & Texas Railroad Company, the New Orleans & Northeastern Railroad Company, the Mis- RAILROADS. 697 8issippi A^illey Railroad Company, and of all other gen- eral railroads other than the local city railroads, which may now or hereafter run their trains for regular rail- road trafiftc, for the transportation of freight or passen- gers within citv limits, to station, at each insection of watchman •!• 1 • nxT /^i !•! with signals. any street within the city of New Orleans on which ord. No. 555, street cars are running, at least two minutes before the Jan., 1884. approach ot' any of their trains, a watchman, who shall remain on the spot until after the passage of the train, with a red signal flag in day-time and red lantern at night-time, to signalize the approach of the train. Art. 1769. (2) That for each and every contraven- Penalty, tion of this ordinance the respective company shall be a. s." liable to a fine of one hundred dollars, recoverable be- ^^ '" ' ^'^' fore a court of competent jurisdiction within the district in which the offence is committed. Art. 1770. That Ordinance No. 555, C. S., be and is Penalty. hereby amended by adding the following : Any engineer c s. " °'^ '^^' ■ . . ■ I- , . Mar.26, 1SS9. or person in charge or an engina, approaching any street crossing, without being properly flagged as herein pro- vided, shall be immediately arrested and fined not less than tea dollars or more than twenty-five dollars, and in default of payment, imprisoned for not less than ten or more than thirty days, at the discretion of the Re- corder within whose jurisdiction the offence was com- mitted. Art. 1771. (1) That it shall be unlawful for any rail- Lines and , . . ,.n. ,1.., levels to be fur- road company running its tracks withm the limits of the nished by City city of New Orleans to lay down new tracks or lower or ord. no. 3397, raise the grade of any track now laid, being laid, or Feb., 1876. hereafter to be laid, without first procuring lines and levels from the City Surveyor of New Orleans for the proper construction of the same. In case of any viola- tions of the provisions of this ordinance, it shall be the duty of the Administrator of Improvements to cause said track or tracks to be immediately conformed to the proper grade or level of the streets or levees upon which they are laid, and in case the railroad company should refuse or neglect so to do when notified, it shall be the duty of said Administrator to execute the provisions of Penalty. 698 RAILROADS. this ordinance and to use such means as may be neces- sary for said purpose. „ , , ., Art. 1772. That from and after this date all railroad Speed of rail - n?n '^ afin* '"he ^^™P^^^^^ ^^^ hereby prohibited from running their riverfront. traius or cnffines, or allowiner the same to be run, on the April, 1881. r^ 7 o 1 A. b. 6988. south side of Claiborne street or the river front at a greater speed than six miles per hour, and for any vio- lation of the foregoing the company so violating the same shall be held liable to a flue of one hundred dol- lars for each and every offence, collectible before any court of competent jurisdiction. To rin bells ^^'^ ' ^"^'^^- '^^^^ i* ^^^^ ^(6 the duty of the Chicago, iTmits'''" *^'*^^^" Louis & New Orleans Railroad Company, the ocIm 'S^si. Pontchartrain Railroad Company, the Louisville & Nashville Railroad Company ''as re-organized," Mor- gan Louisiana & Texas Railroad Company, New Or- leans, Spanish Fort & Lake Railroad Company, and New Orleans City Railroad Company, steam train, and all other railroads which may now or hereafter have the right to move their trains by steam power, on any of the streets of the city of New Orleans, between Claiborne street and the Mississippi river, to ring a bell at intervals within said limits. Art. 1774. That it shall be unlawful for steam trains Speed, ^Q j.^jjj ^^ ^ greater speed than six miles per hour, or to announce their approach to curves or crossings within the limits of Claiborne street and the Mississippi river by whistle, except that the Louisville & Nashville Railroad Company shall signal their approach to the curve at the head of Elysian Fields street by whistle Penalty. bctweeu St. Claude and Rampart streets, also in cases of emergency ; and any failure on the part of individuals to comply with the foregoing ordinance will subject them to a fine of twenty dollars, or imprisonment for thirty days for each offence, recoverable before the Re- corder wherein the offence was committed. Art. 1775. That no railroad company within the cor- porate limits of the parish of Orleans shall permit its engines, cars or trains of cars to remain standing upon any street or street-crossing within the city limits, or to- RAILROADS. 699 obstruct crossings in any manner whatsoever, except in stS on"treets so far as raa}^ be done by trains in motion; provided, °^^g°.^^^"'"'=' however, that this shall not apply to the tracks ^^rd. No. 3< 87, of the Belt Railroad or of other roads on the ^^f^l'^^^ river front, when used for the purpose of loading or un- O''!' ^o. 4882, loading cars in the ordinary and usual interchange of merchandise, nor to such portions of streets between crossings as may be within and form part of the yards of the respective roads ; provided, further, that the Mayor shall have the power in his discretion to give per- mits in special cases for the loading or unloading of cars at places other than intersections of streets, such per- mits to specify the locality and the time allowed, and provide that no blockade of the street shall thereby en- sue ; and provided, furthermore, that this shall not ap- ply to that portion of the Belt road situated on Louisiana avenue, between Water and Annunciation streets, and that portion of the same road on Louisiana avenue be- tween Dryades street and the connection of said Belt ^^j^"^, ^°^ *^P^y road with the main line of the Illinois Central Kailroad. ^''• Art. 177(5. That for each and every contravention of Penalty, this ordinance the officer or employee so offending shall be fined not less than ten dollars, and in default of pay- ment be imprisoned for not less than ten days, by the Recorder within whose jurisdiction the offence has been committed . Art. 1777. That Ordinance No. 4024, C. S., adopted umawfui to. October 1, 1889, be amended and re-enacted so as to from cars or at read: That it shall be unlawful for any railroad com- ord.No.4090 pany or companies in the city of New Orleans to allow Nov. s, 1889. ii T TT 1 •!• n « •! IT 1 Amended by the peddling or retailing of fruit, vegetables, market ord. No. 4489, produce, perishable freight or merchandise, arriving over their line or lines in the city of New Orleans, from cars, on the tracks, from any platform, shed or building, or public wharves or landings, at the depot or depots on the grounds or other property owned or controlled by such railroad company or companies in the city of New Orleans. Art. 1778. (2) That it shall be unlawful for any per- From piat- -■ T, ., forms. son or persons to peddle or retail any fruit, vegetables, ib.. 700 RAILROADS. market produce, perishable freight or tnerchandise ar riving over any railroad line or lines in the city of New Orleans, from cars, on the tracks, from any platform, shed or buildings, or public wharves and landings, at the depot or depots, on the grounds or other property owned or controlled by any railroad company or compa- nies in the city of New Orleans. Penalty. ^^ ^RT. 1779. (3) That any officer, agent or employee of any railroad company violating the provisions of this ordinance shall be liable for each offence to a fine of not more than twenty-five ($25) dollars, recoverable be- fore the Recorder in whose jurisdiction the offence may be committed, or in default of payment thereof to impris- onment in the parish prison for not more than thirty (30) days. Penalty. Art. 1780. (4) That any person or persons violating the provisions of this ordinance shall be liable for each offence to a fine of not more than twenty-five ($25) dol- lars, recoverable before the Recorder in whose jurisdic- tion the offence may be committed, or in default of pay- ment thereof to imprisonment in the parish prison for not more than thirty (30) days. Art. 1781. (5) That all ordinances or parts or of- dinances in conflict with or militating against this or- dinance be and the same are hereby repealed. Blowing Whistles — See Offences. Stopping at Crossings — See Offences and Gates. Electric signal. Art. 1782. That permissiou be and is hereby given ^ojd. No. 7034^ ^^ the Illinois Central Railroad Company, and Yazoo Dec. 20, 1S92. ^ Mississippi Valley Railroad Company to erect elec- tric systems of warning signals at the crossings of Car- rollton and Washington avenues, on each of the above- named roads, in lieu of gates, with the understanding that the said companies will place flagmen at the said crossings during the daytime, until such time as the said electric system shall be completed and in oper- ation. Art. 1783. That the said electric system shall be erected within sixty days from the date of the promul- gation of this ordinance. RAILROADS. 701 Art. 1784. That the said railroad companies shall be Penalty. ^^ subject to a fine of twenty-five ($25) dollars or thirty days' imprisonment, recoverable before any court of competent jurisdiction for each and every violation of this ordinance. STREET RAILROADS. Art. 1785. That the several street railroad»companies To run cars in this city be and are hereby authorized to run their Dec.iSys. street cars at no greater intervals than every half hour " '^'^'^ ' apart from 12 p. M. to 5 A. M., and that they are also au- thorized to charge during the hours above-mentioned Fare. increased fare, not exceeding the rate of 25 cents per passenger. Art. 1786. That it shall not be lawful for the several Speed at canai railroad companies of this city running their cars to and lags. froui Canal street, propelled by horse or mule power, to a^.'s'.Ut^*. permit said cars to be moved at a greater rate of speed than a walk at all crossings on Canal street, between the levee and Rampart street, under penalty of a fine not greater than ten dollars for every such contravention, recoverable before any court of "competent jurisdiction upon the proof thereof. ,Art. 1787. That permission be and the same is here- sheds for by granted to the New Orleans city railroad companies juiy.,'iS66. of the city to erect shelters for the starters of cars, and for the turn-table men employed by said companies at any and all places where said starters and turn-table men are or may be stationed ; provided, said shelters be built according to plans and specifications to be fur- nished by the City Surveyor. Art. 1788. That the city railroad companies shsill, Beiis. from and after the passage of this resolution, cause to ;^"d!s65^!' be placed at the heads or necks of the teams a number of bells sufficient to attract attention of the public, and thereby warning them of the approach of such teams and cars and of impending danger. Art. 1789. That from and after the adoption of this certain per- ordinance it shall not be lawful for any person afflicted i^°om the carl!'' by any contagious or infectious disease, or for any per- A.^s/sscsf 702 RAILROADS. son who is intoxicated, to enter any car within the limits of the city of New Orleans. Car tracks not Art. 1790. That it shall not be lawful for any person ed. to place any obstruction on the track of any railroad located, or running in or through the city of New Or- leans, or unnecessarily to interfere with, or obstruct the free passage of any car, or to endanger the safety of any car, or any person in any car, running in or through the said city of New Orleans. Exception in Art. 1791. It is uudcrstood, however, that the pro- Department, visions of this section shall not, in any way, conflict with the privileges and right of way granted to fire engines, hook and ladder trucks, wagons carrying Bab- cock fire extinguishers, and other vehicles belonging to the fire department. I, w"i'^^ P'"" Art. 1792. That it shall be unlawful for the parents hibited from ^ hanging on the or guardiaus of any minor child to allow such child to outside of cars. ° '' ^ hang or swing on the outside of any car of any railroad within the limits of the city of New Orleans, while the same is in use or motion upon said roads. Railroad com- ^jjrj, 5^793 rpj^^ -^ | hcrcbv made the duty of the panics and " •' forc"th? o" companies owning the aforesaid railroads, their em- dinance. ployccs, and the police of the city of New Orleans, to secure the enforcement of the provisions of this ordi- nance. Penalties, Art. 1794. That any person who shall be found guilty of a violation of any of the provisions of sections 1 and 2 of this ordinance, before any of the police courts of this city, shall be fined not less than $5 nor more than $25, and in default of payment imprisoned not more than five days nor less than one day ; and that in any case of any violation of the provisions of the third sec- tion the minor child so offending shall be arrested, and upon conviction sentenced to imprisonment for not less than twelve nor more than twenty-four hours, in default of payment by the parent or guardian of said minor of a fine not more than $5 nor less than $2 for each offence. Right to use Art. 1795. That permission, revocable at the pleasure fng ca"sf'°^*' of the Council, is hereby granted to any city railroad Ars.''i^4'^' company to use the apparatus for propelling street cars RAILROADS. 703 of the AmirioTiia and Thermo-specific Propelling Com- pany; provided, that the city shall not be held respon- sible for any damage that may be occasioned thereby. Art. 1796. (1) That after the passage of this ordi- crossing steam 1111 1 ni 1 • -, o tracks in front natice it shall be nnlawful and a misdemeanor for any of any engine driver in charge of a horse- car, with or withont passen- of^^x\o. s6i, gers aboard, to attempt to cross a steam car track in Jan. 20, 18S4. front of any steam engine, with or without cars attached, the approach of which has been and continues to be flagged to him. Art. 1797. (2) That any driver in charge of a horse car Penalty, who violates section 1 of this ordinance shall, upon con- viction before the Recorder having jurisdiction, be fined not less than twenty-five dollars, and in default of pay- ment not less than thirty days at the discretion of the court. Art. 1798. (1) That if any driver of any of the cars belonging to any of the railroads in the State of Louis- ^ct of Tegisia- lana shall, by his imprudence, negligence, or want of *"''^* skill, cause any injury to any person, whether a passen- ger on said car or not, he shall be deemed guilty of a felony, and on conviction thereof, shall suffer a fine not exceeding five hundred dollars and imprisonment not exceeding one year, at the discretion of the court. Art. 1799. (1) That the different railroads throughout Removal of the city shall be required, upon being notified by the strinarers. Commissioner of Public Works, to cause to be removed, c. s. ' within forty-eight hours from the service of notice, all *= • > ■ 4- timbers or stringers of any description used in the con- struction of railroads and which may be declared by the said Commissioner of Public Works to be obstructions to a free and uninterrupted drainage ; and that said timbers, stringers, etc., shall, in every case, be replaced by iron bars or plates, or by any material suitable for the purpose, under the direction of the Commissioner of Public Works and City Surveyor. Art. 1800. (2) That upon failure or neglect of any Penalty, company to remove obstructions of the kind herein specified in section 1 hereof, and within the time speci- fied, it is herewith made the duty of the Commissioner 704 RAILROADS. of Public Works to have the same removed as soon as practicable thereafter at the risk and expense of the company. Under whose Art. 1801. (3) That in the construction or repairing supervision. ^ ' r o lb. of all bridges or culverts over which railroad tracks are laid, the work shall be performed and carried on to completion under the direction of the Commissioner of Public Works, and in accordance with specifications to be prepared by the City Surveyor and kept on file in his office. Repealing Art. 1802. (4) That this ordinance shall take effect clause. ^ ' lb- from and after its passage, and that all laws or parts of laws in conflict herewith be and the same are hereby re- pealed. Open cars. Art. 1803. That it shall be unlawful for any cor- c.'s.*''"'^^''poration or person to run open cars on any street in the Sept 17, 1 95. ^^^^ ^j New Orleans, where there are double tracks without providing a rope or rod on the side of the car toward the other track to prevent passengers from alighting or boarding the car on said side. Duty of mo- Art. 1804. That it shall be the duty of all motormen proac'hingwTst whcu approacMug West End trains discharging passen- irams. ^^ ^^^^ ^^ Caual strect, between Baronne and Carondelet streets, to bring his car to a full stop until the passen- gers from the West End train shall have alighted. Penalty. Art. 1805. That any corporation or motorman vio- ^^ lating any of the provisions of this ordinance shall be fined a sum not exceeding twenty-five dollars or be im- prisoned in the parish prison for a term not exceeding thirty days, or both, at the discretion of the Recorder in whose jurisdiction the offence is committed. Flat wheels. That all strcct car lines or railroads using horse, mule ^c.'l!°"'^^^'or electric power, be and are hereby prohibited from Sept. 24, 1895. ^^^-^^^ flat wheels upon their cars. Penalty. ^RT. 1806. That all persons, corporations or other ^''•parties violating this ordinance be subject to a fine of twenty-five dollars for each offence or in default thirty days imprisonment, recoverable, before any court having jurisdiction. RAILROADS. 705 Art. 1807. That all laws or parts of laws and ordinances r e p e a i i ng in conflict with this ordinance be and are hereby repealed. *='^"®^- j,. Art. 1808. That from and after the promulgation of „ , ^ ^ Cars to come this ordinance it shall be unlaw^ful for the driver of anv^° *.*"" .^*°p - crossing steam street car to drive over the tracks of any intersecting 'o'/^'^No'^^er steam railroad without having previously brought his c.^s^.^ ^ car to a full stop and satisfied himself there can be no danger in making the crossing. Art. 1809. That any driver or other person in charge Penalty, of a street car violating the provisions of this ordinance shall, upon conviction before the Recorder within whose jurisdiction the offence has been committed, be fined not exceeding twenty-five dollars, and in default of payment of fine be imprisoned not more than thirty days. Art. 1810. That Ordinance No. 4164, C. S., requiring Not to apply all street cars to come to a full stop before crossing a with gates, steam railroad track, be and is hereby amended soasc. s.' not to apply to steam crossings provided with gates ^'■*^' erected under proper city ordinances. Art. 1811. That all street railroads in the city of New construction Orleans shall be required to provide a continuous cross- hufs. ing where their tracks cross other street railroad tracks c. s. " or steam railroad tracks, the style of crossings to be " ^ * ' ' either continuous cast iron or built section crossings of such design as will be approved by the City Engineer. Art. 1812. That the Commissioner of Public Works putyofCom- shall, immediately on the promulgation of this ordi- Hc^wo"ks. nance, notify each railroad company of the provisions of this ordinance, and any railroad company refusing to comply with the provisions of this ordinance within forty days from receipt of said notice from the Commis- sioner of Public Works shall be fined not less than twenty-five dollars, and will be subject to an additional Penalty, fine of five dollars per day for each and every day thereafter the provisions of this ordinance are not com- plied with, said fines to be collected by any court of competent jurisdiction. Art. 1813. That such street railroads as are contem- Exempting plating the rebuilding of their whole roadway for the buiit until such „ . , , . . . . . , roads rebuild. purpose of operating same bv electricity withm eighteen ib. 706 RAILROADS. months from the passage of this ordinance will not be required to put these crossings in until such time as said road is rebuilt. Expense4obe Art. 1814, That at poiuts where crossings are re- ^orne in equa ^^^j.^^ |^y ^ strcct railroad crossing another street 'railroad, the expense of said crossing will be borne in equal parts by each of the two railroad companies. Where a street railroad crosses a steam railroad the expense of the crossing shall be borne one-quarter by the street railroad and three-quarters by the steam railroad, and the maintenance of the crossing in proper condition shall be the duty of the steam railroad com- pany. New roads to Art. 1815. That in the future any new road (not now pense." ' ^ iu cxistcnce) crossing any street or steam railroad, the ■ said new road shall bear the entire expense of laying same. Art. 1816. That the expense of maintenance shall be as herein provided for. Ventilators. Art. 1817. That it shall be unlawful for any street c. s.' °' '^^' railroad company to run any car on the streets of this e . 2, 1892. ^i^y unless the same are provided with ventilators in the top or roof thereof, affording a ventilation of at least four square feet ; and between the 1st day of Novem- ber and the 1st of April each of such cars will be re- quired to have sliding or swinging doors. Penalty. Art. 1818. That any president, superintendent or ■ starter of any street railroad company violating the pro- visions of this ordinance shall be punished by a fine not exceeding $25 for each offence, and in default of the payment thereof by imprisonment not exceeding thirty days. Take effect. That this Ordinance shall take effect sixtv days after lb. ., 1 , . -J its promulgation. Duty of Com- Art. 1819. That the Commissiouer of Public Works PuWiVwo'rk°s! is hereby charged with the duty of requiring all the ^c.'s!''''°'^''stTeet railroads to immediately place in good repair and June M, 189s condition all streets which have been disturbed by the railroads in their reconstruction work, etc., and to re- port the same to the Council. Penalty. RAILROADS. - 707 Art. 1820. That on and after the passage of this or- crossing— fuii dinance it shall be unlawful for any ear propelled by ord. No. 7480, horse or mule power to cross any track or tracks of a April 25, 1893. road propelled by electricity or tracks of a road pro- pelled by steam power, or for any car propelled by elec- tricity, to cross any track before coming to a full stop. Any infraction of this ordinance shall, upon conviction, be subject to a fine of not more than $25 or less than thirty days imprisonment ; one-half of the flue so col- lected shall be paid to the informer. EAST LOUISIANA RAILROAD COMPANY. Art. 1821. That the East Louisiana Railroad Com- Franchise, pany, its assigns and successors, for and in considera- c s. " tion of the premises and the foregoing contribution to the construction of said levee, be and they are hereby authorized and empowered to locate, construct, main- tain and operate certain railroads, by steam power, in the city of New Orleans, with all necessary tracks, switches, turnouts, bridges, sidings and structures of every kind, convenient, useful and pertaining to the said railroads, and to lay double tracks on the follow- ing lines, avenues, streets, etc., and to operate said railroads thereon, namely: Art. 1822. (1) From the intersection of the present Route- line of the New Orleans & Northeastern Railroad on People's avenue with Edinburg avenue, on, over and along said Edinburgh avenue to the intersection of the same with the Bayou St. John, with the right to lay its said railroad tracks along said Edinburgh avenue, or any • such other street parallel with Edinburgh avenue as the company may select. Art. 1823. (2) Across said Bayou St. John to con- nect wtth the present roadbed of the New Orleans, Spanish Fort & Lake Railroad Company 5 and provided, that it first obtain the consent thereto of the New Or- leans, Spanish Fort & Lake Railroad Company, either by lease or purchase of its franchise, tracks and road- beds, or by any other satisfactory arrangements which may be agreed upon between said parties and be ob- 708 • RAILROADS. tained upon said road from Bayou iSt. John along Ge- nois street and May street, and other such street as may be occupied by the embankment of the New Or- leans, Spanish Fort & Lake Railroad Company, to the west side of Orleans street to the intersection with Ber- nadotte street and Metairie Road by a suitable curve through the southeast corner of the western division of the City Park, thence along Bernadotte street to its in- tersection with Bienville and Conti streets, thence along Bienville and Conti streets to Basin street, thence to Canal street at its intersection with Basin street ; return- ing on Basin street to Bienville and Conti streets, thence in and along Bienville and Conti streets to Ber- nadotte street, thence in and along Bernadotte str eet to the west bank of the Orleans Canal, thence along Or- leans street on the west side of the canal to May street, near the Lake Shore, thence on May street to Genois street, or any other street as may be occupied by the present embankment of the New Orleans, Spanish Fort & Lake Railroad to Bayou St. John and across Bayou St. John and along Edinburgh avenue and on said levee to the intersection with Peoples avenue and the tracks of the New Orleans & Northeastern Railroad on said Peoples avenue, with right to make all necessary curves at all intersections of lines and streets. Art. 1824. Whereas, no franchise should be granted by the Council without due compensation to the city. Repealing ^^'^- 1825. That the grant to the East Louisiana Rail- ^or^d." No. 7241,^0^^1 by Ordinance No. 6139, along the Lake Shore be ^Feb. 28, 1S93. ^iid tbe same is hereby repealed. Renunciation of right of way on Conti street, Ord. Xo. 6182, C. S. ILLINOIS CENTRAL RAILROAD. (Formerly Chicago, St. Louis (& New Orleans Railroad, and Neiv Orleans, JacTcson & Great Northern Railroad.) Right of way. Art. 1826. (1) That the right of way applied for by .o.°s. ■ ^°' ^°^'the New Orleans, Jackson & Great Northern Railroad Mar., 1853. (j^jjjjpa^jy ^j^Q^ j-ljg Chicago, St. Louis & New Orleans Railroad Company), be and is hereby granted. RAILROADS. 709 Art. 1827. (1) That the city of New Orleans iiereby to construct "" o /-N -»,T ' 1 and extend rail- grants to the New Orleans, Jackson & Great NQrtheru road. Railroad Company the rights and privileges to ektend, and 1621", n. construct and maintain, and thereafter to manage and May, 1869. • 1 • T T 1 • Dec, 1869. use by runnmg thereon the engines and cars and Jrams of cars (subject to stipulations of section No. 2 (^f this ordinance), a single-track railroad with the ne-^essary turnouts to and from any points on the road outsr^ide of Claiborne street, through Euphrosine street to its^ inter- section with New Canal shell road, along the leutral Right of way ground on Triton walk, or Delord street to St. 'Joseph '^""^ street, the centre of St. Joseph street to Front street ; thence up Front street to Tchoupitoulas street j up Tchoupitoulas street to Water street ; thence up Water street to the upper line of the city ; also from the inter- section of St. Joseph and Front streets, down Front street to Girod street. Art. 1828. (2) That the engines of said road shall Motive power only be run on that portion of the track granted by this ordinance from its intersection with the main track of said road to the corner of St. Joseph and Baronne streets, and that from the corner of St. Joseph and Ba- ronne streets, through St. Joseph street to Front street, horses or mules only shall be used. From the intersection of St. Joseph and Front streets, so far as the right of way given by this ordinance extends on Front, Tchoupitou- las and Water streets, said company shall have the right of using locomotives. Art. 1829. (3) That in the construction of said line Not to obstruct of road and the track and the turnouts thereof, the said pa\rdra*inage New Orleans, Jackson & Great Northern Railroad Com- pany shall locate said road in such portions of the streets as to cause the least possible detriment to business on said streets, and shall not in any manner obstruct or impair the drainage of the streets along, upon or across which the said railroad is hereby located, and that the said company shall at all times and in every respect be bound and grldes*^^ ^ to conform with the lines and levels and grades to be established by the City Surveyor; and whenever the company shall find it necessary to cover the channel 710 1 RAILROADS. of an^ drain the sides thereof shall be first protected with ij^rick, stone or wood, in a good and substantial mannf^r and to the entire satisfaction of the City Sur- veyor, and said covered channel shall be kept open and deal, for the passage of water by said company. To pave and A.1^. 1830. (4) That the said railroad company shall Ln^^keep ufem be boiiud to pavc with material corresponding with in good order, g^ist^g pavcmcuts, Or such pavement as may hereafter be laid, the space between the rails of the track, and as muchVjn each side of the track, through the streets now paved, as may be necessary to put them in as good con- dition as they were before the pavement was taken uj by the railroad company ; and should the said company, after being duly notified by the Street Commissioner, refuse or neglect to keep the streets from curb to curb, • through which said road shall pass, in good order, repair and condition, it shall be the duty of the Street Com- Penaity, missioucr to causc the said repairs to be made at the expense of said railroad company ; and to immediately report the same and the cost thereof to the Common Coujicil ; and in the event of a refusal of the said rail- road company to pay the city the amount of expenses ; thus incurred for making the said repairs, the said1 amount shall be recoverable before any court of compe- tent jurisdiction. Art. 1831. (5) That the said railroad shall have thi To construct ^ ' , depots. right to construct and thereafter use and maintain, fol the safe and convenient transaction of its business, suci depots as it may deem necessary; provided, that saic depots be located on property to be first legally acquirec by the said company; and provided, also, that the sai< depots be constructed in the most substantial and work- manlike manner, with brick, stone or iron, and covere( with slate, or metal, and be designed and completed such a manner as to make them in every respect first class depot buildings. Speed. Art. 1832. (6) That the trains on said road shall nc move at a rate of speed greater than five miles an houi Art. 1833. (7) That the tracks allowed in this ordi nance shall be so laid, constructed and ^maintained RAILROADS. 711 in the least manner to obstruct the free passage of Noyo^ob.truct vehicles. ^^'^•^'^ Art. 1834. (8) That the said railroad company shall be subjected to all rules and regulations already in ex- istence or which may hereafter be enacted by the Coni-i^^^«?^*^^"S"- mon Council. Art. 1835. (9) That should the said New Orleans, Jackson & Great Northern Railroad Company fail to maintain and have a regular communication and means of traffic on said line of road, then the rights and privi- leges which are hereby granted to said company shall be f^"'^^«'t"''«=- forfeited and revert to the city of New Orleans; and provided, further, that nothing contained in the above resolutions, or in the grant of rights and privileges to said company, is intended or shall be construed as bind- ing the city of New Orleans, or making her liable in any way or responsible to the said New Orleans, Jackson & Great Northern Railroad Company, or its assigns, for any loss, damage or injury which might arise to them, or either of them, should the said company or its assigns be in any manner or way interfered with or deprived of any or all of said rights or privileges by any means or for any cause, or on any ground whatsoever, other than the act or doing of the legally constituted authorities of the city of New Orleans. Art. 1836. (1) That permission be and is hereby To connect granted to the New Orleans, Jackson & Great North- Louis'iafi''a"& ern Railroad Company to connect their track at the in- o^d^ no.T6^| tersection of 8t. Joseph and Delta streets with Morgan's juAe, 1S72. Louisiana and Texas Railroad on Delta street ; thence branching so as to make a close connection with the tracks of Morgan's Louisiana and Texas Railroad on both sides of Delta street. The whole to be done in conformity with plans and specifications to be prepared by the City Surveyor and approved by the Administrator of Im- vocatf'on. provements; provided, that the said New Orleans, Jack- son & Great Northern Railroad Company shall put and keep in good order that portion of Delta street through which said track is to be built; provided, further, that this permission is revocable at the pleasure of the City Council. 712 RAILROADS. brlnchTack!"* -^^^- ^^^^ • (1) ^hat permissioii be and is hereby ^og. No. 1608, granted to J. J. McComb to construct a narrow-gauge June, 1872. railway three feet wide, on the outer edge of the side- walks, from New Levee street down Delord and South Market streets, crossing Fulton street to Front street, stopping at the track of the New Orleans, Jackson & Great Northern Railroad ; also two switch tracks on Ful- ton street, leading into the Fulton warehouse. The whole to be laid in accordance with plans and specifica- tions to be prepared by the City Surveyor and approved by the Administrator of Improvements . votatS"* *° '"' ^^T. 1838. (2) That this permission is revocable at the will of the City Council, track. *^ ^' ^ Art. 1839. (1) That permission be and is hereby c. s.' °"^'°^' grated to the New Orleans, Jackson & Great Northern ep ., I 77- Railroad Company to lay a side-track on the banquette on the north side of its property on Front street for the distance of three blocks ; provided, that said track shall be laid so as not to interfere with the commerce and business of the community ; provided further, that said track shall be laid according to plans and specifications to be furnished by the City Surveyor, and to the satis- faction of the Administrator of Commerce and Improve- ments, and said company shall keep the streets, side- walks and crossings in repair as long as said track shall remain. Subject to re- The rcsolutiou is revocable at the pleasure of the vocation. ^ .. Council. To conneet Art. 1840. That thc Mayor bc aud is hereby author- with Gas Com- -^ . '' pany's wharf, [zed to enter into a contract with the New Orleans, Jack- Ord. No. 1626, A. s. son & Great Northern Railroad Company, authorizing said company to connect their track on Front street with the New Orleans Gaslight Company's coal wharf ; also, to build a railroad on Magnolia street, from Euphrosine street to the New Orleans Gas Company's works, on the following terms and conditions : KeepMagno ^rt 1841. (1) The Ncw Orlcaus, Jackson & Great ha iron bridge ^ ' ' in good order. Northcm Railroad Company will raise or cause to be raised one foot above its present grade the Magnolia RAILROADS. 713 Iron Bridge, repair it and place it in proper working order. Art. 1842. (2) That the New Orleans, Jackson & xofiUupap- Great Northern Railroad Company will fill up with river Magnolia sand the approaches of the Magnolia bridge on Julia, Delord and Magnolia streets, in order to meet the in- tended rise and reduce the slopes and also replace the broken stone paving over their surface. Art. 1843. (3) They will raise the culverts over the to raise cui- street gutters and replace their tops to suit the new grades. Art. 1844. (4) They will lay a double track railroad Toiaydoubu on the bridge extending on the southwest bank of the "'»<=•' °" bridge canal as far as the line of Delord street, and on the northwest bank as far as Cypress street, where it will meet the single track leading to the gas company's works. Art. 1845. (5) They will keep always in good order ^o keep in the street and canal bridges and paving of the streets f^^^g^^'^^n J over which they travel under a penalty of a fine of ten*^*"*^''"''^^*' dollars for each and every contravention with the pres- ent ordinances, and to have the work done at their ex- penaity. pense by the city. The repairs necessary to keep the bridge always in good order and condition being at the cost of the company. Art. 1846. (6) The road shall be considered as a Trunk road, trunk road to be used by all parties under authority of the Common Council ; provided, they pay their propor- tion toward the cost of building said road. Art. 1847. (7) In consideration of the above the Brid^ekeepers. Common Council agrees to continue to pay the bridge- keeper; provided, the appointment of said keeper is subject to the approval of the Common Council. Art. 1848. (8) The New Orleans, Jackson & Great Rights of city Northern Kailroad Company shall not in any manner at°ed'.° alienate any right or rights the city of New Orleans may possess as a stockholder or corporation in said ex- tension of road. Art. 1849. (9) That in case any litigation shall arise Cit5r not re- from said grant the city of New Orleans shall be held '^°"'''''^' harmless. 714 RAILROADS. ^Jjg^^ttorun ^R,f 1850. (1) That the New Orleans, Jackson & ^Ord.No. tosi.Qreat Northern Railroad Company be and are hereby Aug., 1871. permitted to run their trains over their track on St. Joseph street and from their present depot and to the river by steam, under the following restrictions, to-wit: (1) That the engine used shall be a smokeless dummy, and shall always be kept in front of the train while in Speed. motion ; that a watchman with a red lantern or signal flag shall be placed at each street crossing while the train is in motion, and similar lights shall be attached to its side of the train when run during the night, that there shall be no blowing of whistles or ringing of bells, and the train shall not move at a greater speed than four miles an hour. ^^sugcttore- ^jj^. 1851. (2) That this permission shall be subject to revocation at the pleasure of the Council. sp?nSbfm '^' Art. 1852. (3) That all damages to life and property, resulting from the running of trains as herein provided shall be at the risk and responsibility of said railroad company. Penalty. Art. 1853. (4) That for cach and cvcry coutravcution of this ordinance the said company shall be liable to a fine of one hundred dollars, recoverable before the First Recorder's Court of the First District. tJck."''^"^" Art. 1854. (1) That the Chicago, St. Louis & New a^^2^°A!s! C)i*leans Railroad Company be authorized to change their July, 1881. track on Belt Railroad from the middle of the street to the east side, the same to be done under the supervision of the City Surveyor and Administrator of Improve- ments. Tostraighten Art. 1855. (1) That the Chicago, St. Louis & New "^ord! No. 66s t, Orleans Railroad Company be and are hereby required Sept. i88o. to straighten their track on Delta street, from Notre Dame to St. Joseph street, by removing it from the centre of said Delta street to the river side of same, aci cording to lines and levels to be furnished by the Cit) Surveyor and subject to the approval of the Adminis-^ trator of Improvements, orf No.S Art. 1856. (1) That the city of New Orleans herebjj ''^Nov. 9, issa. grants to the Chicago, St. Louis & New Orleans Raill RAILROADS. Fuel. Drainage. road Company, and its successors, assigns and lessees, the right and privilege to maintain and use, and to oper- ate with steam or other motive power, the railroad as now laid and constructed, together with all necessary or convenient turnouts, switches, sidings and turntables to and from a point on its main track beyond Claiborne street, through Euphrosine street, across Rampart street, and along the neutral ground on Triton Walk or Delord street to St. Joseph street, thence up the centre of St. Joseph street to Front street, thence up Front street to its junction with Water street, and there to connect with the Belt Railroad ; the construction of any extension and turnouts to be according to lines and levels to be furnished by the City Surveyor. Art. 1857. (2) That the fuel used upon the engines for making steam shall be anthracite coal or fuel not making more smoke than such coal. Art. 1858. (3) That in the maintenance and opera- tion of the said lines of railroad, and of the tracks, switches, sidings'and turntables thereof , the said railroad company shall not in any manner obstruct or impair the drainage of the streets along, upon or across which they may be located ; and whenever the company shall find it necessary to cover the channel of any drain the sides thereof shall be first protected with. brick, stone or wood, in a good and substantial manner, and to the entire satisfaction of the City Surveyor, and said covered chan- nel shall be kept open and clear for the passage of water by said company. Art. 1859. (4) That the said railroad company shall ^ '' f V Pa V i n g re- be bound to pave with material corresponding with ex- quired. isting pavements, or such pavements as may hereafter be laid, the space within the rails of the track, and as much on each side of the track, through the streets now paved, as may be necessary to put them in as good con- dition as they were before the pavement was taken up by the railroad company ; and should the said company, after being duly notified by the Street Commissioner, refuse or neglect so to keep the streets through which said road shall pass in good order it shall be the duty Drains open. kept 716 RAILROADS. of the Street Commissioner to cause the said repairs to be made at the expense of said railroad company. Depots. ^jjrp 1850, (5) That the said railroad company shall have the right to construct, and thereafter use and main- tain, for the safe and convenient transaction of its busi- ness, such depots as it may deem necessary ; provided, that said depots be located on property to be first legally acquired by the said company. Motive power. Art. 1861. (6) That the said Chicago, St. Louis & New Orleans Railroad Company may use and operate the aforesaid lines of railroad within the city of New Orleans, with steam or other motive power appropriate or usual in railroad transportation, but shall not run their trains at a greater speed than six miles per hour. Construction, Art. 1862. (7) That in the construction, under this ordinance, of any extension of track, or any turnouts or switches the construction shall be so made as in the least manner to obstruct the free passage of vehicles. Regulations, ^rt 1863. (8) That the said railroad company shall be subjected to all general rules and regulations already in existence, or which may hereafter be enacted by the Common Council. Forfeiture. Art. 1864. (9) That should the said railroad com- pany fail to maintain and have a regular communication and means of traffic on said lines of road, then the rights and privileges, which are hereby granted to said com- pany> shall be forfeited, and revert to the city of New Orleans. City not re- Art. 1865. (10) That nothing contained in the above sponsible. ^ ' resolutions or in the grant of rights and privileges to said company is intended or shall be construed as binding the city of New Orleans, or making her liable in any way, or responsible to the said railroad company, or its assigns, for any loss, damage or injury which might arise to them or either of them, should the said com- pany or its assigns be in any manner or way interfered with or deprived of any or all of said rights or privileges, by any means or for any cause, or on any ground what- soever other than the act or doing of the legally con- stituted authorities of the city of New Orleans. RAILROADS. 717 Art. 1866. That the city of New Orleans hereby Transfer of recognizes the rights heretofore granted to the New Or- cog"nized. leans, Jackson & Great Northern, and the Chicago, c. s.' °'^'^^' St. Louis & New Orleans Railroad Companies, as the "§^-4. '»9'- rights of the Illinois Central Railroad Company, and that the city of New Orleans hereby grants to the said Illinois Central Railroad Company, its successors and assigns, the right to construct, maintain and use a pas- senger depot on the property now owned by said rail- road company, in the squares bounded by Rampart, Passenger de- Calliope, Liberty and Delord streets; the main building ^*'' to front on Rampart street, between Euphrosine and Delord streets ; the structure for protecting passengers entering and leaving trains to extend from said main building to Liberty street. Art. 1867. That the city of New Orleans hereby structures for grants to the Illinois Central Railroad Company, its sue- ^'°'^'' '""' ib. eessors and assigns, the right to extend the structures for protecting cars and the passengers entering and leaving trains across Franklin street, said structures to be at least eighteen (18) feet high from the grade of the street, support for same to be placed at curb lines and to leave an opening of thirty (30) feet on the swamp side of Franklin street for the passage of pedestrians and vehicles ; the said railroad company to erect gates on Franklin street at each side of the tracks, which may be closed while trains are being switched across or standing on Franklin street to receive or discharge pas- sengers, mail, baggage or express, and at all other times said gates to be open to permit the passage of pedestrians and vehicles. Art. 1868. That the city of New Orleans hereby second track grants to the Illinois Central Railroad Company, its phrosine street, successors and assigns, the right to construct, maintain and use a second track through Euphrosine street, from a point about one hundred and fifty (150) feet west of the centre line of Claiborne street to a point of inter- section with the present track on the neutral ground of Delord street, in the vicinity of Dryades street, with such turnouts, switches, extensions, sidings, cross-overs 718 RAILROADS. and connections as are shown upon plan annexed hereto, dated New Orleans, La., July twenty-eighth (28th), 1891, and made part of this ordinance. The lines and levels of all such turnouts, switches, sidings, etc., shall be given by the City Surveyor. Consideration. ^jjrp 1869. That the Hghts, privileges, franchises and o^'"no.*623i^ powers granted in this ordinance shall be and continue in c- s. force during the corporate life of the Illinois Central Rail- road Company ; provided, the Illinois Central Railroad shall, at their own expense, pave with Belgian granite blocks the entire width of Franklin street from Euphrosine to Delord street, except twelve feet on either side for ban- quette purposes, which shall be laid with Schillinger pavement ; pave with granite square blocks or Belgian blocks with concrete foundation all that portion of Ram- part street from curb to curb, fronting their depot, and fronting the paved portion of Delord street and fronting Euphrosine street ; pave Euphrosine street flush with their tracks from curb to curb, between Rampart and , Claiborne streets, with Brookhaven concrete gravel. Relay the existing cobble stone paving on Delord street, between Rampart and Liberty streets ; and at all times keep the said paving and planking herein specified in condition satisfactory to the Commissioner of Public Works. sire^rlK*""" ^i^T. 1870. That said company shall not be permitted ^^' to use said depot or tracks presently granted for any purpose whatsoever, except construction, until the pav- ing required by this ordinance is laid as herein pro- vided, this paving being made an essential condition of the grants herein made, and without which they would not have been granted ; and Penalty. Art. 1871. That cars shall not be parked or allowed to remain standing on the streets herein under a penalty of not less than ten or more than twenty-five dollars fine ; or in default of payment to imprisonment for not less than ten nor more than thirty days, at the discretion of the Recorder, for each and every such offence. Art. 1872. That that portion of Ordinance No. 5485, C. S., referring to a Schillinger sidewalk from Euphro- RAILROADS. 719 siue street to Delord street, on Franklin street across Paving eu- the tracks of tbe Illinois Central Railroad Company, be Ord. No. 7964', amended so as to allow the placing of a plank sidewalk Aug. 2*, 1893. in lieu of the Schillinger walk across said tracks, and that portion of Ordinance No. 6231, C. S., be amended so as to permit the Illinois Central Railroad Company to move its track on Euphrosine street, between Rampart and Liberty streets, to the south side of Euphrosine street, and pave with Belgian blocks, instead of Brook- haven gravel, from Rampart street to Franklin street, the full width of Euphrosine street, from the property line on the north side of said street to the track of the Illinois Central Railroad Company after being moved as aforesaid. All of said work to be done according to lines and levels to be furnished by the City Engineer. Art. 1873. That in accordance with advice of the , Directed to do certain work City Surveyor, the Illinois Central Railroad Company ^o^^. No. 4397, be and they are hereby authorized and directed to do the ^^^- "• '^' following work in lieu of that directed by the Council by resolution of December 12, 1889 : 1. Clean out and revet Claiborne Canal from where the contractor stopped work, near the water tank to upper end of Calliope street, from this point to head of canal at New Basin, dig a six foot ditch. 2. Open a ditch between Calliope and Euphrosine streets on south side of canal for drainage of Euphro- sine street. 3. Open and clean out ditch on north side of Calliope street, between Claiborne and Willow streets. Art. 1874. That the City Surveyor is hereby directed city Surveyor, to furnish lines and levels for single track in each case from the main tracks on Euphrosine and Calliope streets to property of company known as ''government yard," as per tracing in the Surveyor's office; provided, that where such tracks cross the Claiborne canal the com- pany shall revet same under such crossing, all in accord- ance with lines and levels of the City Surveyor and under his instructions and supervision. 720 RAILROADS. LOUISVILLE AND NASHVILLE RAILROAD. (Formerly New Orleans, Mobile & Chattanooga Rail- road.) thr^l^ghs/relu. Art. 1875. (1) That the New Orleans, Mobile & Chat- ^0|d. No. 773, tanooga Railroad Company is hereby authorized and Nov., 1867. empowered to locate, construct and maintain, and there- after to manage and use, by running thereon its engines and cars, and trains of cars, a railroad with two tracks and the necessary turnouts to and from their depots, along and upon the central portion of the neutral ground in the centre of Claiborne street from the northeasterly side of Canal street to the line of Poydras street, thence by a curved line to Lafayette street, thence along and upon Lafayette street to Locust street, thence, across the intervening streets and grounds lying between Lafayette street, Perilliat and Girod streets to Rampart street. And the said company is hereby authorized and empow- ered to construct, maintain, manage and use by running thereon its freight cars, drawn by the power of horses or mules, a railroad with one track upon and along Girod street from Liberty street to the Mississippi river, with necessary turnouts to and from a freight depot located on any grounds near the levee which the said company may acquire for the purpose; provided, however, that in the construction of such railroad on Girod street, and the turnouts thereof, only such iron rails shall be used as shall least impede the traffic of the streets, and such as shall be approved by the City Surveyor, ^f'r'lifht d""^ Art. 1876. (2) That the said New Orleans, Mobile pots. ^ Chattanooga Railroad Company is hereby authorized and empowered to locate, construct, and thereafter to maintain and use, for the safe and convenient transac- tion of its business, a passenger depot and a freight depot, as it may deem necessary for its purpose, upon the three blocks bounded by Girod street. Liberty street, Lafayette street and Rampart street ; and to close and occupy for such purpose that portion of Franklin street and that portion of Basin street lying between Girod street and Lafayette street; and the said company is RAILROADS. 721 hereby further authorized and empowered to enclose for its business and purposes the three blocks of ground bounded by Perilliat street, Locust street, Lafayette street and Liberty street ; and to close and occupy for its business and purposes that portion of Howard street lying between Perilliat street and Lafayette street, and that portion of Perilliat street lying between Liberty street and Locust street. Art. 1877. (3) That the said New Orleans, Mobile & to construct bridge. Chattanooga Railroad Company is hereby authorized and empowered in locating, constructing and using their railroad eastward from Claiborne street, to construct across and cross all streams, bayous and water channels within the corporate limits of the city of New Orleans, with close or continuous bridges. And the said com- pany shall not be required to erect and maintain draw- bridges at any points except* across Carondelet Canal, as provided in Ordinance No. 472, New Series. Art. 1878. (4) That the city of New Orleans will, opening of for the furtherance and promotion of the interests of said company, and to aid in the accomplishment of its purposes and objects, as well as for the advancement of the interests of the city at large, cause to be opened for the public use an extension of Claiborne street from St. Bernard avenue to Fayette avenue ; such extension to be in a direct line with and of the same width as that portion of Claiborne street between St. Bernard avenue and Canal street and the neutral ground in the centre of said extension, to be laid out and planted with trees in the same manner as the neutral ground now in that por- tion of Claiborne street before referred to ; and the right of way for two tracks is hereby granted to said company along and upon the central portion of said neutral ground in such extension, such right of way being upon the same line as heretofore granted to said company by the city. Art. 1879. (5) That the said company shall, before xine to private constructing said lines of railroad and said depots, ac- P'^^P^'^^y- quire the title to all private property to be occupied and used therefor, by purchase, or in such other manner as 722 RAILROADS. shall be in accordance with the laws of the State of Louisiana. streets not to Art. 1880. (6) That the said company shall, immedi- e impaire , ^^-^jy after the construction of the tracks of its railroad and turnouts across any street, restore such street in such manner so that its usefulness shall not be impaired nor the passage of traffic thereon be unnecessarily im- peded. Trees not to Art. 1881. (7) That the trees now standing upon the e injure . neutral ground on Claiborne street shall not be removed or injured by said company in the construction of its tracks and depots, excepting where they have to be re- moved for the turnouts to and from the depots. Drainage of Art. 1882. (8) That in the construction of the said lines of railroad, and the tracks and turnouts thereof , the said company shall not, in any manner, obstruct or impair the drainage of the streets along, upon and across which the said railroad is hereby located, and that the said company shall, at all times arid in every respect, be bound to conform with the levels and grades to be established by the City Surveyor of New Orleans ; and whenever the company shall find it necessary to cover the channel of any drain, the sides thereof shall be first protected with brick or wood in a good and sub- stantial manner ; and such covered channels shall be kept in repair, open and clear for the passage of water, by said company. coiistruction -^.RT. 1883. (9) That all of said depots shall be con- of depots. structed in the most substantial and best workmanlike manner, with walls of brick, and roofs covered with slate or metal, and they shall be designed and completed in such a manner as to make them, in every respect, first- class depot buildings. Trains and Art. 1884. (10) That the said company shall not, at Z'^''*" any time, suffer or permit its engines, cars, or trains of cars, to remain standing upon any street or crossing upon its said lines of road, or to obstruct crossings in any manner whatsoever, except so far as may be done by said trains in motion. The regulations of the com- pany shall require that the bells of all trains in motion RAILROADS. 723- Bells whistles. be sounded, and that no train shall move at a greater rate of speed than five (5) miles per honr while south of Elysian Fields street. Art. 1885. (11) That the said New Orleans, Mobile Transfer of & Chattanooga Railroad Company is authorized and vUegLr" ''" empowered to assign the rights and privileges herein granted to it to a company to be organized in its inter- est, under the laws of Louisiana, for the purpose of con- structing that portion of its road lying within the State of Louisiana, if such an assignment shall be found necessary and expedient to enable the company to con- struct its line of road and to complete the purposes of its corporation. Art. 1886. (12) That if the said New Orleans, Mobile Forfeiture. & Chattanooga Railroad Company shall not complete the line of road for traffic between this city and the city of Mobile within the time designated in its charter (id est, prior to the 24th day of November, 1869), or that it should fail, from any fault of ils own, either for the want of means or any cause to maintain and have a regular communication and means of traffic between said cities, then the rights and privileges which are hereby granted to said company shall be forfeited and revert to the city of New Orleans. Art. 1887. (13) TJiat nothing contained in the above city not re- resolutions, or in the grant of rights and privileges to the ®p°"*' said company, is intended or shall be construed as bind- ing the city of New Orleans or making her in any way liable or responsible to the said "New Orleans, Mobile & Chattanooga Railroad Company," or its assigns, for any loss, damage or injury which might arise to them, or either of them, should the said company or its assigns be in any manner or way interfered with or deprived of any or all of said rights or privileges, by any means, or for any cause, or any ground whatever, other than the act of doing of the legally constituted authorities of the city of New Orleans. 1. That permission is hereby granted to the New Or- leans, Mobile & Chattanooga Railroad Company to 724 RAILROADS. ^cfrd.^No"ls,^^^^^ upon apart of the block bounded by Water, Cal- ■^'Aprii, 1870. ^iop®? Pili^ ^^^ St. Joseph streets, a one-story building, to be used for storing of locomotive engines ; such build- ing to be constructed of wood, with roof of slate or other fire-proof material ; provided, that the end wall of the building toward Calliope street shall be built of bricks. And further permission is hereby granted to the said company to erect upon a part of this block bounded by 8t. Joseph, Water, Pilie and Julia streets, a one-story building to be constructed of wood, with roof of slate or other fire-proof material ; such building to be used for storing and cleaning passenger cars. Revocation. ^j^^ ^888. (2) That the permission granted by the foregoing resolution shall continue during the pleasure of the government of the city of New Orleans for the time being, and the said company is hereby bound (and accepts the permission on this condition) to remove said building within sixty days after being notified to do so. Ferrv landing. Art. 1889. (1) That pcmiission is hereby granted to ^oni.No.,703,^j^^ New Orlcaus, Mobilc & Texas Railroad Company Aug., 1872. ^^ j^^^ ^|. ^j^^ £^^^ ^^ Canal street, free of charges, the steamer Frances or any ferryboat belonging to said company, connecting with their railroad depot on the west bank of the Mississippi, for the purpose of receiv- ing or landing passengers ; provided, that the company avails itself of this permission in such a manner as not to obstruct the business of the Vicksburg packets or other boats that pay regular wharfage dues ; and pro- vided further, that this permission is subject to revoca- tion at the pleasure of the Council. Branch track. Art. 1890. (1) That the New Orleans & Mobile A. s.* °* "^^ ' Railroad Company, trustees, receivers, its successors and assigns, be and they are hereby authorized and em- powered to locate and establish, and thereafter to main- tain and use a regular track with all its switches, turn- outs and sidetracks that may be necessary, according to lines and levels to be furnished by the City Surveyor, and to operate the same by steam or otherwise, for the transportation of merchandise and other freight, com- April, 1878. RAILROADS. 725 mencing at a point at or near the head of Esplanade street, thence along the levee front to a point at or near the head of Clouet street. Art. 1891. (2) That this right of way, franchises Term of grant, and privileges is granted for a term of twenty-five years, with the privilege of an additional extension of twenty- five years on the conditions following, to-wit : Art. 1892. (3) That the said New Orleans & Mobile condition of Railroad Company shall have the trafk in running order by the first day of October, 1878. Art. 1893. (4) That said company shall provide suit- crossings, able crossings, where required, for the passage of drays and vehicles, by planking to the full length of its cross- ties such portion of said tracks as are within the limits of Esplanade and Clouet streets, except at the intersection of streets that are paved with block stone, which shall be paved between the tracks and three feet outside of the tracks. Art. 1894. (5) That said grantees are to replace, streets and in good order and condition, so much of the streets or levee as may have been disturbed or torn up by the construction of said railroad, and when the same passes through paved, or streets which may hereafter be paved, the said company shall keep, in like orderand condition, a space of five and one-half feet each side of the centre line of said road. All work shall be executed under the direction of the City Surveyor, and completed to the satisfaction of the Administrator of Improvements. Art. 1895. (6) That nothing in this ordinance con- No compro- tained or in the act of granting or accepting it shall be construed to compromise, settle, or in any manner de- termine or affect the various questions now in contro- versy or suit between the city of New Orleans and the said railroad company, and neither party, so far as those questions are concerned, shall be benefited or prejudiced thereby. Art. 1896. (2) That the New Orleans, Mobile & Right of way. Ord. No. 7009, Texas Railroad Company, as reorganized, their assigns a. s and successors, be and they are hereby authorized to construct, maintain and use in the same manner as they 726 RAILROADS. are now authorized to construct, maintain and use other portions of their road, the tracks shown upon the map at and between Poydras and Bienville streets, and the requisite right of way therefor along and across streets is hereby granted and confirmed to the said New Or- leans, Mobile & Texas Railroad Cornpany, as reorgan- ized, its assigns and successors. When the new tracks are constructed that part of the old track now in use as indicated on said map. and be- tween said streets, Bienville and Poydras streets, shall be removed farther away from the bank of the river so as to enlarge the space on the levee. ^ Passenger de- Art. 1897. (3) That the use and occupancy of a cer- tain portion of ground, situated on the north side of Canal street, eighty feet wide on Canal street by two hundred and sixty-seven feet long, running in parallel lines toward Customhouse street, for a passen- ger depot to be constructed by said railroad com- pany, according to the plan submitted herewith, is granted to said New Orleans, Mobile & Texas Rail- •road Company, reorganized, its assigns and successors, for thirty years, with the privilege of renewal for a like term, the city will immediately have removed so much of the present structures on said ground as the railroad company may desire. And in consideration wherefor, said railroad company agrees and binds itself jto pave with square blocks of stone the space of ground between the north end of said depot and Customhouse street, and indicated in the plan heretofore referred to, exclu- To pave street, gjyg ^f ^}jg portiou already paved ; also paving a street to be laid off on the river side of said depot, thirty feet wide, extending from Canal to Customhouse streets; also the lower end of Canal street, opposite the south end of said depot, a space of ground 80 by 100 ; also to pay the city's proportion of price for paving the nortl^ side of Canal street, from the north curbstone of sais street to the neutral ground in said street, extending far up as Front street, being a space of about 300 f€ long by 40 feet wide, whenever the property holdel contiguous to the same shall apply for the pavement RAILROADS. 727 said latter space of ground and pay their share of the price for the same. Art. 1898. (5) That nothing in this ordinance con- ^O'^^'^^^^'^^"*^ tained or in the act granting or accepting it shall be con- strued as affecting any other grant by the city or State, not to compromise, settle, or in any manner determine or affect any question now in controversy between the o 7 nal at intersec- tions bctweCU Galvez and Liberty streets, by means of ^•°"^- •^ ' " Boys not al- actiye men (boys not allowed) the approach of every '"^^J- j^ j ^ ^ ^ train, said signal to be made at least one block ahead of »''^»^ °^ *'*»"• ^ Red lights at the train, and at night the train shall haye suitable red "^s^'- lights. . Art. 2014. (7) That all culyerts, bridges and pay- bridges'' ^ a n a ings herein required to be constructed and laid shall ''*'^*"^" ib. always be kept in good repair by the company. Art. 2015. (8) That all rights and priyileges granted Uponvvhat by this ordinance are upon the express condition that in privilege "is the transportation of freight oyer the New Orleans & ^"^^"'^ " Mississippi Valley Railroad there shall be no discrimi- „ ,. . ^ '■ ^ No discrim- nation in the rate of charges to or from New Orleans ; '"ation in rate. but it is not intended by this section to depriye the said Proviso, company of the right to charge the same rate per ton per mile on freight that may be charged on any other railroad running into the city of New Orleans ; and also obligations. on the express condition that all the obligations imposed by this ordinance on the said company shall be complied and vo?d." " with in good faith, and the failure or neglect to do so shall render all the grants, rights and priyileges con- ferred on said company null and yoid. Art. 2016. (9) That if anything in the aboye pro- injury to pri- ■• 111 u'-' , . vate property. yisions should result in injury to private property, or conflict with be in conflict with any rights or priyileges heretofore Tights^''^^"''^^^ granted by the city to any person or company, the said company, by its acceptance of this ordinance, binds ho?dTify^harm° itself to equably settle all such injuries, and to hold the '"^* city harmless from all damages or reclamations whatso- eyer arising from such conflict. Art. 2017. (10) That the said company shall not run speed per its trains at a greater speed than six (6) miles per hour^°"''' between their depot on Poydras street and the intersec- 772 RAILROADS. tion of Poydras and the New Canal at the point where the road crosses the said canal, and be subject to all the iHtToil? '^^^"' lawful police regulations and ordinances of the Council of New Orleans that have been heretofore or that may be hereafter enacted with reference to railroads in the city of New Orleans. prSS?" °^ ^RT. 2018. (11) That the rights and privileges herein granted shall continue during a period of fifty (50) years. bridge" '^*"^' Akt. 2019. (12) That the bridge spanning the New Canal for the use of the railroad company, shall be, at all times, under the charge of one or more bridge- ^j'J^I^^^P^'^' keepers, whose duty it shall be to open said bridge for the convenience of the free navigation of the canal; and opS? *° ^^^^ ^^ ^^'^^^ ^y ^^y o^ V night, that the bridge be kept for a longer time than is necessary to permit the passage of water-crafts J said bridgekeepers to be appointed and paid by the railroad company, and the whole to be gov- erned by the ordinances and police regulations of the city of New Orleans. Consideration, ^r^. 2020. (13) That for and in consideration of the o^d^st^^isl privileges herein granted by the city of New Orleans to ^- ^- the New Orleans & Mississippi Valley Railroad Com- pany, the said New Orleans & Mississippi Valley Rail- Paving, $25,. ^^^^ Company agrees to spend $25,000 in the best °°° quality of square block Quincy granite, paving Poydras between Howard and Magnolia streets, and other con- tiguous intersections, as ordered by the city ; the cobble- stones to be removed by the Mississippi Valley Railroad Company, and become the property of the city, to be delivered to the Commissioner of Public Works. Violation other Art. 2021. (14) That f or a violation of any part of Pe*n"afty?' ^' this Ordinance other than section 8 the company shall be liable to a fine of five hundred ($500) dollars ; and act. ^j^g g^^^ company, before exercising the privileges herein Conditions, granted or conferred, shall enter into a notarial act or agreement with the city of New Orleans accepting the terms and conditions of this ordinance. Art. 2022. (1) That section 13, Ordinance 584, Coun- cil Series, be amended and re-enacted so as to read as RAILROADS. 773 follows, to- wit : That for and in consideration of the Amending sec. i^ofOrd. No. privileges granted by Ordinance No. 584, Council Series, 584. c. s. by the city of New Orleans to the New Orleans & Mis- c. s. ' sissippi Valley Railroad Company, the Louisville, New Orleans & Texas Railway Company, which is the legal successor of the New Orleans & Mississippi Valley Rail- road Company, shall do the following paving in lieu of $25,000 worth of square block granite pavement, re- quiied by said Ordinance No. 584, to-wit: South Poy- dras street from Rampart to Liberty, thence North Poy- dras street from Liberty to Magnolia, and South Poydras from Liberty to Locust street, and Liberty street between North and South Poydras streets, with Barber asphalt paving, according to plans, levels and specifications to be furnished by the City Surveyor, and work to be done under the supervision of the Commissioner of Public Works. Art. 2023. (2) That the said railway company shall, h^fp^/y;^^" in the event that it lays said asphalt pavement in lieu of said square block pavement as aforesaid, binds and obligates itself to keep said asphalt pavement in good repair for a period of twenty years. Art. 2024. (3) That the said company then and in To be kept in that event shall lay and complete said pavement as afore- years^ said on or before the first day of November, 1885, pro- vided the weather between this date and said first of November be such as to allow work to be done upon said pavement during at least thirty-five days subsequent to when to be the first of September and prior to said first of Novem- *^*""'' ber ; or in the event that the weather shall interfere with the paving of said pavement, then an extension of time for the laying of said pavement shall be allowed beyond said first of November, sufficient to give a total of thirtj^'- five days after the first of September, during which work can be done upon said pavement, and said company shall lay and complete said pavement within said delay so to be computed. Art. 2025. (4) That the cobble-stones and existing Extension of paving, not including banquette curbing, which shall be ""^' re-set, revert to and are the property of the city, to be 774 RAILROADS. Cobble-stones, used Under the direction of the Commissioner of Public Works at such time and places as the Council may direct; the said company agreeing to remove said deliver sams. cobblc-stones to the City Workhouse, corner Lafayette and Magnolia, and deliver the same in the Workhouse yard. City not re- Art. 2026. (5) That nothing contained in this ordi- nance is intended to be construed as binding the city of New Orleans, or making her responsible to any person for any loss, damage or injury which might arise should the said company or its assigns be in any manner inter- fered with or deprived of any of the rights and privi- leges by this ordinance conferred from any cause what- soever, and in case there be any conflict or any injury to any rights or privileges heretofore granted by the city to any corporation or persons, the said company binds itself to hold the city harmless, and undertakes the ob- ligation to resist or arrange and settle all such claims at its own expense. Repealing ^rt^ 2027. (6) That all ordinances and parts of ordi- clause. ^ ^ ^ nances in conflict with or contrary to the provisions of this ordinance be and the same are hereby repealed and that this ordinance shall take effect from and after its passage. Gutters on ^rt 2028. (1) That said work is to be executed as Poydras street. ^ ' ^o d"N ^^'^' P^^' Pl^^^ ^^^ specifications on file in the office of the c- s. ' City Surveyor and approved by the Commissioner of Public Works, and work to be done under the super- vision of the Commissioner of Public Works. Gates at cer- Art. 2029. That the Louisville, New Orleans & Texas tain crossings. ord. N0.S047, Railway Company be and they are hereby directed and June 27, 1891. required to erect gates on North and South Poydras streets, at the intersection of Claiborne and Galvez streets, and keep flagmen night and day at all intersec- tions of streets from their depot at Poydras and Liberty streets to Galvez street, and to fence their tracks — ex- cept at said intersections — between the points designated, viz. : Depot to Galvez street, all in accordance with lines and specifications of the City Engineer, who is hereby charged with the proper carrying out of the provisions of this resolution. RAILROADS. ^ 775 NEW ORLEANS & SOUTHERN RAILROAD. (Formerly Mississippi, Terre-aux-Boeuf & Lake Railroad Company.) Art. 2030. (1) That the Mississippi, Terre-aux-Boeuf Right of way. & Lake Railroad Company and its assigns be and they a?s^' ^°^^7' are hereby authorized and empowered to locate, con- o^t.s.i&Sa. struct, maintain and operate a railroad, by steam or other motor power, with all necessary tracks and bridges, on Goodchildren street, from the line of the parish of St. Bernard to Elysian Fields street, in the Third District, and at the intersection of said Good- children and Elysian Fields streets to construct, main- switches turn- tain and operate all necessary switches, turnouts, sid-^^'J^®' hidings, ings and structures of every kind convenient, useful, necessary and appurtenant to said road ; provided, the same does not in any manner conflict or interfere with ^j^°* *° *=**"" any rights of a similar nature previously granted to other corporations or individuals through said streets. Art. 2031. (2) That the construction of said line of ^^s^upervis ^o n road, with all switches, etc., shall be made and com- ^'^y'"'- pleted, according to lines, levels and plans of the same to be furnished by the City Surveyor. Art. 2032. That the M., T. A. B. «& L. Railroad Com- ^o construct pany is and are hereby directed to comply with Ordinance "^ or^No. .^103, No. 946, and cause to be constructed at once the proper ^j^- ^^ ,ggg culverts under their tracks from Elysian Fields street to the lower limits of the city. The dimensions and loca- tion of culverts to be as directed by the City Surveyor. Art. 2033. That in the event of the said railroad company failing to signify their willingness to comply with this ordinance within twenty days of the promul- gation of same the Commissioner of Public Works is hereby directed to proceed and carry out the provisions of Ord. No. 946. NEW ORLEANS, FORT JACKSON & GRAND ISLE RAIL- ROAD COMPANY. Art. 2034. (1) That the New Orleans, Fort Jackson & Grand Isle Railroad Company and its assigns be 776 RAILROADS. Right of way. and are hereby authorized and empowered to construct, c. s. ' ' ' maintain and operate a railroad, by steam or other motor May 21, iSSo. . , ,f ,-,,., ' power, with all necessary tracks and bridges on Bouny street from its intersection with Villere street, as far as Alix or Eliza streets, then diagonally across Powder, Eliza and Market streets and up Madison street to the lower line of the parish of Jefferson, which said streets are situated in the Fifth Municipal District of the city of New Orleans, parish of Orleans, on the right de- scending bank of the Mississippi river, and at and near the intersection of said Bouny and Villere streets. The said railroad company are authorized to construct, main- tain and operate all necessary switches, turnouts, sidings, and structures of every kind, convenient, useful and necessary and appurtenant to said road. Lines and That the coustructiou of said line of road, with all lb. switches, etc., shall be made and completed, according to lines, levels and plans of the same to be furnished by the City Surveyor. ^^°p^- jj^ Art. 2035. That the shops of said railroad company shall be located and maintained in Algiers, the Fifth Municipal District of the parish of Orleans ; and, pro- vided further, that said company shall, simultaneously with the laying of their tracks, plank in a thorough manner that part of Bouny street from its intersection with Villere to Market street, to within (18) eighteen jj^^'g'^t^^ ^""""^ inches of the curb on either side, on that portion of said street, not used by a street railroad, and from the track of the street railroad to within eighteen (18) inches of the curb on that portion of the street on which there is a street railroad, and keep and maintain the said plank in good condition during the continuance of this franchise, for the term of ninety-nine years. Construction, j^^^ 2036. That all tracks within the city limits shall be laid on stringers ; the streets through which they run be properly graded, repaired and kept in good condi- tion ■, the bridges to be placed in sound order and so kept, and gutters and culverts properly cleansed to obviate any obstruction to drainage. All specifications for work, the grades for the tracks and the repairs of RAILROADS. 777 the bridges and the streets are to be given by the City Repairs. Surveyor, the Commissioner of Public Works to have the right, at any and all times, to require said company to make such repairs or do such work as is herein specified, as in his judgment may be needed ; and, pro- vided further, that the said road shall be commenced within one year and completed and in operation within two years from the promulgation of this ordinance. Art. 2037. That the New Orleans, Fort Jackson & Rightofway. Grand Isle Railroad Company and its assigns be and are c. s. ' hereby authorized to construct, maintain and operate a railroad, by steam or other motor power, with all neces- sary tracks and bridges, in the Fifth Municipal Dis- trict of this city, across Eliza, Alix and Peter streets, where said streets adjoin to and are near the property fronting on the west side of Powder street, and then to cross Powder and Delaronde streets, at, on and near their intersection with the river, and the said rail- road company are authorized to construct, maintain and operate thereon all switches, sidings and structures of every kind necessary and convenient to operate said rail- road. Art. 2038. (2) The said railroad company is hereby Levee in authorized to remove, rebuild and revet the levee at and deTstrelt.^"'^" in front of Powder street and up to Bouny street and all ^^ the above to be done in accordance with plans, lines and levels to be furnished and approved by the City Sur- veyor. Art. 2039. (3) Ordinance No. 37C4, C. S., is hereby Amending amended so that in case said railroad track be laid on as. ^°" ^''^'^' the west side of the present street car track of the Algiers ^^' and Gretna Railway, as it is now or may be located, that said rails may be laid on crossties ; provided, that at all intersecting streets all crossings shall be properly planked and kept in repair, and that at no time shall the said track offer any obstructions to the passing of vehicles ; and provided, track or tracks shall be planked at any time Council may require same. Provided, That if any part of the new levee to be built under this ordinance is at any time in danger of caving^ 778 RAILROADS. rebuild levees?' *^^ Said railroad compaiiy shall iuiiiiediately, on notifica ^^- tion of the Commissioner of Public Works and City Sur- veyor, restore and repair the present levee in a thorough manner, or, at their option, build a new levee in the rear of the present levee of the location, grade and dimen- sions indicated by the City Surveyor. o5%o''"6^ Art. 2040. That resolution No. 4926, approved De- ^ord.No.6707',^^"^^®^ 10, 1890, granting to the New Orleans, Fort se^t 6 1802 'J^c^son & Grand Isle Railroad the privilege of build- ing a platform at the head of Canal street be and the same is hereby repealed. NEW ORLEANS & WESTERN RAILROAD COMPANY. o?d?No°!oT393; -^^'^- -^*^' "^^^^ ^^^ privilege and right be and the ^M^Tch s, 1895. s^"^6 is hereby granted to the New Orleans & Western Railroad Company, a corporation organized under the laws of the State of Louisiana and domiciled in the city of New Orleans, to construct, maintain and operate, during its corporate life, its line of railroad, with either single or double tracks, for the carriage of freight, pas- sengers, mail and express matter, in and through the city of New Orleans as follows : Route. ^^ Art. 2042. Beginning at a point on the Upperline Canal, forming the upper boundary line of the parish of Orleans, about one thousand feet, more or less, from where said canal crosses Bayou Metairie, thence over private lands to a point on the New Canal between the Metairie Cemetery and Lake Pontchartrain, about one thousand feet, more or less, from the western boundary of said Metairie Cemetery, thence across said canal, passing over private lands behind Greenwood Cemetery and the City Park to the Bayou St. John, at the point where it is intersected by Marigny Canal, thence across said bayou along the embankment and line of the Marigny Canal and Marigny avenue to Florida Walk, thence along the embankment and line of Florida Walk to the lower limits of the parish of Orleans, with the right to acquire, by purchase or expropriation, property on the river front between Jourdan and Adams streets, in the Third District of this city, and when so acquired RAILROADS. 779 to connect said property by double track through the most convenient street between said limits back to Florida Walk ; and also to construct switches and turn- outs into property adjacent to its line of road. The company shall be bound at all times to maintain the embankment along Florida Walk, occupied by its line, in good order and condition and up to the present established grade, to the satisfaction of the Orleans Levee Board. Art. 2043. (2) That the crossings over the shell road, sh*;irRoa Between Napoleon avenue and Carrollton the cars shall run every five minutes between 4:30 a. m. and 10 A. M. Ten minutes between 10 a. m. and 3 p. m. Five minutes between 3 p. m. and 7 p. m. Ten minutes between 7. p. m. and 10 p. m. Fifteen minutes betw^een 10 p. m. and 12 :80 a. m. Sixty minutes between 12 :30 a. m. and 4 a, m. On Napoleon avenue the cars shall run every ten minutes between 5 :30 a. m. and 9 p. m. Art. 2087. The fare on the lake route to be no more going or returning, the distance between its termini, than those now charged by the New Orleans City Rail- road Company, to- wit : fifteen cents for the round trip on its lake route. Art. 2088. Steam shall not be used as the motor Motor power, power of cars operating on Baronne street and Delord street, unless by consent of a majority of the property holders residing along said street, and the concurrence of the City Council of this city. If horses or mules are used as the motive power of any of the cars of this rail- road, they shall, when upon the road, be belled with the usual (;ar bell, and not driven at the rate of speed ex- ceeding six miles an hour. Art. 2089. The company hereby has the right to em- ploy any improved process as motors if the same is not objectionable to the community or city authorities. Art. 2090. It is to be understood and agreed upon that por c o n ti- this line shall never be used for continental transit, or notSoJedr*' for the operating of such locomotives and cars as are or may be used by such railway lines as the Chicago & St. Louis, Louisville & Nashville and similar lines, without special permission obtained from the Council of the city ; provided, this section does not prevent the use of steam as a motor from Tivoli or Lee Circle, on St. Charles avenue, to Madison street in Carrollton, and to Lake Pontchartrain. Art. 2091. The parts of this railroad constructed on Kutraii. Baronne and Jackson streets, shall be a ' flat four (4) inch wide rail, laid on stringers, and these latter on 790 RAILROADS. crossties, all in accordance with description previonsly mentioned ; that on Jackson street to be laid whenever said street is paved. Trail. Art, 2092. The parts of this railroad eonstrncted on St. Charles avenue, except that portion already paved with square block around Lee Circle, may be a T rail, in accordance with description previously given. The part of this railroad running to the Lake Pontchar- train shall have its specified construction frjra the City Council, after the company has selected its route and made application for the same. Paving of Art. 2093. It is to be well understood that the pur- Jackson and "^ Baronne streets ciiasers of this frauchisc bind themselves to pave Jack- son street, between their rails and tracks, from St. Charles avenue to Water street ; also Baronne street, between their rails and tracks, from Canal street to Delord street, with any improved pavement which shall hereafter be agreed upon by the property holders and the City Council. Reversion ot Art, 2094. The property and appurtenances of this railroad company shall revert to the city of New Orleans ■ at the expiration of its franchises on February 10, 1908, on a valuation to be ascertained by two disinter- ested persons, one to be appointed by the railroad com- pany and the other by the city ; and in the event of a disagreement as to said valuation between the said twoj persons thus appointed, a third party or umpire shall be.i appointed by one of the district conrts, the decisionj thereby had to be final and binding. When to be Art. 2095. It shall be finished in accordance wit| these specifications : the Jackson street portion withi three months, and the Canal street and St. Charle avenue portion within nine months from the 10th da;j of February, 1883 ; the lake route shall be complete within five (5) years from date of contract or purchas^ of this franchise to the entire satisfaction of the CitJ Surveyor and the Administrator of Improvements otherwise all- rights accruing under this ordinance tjj build the lake route shall be forfeited. finished RAILROADS. 791 Art. 2096. The party or parties to whom this fraii- security. chise may be awarded, shall, for the faithful execution of these specifications, give good and solvent security in the shape of a bond, naming real estate, unencum- bered, to the amount of ($100,000) one hundred thou- sand dollars. The said bonds shall be filed in the Mort- gage Office of the city of New Orleans and accepted by the Mayor. Art. 2097. It shall be the duty of the Administrator company to .,,... be notified of •of Improvements and City Surveyor to notify in writing violation of the company of any violations of these specifications, giving them reasonable time to rectify any such viola- tion ; if upon the expiration of said mentioned time the company has neglected or refused to comply, the City Council shall have the said violation rectified. The cost for so doing shall be recoverable before any court of competent jurisdiction. Art. 2098. The company possessing this franchise Tabulated shall submit to the City Council a statement at the ex- piration of the twenty-third year of possession, sworn to by them as correct before one of the district courts or any court of equal jurisdiction in the city of New Orleans; said statement shall be submitted prior to February 28, 1906, and a similar final report shall accompany the reversion of the property of the railroad company to the city, both of which statements shall be outlined or itemized accordingly, to-wit: Art. 2099. (1) Length, miles; (2) length of double rescription of track, miles ; (3) length of single track operated in one'°'' * direction, miles; (4) length of single track in both di- rections, miles; (5) length of switches, sidings, etc., miles; (6) length of rail per lineal yard, pounds; (7) quality of rail and length of each ; (8) kind of rail and length of each. Art. 2100. (1) Number of horses or mules; (2) num- Equipment, ber of engines; (3) weight of engines; (4) power of engines; (5) number of cars; (6) long cars, seating capacity; (7) short cars, seating capacity. Art. 2101. (1) grading and paving; (2) roadbed, cost ot timber, rails, laying; (3) engineering and other ex - con- struction. 792 RAILROADS. peuses during construction ; (4) average per mile of single track, not including sidings ; (5) average per mile of single track of sidings; (6) turntable; (7) culverts; (8) culverts, crossings; (9) total cost of con- struction. ^cc«totequip- ^jjT. 2102. (1) Roadbed superstructure; (2) rails; (3) lands ; (4) buildings and equipments ; (5) land damages; (6) horses and mules; (7) harness; (8) cars ; (9) other vehicles and articles of equipment ; (10) engines; (11) total cost of equipments. opej^ating ex- ^^rp 2103. (1) Repairs of roadbed and tracks ; (2) Re- pairs of cars ; (3) Repairs of other vehicles ; (4) Repairs of harness; (5) Repairs of buildings ; (6) Repairs of pavements; (7) Repairs of culverts ; (8) Horseshoeing. (9) Horses and mules; (10) Taxes on real estate ; (11) Office expenses, etc ; (12) Salaries of officers ; (13) Con- ductors and drivers; (14) Watchmen, starters, switch- men and roadmen ; (15) Stable expenses ; (16) Proven- der— Hay, corn, oats, feed; (17) Fuel; (18) Gas; (19) Other lights ; (20) Oil and waste ; (21) Water tax ; (22) Insurance; (23) Lawyers' expenses — Lawyers' fees (naming lawyers and suits), court charges ; (24) Dam- age to persons and property; (25) Rents; (26) Car licenses; (27) Advertising and printing ; (28) Tax and dividends ; (29) Interest ; (30) Tolls or royalty ; (31) Contingencies; (32) Keeping good the stock of horses and mules ; (33) Tax on capital ; (34) Repairs of engines. Revenue. Art. 2104. (1) From passengers; (2) from sale of manure; (3) from sale for horses and mules; (4) from sale of old material ; (5) from advertisements in cars; (6) from interest ; (7) from rents ; (8) tolls of royalty ; (9) miscellaneous; (10) total income; (11) percent of expense to income. Operating Art. 2105. (1) Numbcr of miles run by cars; (2) particulars. ^^.^^.^g^ ^^^^ ^^j. j^jig _ g^nts ; (3) numbcr of passen- gers carried ; (4) rate of speed, including stops, miles per hour; (5) number of persons regularly employed by the company ; (6) rate of fare — cents; (7) num- ber of hours constituting a day for regularly employed persons ; (8) number of trips per day made by a con RAILROADS. 793 ductor; (9) number of trips per day made by an en- gineer and fireman ; (10) number of trips per day made by a driver; (11) number of trips per day made by a horse or mule. Art. 2106. It is well understood that in case of fail- clauses, ure by the company to finish the work within the time fixed, its bonds shall be forfeited to the city of New Orleans, In case the City Council be dissatisfied with the manner in which the work is being executed, it shall have a right to annul the franchise without putting the company in default, as required by Art. 1905 of the Civil Code, or any other law or laws, and without ap- plying to a court of justice to annul the same, and with- out indemnity ; and it is to be also well understood that in case the company shall at any time abandon the work or not finish the same in accordance with these specifi- cations, the said company shall forfeit all claims it may have for any part of the work done by it up to the date of its abandonment, and that the city shall thereby be discharged from any and all liabilities therefor ; the company expressly agreeing and understanding that this condition is in all things binding, and that the com- pany, their heirs, their legal re])resentatives or assigns, shall at no time, in any court of justice, by plea, answer, exception, motion, objection of any sort, kind or description, or under any circumstances, setup, urge, or in any way allege, plead or claim that this condition in his specifications is not, in all respects, legal, binding and obligatory on the company or its legal representa- tives or assigns. Art. 2107. (6) That all ordinances or parts of ordi- j^^ g^,.^ nances or specifications or parts of specifications in con- clause, flict herewith be and the same are hereby repealed. Art. 2108. (1) That permission be and is hereby piatform and granted to the New Orleans & Carrollton Railroad ^ ord.°No. 340, Company to erect a platform and pavilion on the same, *^ juiy 3, 1883, in Carrollton, commencing at the lower line of the pro- longation of Madison street, extending 250 feet down stream, and ten (10) feet river ward from the line of the present revetment. 794 RAILROADS. Consent of Art. 2109. (2) That the granting of this privilege w ar essee. ^^ ^^^ .^ hereby given with the understanding (1) that the consent of Geo. S. Petit, or his successors or assigns, as the purchasers of the revenues of the Mississippi, of the Sixth and Seventh Districts of this city, be obtained prior to the constructing of the platform and pavilion ; Night watch- (2) that the railroad company place upon the platform ""*"' day and night watchmen, who will be required to obtain authority from his Honor the Mayor ; (3) that the whole Ligiting. g^j.^^<3t,|ji.e be properly and adequately lighted ; (4) that no business be transacted on the platform or in the pa- vilion without the consent of both the City Council and the railroad company. Priviege dur- Art. 2110. (3) That this privilege be and is hereby clfuncir.*"'^^ ° granted during the pleasure of the City Council, and that the whole structure be built according to plans and speci- fications to be approved by both the Commissioner of Public Works and City Surveyor. Art. 2111. (4) That this ordinance take effect from and after its promulgation. Notarial act Art. 2112. (1) That the Mayor bc and he is hereby relative to right ,.,„ -,.1 «,i •, ^x-r r\ of way. authorized, for and in the name ot the city of JSew Ur- A, s.' °'' ^' leans, to contract by notarial act, or otherwise, with the "^"^^ " ' **New Orleans & Carrollton Railroad Company, their heirs, assigns and transferees, for a sale of franchises or rights of way for street railroads, as offered by the city under Ordinances Nos. 7812 and 7830, A. S., ap- proved respectively on the 10th day of May, 1882, and Proviso. 23d day of May, 1882 ; provided, said sale be made on the terms, conditions and specifications contained in said Ordinances No. 7812 and No. 7830, under which the sale has heretofore been advertised, and in accordance with the terms and for the consideration expressed in the bid or proposition of date August 4, 1862, made in writing to the Council by said company to the following effect, to-wit : Consideration. Art. 2113. As Consideration for the sale or grant of said franchise or right of way for a period of twenty- five years, commencing on the 10th day of February, 1883. on the terms and conditions of specifications here- RAILROADS. 795 iiibefore referred to and on those hereinafter stipulated, the said company is to pave seventy thousand (70,000) superficial square yards of St. Charles avenue with such Paving, pavement and at such places or portions of said avenue as the city of New Orleans shall designate, which pave- ment shall be of a nature as shall not exceed in cost, laid complete, three dollars ($3) per superficial square yard, said three dollars per superficial square yard to in- ^^j^^^^^ ^^^^ elude all the necessary alterations, additions and repairs and wings, to such culverts, curbs and wings as shall be necessary to complete the pavement at the places designated for said pavement. Additional pav- Art. 2114. And the said company shall further agree j."f Jj*"^ ^''^^ to pave thirteen thousand (13,000) superficial square yards of such streets and at such places upon such streets as the city of New Orleans shall designate, said pavement to be of a nature as shall not exceed in cost five 75-100 dollars ($5.75) per square yard, to include all the necessary alterations, additions and repairs to such culverts, curbs and wings as shall be necessary to complete the pavement at the places designated for said pavement. It shall be understood and agreed that, should the pavement selected by the city for any of the streets or portions of streets named above, cost less than the sum per yard above named, the company binds itself to pave additional places or streets to the extent of said difference at such places and upon such streets as may be designated by the city. Art. 2115. This work or paving to be done under the supervision ot C i t y Sur- supervision of the City Surveyor and Administrator of ^eyor. Improvements, or such officer as may be charged with the supervision and control of the streets, and to have their written approval before the same shall be accepted. The contract for paving to be awarded to the lowest respon- sible bidder or contractor, and the work shall commence on the date fixed for commencement by contracts for der.°'''^^ paving which the city may make and approve, and to be finished within two years from said commencement. Art. 211G. Said company shall furnish a bond in the Bond, $100,000. sum of one hundred thousand dollars, with mortgage 796 RAILROADS. upon all its property, for the faithful performance of the stipulations of the contract, the condition of which shall be that if the company violates any of the obligations herein or fails to complete the paving con- tract contracted for at the time and in the manner agreed, unavoidable delays from any cause excepted, the said company shall become liable for damages in su<;h sum as may be determined by any court of compe- tent jurisdiction, and the city shall have the option to declare the contract terminated and the franchise for- feited. to?c|uirero^5 ^^T. 2117. In casc of forfeiture or termination of contract from any cause, except it be under a new and distinct agreement, the city shall have the option to ex- ercise the right of acquiring the road, fixtures, etc., as if the contract had continued to its stipulated period. tick?ts ^'"■""^^ Art. 2118. And the company shall further agree to commence the sale of through tickets to actual residents above Napoleon avenue on the first of November next. Price of. ig82, at the rate of ten (10) tickets for fifty (50) cents, and it shall be distinctly understood that never, under any circumstances, shall the price of tickets be more to actual residents above Napoleon avenue than fifty cents for ten (10) tickets, good from Canal street to CarroUton, except in the night cars, steam as a Art. 2119. It shall also be understood and agreed motive power. . , that steam shall not be used as a motive power below Napoleon avenue, except with the consent of a majority of the propertyholders on said street below Napoleon avenue. Cession neu- ^j^^j, 2120. And the said company shall also waive tral ground on '- ^ St. Charles ave. ^-^^^ abaudou and cede, sell or transfer to the city of New Orleans any and all right, title and interest which said company has or may have as owner, whether claim- ing under expropriation or voluntary cession in and to any part of the neutral ground on St. Charles street, and agrees, so far as it can, that said neutral ground shall absolutely be and remain a public street and high- way under the control of the city of New Orleans. RAILROADS. 797 Art. 2121. (2) That in all matters and particulars in in case of ,.,, ,.. , . ,. , . conflict how which the terms, conditions and stipulations, herein ex- settled. pressly set forth, may conflict or differ from those in ,said original Ordinances Nos. 7812 and 7830, these said ordinances shall be considered modified and repealed ; in all other respects, and when there is no (Conflict or i'hange, all the specifications, terms, etc., shall be in force and constitute part of the contract to be entered .,11 . , . . , Night cars on into, excepting also specially the stipulation in regard Jackson street, to all night cars on Jackson street, from the obligations to run which the company is hereby expressly ab- solved. Art. 2122. Whereas, the New Orleans & Carrollton n. xc. r.r. Co. agreement Railroad Company has agreed to pave 70,000 square to pave. yards of such place on St. Charles avenue as the city a. s.'^ may designate, with such pavement selected by the city as shall not exceed in cost $3 per square yard, said $3 cost per yard. per square yard to include the cost of all new culverts, bridges, curbs or repairs or additions to old culverts, bridges or curbs and fillings ; Art. 2123. Whereas, said company has agreed to Agreement to pave 13,000 square yards of such places as the city may peVyard^.^ ^'^^ designate with such pavement, selected by the city, as shall not exceed in cost $5.75 per square yard, said $5.75 per square yard to include the cost of all new culverts, bridges, curbs or repairs or additions to old culverts, bridges or curbs and filling, and all alterations to or making of neutral grounds on Canal street ; Art. 2124. Whereas, new culverts, bridges, curbs and New culverts ' > & ? bridges, etc. » repairs and additions and filling are essential in laying said pavements ; Art. 2125. (1) That wherever the cost of pavement Oniy$2S4,- and new culverts, bridges, curbs, repairs, additions and by°company.^' filling shall exceed the above rates per square yard, the same shall be done and the number of square yards of pavement to be laid shall be reduced accordingly, it being understood that the sum of $284,500 to be expended upon pavements, etc., by said company is not to be re- duced or increased, but is to be expended upon pave- ments, culverts, bridges, filling, repairs, curbs and ad- 798 RAILROADS. Bills to be(]i^|f)ng under contract, to the lowest bidder accepted bv approved. ' '■ * the city, all bids for said pavements, culverts, bridges, curbs, repairs, filling or additions to be paid when ap- proved by the Administrator of Improvements and City Surveyor. Turntable, Art. 2126. (1) That uutil such time as the New Or- Canal and Ba- ^ ronne streets, leaus & CarroUtou Railroad Company shall be able to Ord. No. 80S7, , . . , , . ^ r^^ ^^ A. s. exercise their right to run their cars on the Claiborne Oct. n, 1SS2. Street Railroad Company's track on Canal street, said New Orleans & CarroUton Railroad Company shall have the right to use the turntable at the intersection of Canal and Baronne streets ; and it is also agreed that when said company shall be in possession of the right to use said Claiborne Street Railroad Company's tracks it shall have the right to use said turntable on such holi- days or days when the cars are obstructed on Canal street. Pavement on Art. 2127. (l)That the Ncw Orlcaiis & CarroUton j^Jkrousts. Railroad Company be and it is hereby authorized to c. s.' ^ °'^^'^'pave the streets between its tracks on Baronne and Jack- *"■ ^ ' ■ son streets with what is known as the Sapless Wyckoff wooden pavement. Trails. Art. 2128. (2) Thatthe CarroUton Railroad Company Amended by is autliorized to trausform the *'T" rail now existing Ord. No. 3S0S, c. s. on Jackson street, to the satisfaction of the City Sur- veyor, b}^ means of an iron chair without taking up the said ''T" rail and substituting a new form of rail there- for. Lines and Art. 2129. (3) That all of the work herein provided lb. shall be done under lines, levels and specifications to be furnished by the City Surveyor and subject to his ap- proval and that of the Board of Health. Wooden pave Art. 2130. (4) That at the expiration of the time for lb. which the said wooden pavement is guaranteed, on thirty days' notice, the company shall substitute some other serviceable pavement in lieu of the wooden pave- ment, should said wooden pavement prove unsatisfactory according to the report of City Surveyor, or entirely re- construct the said wooden pavement, as the case may be. RAILROADS. 799 Aur. 2181 . (")) That the laying of said wooden pave- completion, luent and the transformation of said "T" rail shall be Amended by completed on or before the 15th day of Jnne, 1889, and c.'^s. in the event of failure to complete such work on the last day above mentioned, the company, in addition to other penalties now provided by law, shall forfeit twenty-five dollars per day for each and every day be- yond the first day of May, 1889, to be recovered be- fore any court of competent jurisdiction as liquidated damag^es. Art. 2132. (6) That in consideration of the grants and c°"^''^'^''^"°;;- modifications herein made of its said contract with the city of New Orleans the Carrollton Railroad Company agrees to pay to the city of New Orleans the sum of twenty-five hundred ^2500) dollars cash, the same to be used and appropriated by the city of New Orleans toward the pavement of the present unpaved portions of Jackson street, between 8t. Charles street and the river ; and the said Carrollton Railroad Company shall further bind and obligate itself to lay, at its own ex- pense, according to lines, levels and specifications to be furnished by the City Surveyor, upon any street that the city of New Orleans may designate, on or before the 1st day of July, 1889, five hundred square yards of the said Sapless Wyckoff wooden pavement, the same to be laid as an experimental test of the value of said pavement. Art. 2188. (7) That the railroad company be and is Notarial con- hereby re(|uired to enter into a contract before the City ' ib. Notary with the city of New Orleans, accepting this ordi- nance and its provisions, and when duly executed said amended contract shall become a part of the original contra(tt entered into on the 7th day of August, 1882, by virtue of Ordinances Nos. 7812, 7830, 7893, A. S. Art. 2134. (8) That all ordinances or parts of or- Repealing dinances in conflict with provisions of this ordinance be*^'*"*^* ib. and the same are hereby repealed. Art. 2135. (1) That the New Orleans & Carrollton Authorized to Railroad Company is hereby authorized and empowered hT&d eieanc to operate its cars along the streets wherever it is now ^^rd^No. 5847, entitled to run a street railway by the overhead electric ^'d^c.s, 1S91. system. 800 RAILROADS. Poles. ^^ Art. 2136. (2) That the said road be authorized to erect and maintain poles of an ornamental character, to be made of iron or steel, on both sides of the streets whereon it has the right of way, at such points as the engineer in charge of their erection may determine, with the approval of the City Engineer, and to connect tlie poles on the opposite sides of said streets, and do whatever is necessary to place the wires properly to con- vey the electric current for the propulsion of the ears; provided, that wherever the said railroad operates its street railway along the neutral ground that the said road shall be confined to one line of poles to be placed on the neutral ground between the tracks. Speed. ^^ Art. 2137. (3) That the said railroad company shall run its cars from Canal street to the neutral ground on the upper side of Lee Circle at no greater speed than six miles an hour, and that it shall run its cars along the neutral ground from the upper side of Lee Circle to Carrollton and along the branch roads of the system at no greater speed than fifteen miles an hour. Power-house, Art. 2138. (4) That the said company shall have the right to erect power-houses with suitable appliances for the generation of electricity ; and to connect the same with the wires upon their road, and shall be considered a part of the property and appurtenances that is to re- vert to the city at the expiration of said contract, as pro- vided therein. clis'^*' ""^ ^^''"' ^^'^- -^^^- (•^) "^^^^ *^^^ rights herein granted shall ^^- continue during the existence of the contract between the city and said railroad company. Cut or raise Art. 2140. (6) That the Said Carrolltou Railroad Com- wires. ib.pany shall, at the request of the Mayor, raise or tempo- rarily cut their wires at the intersection of streets when- ever occasion may require ; also restore, to the satisfac- tion of the Commissioner of Public Works and City Engineer, the streets and highways disturbed in the prosecution of the work herein authorized. Art. 2141. (7) That upon the operation of the sys- tem herein the said Carrollton Railroad Company shall ))e and they are hereby required to place a conductor on RAILROADS. 801 each motor car, with or without trailers, to collect fares, conductor, make change and care for the comfort and safety of pas- Amended by sengers. The fare from Canal street and Carrolltonas °' ' shall remain as at present, say five (5) cents between *"' '^' Canal street and Napoleon avenue, and five (5) cents between Napoleon avenue and Carrollton, except to actual residents above Napoleon avenue. Provided, that the Carrollton Railroad Company shall agree to sell tickets in packages of ten (10) to any person, at fifty (50) cents a package, each of said tickets entitling the holder to one ride to and from Canal street to Carrollton or for any intermediate distance on said route, or to and from Carrollton to Canal street, or for any intermediate distance on said route, except between the hours of 12 o clock p. M. and 4 o'clock a. m., when the fare shall be ten (10) cents in either direction. Art. 2142. That the Carrollton Railroad Company stops. "^ Ord. No. sS47« shall not be required to stop their cars to receive ores, discharge passengers except at the far side of cross or intersecting streets, whether going up or down. Art. 2143. (1) That the work hereunder shall be com- Work com- menced within three months and completed within nine completed, months from the promulgation hereof, otherwise this ordinance shall be t;pso facto null and void. Art. 2144. That theprivilegebeand is hereby granted Extending to the New Orleans & Carrollton Railroad Company to ' ordf No. 617a, extend their tracks through the upper side of Carrollton Man 22, 1893. avenue to Fifth street, up Fifth street to Upperline street, or protection levee, thence back on Fifth street to upper side of Carrollton avenue, and through upper side of Carrollton avenue to connect with tracks on St. Charles avenue, and that the City Surveyor is hereby authorized and instructed to give the lines and levels for this purpose. Art. 2145. (1) That the Comptroller be and he is here- comptroller by authorized and directed to advertise, according to law, adtertulexten^ and to sell at public auction, to the highest bidder, an ® ord. No. 6173, extension of the franchise of the New Orleans & Car-'^Mar.a2, 1893. rollton Railroad Company, for twenty-five years, from the date of the expiration of its present franchises. 802 RAILROADS. Consideration Art. 2146. Provided, that the party or parties buying this franchise shall agree to expend for the same in improvements a sum of not less than one hundred and fifty thousand dollars, said improvements to consist in the paving with gravel of the wood side of St. Charles avenue, from its intersection with Louisiana avenue to the terminus of the present asphalt pavement, on the river side of St. Charles avenue, and shall furthermore agree to use any unexpended balance left over from the paving of St. Charles street to pave, under similar specifications, both sides of Jackson street from ^the terminus of the asphalt pave- ment to Tchoupitoulas street, and the short block between Tchoupitoulas street and the levee with Belgian blocks upon a concrete foundation. The whole work to be executed accordmg to and in conformity with plans and specifications to be prepared by the City Engineer and to be submitted to the City Council for approval. Completion of Art. 2147. Said work to be begun within three months work. ° lb. from the date of adjudication of contract, and to be completed within twelve months thereafter. ®'^** lb. Art. 2148. Provided, furthermore, that any or all bids be subject to the acceptance or rejection of the City Council. Accepting bid Art. 2149. That the Mayor be and he is hereby ?oiitoi** ^iSl- authorized and directed to enter into notarial contract '^r^d. No. 6743, with the New Orleans & Carrollton Railroad Company %e"pt. 27, 1892. f or an extension of the franchise of the New Orleans & Carrollton Railroad Company for a period of twenty- five years from the expiration of their present fran- chise, in accordance with the provisions of Ordinance No. 6178, Council Series, and as per specifications on file in the office of the City Engineer and published by the Comptroller, as per their bid of September 13, 1892. Extending Art. 2150. That the privilege is hereby granted to ord. No. 67SS, the Ncw Orleans & Carrollton Railroad Company to ex- Sept. 27, 1892. tend their tracks on Napoleon avenue along the neutral ground of same across Tchoupitoulas street by a suita- RAILROADS. 803 T)le curve on Napoleon avenue, to reach their property- located in square 86, all as shown on the chart annexed. Art. 2151. (2) That the privilege is hereby granted Lay tracks on to the New Orleans & Carrollton Railroad Company to "''''''" ^'"^i^; lay a single track on the neutral ground of Carrollton avenue from Fifth street to Jeanette street, thence to Madison, and through Madison street to connect with their tracks on Fifth street, as also to Dublin street from Jeanette street, to connect with their tracks on Fifth street, all as shown on the accompanying plan. Art. 2152. (3) That all these tracks are to be con- Lines and structed to lines and grades to be given by the City ^'■*'^*®- ib. Engineer, and the construction of same as to kind of rails, style of construction and all material and work- manship are to be to the satisfaction of the City En- gineer. Art. 2153. That in the reconstruction of the tracks of Tracks around Lee Circle. the New Orleans & Carrollton Railroad Company around ^o^d. No. 8543, Lee Circle that they be located adjacent to the existing Jan. a, 1894. curb line of the sidewalk of the circle, in conformity with the plan adopted by the City Council. The exist- ing pavement on that portion of the street now occupied by their tracks to be taken up and relaid at such grades and in such manner as directed by the City Engineer, and the necessary conduits for water, gutters, etc., to be constructed. Art. 2154. That this work shall be done at the entire Lines and expense of the said New Orleans & Carrollton Railroad ' ib. Company, and under the direction of and according to lines and levels to be given by the City Engineer. Art. 2155. That permission be and is hereby granted Permission to to the New Orleans & Carrollton Railroad Company to 'pirment?°'^'" remove from between their tracks and rails on Baronne c?sf ' ^°' ^'^^' street, between Canal street and Howard avenue, the ^^^ ^' '^* existing wooden blocks and the planks between the tracks and rails on Jackson street, between the river and St. Charles avenue, and to replace this pavement with either Belgian block or vitrified brick, in lieu of asphalt, as being for the best interests of the public. Art. 2156. That whichever class of pavement is used 804 RAILROADS. Specifications shall he laid on a base of six inches of concrete, and men"*'' ^^^^ prioF to the laying of the pavement the roadbed will be 'thoroughly ballasted with good, substantial material', gravel or hard ballast, sufficiently solid and firm, and of sufficient depth to thoroughly and securely maintain in permanent position the roadbed. Thorough anci Art. 2157. That the laying of this pavement and the substantial .^ & f placing of the tracks m proper condition to be done in the most thorough and substantial manner and to the entire satisfaction of the City Engineer. Outside rails. Art. 2158. That ou the outside of the outside rails of the tracks on Jackson and Baronne streets there will be placed on a base of concrete toothing stones, evenly and uniformly laid, and the joints filled with paving pitch. Curves and ART. 2159. That the City Engineer be and is -hereby Liberty Place, authorizcd to usc such portious of Delta street end of c. s.' ' ' ' Liberty Place as is necessary to allow of the construction "of the necessary tracks for the passage of cars of the New Orleans & Carrollton Railroad around either end of said square to connect their tracks on the north side of Canal street with those on the south side, substan- tially as shown in the diagram prepared by the City En- gineer, and herewith submitted ; . provided, that said railroad company shall bind itself to keep the grounds in proper condition hereafter and during the enjoyment of its privilege, as may be determined by the commis- sioners in charge. Banquettes Art. 2160. (2) Providcd, that said railroad company tobere-ar- ""' ' r ^ ranged. hereby binds itself to restore the Schillinger pavement that may be taken up for the laying of its tracks, and to rearrange the sidewalk so as to preserve the symmetry of Liberty Place to the satisfaction of the commissioners in charge thereof ; and provided further, that said Car- rollton Railroad Company shall obligate itself to furnish a supply of water for the sprinkling of Liberty Place. thMize^dtocon" ^^'^* ^^^^- (^) "^^^^ the Mayorbc and he is hereby au- tract. thorized and directed to enter into notarial contract with the said New Orleans & Carrollton Railroad Company in accordance with the provisions of this ordinance. RAILROADS. 805 Art. 2162. (4) That this ordinance shall take effect Take effect, from and after its passap^e. Art. 2163. That the City Engineer be and he is hereby j^^^Pf^Yf^^ °^J directed to prepare plans and specifications for putting J'n°(j"st.^charre's said intersection of Louisiana avenue and St. Charles ^^«^*^^ ^^ avenue in proper condition and report the same to the ^--^^^ , jg^, Council. Art. 2164. That as soon as the said plans and specifi- ®'*^*- jb. cations have been approved by this Council that the Comptroller be and he is hereby directed to advertise for five (5) days, in the official journal, for bids for placing said intersection in proper condition according to said plans and specifications, and under the provi- sions of this ordinance the Council reserve the right to reject any or all bids. Art. 2165. That as soon as the above-mentioned work Payment, has been completed and accepted by the City Engineer and Commissioner of Public Works, that the said City Engineer and Commissioner of Public Works shall at once issue a certificate for the contractor and against the city of New Orleans for the full amount of the bill for the said work. Said certificate to be paid out of the permanent public improvement fund. Art. 2166. That as soon as the amount of . said bill ciiy Attorney for said work is ascertained that the City Attorney beaglTLtV.^o. and he is hereby directed to enter proceedings in the r. and n."o. proper court in the name of the city of New Orleans '^^'^ '°" "ib. against the New Orleans & Carrollton and the New Orleans Traction Company to recover from said New Orleans & Carrollton Railroad Company and the New Orleans Traction Company each their proportion of said work ; such proportion to be determined by the said City Engineer. Art. 2167. That all ordinances and parts of ordinances Repeal clause, that will conflict with the provisions of this ordinance be ^^' and the same are hereby repealed. 806 RAILROADS. Canal & Claiborne Railkoad Companies. Specifications for Operating and Constructing Rail- roads Through or Upon the Following-Named Streets OR Highways, which are Occupied by Tracks of the Canal & Claiborne Railroad Companies. Route— Canal 1. Commencing at the intersection of Wells and Canal streets. Street Line. on the north -side roadway, thence to the north side of the neu- tral ground at Decatur street, thence to the river-side avenue of the central ground of Claiborne street, thence to the east or lower side roadway of Elysian Fields, thence to Urquhart street, thence to Lafayette avenue, thence on the central ground of Lafa- yette avenue to the north or lake side of St. Claude street, thence to the west or upper side roadway of Elysian Fields street, thence to the lake side of the central ground of Claiborne street, thence to the north side of the neutral ground of Canal street. thence to Magazine street, and thence to the south roadway of Canal street to the starting point, the intersection of Wells and Canal streets. Route— Canal 2. Commencing at the intersection of Wells and Canal streets, Street Line. on the north roadway, thence to the north side of the neutral ground at Decatur street, thence to the centre of the neutral ground of Rampart street, thence to the south or upper side of the centre of Tulane avenue, thence to the station and Roche- blave street, thence to the north or lower side of Tulane avenue, thence to the centre of neutral ground of Basin street, thence to the south side of the neutral ground of Canal street, thence to Magazine street, and thence on the south roadway of Canal street to the starting point, the intersection of Wells and Canal streets. Route-Girod 3. Commencing at the intersection of Front and Canal streets. stre^t°i^ine'^ * ^ ^^^"^^ *^ (rirod Street, thence to Liberty street, thence to South Poydras street, thence to lake side of the centre ground of Clai- borne street, thence to the Canal street and Tulane avenue car tracks on Tulane avenue, thence to the station and Rocheblave street, and back on Tulane avenue to the rivei side of the central ground of Claiborne street, thence to Perdido street, thence to Carroll street, thence to Poydras street, thence to Fulton, and thence to the point of starting, the intersection of Front and Canal streets. Extensions— ]. The Canal & Claiborne Streets Railroad Company shall avenue, j^^^^ ^.j^^ privilege of extending a double track from their present terminus at Rocheblave and Tulane avenue through Tulane ave- nue and such other street as may be designated by the City Coun- cil, except Canal street, to the Metairie Road. Poydras street. 2. Of extending a double track on Poydras street from Clai- borne to Broad street, on Broad street from Poydras to Tulane avenue, and thence to Rocheblave and Tulane avenue, their pres- ent station and terminus. RAILROADS. 807 3. Of extending their tracks now on Liberty street from South Liberty and Poydras street to Tulane avenue, and on Franklin street from ^^/gg^ts" ** ' ' " Tulane avenue to North Poydras street, and on North Poydras street from Franklin to Liberty street. 4. Of extending their tracks from their present terminus at urquhart Urquhart and Lafayette avenue, on Urquhart street to Louisa, street. on Louisa street to St. Claude street, on the lake side of St. Claude street to Lafayette avenue. 5. Of extending their tracks on Elysian Fields street, on the Eiysian Fields east or lower side, from Urquhart to St. Claude streets. Partial ^*''^*'^' extensions of these privileges to be made from time to time as in the company's judgment the additional service is required, with all the necessary turnouts, switches, turn-tables, etc., that may be necessarv. Where new tracks or extensions are constructed _ ., Rails. or repairs to old tracks are made, the construction in roadways shall be liat. four (4) or live (5) inch wide steel or iron rails, fastened to stringers, or girder steel rails, with suitable fastenings, and top of rail to be flush with surface of roadways and kept so during the term of franchise. The stringers shall be held to- '""?«•■*• gether with tie-rods where no granite pavements exist, and shall be well keyed and otherwise screwed to crossties. On the outer side of each rail shall be placed a three (3) by twelve (12) inch yellow pine plank on the streets where no pavements exist, the neutral and centre grounds excepted. The company have the option of the above manner of construe- . Gauge, cross- tion in neutral and central grounds, or that of T steel or iron '""' rails, spiked cross-ties. The gauge shall be live (5) feet two (2) inches and five eighths (^g) of an inch wide. The crossties shall be of the best quality of cypress or upland yellow pine eight feet long, not less than eight inches in width and six (6) inches in depth or thickness; they must be either sawed or hewed on two opposite sides, notched two (2) inches in depth for the insertion of the stringers, and their distance shall not be more than four (4) feet from centres. The notches or gains must not be rectangular, but must be trape- zoidal, and the keys or wedges must be of cypress. The stringers shall be of the best (juality of milled cypress or stringer, upland yellow pine twenty feet in length, not less than twelve (12) inches in depth and five (5) inches in width. They shall be fastened to the crossties by keying and wedging with cypress wedges on their inner sides. They shall be prevented from spreading at top, where there xie-rods are no square block granite pavements, with tie-rods five-eighths {%) of an inch in diameter, having suitable lengths, heads, washers and nuts placed ten (10) feet apart. The flat rails must rest on suitable chairs at their ends, and be R^tis. spiked to the stringers with five (5) inch wrought iron spikes. Where T or girder rails may be used they must be firmly fast- 808 RAILROADS. ened together with fish-plates and suitable bolts having heads, threads, washers and nuts, and be fastened to each crosstie with four usual spikes. The existing tracks in the above enumerated routes may be used, but must be put in good order after the man- ner of their present construction, and the said company shall maintain two feet of the street on the outer side of each rail tracks in good order and condition. Bridges. The Street bridges, where crossed by the company's tracks throughout their routes, shall be placed in flrst-class order, and be kept so during the term of franchise. The bridges over the Carondelet Navigation Canal and drain- ing canals, when and where crossed by any of these lines, must be kept in good order and condition. That over the Carondelet Canal shall be under the supervision of the Commissioner of Public Works, who shall see that it is opened and closed as commerce demands. The expense of one bridge-keeper to be borne by the company. stables, At the present termini the company will have the right of erec- ops, ec. ^.^^ ^^ ^^j necessary stables, shops, car-houses, etc., necessary for operating the cars on the grounds which are or may be owned by the company. Motors. Mules or horses are to be the motors of these lines, and when upon the road they must be belled with the usual car bell, and not driven at a greater speed than six miles per hour. For any other motor the company must obtain special permission from the City Council. Lines and The Company will have the right of all necessary turntables, gra es. turnouts, Switches and sidetracks approved by the City Council. The lines and grades for any extension of tracks shall be fur- nished by the City Surveyor, and all construction for such during this franchise is to meet the approval of both the Commissioner of Public Works and the City Surveyor. Time sched- The cars of the several lines must leave the stations or termini ule for running „„ .„,,„ „ cars. ^ as follows: 1. Canal and Claiborne cars commencing at five (5) A. m. and continuing at intervals of time not exceeding five (5) minutes until eight (8) p. m. ; then not exceeding fifteen (15) minutes un- til twelve thirty (12 :30) A. M. 2. The Canal and Tulane avenue cars commencing at five (5) A. M. and continuing at intervals of seven and one-half (7}i) min- utes until eight p. M., and then every thirty (30) minutes until twelve (12) p. m. 3. The Girod, Tulane avenue, etc., cars commencing at five (5) A. M., continuing at intervals of fifteen (15) minutes until eight (8) p. M., then every thirty (30) minutes until twelve (12) p. M. Cars. The cars must be of the latest improved pattern, be kept clean, and provided with suitable signal and interior lights. RAILROADS. 809 All cars of the various lines shall have the proper names of the streets painted thereon. The fare between the termini or any intermediate point shall Fare, be live (5) cents, payable upon entering the car, between five (5) A. M. and twelve (12) p. m., and ten (10) cents between twelve (12) p. M. and five (5) A. M. The purchaser shall in no event charge any company »ow per- Trunk line mitted to run on Canal street tracks more than four (4) cents per '='^*''&«s. mile traveled by each and every mule or horse before each and every car, or by each and every car without mules or horses. All tracks now used by the company and not herein granted shall be taken up and the roadway restored to good condition. The railroads, rolling stock, tracks, equipments and fixtures. Reversion, station and real estates of the said Canal & Claiborne Street Eailroad Company, or any addition or extension, shall revert to the city of New Orleans at the expiration of this privilege and franchise of twenty-five (25) years, on the payment of a price to be ascertained by valuations of two disinterested persons, one to be appointed by the contractor and the other by the city, and in the event of a disagreement as to the said valuation between said persons thus appointed, a third person or umpire shall be ap- pointed by one of the district courts in the city of New Orleans, and his decision is to be final and binding. The rights and privileges herein granted and requirements ex- Term of acted and agreements entered into shall continue during a period ^'^"^' of twenty-five (25) years, commencing the* eighth (8) day of May, 1887. That the Mayor be and is liereby authorized and instructed to sign a contract by notarial act with the purchaser of this franchise, for and in the name of the city of New Orleans, for the extension and delivery of th^ right of way to continue and operate and to construct the several roads, lines and turn- outs as herein mentioned. (Extract from the minutes of the City Council, Dec. 20, 1887.) That the bid of the Canal & Claiborne Railroad Company of Accepting $55,000 cash, this day made by sealed proposals, in obedience to '"^• motion heretofore adopted by this Council, together with the specifications on which the franchise was advertised for sale, be and is hereby accepted, and the said company hereby agrees to hold the city harmless and entirely free from any pending litiga- tion. Art. 2168. Whereas, the Council, at the last meeting held thereof, namely, on the 20th of December, 1887, on motion accepted the sealed proposal of the Canal & Claiborne Streets Railroad Company to purchase the right of way for operating and constructing a city rail- 810 RAILROADS. road through and upon the hereinafter-named streets or highways of the city of New Orleans, said bid or pro- posal being in and for the sum of fifty-five thousand dollars cash, and based upon the public advertisement of the City Comptroller and upon the specifications on file in the Surveyor's oflice, said bid of fifty-five thousand dollars cash being the only proposal or bid made in re- sponse to and in compliance with the advertisement of the city, and a certified check for said amount of fifty- five thousand dollars having accompanied said bid, and being now in the possession of the city ; and Art. 2169. Whereas, it was further moved and adopted at said meeting that the Mayor be authorized and instructed to enter into and sign a notarial contract between the city of New Orleans and the said Canal & Claiborne Streets Railroad Company, in compliance with the specifications, public advertisement and bid herein- before recited ; and Art. 2170. Whereas, the Mayor has now communi- cated to the Council that he has approved said motion, and the City Notary having drawn up the necessary notarial contract adjudicating the right of way to said Canal & Claiborne Streets Railroad Company on Wells, Canal, North Claiborne, Elysian Fields, Urqu- hart, Lafayette avenue, St. Claude, South Rampart, Tu- lane avenue, RocheblaA?^e, South Basin, South Front, Girod, Liberty, South Poydras, South Claiborne, Per- dido, Carroll, Poydras, Fulton, Broad, Franklin, North Poydras and Louisa streets, all in accordance with the resolution adopted at the meeting of the Council held on the 20th of December, 1887, and a printed copy of said contract having been placed upon the desk of each member of the Council, in accordance with Ordinance No. 1175, Council Series, adopted March 24, 1885; therefore, be it resolved. Contract ap- Art. 2171. That Said contract, as drawn up by the ^Or'd.'^No. 2698, City Notary in accordance with the resolution of Decem- ^'ja'n. 10, 1888. ber 20, 1887, and the specifications on file in the' City Surveyor's oflice, be and the same is hereby approved, and the Mayor be and he is hereby authorized to sign said RAILROADS. 811 contract on behalf of the city of New Orleans; pro- vided, the said company will accept all responsibility of any suit by the Orleans Railroad Company against the city in reference to the use of the tracks of the Canal Responsibiik^. & Claiborne Streets Railroad Company on Canal street, and shall make no other charges against said Orleans Railroad Company for the privilege of its running over and using the trunk line of tracks on Canal street than those now stipulated and specified in the notarial con- tract now existing between said two railroad companies, EXTENSION OF FRANCHISE. Art. 2172. That the Comptroller be and is hereby comptroller 1 • n T T T T • T T *° advertise. authorized and directed to advertise, according to law, and ord. No. 11,369, * c. s. to sell in block, at public auction, to the highest bidder, Sept. 24, 1895. for cash, an extension of the following-described railway franchises now owned by the Canal & Claiborne Railroad Company, for a term of fifty years Irom the date of the expiration of the said company's existing franchise, and all the authorized extensions of routes herein for the unexpired term of said existing franchise, in addi- tion to the extensions of fifty years above mentioned,, upon the following terms, conditions, specifications and with the following additions and modifications of routes ; provided, however, that all bids shall be subject to re- jection by the City Council. Art. 2173. The right to construct, maintain and Route, operate for fifty years from the 8th day of May, 1912, lines ^^' of street railways for carrying passengers as now owned by the Canal & Claiborne Railroad Company, with all the authorized extensions of routes, which authorized extension of routes are also included for the unexpired term of the present franchise, with the changes and modifications more accurately and fully described as follows : (l)CommencingonDelta,near intersection of Delta and canai and Canal streets, to the north side roadway of Canal street, SauS**'"* thence to the north side of the neutral ground at Wells ^^* street; thence to the river side avenue of the central ground of Claiborne street ; thence to the east or lower 812 RAILROADS. side roadway of Elysian Fields ; thence to Urquhart street, thence to Lafayette avenue ; thence on the central ground of Lafayette avenue to the north or lake side of "St. Claude street ; thence to the west or upper-side road- way of Elysian Fields street; thence to the lake-side •avenue on the central ground of Claiborne street; thence to the south side of the neutral ground of Canal street ; thence to South Front street ; thence to the south roadway of Canal street to the starting point on Delta, near the intersection of Delta and Canal streets, with the privilege of extension on street or neutral ground of St. Claude street, with double tracks from Elysian Fields or Lafayette avenue to Alabo or Gordon street, to North Peters or river front, to the parish line at St. Bernard, over existing tracks wherever it may be neces- sary, back through Hancock street to St. Claude street ; of extending their tracks from their present terminus of Urquhart and Lafayette avenue, on LTrquhart street to Louisa, on Louisa street to St. Claude street, on lake side of St. Claude street to Lafayette avenue ; of ex- tending their tracks on Elysian Fields street, on the east or lower side, from Urquhart to St. Claude street ; of extending with double tracks on Bayou Road from Clai- borne street to Gentilly Road ; thence along Gentilly Road to People's avenue; of extending with double tracks from Elysian Fields street on St. Claude street to St. Bernard avenue ; thence with a single track on St. Bernard to Marais ; thence on Marais street to Hos- pital street; thence on Hospital street to St. Claude street; and the other track continuing on St. Claude to Hospital street, joining together in a double track on St. Claude to St. Peter street ; on St. Peter to Basin ; on Basin on neutral ground where practicable to Canal street to connect with existing tracks. T^a^ne / !enue ^^T. 2174. (2) Commencing on Delta, near the intersec- jiaiiroad. tion of Delta and Canal streets, on the north roadway of Canal street, thence to the north side of the neutral ground at Wells street, thence to the neutral ground of Rampart street, over existing tracks, thence to the north or lower side of the centre of Tulane avenue, thence to RAILROADS. 815 the station at Rocheblave street, thence to the south or upper side of the centre of Tulane avenue, thence to the centre of neutral ground of Rampart street, thence to the south side of the neutral ground of Canal street,, thence to South Front street, and thence on the south roadway of Canal street to the starting point, on Delta near the intersection of Delta and Canal streets, with privilege of extending with double tracks from their present terminus at Rocheblave and Tulane avenue through Tulane avenue on neutral ground to be estab- lished on Tulane avenue to Carrollton avenue, from, Galvez street to* Carrollton avenue, thence on river sida of Carrollton avenue to Bienville street, thence over existing tracks or roadbed on Bienville street to the Metairie road, on Metairie road over existing tracks or roadbed on Metairie road to a point near the bridge over the New Orleans Navigation Canal at the intersection of the Metairie road with the said New Orleans Navigation Canal, and on Hennessey or Murat streets, with double tracks, from Bienville street to the Metairie road, with privileges of extending with double tracks on Carrollton avenue on neutral ground from Tulane avenue to river front. Art. 2175. (3) Commencing at the intersection of South c a n a i air Front and Canal to Poydras street, thence with single Railroad, track on Poydras street to Fulton street, thence with a double track on Poydras street to Baronne street, thence over existing tracks on Baronne street to Lafayette street, thence with a double track on Lafayette street to Claiborne, thence on Claiborne neutral ground to Tulane avenue, thence with a track on each side of the market on Claiborne avenue, on the street, to Canal street, lower side, connecting with existing tracks, with a single track on Fulton street, from Poydras street to Canal street, and Canal street, upper side, to South Front street, with privilege of extending on Lafayette street or Poydras street, with double tracks from Claiborne street to Broad street, and thence on Broad street to Tulane avenue, to connect with existing tracks. The exercise of the hereinbefore enumerated privileges and. 81<4 RAILROADS. options, extensions, modifications and change of route, construction and operation thereunder, viz. : of extend- ing on Gentilly road from the Fair Grounds to People's avenue may be made, in whole or in part, at such times during the term of the existing and extended franchise as in the judgipent of the Canal & Claiborne Railroad Company may be requisite, while the exercise of the other hereinbefore enumerated privileges and options, extensions, modifications and change of route, construc- tions* and operation thereunder may be made, in whole or in part, at such times within five years from the date of the signing of the contract with the city of New Or- leans for the purchase of the extended franchise, as in the judgment of the Canal & Claiborne Railroad Com- pany may be requisite, with all the turnouts, switches, turntables, etc., that may be necessary; provided, that if any portion or part of the roadways herein provided for are not constructed or reconstructed within the period of years hereinbefore specified the grantee shall forfeit the right to build the same and the franchise herein granted shall be declared to that extent forfeited. Terms, con- 1. The bids shall be in current money of the United •ditions, etc. '' States, payable in cash, on the signing of the notarial contract hereinafter provided for. Assumption 2. luasmuch as the railroads above described, •m reversion. together with cars, fixtures and other appurtenances, are to revert to the city at the expiration of the present franchise of the Canal & Claiborne Railroad Company at an appraised value, to be ascertained as provided in said contracts, the purchaser or purchasers of the extension herein provided for agrees to assume said obligation, and pay the price that may be ascer- tained, in her stead, in addition to the regular bid. Should the present owner, the Canal & Claiborne Railroad Company, or her successor or assigns, become again the purchaser of these franchises, then the city shall be relieved of the obligation to acquire the proper- ty, subject to above right of revision, and the ownership of the said Canal & Claiborne Railroad Company, or assigns, shall continue uninterrupted. RAILROADS. 815 3. Every bidder for the purchase of said franchise shall, Qualifications as a condition precedent to the receiving of such bid by ° ' ' the City Comptroller, deposit with the City Treasurer in cash, the sum of fifty thousand dollars ($50,000), and shall, at the time of bidding, tile receipt therefor with the City Comptroller, showing that he has made such deposit. The deposits of all unsuccessful bidders shall be immediately returned to them ; that of the highest bidder shall be held as security that he will sign the contract in case his bid is accepted by the City Council, and pay the amount of his bid ; and in case of the failure of the successful bidder to sign the said contract and pay the amount of his bid, if accepted by the city, said fifty thousand dollars ($50,000) shall be forfeited to the city as liquidated damages. 4. The successful bidder shall be required, within contract and twenty days of the acceptance of the bid by the City''°"*^* Council, to enter into notarial contract before the City Notary, with the city of New Orleans, embodying all the terms and stipulations of this ordinance. 5. The motive power shall be the trolley system of Motive power, electricity or any other improved system of rapid transit, except steam, that may be hereafter approved by the Council. 6. All of the above lines of railroad shall Reconstruction, on neutral ground space be constructed with T or girder rail , and on paved or unpaved streets with girder or other improved form of rail that may be approved by the City Engineer, laid on cypress or oak ties', sound and free from sap, not less than five feet by eight inches by seven inches and not over three feet between centres, so as to make said lines of road first class in every re- spect. All pavements taken up for construction purposes on paved streets shall be relaid in same good order and condition as they were before. On unpaved streets the space between the tracks and one foot on each side of the rails shall be paved with tram and bond planking not less than three feet thick. On neutral ground no pavement shall be required. The purchaser of this franchise shall be obligated to pave on Tulane avenue 816 RAILROADS. with Belgian block upon a concrete base between the tracks of the company and one foot from the rail on each side from Rampart street to Galvez street. All work to be done according to lines and levels to be fur- nished by the City Engineer. Cars. 7^ Tiie cars shall be of the latest improved pattern and finish, and shall at all times be kept clean and neat and in good condition, and shall be provided with ven- tilators on the roof. Poles. 8. All poles shall be of iron on Canal street, Poydras street, Tulane avenue from Rampart street to Clai- borne street, Rampart street. Basin street, St. Claude street, west of Elysian Fields street, Lafayette street and Baronne street, all others to be of wood, of neat design, to be approved by the City Engineer, strongly and firmly set. They shall be painted and shall be located by the City Engineer. Wires. 9. All wircs shall be tightly strung and fastened, and except trolley and span of supporting wires well insu- lated. Time of run- 10. Cars shall be run as often as purchaser may deem ning cars. proper, but uot at greater intervals than one every ten minutes from daylight to 10 P. M., one every fifteen minutes from 10 p. m. to midnight, and one every hour thereafter. Fares. H- The fare shall be five cents for continuous ride oi any distance between terminals in one direction, except from 12 o'clock midnight to 5 o'clock a. m., during| which time the fare shall be ten cents. Care of streete. 1^. The purchascr, or his assigns, shall during thel continuance of these franchises, keep in good order and] repair all streets through which these lines run between] the rails and for one foot on each side of the said rails. Railroad cross ^^' ^^ points where these tracks cross other tramways •: ings. or steam railroad tracks, crossings shall be constructed] of steel, made in such manner as to form a continuous j rail for each rail of each track. Plans of such crossings] shall be submitted to and approved by the City En-| gineer, and the cost and maintenance thereof shall bej governed by the provisions of Ordinance No. 6547, C. S RAILROADS. 817 14. The speed of cars shall not exceed fifteen miles speed. per hour, except on neutral ground, where it may be twenty-five miles per hour. i 15. The purchasers shall be obligated immediately Purchase of the and with all due diligence to construct, reconstruct, re- ciaiborne*R. equip and operate all the above lines of railroad, in ac- ^" ^°' cordance with the above specifications, modifications and additions, except as herein provided for. Such work of construction and reconstruction shall begin within ninety days after the signing of the contract with the city, or the assignment thereof by the purchaser, and shall be completed within time mentioned in these specifications. If the said company is not the purchaser, or does not become the assignee of the purchaser, then and in that case the purchaser shall be compelled to be- gin within ninety days such work only, and to construct, operate and maintain the same as provided in the speci- fications, and as comprised in the extended routes and new lines provided for in this ordinance : and such pur- chaser in such event shall be bound to assume and to comply with the obligations of the city of New Orleans toward the Canal & (Claiborne Railroad Company upon the expiration of its present franchise as provided by existing ordinances. And in the event that the Canal & Claiborne Rail- road Company becomes the purchaser or the assignee of the franchises herein provided for, then and in that case, in order to secure the immediate construction and operation of the new lines of street railway, to secure more rapid and better service to the public and to secure the extension of existing lines as herein provided for at once, the said Canal & Claiborne Railroad Company shall have the right to construct and maintain and operate at once any and all lines as herein specified and shall not be compelled to maintain and operate any other than those herein provided ; and the said company is released and relieved from the maintenance and operation of street railway upon any other routes or upon any other streets than such as are provided for in the extended franchise ; ' ' where existing lines of straight track are 818 RAILROADS. not reconstructed the purchasers of the extended fran- chise shall remove rail and replace that portion of street paving in flrst-qlass condition." Keversion of 16. At the cxpiratiou of the aforesaid franchise, to- property. ^.^ ^ ^^ ^^^ ^^^ ^^^^ ^^ May, 1962, the said railroad tracks, rolling stock, equipment, fixtures, real estate, barns, structures shall revert to the city of New Orleans, on a valuation to be ascertained by two disinterested persons, one to be appointed by the city of New Orleans and the other by the purchaser, or his assign ; and in the event of a disagreement between the said persons thus appointed as to said valuation a third person or umpire shall be appointed by the Civil District Court or its law- ful successor, and the decision of said umpire shall be final. Compensation 17. Wheucvcr any part of these franchises run over ' the existing lines of any other company the purchaser shall pay the owner of such lines one-half the cost of constructing the same, and shall further pay propor- tionate cost of maintenance, based upon the number and character of cars operated over said tracks, as compen- sation for the use of said tracks. And whenever' trolley poles and span wires are already in use on streets trav- ersed by these lines, the purchaser of these franchises shall not erect new poles and span wires, but shall use those already erected on paying therefor one-half the cost of construction and one-half the cost of mainten- ance. Switch track. 18. The purchaser shall have the right to construct, maintain and operate switch tracks or connection with any of the steam roads entering the city of New Orleans, crossed by its track for the transportation of coal over its tracks to the power-house, or construct, maintain and operate a switch track through such streets as may be designated by the Council for the above purpose. Trimming 19. The purchascr or assignee shall have the right *'^*'^" and privilege to trim trees along its various routes, or cut the same, as the exigency of the service may re- quire, under the supervision of the City Engineer. 20. The purchaser of said franchise shall have the RAILROADS. 819 right to assign and convey the same, or any portion Right to as- thereof to any person or corporation competent to hold and exercise the same. Should any unpaved street through which the pur- chaser of this franchise should operate be ordered paved by the City Council, the purchaser of this franchise shall pay their pro rata of cost of paying between the rails and twelve inches on the outside of each rail. Art. 2176. Whereas, by the contract of franchise Rearranging entered into between the city of New Orleans and the weus to M^ga- Canal & Claiborne Railroad Company, on the 30th day ord.No!*i 1,239, of December, 1887, in pursuance of the resolution of the * sept. 3, 1S95. City Council, approved 22d December, 1887, and con- firmed by Ordinance 2698, C. S., the various lines were made to start from intersection of Wells and Canal streets, and in the fifth specification of the contract the gauge was fixed at 5 feet 2 inches and % of an inch in width, and the tracks of the said railroad company have been laid and constructed upon said gauge ; and Whereas, the requirements of the public convenience change of and better carrying out of said contract in its entirety ^*"^** 15, by the said railroad company demand that the said railroad company shall be authorized and permitted to change and alter said gauge, to run their cars to Delta street ; and for the benefit of commerce that the tracks now located in the middle of the roadway from Maga- zine to Wells street, on south side of Canal street, and from Wells to Decatur street on the north side of Canal, be rearranged and located under plans and specifications of the City Engineer ; and Whereas, it is conducive to the public convenience and to the better carrying out of said contract that the said railroad company be permitted to make alteration in the gauge of its tracks and run its cars to Delta street, and to rearrange their tracks. Art. 2177. That the said Canal & Claiborne Railroad Company, in consideration of their acceptance and wil- lingness to conform to the plans and specifications of the City Engineer, in the rearrangement of their tracks, and its removal from the centre of the roadway, from 820 RAILROADS. Magazine to Wells street, on the south side, and from Wells to Decatur street, on the north side, as per plans attached, with all the sidings and switches necessary, be and are hereby authorized, empowered and permitted to Change ofchangcthc gauge of its tracks to the standard gauge, guage. ^^^ ^ ^^^ width of 4 feet 8>^ inches upon such portion of the route included in its franchise as may to the said railroad company be deemed necessary and convenient to the purposes of its business in the carriage of passen- gers, and to retain the original gauge in such portions of its route as may not, for the purposes of its business, require alteration ; and that they be permitted and are hereby authorized and empowered to run their cars on Canal street to Delta street. Art. 2178. By the contract of franchise entered into Designating bctweeu the city of New Orleans and the Canal & Clai- 1 a n e Avenue bomc Railroad Company on the 30th day of December, Metairie ^oad. 1887, In pursuaucc of the resolution approved December ord. No. 11.405,22^ 1887, and confirmed by Ordinance 2698, C. S., the Oct. 1,1895. Route from Canal & Claiborne Railroad Company has the right and privilege expressed in section 1, Article 3, of said con- tract, of extending a double track from their present terminus at Rocheblave and Tulane avenue, and such other streets as may be designated by the City Council, except Canal street, to the Metairie road. Art. 2179. That in pursuance of the provisions of Tulane avenue. lb. New Orleans and the Canal & Claiborne Railroad Com- pany, entered into on the 30th day of December, 1887, and confirmed by Ordinance 2698, C. S., that the fol- lowing streets are hereby designated : With a double track from their present terminus at Rocheblave am Tulane avenue, through Tulane avenue to Carrolltoi avenue, on river side of Carrollton avenue to BienvilU street, over existing tracks of roadbed on BienvilU street to the Metairie road, on Metairie road, over ex* isting tracks or roadbed on Metairie road to a poini near the bridge over the New Orleans Navigation Canalij at the intersection of Metairie road with the said Nei Orleans Navigation Canal, and on Hennessy or Mui RAILROADS. 821 street, with double tracks from Bienville street to the Metairie road. NEW ORLEANS CITY & LAKE RAILROAD. Art, 2180. Whereas, the city of New Orleans has ^. . ' •' City Attorney obtained iudgment against the New Orleans City &^° enforce and «' '^ ^ - execute j u djK - Lake Railroad Company compelling said corporation tomeni.^^ ^^ put and keep in proper condition the streets through c. s. ' ' ' which its tracks pass within the city limits, as enun- ciated in 42 An. 550, and affirmed by the Supreme Court of the United States, as reported in 157 United States Reports, p. 219 ; Whereas, said corporation furnished a bond of ap- peal in that case to the amount of $100,000, conditioned that it would comply with whatever judgment should be given. Whereas, said corporation has not at all complied with said judgment, although rendered over six months ago ; therefore, be it resolved, Art. 2181. That the City Attorney be and he is here- city Attorney by directed to enforce and execute said judgment as pro- me^nt!*^" *""" ^ vided for by section 2 of Act 133 of 1888, without fur- ther delay ; and to report the results of his action in the premises to the Council as early as possible. Levee and Barraclts Line. Art. 2182. (1) That the adjudication by the Comp- saieofprivi- troller, pursuant to Ordinance No. 6033, of the "right ot^way*"*^"^''' of way to establish a railroad on New Levee street, from j^J^'.^^'. Canal street to Delery street, and other purposes," to the New Orleans City Railroad Company — securities, Messrs. Hart, Wintz and P. Irwin — for the bonus of ninety- six thousand dollars, be and the same is hereby approved, the securities accepted and the Mayor au- thorized to enter into contract, per act before the City Notary, for the faithful performance of the contract, in conformity with the terms and conditions of the afore- said Ordinance No. 6033, approved May 8, 1862. Art. 2183. (1) A double track railway, commencing on the neutral ground on Canal street at its junction 822 RAILROADS. Route. with Magazine and Old Levee streets, thence to extend May', 1862. as follows : The left-hand or down track to be laid np jJne, 1832. Canal street to New Levee street, down New Levee Aug.', i'86s'. street to Lafayette avenue, down Lafayettee avenue to jan.jis^.* Royal street, down Royal street to Bartholomew street, May,' 1866. down Bartholomew street to a junction with the present March^.'i867. right-hand track on Dauphine street, down said track on June, 1867. Dauphine street to Caflfin's lane, up Caffin's lane to juiyi 1869. Levee street, down Levee street to Delery street, down Delery street to Dauphine street, thence up the present track on Dauphine street to Poland street, down Poland street to Rampart street, up Rampart street to Mazant street, up Mazant street to Chartres street, up Chartres street to Lafayette avenue, up Lafayette avenue to Levee street, up Levee street to Canal street, and thence down Canal street to the neutral ground at the intersection of Magazine street, materials', 'e'^tc!' ^^^T. 2184. (1) The coutractor shall be bound to con- May *?42. struct through and in the centre of the above-named streets, within the time specified, double-track railroads. The tracks shall be five feet two and five-eighths inches gauge. The rails shall be of the same pattern as those used on the Camp, Magazine and other city railroads. The material for the construction of the roads shall be of the best quality and shall have the following dimen- sions, to-wit : The crossties shall be of yellow pine, six by eight inches, and eight feet long, and the string pieces of yellow pine, five by eight inches. The paving of the streets, where the same are already paved, shall be taken up, the streets shall be graded to the grades to be established by the City Surveyor, and shall receive a layer of four inches of London gravel, which shall be perfectly well rammed until it forms a hard foundation, and the crossties shall then be laid at distances of two feet apart. On the top of the said crossties shall be placed the string pieces, and on top of said string pieces the iron rails shall be placed. The rails shall not weigh less than forty-five pounds to the yard. The paving of the streets shall then be relaid by the contractor in the best workmanlike manner and to the entire satisfaction RAILROADS. 823 of the City Surveyor. Wherever the streets are not yet paved, the lines of the tracks within the rails shall be paved either with round stones or with four by five inch scantling in the best workmanlike manner, and the space between the lines of tracks and the gutters of the streets shall be planked with yellow pine planks three inches thick, laid on stringers four inches thick by eight inches wide ; the timber used as above mentioned to be - of the first quality, and to the entire satisfaction of the City Surveyor. Art. 2185. The cars shall be of the same description cars, etc. as those now used on the other city railroads. They shall be drawn by horses or mules, and if more than one horse or mule be used for each car they shall be driven abreast. The cars shall be run as often, per day and night, as the contractor may deem proper, but not at greater intervals than every ten minutes, from day- light until 10 o'clock P. M., and every thirty minutes Sp^^d. from 10 p. M. until midnight. The speed of the cars shall not exceed six miles per hour. All cars that may j^jghts, be run on said railroads, between sunset and daybreak, shall be provided with a good and ample head and rear light, placed in a conspicuous place and position on the outside of the cars, and for the violation of this or any penary, ordinance now existing, or that may hereafter be en- acted, on the part of any officer or employee on said roads, the contractor shall be liable to a fine of twenty - five dollars for each and every offence, besides all dam- ages arising therefrom. Art. 2186. The contractor shall be bound to keep in streets to be good repair and condition, during the continuance ofo,^er! '" ^*'°'* his privilege, the paved and unpaved streets through which the said tracks pass, as well as the bridges on said streets ; and should the contractor refuse or neglect to keep said bridges in good repair and condition, the city shall have the right to cause said streets and bridges to be repaired at the expense of said contractor ; and in the event of his refusal to pay for same the amount shall be recoverable before any court of competent juris- diction, for the benefit of the city. S24 RAILROADS. Commence- Art. 2187. The Said roads shall be commenced within mem and com- pletion of road, gjx months after the termination of the war with the United States, and shall be completed one year after. Sufficient cars. ^RT. 2188. The contractor shall be bound to furnish and place and keep on said roads a sufficient number of passenger cars, to be drawn by horses or mules, as aforesaid, so as to make trips up and down said - roads as hereinbefore required ; and shall also pro- vide for all materials, labor, etc., required for the con- struction and maintenance of said roads. ToopenMon- Art. 2189. (1) The city of New Orleans shall be *as!6o33. bound, immediately after the approval of the contract, to institute legal proceedings for the opening of Moreau street, from St. Ferdinand to Moutegut street, and for the widening of Levee street, from Poland street to the lower limits of the property belonging to the Ursuline nuns, the costs of opening and widening said streets to be paid by the city of New Orleans. See Ordinances 144 and 247, New Series. City not re- Art. 2190. (2) The city of New Orleans shall not be *Po?s!'te33. responsible for any work or materials furnished these May, 1862. j.Qa(jg . and every outlay and expense thereon, either for the construction, repairs or any other expense, of what- ever kind, shall be borne by the contractor. Security. Art. 2191. (3) The coutractor shall f umish good and solvent security, satisfactory to the Common Council, in the sum of ten thousand dollars, to guarantee the faithful performance of his contract. Fare. art. 2192. (4) The fare between Canal and Delery streets, or for any distance between these points, shall not exceed five cents either way. Annual tax. Art. 2193. (5) The coutractor shall pay annually into the City Treasury, upon the assessed value of said roads and fixtures, the annual tax levied upon real es- tate, and the value of said road and fixtures shall be • assessed by the usual mode of assessment. Right of rever- Art. 2194. (6) The Said railroads, cars, fixtures and ^'°"' their appurtenances shall revert to the city at the expi- ration of sai& twenty years' privilege on a valuation to be ascertained by two disinterested persons, one to be RAILROADS. 825 appointed by the eontraetor and the other by the city, and in the event of a disagreement as to said valuation between said persons thus appointed, a third party or umpire shall be appointed by one of the district courts, the decision thereby had to be final. Art. 2195. (7) That permission be and is hereby To construe ^ ' ^ "^ double tracks granted to the New Orleans City Railroad Company to o n d e i e r y x^onstruct a double track railroad from the terminus of a. s. 16S2. July, 1872. the Levee and Barracks Road, on Delery street, over the levee, road or street to the Crescent City Live Stock Landing and Slaughterhouse Company's premises ; pro- vided, that said railroad is constructed under the super- vision of the Administrator of Improvements and the Surveyor of the city of New Orleans. Art. 2196. (8) That the said railroad company shall^^st^'-«ts to be keep the streets over which the extension is to be made °^^^'' in good repair from curb to curb; and it is well under- stood that the city does not agree to purchase said ex- tension either before, on or after the expiration of the privilege on any terms. jCAMP AND PRYTANIA, CAMP AND MAGAZINE, RAMPART AND ' DAUPHINE; CANAL, METAIRIE ROAD AND BAYOU ST. JOHN, ESPLANADE AND BAYOU BRIDGE LINES. Art. 2197. (1) That in consideration of the bid ^^^'f ^^J/^^^;;: ot the New Orleans City Railroad Company, of^Jf^^^^^°' "»*^* $630,000, for the franchises and right of way of the oct ; fsTt-' following city railroads, to-wit: Camp and Prytania, Camp and Magazine, Rampart and Dauphine, Canal street and Metairie road and Bayou St. John, Esplanade fl,nd Bayou Bridge, was the highest ; and in further con- fiideration, that the said company agree to pay the amount of their said bid in cash ; that the said franchise and rights of way be and they are hereby adjudicated io said company, and that the Mayor be authorized and instructed, on payment of said amount, to sign a con- tract with the said New Orleans City Railroad Company, by notarial jact, before the City Notary, for the sale and delivery of said franchises, according to specifications on file in the office of the Administrator of Commerce. 826 RAILROADS. Notarial act Art. 2198. (1) That in consideration of the forego- of transfer by. ^ , .^, ^ ,. , , . , . , , , the Mayor. ing, and Dj virtue oi the power in him vested by the Oct.,' 1879.' resolution, No. 6148, A, S., the said Mayor, I. W. Pat- ton, declared that he does by these presents, in his said capacity and for and on behalf of the city of New Orleans, grant, bargain, sell, convey, transfer, assign and set over unto the said New Orleans City Railroad Company, the said Frederick Wintz, as president aforesaid, ac- cepting and purchasing for and in the name of the said New Orleans City Railroad Company, and acknowledg- ing due delivery and possession of all the property, cars, fixtures and other appurtenances thereunto belong- ing or in anywise appertaining : Art. 2199. The right of way and franchises on the following railroads, to-wit : Routes. (a) Camp and Prytania and Camp and Magazine streets lines, for the full term and period commencing on and to be computed from the third day of February, 1880, and to end on the first day of January, 1906. (&) Rampart and Dauphine, Canal and Metairie Ridge to Bayou St. John, and Esplanade and Bayou Bridge lines, for the full term and period commencing on and to be computed from the second day of July, 1880, and to end on the first day of January, 1906. To have and to hol^ the said right of way and fran* chises of the said railroad lines, and the right of revei'" sion of the city to purchase all the property of each line, unto the said New Orleans City Railroad Company, its successors and assigns, transferees and vendees, for the full term and period hereinabove fixed and determined by these presents. Specific a- Art. 2200. (2) This sale is made and accepted in accordance with the specifications on file in the office of the Administrator of Commerce, which said specifica- tions are in the words and figures following, to-wit : Specifications concerning the sale of the right of way andj^ franchises, for a term of years expiring on the first day oj January, 1906, as per Ordinances Wos. 4968 and 5020, Administration Series, hereunto annexed^ of the following tions. RAILROADS. 82T street railroads of the New Orleans City Railroad Company, to-wit: SECTION FIRST. Camp and Prytania streets line, Camp and Magazine; streets line. SECTION SECOND. Rampart and Dauphine, Canal street and Metairie road to Bayon St. John, Esplanade and Bayou Bridge, the Camp and Prytania, Camp and Magazine, and Rampart and Dauphine street lines expire on the third day of February, 1880. (See Ordinance No. 4945.) The Canal street and Metairie road, and the Espla- nade and Bayou Bridge lines expire on the second day of July, 1880. (See Ordinance No. 5244.) The above-mentioned roads run on the following; streets : The Canip and Prytania and Camp and Magazine Lines.. Art. 2201. Three tracks on Canal street from St.. Charles to Camp street ; single track on Canal street, from Magazine to Camp street ; single track on Maga- zine, from Canal street to St. Andrew street; double- track on Magazine, from St. Andrew to Toledano street,, double track on Prytania, from Poeyfarre to Toledano street ; single track on Camp street, from Poeyfarre street to St. Andrew street ; single track on Poeyfarre street, from Magazine to Camp street; single track on Toledano street, from Camp to Prytania street. As amended August, 1879, A. S. 6109, and June, 1881, A> S. 7127. Ramjyart and Dauphine Street Lines. Art. 2202. Double track on Rampart street, from Canal street to Esplanade street ; a single track on Dau- phine street, from Esplanade to Poland street ; a single track on Rampart street, from Esplanade to Poland street ; a double track on Dauphine street, from Poland street to Caffin's lane ; a single track on Dauphine street,, from Caffin's lane to Delery street, with the right of a. double track. 828 RAILROADS. Canal Street and Metairie Road to Bayou St. John. Art. 2203. A double track on Canal street, from Oarondelet street to Metairie road, along Metairie road to New Canal ; four tracks on Canal street, from St. Charles to Carondelet street ; double track on Metairie Ridge from New Canal to Carondelet Canal, or Bayou St. John. Esplanade and Bayou Bridge Lines. Art. 2204. Double track on Esplanade street, from Rampart street to Bayou St. John; double track on Esplanade street, from Levee to Rampart street. (See Ordinance No. 2518.) [All these rights revert to the city at the expiration of the twenty years, to-wit: from the third day of February and the second day of July, 1880. Subject to the following terms and conditions, to-wit : To pave streets («) The purchascr or purchasers shall be bound to orde^r.''^^'' "* kccp the pavcd and unpaved streets through which said tracks pass, as well as all the bridges on said streets, in good repair and condition from curb to curb, during the continuance of their privilege and right of way. Intersections. (6) They shall, ou proper notification from the Ad- ministrator of Improvements and the City Surveyor, raise, repair and repave any and all intersections of streets when required, upon lines and levels to be fur- nished by the City Surveyor. Towidenand (c) They shall bc required to wideu and deepen anv deepen culverts v / ./ ^ f . andsiuices and or all culvcrts and sluices, to such dimensions as may be build bridges. required and directed by the City Surveyor. They shall be required to keep all bridges in repair and make new ones when required by the Administrator of Improve- ments and the City Surveyor, on all the streets through which their lines pass. Tracks to be (^) The Uncs of Said tracks within the rails shall be paved. paved with round stone, except where square stone pavements exist or may hereafter be made, in which case the material shall be used for paving within rails. When the paving of the streets, where the same are RAILROADS. 829 paved, as well as the shelling of the streets, where the same are shelled, shall be taken up for the purpose of repair, they shall be replaced in the same condition as formerly, and the streets graded to a proper grade, to GraCe. be furnished by the City Surveyor, Wherever the streets are not yet paved the lines of the tracks within the rails shall be paved with either round stones or with four by five inch scantling, in the best workmanlike manner, and the space between the lines of track and the gutters of the streets shall be planked with yellow pine planks, three inches thick, laid on stringers four inches thick by eight inches wide ; the timber used to be of the best quality, and to the entire satisfaction of the Admin- istrator of Improvements and City Surveyor. The rails j^ ^^j, shall be of the same pattern as those now in use. The <=rossties crossties shall be of yellow pine, six by eight inches, and eight feet long ; the string pieces of yellow pine, five by eight inches ; all of the best quality of lumber, and to the entire satisfaction of the Administrator of Improvements and City Surveyor. Art. 2205. Should the purchaser or purchasers, at any time, refuse to comply with any or all the require- ments of these specifications, or fail to comply with the notifications of the Administrator of Improvements and the City Surveyor, or refuse or neglect to keep the streets and bridges in good order and condition, he or they, or their authorized representatives, shall be sub- ject to a fine of twenty-five dollars or thirty days' im- prisonment for each and every offence, at the discretion of the court ; said fine to be recoverable before the Re- corder of the municipal district in which the offence was committed. Art. 2206. The fare on the Camp and Magazine line, between Canal and Toledano streets, or for any lesser distance between these points, shall not exceed five cents per passenger, either way, except as hereinafter provided. The fare on the Camp and Prytania line, between Camp and Toledano streets, shall not exceed five cents per passenger, either way, except as hereinafter pro- vided. Penalty.1 830 RAILROADS. The fare on the Rampart and Dauphine line, between Canal and the United States Barracks, shall not exceed five cents per passenger, either way, except as herein- after provided. The f^re on the Canal street and Metairie road line, from neutral ground on Canal street, between Carondelet and St. Charles to Metairie ridge or cemeteries, shall not exceed five cents per passenger, either way, except as hereinafter provided. The fare on the Esplanade and Bayou Bridge line, from Canal street to Bayou Bridge, shall not exceed five cents per passenger, either way, except as hereinafter provided. They shall further be allowed to charge five cents from the New Canal to Bayou St. John, on the Ridge line. Cars. Art. 2207. The style of ears used to be the same as those now in use, unless some improved and advantage- ous pattern is introduced during the existence of this contract, when, upon application to and approval by the Council, the same may be changed. Motive power. Art. 2208. The cars shall bc drawu by horsc Or mule power, and if more than one horse or mule be used for each car they shall be driven abreast, ng Art. 2209. Said cars shall be run as often during the) day or night as the purchasers may deem proper, but not at greater intervals than every ten minutes from daylight to ten o'clock p. m., and every fifteen minutes, from ten o'clock until half-past twelve o'clock, a. m., and every hour, thereafter until daylight, on the Camp \ and Magazine, the Camp andPrytania, the Rampart and Dauphine, to Poland street, the Esplanade to Bayou j Bridge, and the Canal and Bridge line to Broad streetj station. For each and every fare after half -past twelve] o'clock they shall be allowed to charge twenty-five] cents. X. Art. 2210. Said purchaser or purchasers shall an- nually pay into the City Treasury upon the assessed value of said road and fixtures • the annual tax leviedj R u n n flours. RAILROADS. 831 upon real estate ; the value of said road and fixtures to be assessed by the usual mode of assessment. Art. 2211. The speed of said cars shall not exceed six speed, miles per hour. All cars that may run on said railroads between sunset and daybreak shall be provided with a good and ample headlight, placed in a conspicuous posi- Headlights tion in and on said cars, and for the violation of this or any other ordinance now existing, or that may hereafter be enacted, in accordance with the provisions of these specifications, on the part of any officer or employee of said roads, the purchaser or purchasers shall be liable to all fines and damages arising therefrom. Art. 2212. The city binds herself to transfer to the Transfer of purchaser or purchasers of tlie franchises of the New siln! ° Orleans City Railroad, as herein set forth, the right of reversion which the city now has, to purchase all the property, cars, fixtures and other appurtenapce^ of each line at an appraised value, in accordance with the fol- lowing section of their present value, to- wit: Art. 2213, The said railroads, cars, fixtures and other Right of re appurtenances shall revert to the city at the expiration ''*'"'*'°"' of the said twenty years' privilege, on a valuation to be ascertained by two disinterested persons, one to be ap- pointed by the purchaser or purchasers and the other by the city ; and in the event of a disagreement as to said valuation between said persons a third party or umpire shall be appointed by one of the district courts, the de- cision thereby had to be final. Art. 2314. The rights of way are for street railroads Passengers , only. carrymg passengers only. Art. 2215. It is understood that the purchaser or pur- Turnouts and chasers are allowed to make such turnouts and crossings ^ "^*" as may be necessary on the streets through which they have the right of way on lines and levels to be furnished by the City Surveyor. Art. 2216. The city of New Orleans binds herself not Exclusive to grant, during the period for which said franchises are "^^^' sold, a right of way to any other railroad company upon the streets through which said right of way is hereby sold, unless by mutual agreement between the city and the purchaser or purchasers of these franchises. 832 RAILROADS. No change Art. 2217. The purchaser or purchasers are not to change any of the tracks from the. lines and levels now existing, without the consent of the City CounciL Running of ^rt^ 2218. Thc citV rcservcs the right to limit the steam trains. '' ^ running of steam trains on Canal street to any part where the Council may deem it expedient and necessary in the interests of the property holders or the commu- nity at large. Confirmation Art. 2219. (1) That whcrcas, the Mayor has informed of contract. ^ ' ? ./ A.s. 6i6o. the Council that he has signed the contract adjudicating the right of way on Camp and Prytania, Camp and Magazine, Rampart and Dauphine, Canal street and Metairie road, Bayou St. John and Esplanade and Bayou Bridge to the City Railroad Company. Art. 2220. (2) That the action of the Mayor in sign- ing said contract be and the same is hereby approved ; that the adjudication made to the City Railroad Com- pany by the Council, as per Ordinance No. 6148, A. S. , and the contract signed by the City Notary in compli- ance therewith, be and the same is hereby confirmed, ratified and approved. Run dummies Art. 2221. (1) That pcrmissiou be and is hereby from station to \/ ^ , ^. t^ •, -, >, lake. granted to the Isew Orleans City Railroad Company to June, 1S76! run steam dummies from the depot on Canal street, be- tween White and Dupre streets, to the end of the road at the lake ; this permission to be revocable at the pleasure of the Council. Conductors on Art. 2222. (1) That from and after the passage of a!s?6.i;T8"^" this ordinance the New Orleans City Railroad Company June, I o. ^^ required on Sundays and excursion days to have at least one conductor for every two cars attached to the dummy engine, whose duty it will be to prevent any of the passengers from standing on the platform of any of Penalty. ^hc cars whilc in motion. That for each and every vio- lation of this section the company so offending shall be fined in a sum not to exceed twenty-five dollars, recover- able before any court of competent jurisdiction, stand on Art. 2223. (3) That permission be and is hereby Seam teainl.^°' granted to the New Orleans City Railroad Company to fw^, flso! establish a stand for their steam train on the neutral RAIIiROADS. 833 ground on Basin street, between Canal and Common streets, at such point as may be designated by the Ad- ministrators of Commerce and Improvements and the City Surveyor. Art. 2224. (4) That the New Orleans City Railroad to erect aepot Company be and is hereby authorized to erect a depot at the point designated, and to construct such tracks, switches, and turntables as may be necessary ; provided, that the plans and specifications of the above-enumerated work be approved by the Administrators of Commerce and Improvements and the City Surveyor. Art. 2225. (5) That in the event of the non-accept- xon-accep- ance by the New Orleans City Railroad Company of the permission to establish a stand on the neutral ground on Basin street, then permission is hereby given to said Permission to company to run their steam trains to the wood side of [rain. Basin street, on Canal street. Art, 2226. (6) That this ordinance shall go into ^^"g^^'g-^ eifect and have full force on and after the first day of J"b-. '^^^c- October, 1880, and that there shall be imposed a fine of twenty-five dollars, collectible before any court of com- petent jurisdiction, for each and every day the said company shall run their trains in contravention of the provisions of this ordinance. Art. 2227. Whereas, the New Orleans City Railroad Company, owners of the Canal Street & Lake Railroad, has signified its acceptance and desires to avail itself of the provisions of Ordinance No. 6528, A. S. Art, 2228. (1) That permission be and is hereby To extend track granted it to extend its tracks up and over Canal street, pot. and on the neutral ground on Basin street, as per para- Nov!, isso. graphs Nos. 5, 6 and 7 of said ordinance, and to erect its depot; provided, that the said company obligates and binds itself to station a flagman on the curve from the neutral ground on Canal street to Basin street ; pro- vided further, that the said company binds itself to re- pair and to keep in good order and repair, from gutter to gutter, including the neutral ground, all bridges over the drainage canals on Canal street, from the Metairie ridge to Basin street ; provided further, that the said 834 RAILROADS. company, through its proper officers, accept and agree to the provisions of this ordinance within five days from the date of its promulgation. Conditional Art. 2229. (1) That the scctiou of Ordinance 6528, repeal. ^ ' ' Mar'^i^V adopted June 15, 1880, revoking the privilege granting the New Orleans City Railroad Company permission to extend their tracks on the neutral ground on Canal street to Carondelet street be and is hereby repealed ; provided , said company shall remove their switch or switches now on Canal street, between Dryades and Baronne streets, and place the same at the intersection of Basin, in the block between Franklin and Basin streets, and shall lay a single track in the centre of said neutral ground from Basin street to connect that part of the track corner of Canal and Baronne streets; provided, the plans and specifications of the above-enumerated work be approved by the Administrators of Commerce and Improvements and the City Surveyor. These privileges to remain dur- ing the pleasure of the Council. Fmr'GroCndl° ^^T. 2230. (1) That the New Orleans City Railroad ^°^^-'*^°- 7725, have leuve, and they are hereby authorized and em- Aprii 4, ii:82. powered to lay and construct, vmder the supervision and direction of the City Surveyor, a double or single track of rails between their present line, and said grounds, similar in character and kind to their present line, and to operate their cars over the same by horses or mules, and at such time as they may judge tit. Such track oi- tracks to run from the present line of said company through Encampment, Fortin and Mystery streets to said Fair Grounds, and with the consent of said New Louisiana Jockey Club to any point within the same. This privilege or franchise is to continue until the ex- piration of the charter of said railroad company, and no extra charge is to be made for the use of this exten- sion of said road by persons traveling over the same between the city and said Fair Grounds. Streets and Art. 2231. (2) That the Said City Railroad Company, Bridges. ^^ transferees or assigns shall keep the streets and bridges through which said route passes in good order and condition, the said road to be laid according to grades, RAILROADS. 835 lines and levels to be given by the City Surveyor, and be finished to the satisfaction of the Administrator of Improvements and the City Surveyor. Art. 2232. (1) That the New Orleans City Railroad Track on toIc . i-T 1 -1 dano street. Company be and is hereby authorized to lay a single a.s. 471. track on Toledano street, from Camp street to Prytania street, so as to connect the Magazine and Prytania street lines of railroad tracks on said Toledano street ; provided, that this privilege shall continue during the pleasure of the Council of the city of New Orleans, and that the track be laid in such manner as the Adminis- trator of Improvements shall specify. See Ordinances, O. S., Xos. 4364, 4474, 4733, 5230, 5573, 5778, 5825, 5861; N. S. 606; A. S. 471, 1682, 2518, 3565, 3617, 4566, 4968, 5020, 5079, 6109, 6111, 6148, 6160, 6316, 6528, 6570, 6731, 6891. Extension of Camp and Prytania Lines. Art. 2233. (1) That the right of way, franchise or Right of way. privilege of constructing, running, operating and main- fin.\ fssa. taiuing as an extension of their Camp and Prytania car lines a double-track street railroad through the follow- ing - named streets, with all necessary turntables, switches and turnouts, be and the same is hereby granted to the New Orleans City Railroad Company, or its assigns, for a term equal to the remaining number of years of their present franchise, which expires on the 1st day of January, 1906, according to the conditions and stipulations hereinafter stated. Art. 2234. (2) That this right of way, franchise or streets, privilege shall commence from the junction of Prytania March, IS83. and Toledano streets, connecting with their present Prytania street tracks, through Prytania street to Up- perline street, through Upperline to Pitt street, through Pitt to Soniat street, by double tracks, through Pitt street from its junction with Soniat street to Dufossat street by single track, through Dufossat street by single track to Boudousquie street, and to a point between Boudousquie street and St. Charles avenue, on Dufossat street, by double tracks, and from the junction of Soniat and Pitt streets, through Soniat to Bodousquie streets 836 RAILROADS. Materials. C. S. 54. Jan.. 1S83, Stringers Tie-rods Crossini bridge s a r culverts. by single track, and through Boudoasquie street by single or double tracks to Peters avenue, it being well understood that the above amendments shall be subject to all the conditions contained in said original Ordinance No. 54, C. S. Art. 2235. (3) That the material used in the con- struction of said road shall be as follows : (a) The crossties shall be of the best quality of cypress or upland pine, eight (8) feet long, hewn or sawn on two opposite sides ; having not less than ten (10) inches of face and seven (7) inches of uniform thickness ; they shall be notched two inches in depth for insertion of stringers, and their distance apart shall not be more than four (4) feet from centres. (&) The stringers shall be of the best quality of milled pine, of not less than five (5) by nine (9) inches, and not less than twenty (20) feet long; they shall be fastened to each crosstie inside and outside by spiked wrought iron knees, half ( -2) an inch thick, two (2) inches wide and each part of knee six (6) inches long. (c) The stringers shall be fastened by tie rods five- eighths (%) of an inch in diameter, and be of sufficient length, having heads, threads and nuts and placed throughout every ten (10) feet apart. (d) The rails used on this line of road shall be the flat rail, five (5) inches wide, resting on suitable chairs at their ends, and shall be well spiked with six (6) inch wrought iron spikes. The entire space between the rails and tracks shall be transversely planked with 3x12 inches milled pine, and along the two (2) outer sides of the tramways throughout this route shall be placed, closely to the stringers and on a level with the top of the rail, one plank not less than 3x12 inches in dimen- sion. . Art. 2236. (4) That it shall be the duty of the said railroad company to construct all crossings, bridges and culverts and wings of same, which in the opinion of the Commissioner of Public Works and the City Surveyor are at any time needed, and to keep the said streets, between the banquette curb lines, including all plank- RAILROADS. 837 iiigs, crossings, bridges, culverts and wings of same, and also all the intersections of the streets of this route at all times in good roadway order and condition, sub- ject to the approval of the Commissioner of Public Works and City Surveyor. Art. 2237. (5) That the upper terminus of this ex- ^ upper termi- tension shall be at any point the said company may select ^ between Peters avenue and Souiat street ; in other words, just where their stables, shops and car-houses may be constructed, according to existing laws and ordinances. Art. 2238, (6) That mules or horses shall be used as Motive power the motors of this line, and shall, when upon the road, *" ^^^^ * be belled with the usual car bell, and not be driven at a greater rate of speed than six miles per hour, and in no case shall steam or other motors, than herein speci- fied, be used by this company, unless by consent of a majority of the property holders residing along this route, and the concurrence of the Council of this city. Art. 2239. (7) That the said ''New Orleans City commence- Railroad Company" shall commence operations on said jTietion^ofwol^' road within thirty days after the passage of this ordi- nance, and shall have the same finished and completed within six months thereafter, all of which shall be con- structed according to lines and levels to be furnished by the City Surveyor and to the entire satisfaction of the Commissioner of Public Works and City Surveyor. Art. 2240. (8) That the cars on this route shall leave intervals of their stations or starting points at succeeding intervals of times : 1. Not exceeding five (5) minutes between the hours of five (5) a. m. and nine (9) p. m. 2. Not exceeding fifteen (15) minutes between nine (9) p. m. and twelve thirty (12:30) a. m, 3. And not exceeding sixty (60) minutes between twelve thirty (12 :30) a. m. and five (5) A. m. And the fare to be charged on said line of road shall not exceed five (5) cents between Canal street and its upper terminus, or for a lesser dis- tance either way, between the hours of five (5) a. m. and twelve thirty (12:30) a. m. and the fare to be charged as above between twelve thirty (12 :30) a. m. and five (5) a. m. shall not exceed ten (10) cents either way. time. 838 RAILROADS. obligations Art. 2241. (9) That the said New Orleans City Rail- relative to pav- •, r-i inn -■. •■. . „,. ing. road Company shall, for and m consideration of this franchise, right of way or privilege herein granted, bind itself to pave the city's portion of said streets within the last ten years of this contract, with such pavement or material as the city may select. It being well understood that the above work is to be commenced within the year 1895, and pushed to an early comple- tion ; but should the said New Orleans City Railroad Company desire to avail itself of the entire ten years to do the work, at least one-tenth of said work shall be commenced and finished, without delay, during each year embraced in the period between the years 1895 and 1905. Reversion. Art. 2242. (10) That the property and appurtenances connected with this section of road and belonging to said New Orleans City Railroad Company shall revert to the city of New Orleans at the expiration of this fran- chise or right of way, on a valuation to be ascertained by two disinterested persons, one to be appointed by the railroad company and the other by the city, and in the event of a disagreement as to said valuation between the said two persons thus appointed, a third party or umpire shall be appointed by one of the District Courts, the decision thereby had to be final and binding. Duty of Com- Art. 2243. (11) That it is hereby made the duty of the Pubuc Works. Commissioner of Public Works and City Surveyor to noti- fy the said company in writing, through its president or chief officer, of any violation of the requirements or agree- ments contained in this ordinance, giving them a stated time to rectify the same, and if, upon the expiration of such time, the company has failed, neglected or refused to comply with such notice, then the City Council shall have the said violation rectified at the expense of said company without further notification. The cost for so doing to be recoverable before any court of competent jurisdiction. Bond. Art. 2244. (12) That the said New Orleans City Railroad Company bind themselves to complete the said continuation of road within the time hereinbefore stated. RAILROADS. 839 and for the faithful execution of the same the said rail- road company shall furnish to the city of New Orleans to the satisfaction of the City Council, good and solvent security in the shape of a bond in the sum of $5000, naming real estate unincumbered. The said bond shall be made in favor of the Mayor of the city of New Or- leans, and be filed and recorded in the mortgage office of the city of New Orleans. And it is well understood that in case of failure by said company to comply with the before mentioned conditions and requirements to finish the work of construction within the time fixed, its bond shall then become forfeited to the city of New Or- leans. In case the Commissioner of Public Works and ^ City Surveyor be dissatisfied with the manner in which the work is being executed, or should the company fail to complete the work as above specified, the Commis- sioner of Public Works and City Surveyor shall report the same to the City Council, which body shall have the right to annul the franchise without putting the com- pany in default, as required by Article 1905 of the Civil Code, or any other law or laws, and without indemnity ; and it is to be well understood, that in case the com- pany shall abandon the work or not finish the same in accordance with this ordinance, the said company shall bo^d forfeit all claims it may have for, or in any part of the work done by it up to the date of its abandonment. The company expressly agreeing and understanding that this condition is in all things binding, and that the company, their heirs, legal representatives or assigns, shall at no j time, in any court of justice, by plea, answer, exception, i motion, objection of any kind, sort or description or un- I der any circumstances, set up, urge, or in any way I allege, plead or claim, that the condition of this ordi- nance is not, in all respects, legal, binding and obliga- tory on the company, or its legal representatives, or as- signs. • Extension of Camp and Magazine Line. Art. 2245. (1) That the right of way, franchise or j privilege of constructing, running, operating and main- Forfeiture of 840 RAILROADS. Right of waj C. S. 24S. April, 1SS3. May, 1883 Crossties. Stringers. Tie-rods. taining as aii extension of their Camp and Magazine streets ear lines through the following named streets, with all necessary turntables, switches, and turnouts, be and the same is hereby granted to the *' New Orleans City Railroad Company," or its assigns, for a term equal to the remaining number of years of their present franchise, which expires on the first day of January, 1906, according to the conditions and stipulations here- inafter stated. Art. 2246. (2) That the right of way, franchise or privilege shall commence from their present tracks at the junction of Magazine and Toledano streets, through Magazine by double track to Louisiana avenue, through Louisiana avenue (lower side) to Laurel street, through Laurel street by single track to Valmont street, and from Valmont street up by double track through Laurel street, to the Upper City Park, returning through Laurel street to Valmont street, thence through Valmont street by smgle track to Constance street, thence through Con- stance street, by single track to Louisiana avenue, thence through Louisiana avenue (upper side) by single track to Magazine street, thence through Magazine street (by double track as heretofore mentioned) to starting point. Art. 2247. That the material used in the construc- tion of said road shall be as follows : (a) The crossties shall be of the best quality of cypress or upland pine, eight (8) feet long, hewn or sawn on two opposite sides, having not less than ten (10) inches of face and seven (7) inches of uniform thickness ; they shall be notched two (2) inches in depth for insertion of stringers, and their distance apart shall not be more than four (4) feet from centres. (&) The stringers shall be of the best quality of milled pine, of not less than five (5) by nine (9) inches, and not less than twenty (20) feet long; they shall be fastened to each crosstie inside and outside by spiked wrought iron knees, half (/^) an inch thick, two (2) inches wide, and each part of knee six (6) inches long. (e) The stringers shall be fastened by tie-rods five- RAILROADS. 841 eighths ( H ) of an inch in diameter, and be of sufficient length, having heads, threads and nuts, and placed throughout every ten (10) feet apart. (fZ) The rails used on this line of road shall be the flat Rails, rail, five (5) inches wide, resting on suitable chairs at their ends, and shall be well spiked with six (6) inch wrought iron spikes. . The entire space between the rails and tracks shall be transversely planked with 3x12 inch milled pine, and along the two outer sides of the tram- ways throughout this route shall be placed close by to the stringers and on a level with the top of the rail, one plank not less than 3x12 inches in dimension. Art. 2248. (4) That it shall be the duty of said Cu i verts, ^ ' •' bridges, streets,. railroad company to construct all crossings, bridges and etc culverts and wings of same, which in the opinion of the Commissioner of Public Works and the City Surveyor are at any time needed, and to keep the said streets be- tween the banquette curb lines, including all plankings, crossings, bridges, culverts and wings of same, and also all the intersections of the streets of this route at all times in good roadway order and condition subject to the approval of the Commissioner of Public Works and City Surveyor. Art. 2249. (5) That the upper terminus of this ex- Upper termi- tension shall be at any point the said company may se- lect between the lower line of said park and Henry Clay avenue ; in other words, just where their stables, shops and car-houses may be constructed according to exist- ing laws and ordinances. Art. 2250. (6) That mules or horses shall be used as Motive power, the motors of this line, and shall, when upon the road, be belled with the usual car bell, and not be driven at a greater rate of speed than six miles per hour, and in no case shall steam or other motors than herein specified be ^^^ " used by this company, unless by consent of a majority of the property holders residing along this route, and the concurrence of the Council of this city. Art. 2251. (7) That the said New Orleans City Rail- commence- -, r^ in ,. .1 ,mefttandcom- road Company shall commence operations on said road pietion. within sixty days after the passage of this ordinance. 842 RAILROADS. and shall have the same finished and completed within six months thereafter ; all of which shall be constructed according to lines and levels to be furnished by the City Surveyor, and to the entire satisfaction of the Commis- sioner of Public Works and City Surveyor, start'ng.'''' °^ Art. 2252. (8) That the cars on this route shall leave May*, 7883. their stations or starting points at succeeding intervals of time. First — Not exceeding ten (10) minutes be- tween the hours of five (5) A. M. and nine (9) p. m. Second — Not exceeding fifteen (15) minutes between twelve thirty (12:30) P. m. and twelve thirty (12:30) A. M. Third — And not exceeding sixty (60) minutes between twelve thirty (12:30) a. m. and five (5) a. m. And the fare to be charged on said line of road shall ^*'^' not exceed five (5) cents between Canal street and its upper terminus, or for a lesser distance either way, be- tween the hours of five (5) a. m. and twelve thirty (12:30) A. M., and the fare to be charged as above be- tween twelve thirty (12:30) a. m. and five (5) a. m. shall not exceed ten (10) cents either way. It is well understood that time of ten minutes may at any time be altered so as to make it five minutes or less between the starting of each car. Obligations Art. 2253. (9) That the said New Orleans City Rail road Company shall, for and in consideration of this franchise, right of way or privilege herein granted, bind itself to pave the city's portion of said streets, within the last ten years of this contract, with such pavement or nlaterial as the city may select. It being well under- stood that the above work is to be commenced within the year 1895 and pushed to an early completion ; but should the said New Orleans City Railroad Company desire to avail itself of the entire ten years to do the work, at least one-tenth of said work shall be commenced and finished without delay during each year embraced in the period between the years 1895 and 1905. Reversion. Art. 2254. (10) That the property and appurte- Apfii,''?ls3. nances connected with this section of the road and belonging to said New Orleans City Railroad Company, shall revert to the city of New Orleans at the expiratioi RAILROADS. 843 of this franchise or riffht of way, on a valuation to be valuation ;how . ^ . settled. ascertained by two disinterested parties, one to be ap- pointed by the railroad company and the other by the city, and in the event of a disagreement as to said valu- ation between the said two persons thus appointed, a third party or umpire shall be appointed by one of the district courts, the decision thereby had to be final and binding. Art. 2255. (11) That it is hereby made the duty of Neglect of company; how the Commissioner of Public Works and City surveyor rectified, to notify said company in writing, through its president or chief officer, of any violation of the requirements or agreements contained in this ordinance, giving them a stated time to rectify the same, and if, upon the expira- tion of such time, the company has failed, neglected or refused to comply with such notice, then the City Coun- cil shall have the said valuation rectified at the expense of said company without further notification. The cost for so doing to be recoverable before any court of com- petent jurisdiction. Art. 2256. (12) That the said New Orleans City bo^^ of isooo. Railroad Company bind themselves to complete the said continuation of road within the time hereinbefore stated, and for the faithful execution of the same the said rail- road company shall furnish the city of New Orleans, to the satisfaction of the City Council, good and solvent security in the shape of a bond in the sum of $5000, naming real estate unencumbered. The said bond shall be made in favor of the Mayor of the city of New Orleans and be filed and recorded in the Mortgage Office of the city of New Orleans. And it is well understood that in case of failure by the said company to comply with the be- fore-mentioned conditions and requirements to finish the work of construction within the time fixed, its bond shall then become forfeited to the city of New Orleans. In case the Commissioner of Public Works and City Sur- veyor be dissatisfied with the manner in which the work is being executed, or should the company fail to com- ^°^ forfeited plete the work as above specified, the Commissioner of Public Works and the City Surveyor shall report 844 RAILROADS. the same to the City Council, which body shall have the right to annul the franchise without putting the company in default, as required by Article ] 90 of the Civil Code, or any law or laws, and without indem- nity ; and it is to be also well understood that in ease the company shall abandon the work, or not finish the same in accordance with this ordinance, the said com- pany shall forfeit all claims it may have for or in part of the work done by it up to the date of its abandon- ment. The company expressly agreeing and under- standing that this condition is in all things binding, and that the company, their heirs, legal representatives or assigns shall at no time, in any court of justice, by plea, answer, exception, motion, objection of any kind, sort or description, or under any circumstances set up, urge or in any way allege, plead or claim that the con- ditions of this ordinance are not in all respects legal, binding and obligatory on the company or its legal rep- resentatives or assigns. s ?nsibie°' '^' ^^'^- ^^'^^- (1^) "^^^^ nothing in this franchise shall be construed as holding the city responsible for any lia- bility that may occur by reason of litigation or other- wise between the City Railroad Company and the Cres- cent City Railroad Company, occasioned by rights now claimed by said Crescent City Railroad Company on Magazine street, between Toledano street and Louisiana avenue. Amending Art. 2258. (1) That Ordinance No. 7725, A. S., ap- Apru7l882. proved April 4, 1882, be amended so as to grant unto the ^o^rd. No. 523, ^^^ Orleans City & Lake Road Company, the successor of the New Orleans City Railroad Company, in addition to the privileges therein contained, the right of laying a single or double track and of running cars thereon, on right!"^ ^'^ ° Maurepas street, from Encampment street through Maurepas to its junction with Esplanade street, where the cars of the company now run. fir3'to%''uc- ^^'^- 2259. (2) That all the rights and obligations cessor. Qf gaid Ordinance No. 7725, A. S., and of this ordinance, are hereby declared to be in full force and effect, and shall remain so for the benefit of said New Orleans City RAILROADS. 845 & Lake Kailroad Company, so long as it operates the Esplanade street line of cars. In consideration of this privilege the company agrees consideration, to plank the whole street (excepting the sidewalks) with three-inch yellow pine planks, spiked with six- inch wrought spikes to yellow pine mudsills, 4x8, placed three feet from centres and pinned to the ground with oak pins two feet long, the whole planking to be for the length of new track laid, and to be subject to the ap- proval of the Commissioner of Public Works. Art. 2260. (1) That permission be and is hereby ^^s^^^*^^,J^;';*^^"j« granted to New Orleans City & Lake Railroad Com- J^^s. sg pany, the successors of the New Orleans City Railroad Company, and the owners of the New Orleans Metairie Lake Railroad, running to West End, to run '' Their Lake Cars, Propelled by Steam Power," on Canal street, from Basin street to (y'arondelet street, and to establish a stand for said cars on the corner of Canal and Caron- ^'^"'' ^°'' '=*''^- delet streets. Art. 2261. (2) That said permission shall be in ad- Additional pri- dition to all other privileges now enjoyed by said com- pany, and shall be governed by the provisions of Ordi- nance No. 6891, A. S. Art. 2262. (3) That said permission shall continue Expiration, until January 1, 1906, the date of the expiration of the Canal street right of way owned by said company. Art. 2263. (1) That the right of way, franchise or Riphtofway privilege of constructing, running, operating and main- Mafch,Tss4. taining, as an extension of their Camp and Prytania street line, their tracks through the following-named streets, with all the necessary turntables, switches and turnouts, be and the same is hereby granted to the New Orleans City & Lake Railroad Company or its assigns, for a term equal to the remaining number of years of their present franchise, which expires on the 1st day of ^^'"^ "* January, 1906, according to the conditions and stipula- tions hereinafter stated. Art. 2264. (2) That this right of way, franchise or commence- privilege shall commence from its present track, at the intersection of Dufossat and Pitt streets by single track 846 RAILROADS. on Pitt street to Joseph street, on Joseph street to Bou- dousquie street by single track, say one square. Also on Boudousquie street, from its intersection with Dufos- Route. gat street to Joseph street by single track, thence on Jo- seph street by double track to Hurst street, thence on Hurst street by double track to the lower line of the city park or exposition ground. Art. 2265. (3) That the material used in the con- struction of said road shall be as described in Ordinance No. 54, Council Series, according to the specifications anJf^re. ^^''^^ therein contained. It being further understood that this extension shall be operated under the same time table and fare charges as the now existing Prytania street railroad line. Operations to Art. 2266. (4) That the said New Orleans City & Lake commence. ^ ' "^ Railroad Company shall commence operations on said road within thirty days after the passage of this or- dinance, and shall have the same completed within Completion, niucty days thereafter, all of which shall be constructed according to lines and levels to be furnished by the City Surveyor, and to the entire satisfaction of the Commissioner of Public Works and the City Surveyor. c'^^so"^^^' -^^'^* 2267. (1) That permission be and is hereby Aug.. is&t. granted to the New Orleans City & Lake Railroad Com- pany, the successors of the New Orleans City Railroad Company, to lay and operate a single track on Camp street from Poeyfarre to Canal streets, and connecting at these streets with its present tracks, and in addition to the track now on Camp street ; thus forming a double track on Camp street from Poeyfarre to Canal streets. This additional track to be laid by placing a stringer and Ex irafon ^'^^^ ^^ cach sidc of the present track, and the right to maintain and operate same, to remain in full force and effect until January 1, 1906, the date of the expiration of franchise and right of way on said streets, as now used by the New Orleans, City & Lake Railroad Com- pany. Additional pri- Art. 2268. (2) That the said New Orleans City & viiege. Lake Railroad Company do have the further right of laying at the intersections of Poeyfarre and Magazine RAILROADS. 847 streets and of Poeyfarre and Camp streets such turnouts Duration. and switches as will allow the running of the Magazine street cars down Camp street from Poeyfarre street to Canal street, should Magazine street at any time from any cause become impassable from Poeyfarre street to Canal street; this right to continue to the date men- tioned in the preceding section. Art. 2269. That the New Orleans City & Lake Railroad To r e move Company be and are hereby ordered to remove their ord. no. 3102, track on Caffin's lane to the centre of street, according July 24, isss. to their franchise (see Jewell's Digest, folio 231), and construct a gutter on lower side of Caffin's lane, from Dauphine street to levee. Art. 2270. That the said railroad company be and are Repairs, hereby directed to repair at once and place in proper condition, from curb to curb, the following streets as per franchise (see Jewell's Digest, Art. , folio 232): Delery street, from Dauphine street to levee; Caffin's lane, from Danphine street to levee, and Dauphine street, from Delery street to Caffin's lane. Art. 2271. That the New Orleans City & Lake Rail- cuiverts, to road Company be and are hereby directed to clean and enlarged, enlarge the present culverts, and construct new ones, under their track on Dauphine street, from Poland street • to Delery street, as directed by the City Surveyor. Art. 2272. That all the work to be done under the cuy surveyor supervision and to the satisfaction of the City Surveyor Art. 2273. That in the event of failure on the part of Duty ot Com- the New Orleans City & Lake Railroad Company tomissioner of signify their willingness to comply with this ordinance within twenty days after promulgation of same the Commissioner of Public Works is hereby directed to proceed and carry out the provisions of Art. 492 (Jewell's Digest, p. 300). Art. 2274. That the New Orleans City & Lake Rail- change tracks, road Company be directed to change the system of c!^|^'^°"^^^^' running their cars on Prytania street, so as to conform ^^^^' ^'^' '^^' with usual rules of keeping to the right. Art. 2275. That the Comptroller be and he is hereby authorized and directed to advertise according to law. 848 RAILROADS. tio^if'* *' ^"*^" ^^^ ^^ ^^^^ "^ block at public auction to the highest bid- ^Ord. No. 7S7S, (jgi-^ for cash, an extension of the following-described May i6, 1893. street railway franchises, now owned and operated by the New Orleans City & Lake Railroad, for a term of fifty years from the date of the expiration thereof upon the following terms, conditions and specifications, and with the following additions and modifications ; provided, however, that all bids shall be subject to rejection by the City Council. Art. 2276. The right to contract, maintain and op- erate for fifty years from the first day of January, 1906, lines of street railway for carrying of passengers, as now owned and operated by the New Orleans City & Lake Railroad Company, as herein changed and mod- ified, and more accurately and fully described as fol- lows: Magazine Street Line. Route. Art. 2277. Commencing at the intersection of Canal and St. Charles streets, on tracks on the neutral ground of Canal street, thence to Camp street. On Camp street, from Canal street to St. Andrew street. On Magazine street, from St. Andrew street to Louisiana avenue. On Louisiana avenue (lower side), from Magazine street to Laurel street. On Laurel street to lower side of Audubon Park, thence running down Laurel street to Valmont street. On Valmont street to Constance street. On Constance street, from Valmont street to Louisiana avenue. On Louisiana avenue (upper side), from Constance street to Magazine street; on Magazine street, from Louisiana avenue to Canal street ; on Canal street, from Magazine street to the point of starting. With privilege, at the purchaser's option, to lay an- other track on Magazine street from Canal street to St. Andrew street ; and also to lay a double track on Laurel street from Louisiana avenue to the park, and in tha RAILROADS. 849 event to abandon and take up the line on Constance street and Valniont street. The purchaser or his assigns shall have the right, with the permission of the owners, of the Crescent City Railroad franchises, to connect this line with the Upper Magazine Street Line above Louisiana avenue by tracks across Louisiana avenue, and to connect with the Annunciation Line by tracks through Louisiana avenue from Laurel street to Annunciation and Chippewa, and through these streets as far as Toledano street; and shall also have the right to connect through Peters avenue by double track with the tracks of the road sold under Ordinance No. 6352, Council Series, and by ar- rangement with the owners of that franchise and the Crescent City Railroad to interchange cars between said lines over said connections. Acquired by contract with the city of New Orleans, on October 2, 1879, June 14, 1882, and May 15, 1883. Connections. Catnj) and Pryfania Street Line. Art. 2278. Commencing at the intersection of Canal and St. Charles streets, on tracks on the ''neutral grounds," thence to Camp street. Up Camp street to the commencement of Prytania street, between Delord and Calliope streets. Thence up Prytania street to Upperline street. On Upperline street from Prytania street to Pitt street. On Pitt street from Upperline street to Joseph street. On Joseph street from Pitt street to Hurst street. On Hurst street to the lower line of Audubon Park. Thence returning down Hurst street to Joseph street. On Joseph street from Hurst street to Boudousquie street. Boudousquie street from Joseph street to Soniat street. Soniatistreet from Boudousquie street to Pitt street. Pitt street from Soniat street to Upperline street. Upperline street from Pitt street to Prytania street. Prytania street from Upperline street to its intersec- tion with Camp street as aforesaid. 850 ■ RAILROADS. Theuce down Camp street to Canal street and to the point of starting. opSi!^^*"^'^ The purchaser shall have the right, at his option, to take up and abandon the single track as above pro- vided for on Soniat street and Boudousquie street, and to lay a double track on Upperline street from Prytania street to Pitt street, and a double track on Pitt street from Upperline street to Joseph street, and a double track on Joseph street from Pitt street to Hurst street, or to continue the double track on Prytania street straight up Prytania street to Joseph street, and through Joseph street to Hurst street and to abandon tracks on Pitt and Boudousquie streets. Acquired by contracts with the city of New Orleans, October 2, 1879, June 14, 1882 and February 27, 1883, and Ordinances Nos. 217, 600 and 807, Council Series. And in connection with the two routes just above mentioned, the purchaser or assigns shall have the right to lay a single track on Poeyfarre street, between Camp and Magazine streets, and to lay at the intersection of Poeyfarre and Magazine streets such turnouts and switches as will allow the running of the Magazine street cars down Camp street from Poeyfarre street to Canal street ; and they shall have the right to run the Prytania street cars down Magazine street for the con- venience of the company and the public ; and to con- nect through Boulevard avenue by double track from Prytania to Tchoupitoulas street with the Crescent City lines and to interchange cars over said lines with the consent of the Crescent City Railroad Company. The right through Poeyfarre street is given by Ordi- nance No. 807, Council Series. TJhe construction of a double track on Magazine street and running cars in both directions as hereinabove per-| mitted shall not deprive the purchaser of the right toj continue to run Magazine street cars up on Camp street as herein provided. RAILROADS. 851 Rampart and Dauphine Street Line. Art. 2279. Commencing at the intersection of Canal Route, and St. Charles streets, on tracks on the neutral grounds, as now constructed and used. Thence out Canal street to North Rampart street. North Rampart street from Canal street to Esplanade street. Esplanade street from North Rampart to Dauphine street. Dauphine street from Esplanade street to Poland street. Poland street from Dauphine street to North Rampart street. Thence returning on Poland street to Dauphine street. Dauphine street from Poland street to Delery street. Delery street from Dauphine street to North Peters street. North Peters from Delery street to the Crescent City Slaughterhouse. Then returning along North Peters street to Flood street. Flood street from North Peters street to Dauphine street. Dauphine street from Flood street to Poland street. Poland street from Dauphine street to North Rampart street. North Rampart street from Poland street to Canal street, and thence to the pomtof starting; the whole ac- cording to tracks as now used; those on Canal, North Rampart, Poland and Esplanade streets being on the neutral grounds of said streets ; or as follows at the op- tion of the purchaser of this franchise ; Dauphine from Esplanade to Hancock, Hancock to North Peters, North Peters to the Crescent City Slaughterhouse ; thence re- turning. North Peters to Hancock street, Hancock street to Royal street. Royal to Poland street, Poland to Ram- part street, Rampart to Esplanade street. The pur- chaser or purchasers of this franchise to use the neutral 852 RAILROADS. ground of Poland street. The above to apply to the Levee and Barracks line. Acquired by contract with the city of New Orleans on October 2, 1879, and Ordinance 16S2, Administration Series. Levee and Barracks Line. Route. ^jj^ 2280. Commencing at the intersection of Canal and Decatur streets, with tracks on the neutral ground, thence along Canal street to North Peters street. North Peters street, from Canal street to Lafayette avenue. Lafayette avenue, from North Peters street to Chartres street. Chartres street, from Lafayette avenue to Poland street. Poland street, from Chartres street to Dauphine street. Dauphine street, from Poland street to Delery street. Delery street, from Dauphine street to Peters street. North Peters street, from Delery street to the Crescent City Slaughterhouse. Thence returning along North Peters street to Flood street. Flood street, from North Peters street to Dauphine street. Dauphine street, from Flood street to Poland street. ' Poland street, from Dauphine street to Royal street. Royal street, from Poland street to Lafayette avenue. Lafayette avenue, from Royal street to North Peters street. On North Peters street to Canal street, and thence to the point of starting. From the intersection of Dauphine and Poland streets to the Crescent City Slaughterhouse and return the cars of this line run over the same tracks as the Rampart and Dauphine street line. Acquired by contract with the city of New Orleans on June 9, 1862, and by ordinances 6322 and 6405, Old Series, and 67,144, 248,490 and 1506, New Series, and 1682, Administration Series. RAILROADS. 853 As the franchise of this line as now constructed does lot expire at the same date with the other franchises of le New Orleans City and Lake Railroad Company, the Extension thereof under this sale shall be January 1, i.95G, so as to make all said franchises expire on the ime date, thereby making the extension of this fran- chise more than fifty years. Canal Street and Bayou St. John Line. Art. 2281. Commencing at Canal street, opposite the Route, tew Canal ; thence along the Metairie Ridge to Bayou 5t. John, and returning the same way. Double tracks now constructed with the right to connect this line )ver the drawbridge across Bayou St. John, at the foot )f Esplanade street, with the tracks of the Esplanade Ane, and to operate the same in conjunction with that line. Acquired by contract with the city of New Orleans, )ctober 2, 1879. Esplanade Street Line. Art. 2282. Starting at the intersection of Canal and Route, M. Charles streets ; Thence along Canal street to North Rampart street ; North Rampart street from Canal street to Esplanade street ; On Esplanade street to Bayou St. John ; Thence along the said Bayou St. John around to the station, as now operated, and returning the same way. Double tracks as now constructed on '^ Neutral Grounds," running through said streets. Acquired by contract with the city of New Orleans, October 2, 1879. ' And in connection with this line is given the right to run into the Fair Grounds from the intersection of Esplanade street and Grand Route St. John, through Encampment street to the Fair Grounds, and from the Fair Grounds through Encampment street to Maurepas street; thence on Maurepas street from Encampment street to Esplanade street, double tracks and switches 854 RAILROADS. both ways, so that the cars can run into and out of the Fair Grounds both going and returning. This line into the Fair Grounds to be operated at the discretion of the purchaser or assigns. Acquired by ordinances from the city of New Orleans, No. 7725, Administration Series, and No. 523, Council Series. Esplanade and French MarJcet Line. Route. Art. 2283. Commencing at the intersection of Canal and Decatur streets along Canal street, neutral ground, to North Peters street. Along North Peters street from Canal street to Es- planade street. Esplanade street, neutral ground, from North Peters street to Bayou St, John, And returning the same way, using the tracks of the Esplanade street line, from the intersection of North Rampart and Esplanade streets, together with the right to enter the Fair Grounds over the tracks of the Es- planade street line. On Esplanade street, from Chartres street to Bourbon street, the purchaser of the franchises, or assigns, and the St. Charles Street Railroad Company, or any future purchaser of the franchises of that company, shall be compelled to use the same tracks. Acquired by contract with the city of New Orleans on October 2, 1879. Canal Street and LaJie Trains. Route, Art. 2284, The privilege to maintain and operate street railways with double track on the neutral ground of Canal street, from the intersection of St, Charles street, out Canal street to the cemeteries and to the present terminus at the New Canal and back, with the right to construct a branch line beginning on the neu- tral ground of Canal street at Villere street, with double track through Villere street to Lafayette avenue, and through Lafayette avenue to connect with the Rampart and Dauphine and Levee and Barracks lines. RAILROADS. 855 And the privilege on the said Canal street and tracks, steam route, as now nsed, from intersection of Carondelet street (with a middle track as now constrncted from said Ca- rondelet street to Robertson street), to run and operate trains of cars propelled by steam, with privilege, should the system be generally adopted, to use electric power instead of steam. Acquired, except as herein extended and modified, by contract with the city of New Orleans of date October 2, 1879, July 1, 1879, Ordinance 3316, Administration Series, and 541 Conncil Series. The whole of the above to be with such curves, switches, turnouts and standing tracks at thetermipi' on Canal street and elsewhere as the company may re- quire, and to connect any of the above tracks through the necessary streets with car sheds now established or hereafter located. And as part of the foregoing right of way, franchises connections, and privileges the purchaser shall have the option or privilege to connect the lines of road below Canal street with those above Canal street by means of necessary tracks across and through Canal street with such switches and turnouts as may be necessary, to be constructed according to lines and levels established by the City Engineer. For the use and exercise of the above-mentioned fran- Additional chises on the neutral ground of Canal street the pur- chaser or assigns shall be entitled to have three contin- uous tracks thereon from St. Charles street to Magazine street, and four tracks thereon from Magazine street to Wells street, with necessary turnouts and cross-overs ; and shall be compelled to adjust any rights it may have in this regard with the owners of the Crescent City Kail- road franchises, and with the purchaser of the franchise under Ordinance No. 7036, Council Series. Terms, Conditions and ISpecifications. Art. 2285. (1) The bids shall be in current money of the United States, payable in cash, or a certified 856 RAILROADS. Assumption scribed of reversion. Qual to bid. Contract and bond. check on the fiscal agent of the city, on the signing of the notarial contract hereinafter provided for. Art. 2286. (2) Inasmuch as the railroads above de- together with cars, fixtures and other appur- tenances, are to revert to the city at the expiration of the present franchise, at an appraised value, to be ascer- tained as provided in said contracts, the purchaser or purchasers of the extension herein provided for agrees to assume said obligation and pay the price that may be ascertained, in her stead, in addition to the regular bid. Should the present owner, the New Or- leans City & Lake Railroad Company, or her successors or assigns, become again the purchaser of these fran- chises, then the city shall be relieved of the obligation to acquire the property, subject to above right of rever- sion and the ownership of said New Orleans City & Lake Railroad Company, or assignee, shall continue un- interrupted. Art. 2287. (3) Every bidder for the purchase of said franchise, shall, as a condition precedent to the receiv- ing of such bid by the City Comptroller, deposit with the City Treasurer, in cash, the sum of one hundred thou- sand dollars ($100,000), and shall, atthetimeof bidding, file receipt therefor, with the City Comptroller, showing that he has made such deposit. The deposits of all un- successful bidders shall be immediately returned to them ; that of the highest bidder shall be held as se- curity that he will sign the contract in case his bid is accepted by the City Council and pay the amount of his bid ; and in case of the failure of the successful bidder to sign the said contract and pay the amount of his bid, the said one hundred thousand dollars ($100,000) shall be forfeited to the city as liquidated damages. Art. 2288. (4) The successful bidder shall be re- quired within twenty days of the acceptance of his bid by the City Council to enter into notarial contract be- fore the City Notary, with the city of New Orleans, em- bodying all the terms and stipulations of this ordinance, and shall be required at the time said contract is signed to give to the city of New Orleans a bond with sureties RAILROADS. 857 satisfactory to the Mayor in the full sum of one hundred ^ thousand dollars ($100,000), conditioned for the faith- ful performance of the terms of his contract. Art. 2289. (5) The motive power shall be the single m°"^« p°^"' trolley system of electricity, or any other improved system of rapid transit, except steam, that may be here- after approved by the Council. Steam dummies may be used on Canal street, from Carondelet to West End. Motor cars may haul one or more trailers. Cars shall not be compelled to stop except on the further sides of the crossings, and they shall not wait for passengers who are not at crossings ready to enter. Art. 2290. (6) All of the above lines of railroad Reconstruc- shall, on neutral ground spaces be constructed with T girder or rail, and on paved or unpaved streets with other improved form of rail, laid on red cypress or oak ties, sound and free from sap, not less than jSve inches by eight inches by seven feet and not over three feet be- tween centres, so as to make said lines of road flrst- .class in every respect. All pavements taken up for con- struction purposes on paved streets shall be relaid in same good order and condition as they were before. Art. 2291. (7) Cars shall be of the latest improved cars, pattern and finish, and shall at all times be kept clean and neat and in good condition, and shall be provided with ventilators on the roof. Art. 2292. (8) All poles shall be of iron or of wood Poles, of neat design, to be approved by the City Engineer, strongly and firmly set. They shall be painted, and kept painted, and shall be located by the City Engineer. Art. 2293. (9) All wires shall be lightly strung and vvires. fastened, and, except trolley wires, well insulated. Art. 2294. (10) Cars shall be run as of ten as the pur- Time, chaser may deem proper, and not at greater intervals than one every ten minutes from daylight to 10 p. m., to midnight, and one every hour thereafter. Art. 2295. (11) The fare shall be five cents for a con- pares, tinuous ride of any distance between termini in one direc- tion except from 12 o'clock midnight to 5 o'clock a. m., during which time the fare shall be ten cents. RAILROADS. Railroad cross ings. Speed. Amended bv Ord. C. S. Care of streets. Art. 2296. (12) The purchaser Or his assigns shall, during the continuance of these franchises, keep in good order and repair all streets through which these lines run between the rails antt for one foot on each side of said rails. Art. 2297. (13) At points where these tracks cross other tramways or steam railroad tracks crossings shall be constructed in such manner as .to form a continuous rail for each rail of each track. Plans of such crossings shall be submitted to and approved by the City Engineer, and the cost and maintenance thereof shall be governed by the provisions of Ordinance No. 6547, Council Series. Art. 2298. (14) The speed of cars shall not exceed No. 8326, twelve miles per hour, except on the Canal Street & Lake Line, where it may be twenty miles an hour, from Claiborne street to the cemeteries. Purchase by Art. 2299. (15) In casc the extension of these fran- Ihe New Or- ^ ' leans City and chiscs herein provided for is purchased by the New Or- Lake Railroad , ^. „ t , t^ ., -, r-. • • t Company. Icaus Citj & Lake Railroad Company, or is assigned to said company by the purchaser, it shall be obligated im- mediately and with all due diligence to construct, re- construct, re-equip and operate all the above lines of railroad in accordance with the above specifications, modifications and additions. Such work of construction and reconstruction shall begin within ninety days after the signing of the contract with the city, or the assign- ment thereof by the purchaser, and shall be completed as soon as practicable. If said company is not the pur- chaser, or does not become the assignee of the purchaser, then such purchaser shall not be compelled to begin such work until within ninety days from expiration of present franchises, and shall complete the same as soon as practicable. Reversion of Art. 2300. (16) At the cxpiratiou of the aforesaid property. franchiscs, to-wit., on the 1st day of January, 1956, the said railroad tracks, rolling stock, equipment, fixtures and depots shall revert to the city of New Orleans on a valuation to be ascertained by two disinterested persons, one to be appointed by the city of New Orleans and the other by the purchaser or his assigns ; and in the event- RAILROADS. 859 of the disao^reement between said persons thus appoint ed as to said valuation, a third person or umpire shall be appointed by the Civil District Court or its lawful suc- cessor, and the decision of said umpire shall be final. Art. 2301. (17) The purchaser of said franchises shall Right to as- have the right to assign and convey the same to any person or corporation competent to hold and exercise the same. Art. 2302. That the plan showing the arrangement of Approving tracks of New Orleans City & Lake Railroad tracks on tracks. Ord. No. 771S, Metairie road and neutral ground from Canal street to c. s. New Basin as submitted by the City Engineer be and the same are hereby approved. Art. 2303. That the bid of Henry Bier for the exten- Acceptingbid Ision of the franchises of the New Orleans City & Lake °ord. n 0.8104, Railroad Company for a period of fifty years from the "oct. 3, 1893- e: expiration of the present franchises of said New Orleans City & Lake Railroad Company, for the right f way for street railroad purposes, over certain streets specified in Ordinance No. 7575, C. S., and in accordance with terms and specifications contained in said Ordinance No. 7575, C. S., for the sum of seven hundred thousand dollars ($700,000), be and the same is hereby accepted, and that the Mayor be and is hereby directed and author- ized to enter into notarial contract with the said Henry Bier in accordance therewith, as per his bid of Septem- ber 5, 1893. Art. 2304. That the seven hundred thousand dollars Drainage, bonus to be paid by the purchasers of the franchise of the New Orleans City & Lake Railroad Company be and the same is hereby appropriated and set apart as a special fund for the purpose of inaugurating and se- curing an improved system of drainage and permanent public improvements for the city of New Orleans. Art. 2305. That the Comptroller and City Treasurer Permanent be and they are hereby instructed to open a special ac- anTpefman"ent count, to be called the permanent drainage fund and pund?"^^ m e n t permanent improvement fund, and to place the aforesaid sum of seven hundred thousand dollars to the credit of said account as soon as the purchase price of said fran- chise is paid to the city of New Orleans. 860 RAILROADS. To plank outer Art. 2306. That tliG New Orleans City and Lake Rail- Ord.°No.'^6674, road Company be and they are hereby instructed to Sept. 6, 1893. place a twelve-inch plank on the outer edge of rails on Laurel and Constance streets, from Louisiana avenue to Audubon Park, Camp to Calliope streets. Sale of privi- lege. O. S. 6323, Aug., 1865. Speed. Terms and con ditions. CRESCENT CITY RAILROAD. Art. 2307. (1) That the Comptroller be and he is here- by authorized and instructed to advertise that sealed pro- posals will be received (endorsed '* Proposals for City Railway" ) at his office until Friday, the 15th day of September, 1865, at 12 m., for the purchase of the right of way for a double track railway through New Levee street, from its intersection with Canal street, to Tole- dano street — the upper limit of the city — upon the fol- lowing conditions, to- wit: (a) The rails used in the construction of the road to be of the same pattern as those now in use by the City Railroad Company, and the lumber to be of the same quality of yellow pine or cypress, free from sap, and of the sizes to be designated by the City Surveyor. (&) The cars to be of the most approved pattern, and to seat, if a single car, nine persons on each side ; if a double car, twelve persons on each side. (c) The cars to be run at intervals not greater than five minutes from daylight to 10 p. M., and every twenty minutes from 10 P. M. till midnight. (fZ) The rate of speed of the cars not to exceed six miles per hour. Each car to have a prominent light on the front, and a bell on the horse or mule. Each car to be closed by a railing in front, to prevent exit or en- trance except from the rear. (e) The rate of fare from Canal street to Toledano street, or for intermediate distances, up or down, to be five cents for each passen^r. (/) The right of way to be sold for twenty years from the date of the signing of the contract. On the expiration of the lease, the road, rolling stock, equip- ments, depots, and fixtures, to be taken by the city at an appraised value. The city and company each to RAILROADS. 861 appoint a disinterested person to assess the value ; and, in the event of a disagreement, one of the district courts to appoint a third party, whose decision shall be final. (^) The streets through which the road is built to be streets, kept in good repair during the continuance of the lease, at the expense of the contractor. (/?) The city of New Orleans not to be responsible city not re- for any work or materials furnished for the road ; and ^p°"®* every outlay and expense thereon, either for construc- tion, operation or maintenance, to be borne by the con- tractor. Art. 2308. (2) That the proposals shall state the rate Bonus, allowed the city of New Orleans for each passenger car- ried as a bonus for the privileges given ; and the con- tractor, or his duly authorized agent, shall be required to make, under oath, monthly returns to the City Comp- troller, giving the number of passengers carried during the month, the amount received, and the portion due the city, which amount shall be paid into the city treasury at the time the return is made. Art. 2309. (3) That for and in consideration of the Exempt from ^ ' taxation. bonus aforesaid the contractor shall be exempted from all city taxation upon the value of the track, rolling stock, equipments and depots. Art. 2310. (1) That the Mayor of the citv of New Or- Right of way. ^ ^ '' " Ob. 6345. leans be and he is hereby authorized and empowered to Aug., 1865. enter into a contract, by notarial act or otherwise, with David McCoard " for the sale of the right of way to es- tablish a railroad on New Levee street, from Canal street to Toledano street, in accordance with the terms and conditions of City Ordinance No. 6323, 0. S., and the specifications on file in the office of the City Surveyor, at a bonus of nine-sixteenths of one cent for each and every passenger carried. Art. 2311. (1) That a single track of said railway change of instead of a double track be laid upon Tchoupitoulas *^°o.^s. 6364. street and New Levee street respectively, from Canal ^"''•'^s. street to the junction of said streets at St. Mary street ; thence a double track on New Levee street to Toledano street. 862 RAILROADS. of^wa^to^D! ^RT. 2312. (1) That on this 26th of February, 1866, ^oS*No. 682 t^^fore me, Thomas J. Beck, notary, personally came f'irs'iin! °^ ^^^' ^"^ appeared, John T. Michel, Mayor of the city of Jef- ferson, who declared that he does by these presents grant and confirm unto David McCoard, here present and ac- cepting the same, the right of way to make, establish and put in operation, a double track railroad from Tole- dano street to Joseph street (the boundaries of the said city of Jefferson), in accordance with the terms and con- ditions of City Ordinance No. 682, and the specifications on file in the office of the Surveyor of the said city of Route. Jefferson and hereinafter set forth, at a bonus of $250, the said contractor hereby binding himself to build, equip and put in operation, a double track street railway, com- mencing at Toledano street, at its junction with Tchoupi- toulas street, through the middle thereof, from said Toledano street (the lower line of Jefferson City), to Joseph street (the upper line of said Jefferson City), within the time hereinafter specified, and according to the conditions contained in said City Ordinance No. 682, as follows, to-wit : ^s^rucHon.*^°" (tt) That the same be constructed as to roadway cars, and in all other respects as required by the city of New Orleans, for its city railroads ; the contractor or con- tractors to put and keep in good repair, by square stone paving or wood, between the rails, and by shells or bal- last for three feet on each side of the track, with gradual slope to the gutter ; the work to be done under the su- pervision of the City Surveyor. Running time. (^) The cars to bc ruu at intervals not greater than every ten minutes from daylight until 9 o'clock p. m., and every thirty minutes from 9 o'clock p. m. to 11 ^^''^* • o'clock p. M., and the fare for any distance up or down not to exceed five cents to each passenger. Term of grant. (^) Thc right of way to be sold for twenty years from date of the signing of the contract, and on the expira- tion or forfeiture of the right of way all the property pertaining to the road to be taken by the city at an appraised value by appraisers appointed by the parties vere^n! °* ''^' ju iutcrest, and in case of their disagreement an umpire RAILROADS. 863 to be appointed by the judge of the district court, whose decision shall be final. (ails substituted for the wrought, the cast iron being made of the right curve. Bridges. (/j) At the bridges the string timber must be cut so to allow full passage for the water. Two crossties RAILROADS. 865 placed as close together as possible, and immediately alongside the bridges, and as the top is wood the rail must be let down in the wood, so that the head of the rail and the bridge shall correspond. (i) The space between the rails of the whole track Framework, shall be paved with square stones as far as Levee street is now paved with said material. The balance of the tr&ck can be paved or laid with wood in the usual manner. (j) The street shall be shelled or laid with ballast Grading and stone, three feet on each side of the track, the same to®^^^''"^- be raised to a level with the track, with gradual slope to the gutter. (A) The paving, tramwork, bridges and shelling shall be kept in good repair during the stipulated time of the contract. Art. 2314. (1) That the right of way be and is hereby Rightofway. granted to the Crescent City Railroad Company to lay ^ep1'.,^i8*/s. a single or double track through the following streets, viz. : From Joseph street up Tchoupitoulas, or New Levee, to Henry Clay avenue, out Henry Clay avenue to Magazine street, up Magazine street across Foucher '^""'^ or Park property to Foucher street, up Foucher street to Broadway, out Broadway to Oliver street, up Oliver street to Levee, thence up Levee street to its intersec- tion with Jefferson street in the Seventh District, or Carrollton, The route from the intersection of Eliza- beth street and Broadway, around through Oliver street to its intersection with Levee street, shall be a single conditional track, and a single track also from the same first before- SuJ Park'!**"^'' mentioned intersection up Elizabeth street through Levee street to its intersection with Millaudon and Oli- ver. The route through the City Park or Foucher prop- erty is granted conditionally that the Park Commis- sioners relinquish the right of way, and it is understood that the city shall not be required to expropriate the same or enter into any obligation whatsoever to guar- antee the route through said park. In case the railroad company can not make the neces- Alternate route sary arrangements to obtain the right of way through 866 RAILROADS. said park, as herein provided, then the company shall be allowed to locate their route up Tchoupitoulas or New- Levee street from Henry Clay avenue to Broadway, thence by the route previously designated ; provided, however, that any grant hereby made for the right of to^h*ange"^^^*^'^^y ^^^^ ^*^* ^^^ ^^^^^ ^^^ -come in conflict with any grant previously made to any other railroad company which may now be in force. If before the expiration ht the charter as herein provided, the purposes of the steamboat and shipping commerce in the Sixth or Seventh Districts demand it, then the railroad company may be compelled by an ordinance of the City Council to change their track, or tracks, at the expense of the said com- pany to meet the new requirements of said commerce. Single track. In casc the Crescent City Railroad Company shall so elect, it shall have the right to lay a single track, with suitable turnouts, in lieu of the double track, from Joseph street to the terminus before mentioned in the Seventh District of Carrollton. Motive power. Art. 2315. (2) That the Cresceut City Railroad Com- pany shall be allowed to use a new motive power, known as dummies, for their regular traffic between Jackson street and the upper terminus at Carrollton, and on Sun- days also between Jackson street and the lower terminus at Canal street. The dummies to be used shall be fireless engine. Running of It is uuderstood that in case the running of dummies ummies. fj-om Jacksou to Caual street, as herein allowed, proves to be not objectionable, then the Council will grant the right to use them over that route on holidays and dur- ing the summer months. But the Council specially re- serves the right to revoke the privilege of running said dummies between Jackson and Canal streets, even on Sundays, if it should be deemed, after satisfactory inves- tigation, to be detrimental to the public interest, and after due notification to the Crescent City Railroad Com- pany. Speed. Art. 2316. (4) That the rate of speed of the dum- mies shall not exceed eight miles an hour, between Jackson street and the upper terminus at Carrollton, and RAILROADS. 867 shall not exceed five miles per hour betweeu Jackson street and the lower terminus at Canal street. Each dummy shall be supplied with a suitable bell, which must be rung before approaching all crossings of streets on the route from Jackson to Canal street, and also at any other points be'tween Jackson street and the upper terminus at Carrollton, where the Mayor of the city may direct, the Council reserving the right to modify the rate of speed if deemed necessary. Art. 2317. (5) That the rails used in the construction Rails of the road shall be of the latest and most improved pattern, and such as shall be approved by the City Council. Art. 2318. (6) That the streets through which the, streets to be ^ ' ^ kept in good road will be built shall be kept in repair from curb to condition. curb during the continuance of the term embraced in this charter at the expense of said Crescent City Railroad Company. The bridges on the streets between Louisiana avenue and Canal street shall be kept iii repair by the city of New Orleans, and all bridges between Louisiana avenue and Carrollton shall be kept in repair by said railroad company ; and in case of their failure to perform such obligations after due notification by the Department of Improvements, said repairs shall be made by the city at the expense of said railroad company, and the amount so expended by the city to be recoverable before any court of competent jurisdiction. Art. 2319. (7) That nothing in this ordinance or in city not re- ' " sponsible. the grant of right of way or other rights, or in the notarial act made in pursuance of this ordinance, shall be construed as binding the city of New Orleans, or making the said city, directly or indirectly, or in warranty for any claims of citizens or corporations on account of said ordinance, grant or notarial act, or any claims for infringement of rights, or damages to persons or property caused by the grantees, or in any way re- sulting from the construction and operations of said railroad by said grantees, nor for any claims for dam- ages, losses or injury sustained by the said grantees or their successors or assigns, in case they should be de- 868 RAILROADS. prived of their rights or be interfered with in the exer- cise thereof by any person whatsoever, save it be the lawfully constituted authorities of the city; nor shall the said city be liable for any work done or materials used in paving or repairing said streets in pursuance of this grant or under the direction oJ and contract with said grantee. Term of lease. Art. 2320. (8) That the Icasc of the entire lincs shall be extended ten years beyond the time fixed for the ex- piration of the present charter ; but on and after the expiration of the present charter the company shall be subject to taxation. In consideration of the extension of the road herein provided, and the reduction of fare Capitation tax, , . „, ^ ^ , „ ■ ■, ■, hereinafter provided, the tax of one-eighth of a cent, present capitation on passengers, is hereby abolished, from and after the passage of this ordinance ; but in case of failure on the part of the railroad company to fulfil the conditions herein imposed, then the said capi- tation tax shall continue and be collectible the same as if these stipulations had not been entered into. Fare. Art. 2321. (9) That the Crescent City Railroad Com- pany shall be required, and it does hereby stipulate to fix the price of six and one-quarter cents each for the transportation of passengers via Tchoupitoulas street, to the upper terminus in Carrollton, and this charge shall be continued until such time as the company may be enabled to pay a dividend of four dollars per share on its stock, after which time the fare shall be reduced to five cents ; the par value of said stock being seventy- five dollars per share. Right of re- Art. 2322. (10) That at the expiration of the charter, as herein granted, the roadway, rolling stock, equipments, depots and fixtures, may be taken and paid for by the city at an appraised value, to be ascertained in the following manner, viz. : Two disinterested per- sons, one to be appointed by the Mayor, and the other by said railroad company, shall fix said value, and in the event of disagreement, an umpire shall be selected by said two appraisers, whose majority decision shall be final ; provided, that when the said two appraisers fail RAILROADS. 869 to agree upon an nmpire, he shall he selected by a judge of one of the district courts of the parish of Orleans, which judge shall be selected by the two appraisers. Art. 2323. (11) That whenever it shall become neces- changes to sary to lower or raise the grade, or change the railroad ^ ""* of the said road or any part thereof, by order of the City Council, such change shall be made by the said company without delay, and at the cost and expense of said company. Art. 2324. (12) That permission is hereby granted to remove to the Crescent City Railroad Company to remove their track from Chippewa street to Louisiana avenue, in place of Toledano'street, between Tchoupitoulas and Chippewa ; provided, the tracks shall be removed at the expense of the company and the streets be placed in good order. Art. 2325. (13) That permission is also hereby Right to use: granted to the Crescent City Railroad Company to use"°"''*^° the iron frame on Canal street, between Chartres and ('amp, as their starting place, during the pleasure of the Council. Art. 2326. (14) That the city of New Orleans reserves- Right to lay the right to lay gas and water pipes in the streets p^'ipe" *"*^ ^"^ named as the route of this railroad, and the city, in exe- cuting said work, shall use as much of said" streets as may be necessary without becoming liable therefor to the company, or any person or persons whomsoever. Art. 2327. (15) That nothing herein granted shall be construed as modifying or changing the present charter, except in cases specially provided herein. Art. 2328. (1 ) That the Crescent City Railroad Com- change of iron pany be allowed to substitute what is known as the a.'s. 3653 Dean & Coleman pattern of iron for the extension of their road to C^arrollton instead of the T rail now prescribed by law ; provided, that said rail shall be laid upon a string piece resting upon crossties, and in such manner, and according to such directions, as shall be approved by the City Surveyor. Art. 2329. (1) That in consideration of the Crescent City Railroad Company doing and performing the acts and obligations hereinafter set forth, to- wit : paying all J0S3. Oct., 1876. 870 RAILROADS. c o n ditionai taxes to the city of New Orleans now due, and waivina: extension of n n i • • o time of com- any and all claims to exemption from future taxation Seventh D i s - uudcr their prcscut existing ordinances and contracts with A.'s. 49SI. the city of New Orleans, and in consideration of the said Crescent City Railroad Company repairing and keeping in repair during the term of their contracts all the bridges and streets from curb to curb through which their lines of road now run or may hereafter run under their rights of way acquired by contracts with the city of New Orleans ; and in the further consideration that the said company shall continue to run its cars to the present terminus, the Upper City Park, as at present, fare not to exceed five cents each way, and in the further consideration of said company completing their lines of tracks to the Seventh District of this city, formerly Car- rollton, as specified in Ordinance No. 3243, Administra- tion Series, at such time and as soon as the number of residents along the lines of their road between its pres- ent terminus, the upper city park, and the Seventh Dis- trict of this city, will justify the cost and expense of ex- tension and make it profitable to do so ; the time to be determined by a committee of arbitration, consisting of two members, to be selected as follows : One arbitrator to be selected by the city of New Orleans upon applica- tion of the residents of that portion of the city, as re- ferred to above, one to be selected by the Crescent City Railroad Company. The two thus selected, in case of disagreement, to select an umpire, whose decision shall be final and binding upon both parties. The City Coun- cil of the city of New Orleans hereby repeals such pro- visions of Ordinance No. 3243, Administration Series, as fix or limit the time for the completion of the Cres- cent City Railroad Company's lines to the Seventh Dis- trict of this city, formerly Carrollton, and that portion of said Ordinance No. 3243, Administration Series, that contains an obligation for the non-fulfilment of the conditions therein imposed. Partial repeal. Art. 2330. (2) That all othcr provisions of said Or- dinance No. 3243, Administration Series, not in conflict with the provisions of this ordinance, shall remain in RAILROADS. 871 full force and effect, and that nothing herein shall be other provi- sions oi ordi- construed as modifyinsr or changing the present char- nance to re- ■^ , . . ,, main in force. ter, ordinances and contracts, except as herein specially provided. Art. 2331. (4) That the Crescent City Railroad Com- waiver, pany hereby waive any and all objections, legal or other- wise, to the city of New Orleans, granting by ordinance the right of way to any other railroad to the Seventh District of the city of New Orleans, formerly Carroll- ton, via Magazine street, across the Foucher Park prop- erty to Foucher street, up Foucher street to Broadway, out Broadway to Oliver street, up Oliver street to Levee, to its intersection with Jef- ferson street, in the Seventh District of this city, for- merly CarroUton ; provided, that the Crescent City Rail- road Company has not completed its lines as stipulated in section 1 of this ordinance, at the time such permis- sion is granted. TcJwupitoulas, Annunciation, Chippewa and Pleasant Streets. Art. 2332. (1) That the Mayor of the city be and he is hereby authorized and empowered to enter into con- tract, by notarial act or otherwise, with. David McCoard, s^ie. of right for the sale of the right of way to establish a branch cxs^ railroad on the following streets, to-wit : Starting from ^^^'' a separate stand on neutral ground. Canal street, at the corner of Camp street, with a track of one hundred and fifty feet, more or less, running into the main track of the New Levee street road, and following said track up Ro^t Tchoupitoulas street to the junction of said street with Annunciation street; thence up Annunciation street, passing on the northwest side of Annunciation Square to Pleasant street ; up Pleasant street to Chippewa street ; down Chippewa street, passing on the southeast side of Annunciation Square to Race street ; through Race street to Annunciation street ; down Annunciation street to Delord street ; up Delord street to New Levee street, and there connecting with the down track of the New Levee street road. Also permission to lay a track on 872 RAILROADS. Philip street, from Chippewa street to Levee street, con- necting with the stables on Philip street; provided, the same be constructed, equipped and run at the same rate and under the same terms and conditions as laid down in City Ordinance No. 6323, approved August 7, 1865, with the following exceptions, to-wit : The work to be commenced on or before June 1, 1866, and to be finished and the cars running by January 1, 1867; the iron rail used to be thirty-three pounds to the yard, with proportionate timber ; the cars to run every seven min- utes, instead of five ; and the bonus to be nine-sixteenths of one cent for each and every passenger carried. Extension and Art. 2333. (1) That pcrmissiou be and the same is route? ^^ ° hereby granted to David McCoard to extend his railroad jan.ii'ser. on Annunciation and Chippewa streets to Toledano street instead of Pleasant street, stand and turn- Art. 2334. (1) That the Crescent City Railroad Com- N.s.'748. pany be and is hereby authorized and requested to extend its road, constructed and organized by virtue of an adjudication made to David McCoard, under ordi- nances numbered 6345 and 6364, to the river side of the intersection of Camp and Canal streets, and to establish a stand and turntable on neutral ground. Canal street, at the said corner of Camp and Canal streets. Reduction of Art. 2335. (1) That the bonus now paid by the Cres- n"s. 1443. cent City Railroad Company, and by the St. Charles ay, 1869. street Railroad Company, pursuant to their contracts with the city of New Orleans, for the right of way for their several tracks, be and the same is hereby reduced to one-eighth of one cent per each passenger carried ; the consideration being that the said railroad company do now abandon their rights to the separate tracks now used by them on Canal street, and shall, within a rea- sonable time, conform to the plan of Louis Surgi, City Surveyor, now on file in his office, for a trunk railroad on Canal street. Camp, Coliseum, Chestnut, Front and Calhoun Streets. Right of way. Art. 2336. (1) That the right of way and privilege July,' 1871'. is hereby granted to Shelby Seymour and his associates RAILROADS. 873 of constructing, laying out and working a street rail- road, with the necessary turnouts, switches, turntables, through the following named streets, to- wit: Commenc- ing at the junction of Camp and Prytania streets and passing thence a single track along the west side of Camp street to Coliseum street, along Coliseum street to Felicity street, along Felicity street to Chestnut street, along Chestnut street to the street forming the lower line of the Foucher property, along said street to the Mississippi river, returning along Front street to Calhoun, along Calhoun to Camp, and thence along Camp to the point of starting at the junction of Camp and Prytania streets ; and that the said right of way and privilege is granted upon the following terras and con- ditions : (a) That the rails used shall be of a pattern similar those now in use by other city railroads. The timber ised shall be of the best quality of swamp cypress or ipland yellow pine, free from sap, and of such dimen- jsions as may be designated by the City Surveyor. (&) That the cars shall be of like construction with irst-class cars used upon, other city railroads. (c) That the lines and levels of the road shall be fixed )y the City Surveyor, and its material and construction jfhall be subject to the approval of the City Surveyor und Administrator of Improvements. (d) That the rate of fare for the whole distance shall lot exceed 5 cents for each passenger, and the cars shall lot be run at a speed exceeding six miles per hour. (e) That the railroad cars, mules, machinery, fixtures id the property of the company shall be subject to issessment and taxation, in manner and form as other i:able property in the city is assessed. (/) That at the expiration of said grant of right of ray, the road, the rolling stock, equipments, machinery, lepots, fixtures and the property and effects appertain- ig to the company shall be subject to be taken by the 5ity, at a valuation to be fixed by two disinterested per- )ns, one to be appointed by the Mayor of the city, and le other by said grantees or their assigns. In the event Lines and levels. Speed. Right of re- version. 874 RAILROADS. that the said two apprnisers shall not agree, then another shall be selected by them, whose decision as umpire shall be final ; and in the event of a failure thus to appoint an umpire, the valuation shall be determined by one of the district courts of New Orleans having jurisdiction over the matter, with the right of appeal to the Supreme Court of the State. Term of grant, (q) That the Said railroad shall be completed and opened for public use by the 1st day of January, 1874, and the right of way and privileges granted herein shall continue twenty years from and after the opening and completion of said road, streets to be (Ji) That the Street through which said grant extends, kept in good ^ ' ° o 7 condition. as Well as the bridges thereon, shall be kept in good running order, during the term of this privilege, by the company. Running time. (/) That in ordcr to provide for an accommodation of the people of the Sixth District, not heretofore enjoyed, it shall be the duty of the said grantees, upon the com- pletion of said railroad, to run at short intervals from 5 o'clock A. M. until 12 o'clock at night, and after that hour at intervals of not less than one hour each way until 5 o'clock a. m., when short intervals must be resumed. Repairs made ( j) That whcnevcr the Administrator of Improve- by city at ex- ^'^ ^ . ^ ^ p e n s e of mcuts may become aware that said grantees have failed grantees. *' " to keep any street in repair, according to the provisions of the foregoing articles, the said Administrator may issue a written notice to them at their domicile requir- ing said repairs to be done, and, if the said work is not begun within forty-eight hours from the service and completed within a reasonable time, then said Adminis- trator may cause said work to be done at the charge and risk of said grantees, who shall be liable for all costs >^ and expenses which may be incurred in executing said repairs, and shall reimburse the same to the city on demand. Motive powers. (A') That the sald Shelby Seymour, his associates and assigns, and their successors, shall have the right of employing and using in the running of their cars any RAILROADS. 875 other motive power instead of horses and mules, which may be adopted or found practicable for the purpose, subject however, to the police power of the city relative thereto. (I) That the said grantees shall agree to all the Pi'0-^^^°J*j^'g'^°°^^ visions of this ordinance within sixty days after its ordinance, passage, by act before any competent notary public, or failing therein, this ordinance to be null and void ; but nothing in the provisions of this ordinance shall be construed into an obligation on the part of said grantees to repair said streets until the completion of said rail- road. (m) That the city of New Orleans reserves the right Right of city to lay gas and water pipes in the streets named as the wate^^ ^ipesf " route of this railroad, and the said city, in executing said work, shall use as much of said streets as may be necessary, without becoming liable for damages or other- wise to said grantees. (m) This ordinance is not to be construed as granting city not re- to the said company a,ny more than the right of way, ^''°"^'° ^' and to that extent only is the city to be bound ; and if compensation for the use of any of the streets, if set up by private individuals or owners of property, the city is in no way or manner to be made liable therefor to the lompany, or any person or persons whomsoever. Art. 2337. (1) That a continuation of the right of way continuation existing in favor of Shelby Seymour and Charles H. ^^H^s^tZ'"^' Chase, by virtue of the provisions of Ordinance No. 992, ^°'^"' '^^'' is hereby granted to said contractors by a single track connecting with the route on Camp street, commencing ^°"'^*- at the junction of Camp and Prytania streets, and cross- ing Prytania street, running thence along Calliope to St. Charles, along the east side of St. Charles to Tivoli Cir- cle, around Tivoli Circle to St. Charles, thence along the east side of St. Charles to the trunk road on Canal street, along said trunk road to the common turning point near the levee, and returning by said trunk road to Carondelet, across Canal street and up the west side of Carondelet to Clio, thence along Clio to the intersec- tion of the route, up Coliseum and Chestnut streets, sub- 876 RAILROADS. ject to all the conditions and regulations existing by virtue of the provisions of said Ordinance No. 992, and the contracts of the city with other screet railroads. Conditions of Art. 2338. (2) This extension is granted upon the A. s. 1222. condition that said contractors or their assigns shall pay to the Administrator of Finance in the city of New Or- leans as a bonus for this continuation of the right of way the sum of thirty thousand dollars ; and further, it is understood the railroad Ordinance No. 992, so con- tinued, is still liable for the usual taxation therein named, as this bonus of thirty thousand dollars in no way exempts it therefrom. foucher park, market street to carrolltox. Right of way Art. 2339. (1) That the right of way and privilege through Citv ^^ *= •' f r> Park and for a doublc track street railroad through the Foucher ' a. s. 1 192. Park ground and Market street, in Faubourg Greenville to the lower line of Carrollton, is hereby granted to Shelby Seymour and his assigns, subject to the same obligations and stipulations as exist between the city and the said Shelby Seymour and his assigns, by virtue of the provisions of Ordinance 992, Administration Series, and subject to the approval of this grant by the Park Commissioners. Magazine, Broadway, Felicia and Lowerline Streets. Right of way. Art. 2340. (2) That permission be and the same is A*pri'i, 1873. hereby granted to the owners of the Magazine Street Railroad to lay a double track railroad, with the neces- sary turnouts, switches and turntables, at the intersec- tion of Magazine street and Broadway ; down Broadway lb. to the intersection of Felicia street, up Felicia street to the intersection of Lowerline street, up Lowerline street to the intersection of Macarty street, in the city of Car- rollton, upon the following terms and conditions : Rails. (a) That the rails used shall be of a suitable pattern, * similar to those now in use by other city railroads. The timber used shall be of the best quality of swamp cy- press, or upland yellow pine, free from sap, and of such dimensions as may be designated by the City Surveyor. RAILROADS. 877 (?>) That the cars shall be well adapted to the purpose Cars, intended, and of like construction with first-class cars used upon the city railroads in other larit^e cities in the United States. (c) That the lines and levels of the road shall bej^J;,^"^^ ^"^ fixed by the City Surveyor, and its material and con- struction shall be subject to the approval of the City Surveyor and Administrator of Improvements. (d) That the rate of fare for the whole distance of the ^^'■«' road shall not exceed five cents for each passenger, and Speed, the cars shall not be run at a speed exceeding six miles per hour. (e) That the cars, mules, machinery, fixtures and the . Annual taxa- ^ ■^ ' ' •' ' tion, property of the company shall be subject to assessment and taxation in manner and form as other taxable prop- erty in the city is assessed. (/■) That at the expiration of said grant of right of j^jg^t of re- way the city of New Orleans shall have the right to version, purchase and take the road, rolling stock, equipments, machinery, depot fixtures, the property and effects, mules and horses, and all rights, grants, franchises and privileges appertaining to the company and its said road, at a valuation to be fixed by two disinterested persons, one to be appointed by the Mayor of the city and the other by said grantees or their assigns. In the event that said two appraisers shall not agree, then another shall be selected by them, whose decision as umpire shall be final, and in the event of failure thus to appoint an umpire, the valuation shall be determined by one of the district courts of New Orleans having jurisdiction over the matter, with the right of appeal to the Supreme Court of the State. (g) That the streets, from curb to curb, through which streeu to be said grant extends, as well as the bridges thereon, shall condition.^ °°*^ be at all times kept in good running order and condi- tion, during the entire term of this privilege, by the owners of this road. (/i) That in order to provide for the accommodation „ ^ ■^ '^ Kunning time. of the people of the Sixth District, it shall be the duty of the said grantees, upon the completion of said rail- 878 RAILROADS. road, to run their passenger cars at intervals of not less than thirty minutes, from 5 a. m. until 12 o'clock at night. ^bV^'city^ft (0 That whenever the Administrator of Improve- gri'ntees.^ ''^ mcuts may become aware that said grantees having failed to keep any street in repair, or to do any work thereon according to the provisions of the foregoing articles, the said Administrator may issue a written notice to them at their domicile, requiring said repairs or work to be made or done, and if the said repairs or work is not begun within forty-eight hours from the service of said notice, and completed within a reason- able time thereafter, then, and in that event, said Ad- Penaities. ministrator may cause said repairs or work to be done at the charge and risk of said grantees, who shall be liable for all costs and expenses which may be incurred in executing said repairs or work, and be subjected to a fine of twenty-five dollars per day for every day they shall neglect to comply with said notice, and the said grantees shall reimburse to the city, on demand, the amount of all costs, expenses, damages and outlays, to which she may be subjected, and shall pay and dis- charge, without default, the fine aforesaid. Conditional (j) That the said grantees shall agree to all the pro- nance, visions of this ordinance within thirty days after its passage, by an act to be executed before the City Notary Public, and failing therein, this ordinance shall, ipso facto, become null and void, but nothing contained in this ordinance shall be construed into an obligation on the part of said grantees to repair said streets, except as the said road may, from time to time, be constructed and laid. Right of citv (^.) That the citv of New Orleans reserves the right to lay gas and v / - <^ water pipes, to lay gas and water pipes in or across the streets named as the route of said railroad, and the city in executing said work shall use as much of said streets as may be necessary without, in any way or manner, be- coming liable for damages or otherwise to said grantees or any other person or persons whomsoever. (0 This ordinance is not to be construed as granting RAILROADS. 879 to said owners any more than a right of way, and to that cuy not re- '' i-> ./ / sponsible. extent only is the city to be bound, and if compensation for the use of any of the streets, or any part thereof, is set up by private individuals or owners of property, the city is in no way or manner to be made liable therefor to the owners of the railroad or any person or persons whomsoever ; and it is fully understood and declared that the grantees of the rights and privileges herein con- veyed shall and do release the city of New Orleans from any and all claims for damages or otherwise, and shall, without delay, dismiss at their own costs all suits against the city, heretofore brought, or that may be now pending. (m) That the right of way and privileges herein Term of grant. granted ■ shall continue for and during the term of twenty-five years, commencing from the date of this ordinance ; provided, that said road shall be completed iWithin three years from such date. Art. 2341. Whereas, the right of way for a street ailroad having been granted by and under Ordinances OS. 992, 1192 and 1222, A. S., from Canal through arondelet to and through Clio, to and up Coliseum and hestnut streets, to the City Park and Mississippi river, nd thence returning to and down Camp, to and through alliope, to and down St. Charles street to Canal street ; And Whereas, the commencement and completion of said road has been delayed and prevented to the present time by legal proceedings ; And Whereas, the contractors are now willing to com- ply with the terms and conditions of said ordinance ; therefore, be it ordained : Art. 2342. (1) That the City Surveyor be and is Lines and hereby authorized and directed to furnish and deliver to '^a.' s. 6192. the grantees of said rights or their assigns the necessary ^°'^-' '^^^^ lines and levels required by said ordinance. Art. 2343. (2) That the term of twenty years for Date and term which said privilege was granted, shall commence from °^^''^''^' the date at which the City Surveyor shall inform the Council of the completion of the track and the running of the cars thereon, which term, for the completion of nect. 880 RAILROADS. the track and running of said cars, is hereby limited to two years from the passage of this ordinance. Terminus. Art. 2344. (3) That the privilege of terminating said road at Louisiana avenue, until such time as the number of residences above said avenue shall warrant the con- tinuation of said road, is hereby granted to the said Fare. grautccs Or their assigns, the rate of fare not to exceed five cents each way. Right to con- Art. 2345. (4) That by and with the consent of any other street railway company now having tracks run- ning from the upper portion of the city to Canal street, the right of way and privilege is hereby granted of connecting the Coliseum Street Railway with, and of running the cars of the said Coliseum street road upon the tracks of the said other roads through Clio or Calliope streets, during and for the period of this grant, it being expressly understood that no authority is hereby con- ferred, nor shall the city of New Orleans be in any manner liable for any interference under this ordinance with the rights of any other street railway companies, and that this privilege shall not be in lieu of any rights conferred by Ordinance Nos. 992, 1192 and 1222, but in addition thereto. Change of Art. 2346. (5) That the privilege is hereby granted to said contractors or their assigns to run the down track of the Coliseum street road from Camp street through Felicity or Race street to and down Coliseum street to Clio or Calliope street, instead of running said tracks down Camp to Calliope street as provided in the ordinances heretofore passed and above referred to. Art. 2347. (6) That in addition to the sum of thirty thousand dollars, amount of bonus to be paid by said contractors or their assigns to the city of New Orleans, which amount has been paid, and the receipt of which is hereby acknowledged, said grantees or their assigns shall pay the further sum of ten thousand dollars as a bonus for the changes herein made, and the privileges conferred by this ordinance immediately upon the passage of the same. Art. 2348. Whereas, it is proposed under and by route RAILROADS. 881 virtue of Ordinance 6192, A. S., that the Coliseum Street To occupy Railroad shall occupy, with the Crescent City Railroad, street, the stand on Canal street, between Camp and Magazine juiy,' 1880! streets, now used by the Crescent City Railroad Com- pany, the latter company consenting thereto ; and, whereas, certain changes of lines for a stand are neces- sary to make said connection. Art. 2349. (1) Said change of lines and use of a turntable for a stand shall be made under the direction of the City Surveyor and Administrator of Improvements, and that the Crescent City Railroad Company, upon the completion of said arrangement with the Coliseum Rail- road Company grantees, shall be relieved from any ob- ligation requiring the use of lines for a stand other than those adopted under this ordinance, or from any obliga- tion that might arise from not using lines or turntable for a stand other than those directed by the City Sur- veyor and Administrator of Improvements under this ordinance. Art. 2350. (1) That permission be and is hereby Right to con- granted to the Crescent City Railroad Company to con- a. s. 6657. iiect the Coliseum, Chestnut & Camp Street Railroad and the upper Magazine Street Railroad tracks, through Louisiana avenue, upon lines and levels to be furnished by the City Surveyor and approved by the Adminis- trator of Improvements ; said connection to form one continuous line on which only one fare, not to exceed the sum of five cents each way, shall be charged, be- tween Canal street in the First District, and Joseph street in the Sixth District. Art. 2351. (2) That in consideration of this privilege Extension of of connection on Louisiana avenue, and the charge of only one fare (five cents) as per section 1, and the exten- sion of said line to Carrollton, within twelve years, the time of which the right of way has been granted to the Upper Magazine line is hereby extended so as to expire at the same period of time as that granted the Coliseum, Chestnut & Camp Street Railroad, and that the right of way heretofore granted to the said Coliseum, Chest- nut & Camp Street Railroad above Louisiana avenue 882 RAILROADS. is hereby abrogated, canceled and annulled ; provided, the Crescent City Railroad Company accepts in writing (through the proper officers of said company) the pro- visions and conditions of this ordinance within five days from the date of its promulgation. p^TjOpConnect Art. 2352. (3) That the privilege is hereby given of ^^^^•p^^^^'^^'j connecting the station of the Crescent City Railroad track. Company, on Philip, near Tchoupitoulas street, with the Camp street track of the Coliseum, Chestnut and Camp Repeal in ^^^^^^ ^i^^^, through PMlip strcct. All ordinances or clause. parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Location of Art. 2353. (1) That the City Surveyor in giving the "^ a!"s. 6736. lines of the Coliseum route of the Crescent City Rail- Dec. 1^0 road Company on St. Charles and Carondelet streets is hereby instructed to place one rail on each side of the present tracks of the St. Charles Street Railroad Com- pany, at the proper gauge, thereby fixing the tracks of both companies at an equal distance from the centre of the street, the west track on St. Charles street and east track on Carondelet street, for the use of the St. Charles Street Railroad Company, and the east track on St. Charles street and west track on Carondelet street, for the use of the Crescent City Railroad Company. Expense and Art. 2354. (2) That all the labor and material neces- labor and ma- terial, sary for the work shall be at the expense of the Cres- cent Railroad Company, and the change made in such manner as shall not stop the running of the St. Charles Street Railroad Company, or impede the use of th( streets. Right to lay Art. 2355. (3) That the provisions of this ordinance shall not deprive the Crescent City Railroad Company of its rights to lay its tracks, as now provided by law, in the event of any legal obstacles arising to prevent the work. Conditional Art. 2356. (1) That iu Consideration of the Cresccut grant t o r u n track alongside City Railroad Company riveting, covering and flooring canal. the Camp and Coliseum Street Canal, from Race street Feb.", iMi! to the lower end of the Coliseum Square or Park, at their own expense, in accordance with the plans and RAILROADS. 883 specifications on file in the office of the City Surveyor, the city to furnish and do any necessary filling, the privi- lege is hereby granted 'to said company of running the down track of their Coliseum, Chestnut and Camp street line on said canal, along its west branch or side, from Race street to the lower end of said Coliseum Square or Park, and thence into and down Coliseum street, on the west side of said canal, as heretofore pro- vided, during and for the term of the Coliseum Street Railroad grant ; it being understood that this privilege shall not prevent said company from exercising thf^ rights heretofore granted them by removing said tracks to the route or routes heretofore stipulated, should they elect to do so, whenever litigation now preventing the exercise of said rights shall have been decided in their favor ; the revetment, covering and flooring of said canal, for the distance used for said tracks, to be kept in repair at the expense of said company only while so used. Art. 2357. That the privilege is hereby granted to change of said Crescent City Railroad Company to connect the ord!No.434S, Coliseum Line with their tracks on Annunciation street Mar. 5, 1890. by running through Erato street with a double track, instead of Calliope street, as heretofore provided, and shall have the right to nin the cars of their Annuncia- tion Street Line in conjunction with the Electric Traction and Manufacturing Company, through these connections over the tracks of the Coliseum Street Line to and from the Canal street terminus. Art. 2358. The company obligating itself to pave consideration, with Rosetta gravel and keep in repair from curb to curb that portion of Erato street through which this connection runs, and to hold the city harmless and de- fend her in any litigation with others that may arise out of the provisions of this ordinance ; provided, that noth- ing herein shall be construed as in any manner altering or changing the schedule for running on existing tracks of the Annunciation Street Line. Art. 2359. (3) That it is understood and agreed that Existing right this ordinance shall not be construed as depriving the "° ''"p*"'® • Crescent City Railroad Company of any rights now ex- 384 RAILROADS. isting, and shall not bind said company to its terms and provisions in event of any obstacle arising to prevent compliance with any of its terms and provisions. hoTs°es on Front ^^'^- ^360. (1) That pemiission be and is hereby ** a! s. 7256, gi'anted to the Crescent City Railroad Company to stable Aug., 1881. twenty horses at No. 4 Front street, between Canal and Crossman streets, the same revocable at the pleasure of the Council. See Ordinances O. S. Xos. 6323. «34.5, 6364. 6395; N. S. 41, 748. 1253, 1443; A. S. 262, 992. 1192, 1222. 1468, 2074, 3243, 3327, 3534, 3653, 4311, 4951, 6192, 6209, 6226. 6582. 6657, 6736, 6890, 7256, 7340, 7371. Ord. 682. City of Jefferson. Paving with Art. 2361. (1) That in consideration of the Crescent granite stone. _ ^ ' ^oni. No. 7829, City Railroad Company paving with granite stones, ac- May 16, 1872. cording to specifications to be drafted by the City Sur- veyor and approved by the Administrator of Improve- ments, an amount of square yards of roadway, wherever selected by the Administrator of Improvements, equal to the amount of paving on Canal street fronting the said (crescent City Railroad Company's property and the jj^j^^^^^g^ intersection of Wells and Canal streets, these two in repair. amouuts bciug the city's portion of square block paving already constructed by the Louisville & Nashville Rail- road Company. The same to be completed within six months of notification from the Administrator of Im- provements, and the said company to keep thereafter, and for all time to come, the said streets in repair from Turntable on ^^^^^ ^o curb. The Said Crescent City Railroad Company MVeiu street, g^all havc the privilege during the term of their present charter of using a turntable on Wells street, at the en- trance of their station, and connecting tracks now used by said railroad company on Canal street, with said table for the purpose of running their cars to and making said table the terminus of their Canal, Coli- seum & Upper Magazine Street Line. Turntable, Art. 2362. (2) That said companv shall have the Octavia and. „,. , ,, ^t i j Magazinestreet privilege of placiug the tumtablc now at Joseph and Upper Magazine streets, at the corner of Octavia and Magazine streets, for the purpose of turning the cars ot said Coliseum Street Line at that point on their return trips. RAILROADS. 885 Art. 2363. (3) That said Creseeut City Railroad single tracks ^ 1 ,1 1 ,1 • -1 ,. -• 1 • Octavia street. Company shall have the privilege ot connecting their Tchoupitonlas and Colisenm lines by a single track through Octavia street. The work to be done according to lines and grades to be given by the City Surveyor, and the whole to be constructed to the entire satisfaction of the Administrator of Improvements. Art. 2364. The Crescent City Railroad Company has contracted with the Electric Traction and Manufacturing Company to substitute electric storage batteries on all of its lines of railroads in lieu of animal power, as a motive power for its cars, and The said Electric Traction and Manufacturing Com- pany is the transferee of the franchise granted by this Council to W. J. Behan, Maurice J. Hart and E. H. Farrar. Art. 2365. That the Crescent City Railroad Company storage bat- '^ " tery cars. is herebv authorized, under the contract with the Elec- Ord. No.4a39, ' c s. trie Traction and Manufacturing Company, to substitute Jan. 28,1890. storage battery cars for cars propelled by animal power on all its lines of railroads in the city of New Orleans. Art. 2366. That the Comptroller be and is herebv ^ •^ _ " Sale at pub- authorized and directed to advertise according to law, and "c ituction. ^ ' Ord.No. 6762, to sell in block at public auction to the highest bidder <^ s. . . Oct. 25, 1892 an extension of the following-described street railway franchises now owned and operated by the Crescent City Railroad Company, for fifty years from the date of the ex- piration thereof, upon the following terms and condi- tions, and fixing the specifications ; provided, however, that all bids shall be subject to rejection by the City Council. Extension of Franchises for 50 Years. Art. 2367. The right to construct, maintain and operate iJ e s c ription ^ oi franchises to tor fifty years lines of street railway for the carrying of be sold, passengers over the following described routes : The TehoHpifoida,s Street Line. Commencing on the neutral ground of Canal street. Route, near Camp street, out the south side of said neutral 886 RAILROADS. ground with single track to Tchoupitoulas street, up Tchoupitoulas street with single track to St. Mary street, thence by double track, one up and one down, to Bou- levard street, and from St. Mary street down South Peters street to the north side of the neutral ground of Canal street to near Camp street, with right of switches and turntables on neutral ground on Canal street, and on other streets, where necessary, and all turnouts into station houses. The present franchise, of which this is an extension, expires on the 30th day of August, 1901. The Annunciation Street Line. Route. Art. 2368. Over the Tchoupitoulas street line, from Camp and Canal streets to St. Mary Market, thence by single track up Annunciation street to Delord street, thence by double track to Race street, thence with single track around Annunciation Square to Annuncia- tion street, up Annunciation street to Felicity road, through Felicity road to continuation of Annunciation street, up Annunciation street to Toledano street to Tchoupitoulas street, up Tchoupitoulas street over the Tchoupitoulas Street Line to Louisiana avenue, through the north side of Louisiana avenue to Water street, down Water street to Toledano street,, down Toledano street to Chippewa street, do\ Chippewa street to Felicity road, through Felicity ro« to the continuation of Chippewa street, down Chipper street to Orange street, thence around the east side o\ Annunciation Square to Annunciation street, thenc^ over the double track, above described, to Delord streetj thence with single track through Delord street to Sout Peters street, and thence over the Tchoupitoulas stree| line to Camp and Canal street, with right to construe switches, turntables and turnouts to station houses^ The franchise of which this is an extension expires oi the 30th day of August, 1901. Terms and conditions, see Arts. 2372 to 2379 inclusive. Art. 2369. That the Comptroller be and he is hereb;j authorized and directed to advertise, according to la\ RAILROADS. 887 and to sell at public auction to the highest bidder, an ex- saie at auc- tension of the following-described street railway fran- or'd. no. 6S70, chise, now owned and operated by the Crescent City '001.25,1893. Railroad Company, for fifty years from the date of the expiration thereof, upon the following terms and con- ditions, and fixing the specifications ; provided, however, that all bids shall be subject to rejection by the City Council. Art. 2370. The right to construct, maintain and op- Description erate for fifty years line of street railway for the carrying be so!d!^ '^^ of passengers over the following-described route, to-wit : The Coliseum Street Line. Art. 2371. Commencing at the turntable on Wells ^^"te. street, between Canal and Crossman streets, thence out Wells street to the single track trunk road on the north side of Canal street, thence over the said trunk road to Carondelet street, up the west side of Carondelet street, with single track, to Clio street, out Clio street to West Camp street, up West Camp street to Coliseum street, up Coliseum street to Felicity road, through Felicity road to Chestnut street, up Chestnut to south side of Louisiana avenue, out the south side of Louisiana avenue to Upper Magazine street, thence with double track, up and down, through Upper Magazine to Walnut street, and beginning again with down track at the corner of Upper Magazine and Louisiana avenue, through the north side of Louisiana avenue to Camp street, thence down Camp street to Calliope street, through Calliope street to St. Charles avenue, through the east side of St. Charles avenue to Lee Circle, around the east side of Lee Circle to St. Charles street, thence along the east side of St. Charles street to the trunk road on the south side of Canal street, and along said trunk road to the turntable on Wells street, aforesaid, with the right to construct proper switches, turntables and turnouts to stations. The franchise of which this is an extension expires on the 1st day of September, 1901. Art. 2372. The purchaser shall assume and hold the city of New Orleans harmless and free from all obliga- 888 RAILROADS. coIditTons* "of tions and stipulations contained in her contracts with s^ie. the Crescent City Railroad Company. Every bidder for the purchase of said franchise shall, as a condition precedent to the receiving: of such bid by the City Comp- troller, deposit with the City Treasurer the sum of fifty thousand dollars ($50,000) in United States currency, and shall at the time of bidding file receipt therefor with the Comptroller, and no bidder shall be considered who has failed to file the receipt of the City Treasurer with the City Comptroller showing that he has made such deposit. The deposits of all unsuccessful biddet's shall be immediately returned to them, and the fifty thousand dollars of the highest bidder shall be held as security that he will sign the contract, in case his bid is accepted by the City Council, and give the bond re- quired for the completion of the work ; and in case of the failure of the successful bidder to sign the said con- tract, and give the said bond the said fifty thousand dol- lars shall be forfeited to the city as liquidated damages, j^^cojitract and Art. 2373. The successful bidder shall be required lb. within ten days of the acceptance of his bid by the City Council, to enter into notarial contract before the City Notary with the city of New Orleans embodying all tlu' terms and stipulations in this contract, and shall be re- quired at the time the said contract is signed to give to the city of New Orleans a bond in the full sum of th(^ amount of his bid, conditioned upon his faithful com pliance with all the provisions of this ordinance and of his bid, said bond to continue and be in force until tlu expiration of the franchise sold. In case the Crescent City Railroad Company is the successful bidder said bond shall operate as a conventional mortgage for the amount of the bid upon all of its property and franchises. In case any other person is the successful bidder, he shall give a bond, with mortgage on real estate, to the amount of his bid, with the privilege of substituting the mortgage on said real estate with a mortgage on tlie railroad and its franchises owned and constructed by him under said franchise. Said bond shall be executed RAILROADS. 889 to the satisfaction of the Mayor. The price bid shall not be paid at the time of adjudication, but the bidder shall be obligated to expend the same in street paving in the city of New Orleans, to be commenced and fin- ished at such time after the signing of the contract, and on such street and with such material as the City Coun- cil may designate ; all contracts for such pavements to be paid for by the purchaser, to be let to the lowest bid- der by the authorities on plans and specifications pre- pared by the City Engineer, and the amount due on each of said contracts, up to the amount of the bid, to be paid by the bidder within twenty-four hours after same is due and demand is made therefor by the proper author- ities. Art. 2374. Tracks shall be of a girder rail, of style, Tracks, dimensions and weight, and manner of laying same, all to be approved by the City Engineer. All the streets .through which the tracks of this franchise now run, (^described above, or may run under the provisions of hhis franchise, shall be maintained in first-class order ^between tracks and one foot on each side of said tracks. Art. 2375. Cars shall be of a pattern and build sub- cars, jeet to the approval of the City Engineer. Art. 2376. The motive power shall be animal. Speed Motive power ►f cars shall not exceed twelve miles per hour except by ^" **" " ib. tjBonsent of the City Council. Art. 2377. The fare shall be five cents for any distance, pare. ^except after 12 o'clock midnight, and until 5 o'clock a. ^^' ■M., during which period of time the fare shall be ten [cents for any distance. Art. 2378. At the expiration of the aforesaid fran- Right of re- ^«hise, to-wit: On the 1st day of September, A. D. 1951, the said, the railroads' rolling stock, equipment, fixtures and depots, shall revert to] the city of New Orleans on a valuation to be ascertained by two disinterested persons, one to be appointed by the city of New Orleans and the other by his purchaser or his assigns ; and in the event of the disagreement as to the said valuation between said persons thus appointed, a third person, or umpire, shall be appointed by the Civil District Court, or its lawful version. 890 RAILROADS. successor, and the decision of the said umpire shall be final. Right to as- Art. 2379, The purchaser of said franchise shall have lb. the right to assign the same to any person or corporation competent to hold and exercise the same. frinchJe""^'^ Art. 2380. Nothing in this ordinance shall be held ^^- to conflict with the right of way for a street railroad sold to Judah Hart under Ordinance No. 5784, C. S., and the purchaser of this extension and the said Judah Hart shall be required to use the same tracks where the two franchises cover the same route, under such mutual agreement as to construction, ownership and maintenance of said tracks as they may agree upon. o"f"uSlWan Art. 2381. (1) That the bid* of Judah Hart and R. Donaui.^' ^"^ T. McDouald, for the extension for fifty years of the ^0|d.No. 7243, rppjjQ^pjI-Q^j^g and Annunciation Street Lines of the Feb. 28, 1S93. Qrescent City Railroad Company, under Ordinance No. 6762, C. S., also their bid for the extension for fifty years of the Coliseum Street Line of the Crescent City Railroad Company, under Ordinance No. 6870 C.S., be and the same are hereby accepted, and that the Mayor be directed and instructed to enter into notarial contracts with the said Judah Hart and R. T. McDonald or assigns ; provided, that in addition to the said cash bid of one hundred and fifty thousand ($150,000) dol- lars for its two franchises, they will enter into a con- tract with the city of New Orleans to do the following permanent improvements : Square Block Paving to be Belaid. Square block Art. 2382, All strccts through which the tracks of j)avinff o ^'■^"^jjg (^pggQgj^^ City Railroad Company's lines now run, ■ namely, Tchoupitoulas, Annunciation and Peters streets, which are paved with square blocks, where directed by the City Engineer, shall be taken up from curb to curb, and the whole laid at such grade as the City Engineer shall establish. paving. Art. 2383. It is further agreed that they shall, at their * own cost and expense, pave both Chestnut and Camp RAILROADS. 891 streets from the upper side of Felicity road to the upper side of Louisiana avenue. This work shall be com- menced within four months from the signing of the notarial contract, and be completed within one year thereafter. The space between the track and for a dis- tance of one foot outside of the rail on the said Chest- nut aud Camp streets shall be paved with Belgian block. The balance of the streets shall be paved with good con- crete gravel, on plans and specifications to be furnished by the Civil Engineer, and the work shall include curb, counter curb, gutter bottoms, brick culverts, iron bridge tops, Belgian block, cross-walks and iron-gutter cross- ings with the name of the street thereon. On such blocks on the line of these two streets, namely. Chestnut and Camp, where the majority of the curbing is of stone, the new curbing necessary and the counter-curbing and wings will be of the same material, and the gutter bot- toms will be of concrete, laid in a bed of six inches of concrete gravel, otherwise the curb, counter-curb, gut- ter-bottoms and wings to be of heart cypress. Art. 2384. (2) That if the purchasers so elect they shall Payment have the right to pay the whole amount of their bids in cash at the time of signing the notarial contracts, or to give the real estate bond provided for in the specifica- tions. Art. 2385. (3) That the said Judah Hart and R. T. Mc- cost of pav- Donald do further obligate and bind themselves, their T^d TcfoupT heirs and assigns, that they will, in addition to the other °" *^ '^^^""'^^• permanent public improvements enumerated in this or- dinance, assume and pay the city of New Orleans' portion of the cost of paving Magazine and Tchoupitoulas streets from Louisiana avenue to the terminus of the lines on the herein-mentioned franchise on the said Magazine and Tchoupitoulas streets whenever the said streets shall be ordered paved by the City Council in accordance with law. Art. 2386. (4) That it is hereby distinctly under- cost of im- stood and agreed that all the paving and other works qJ p"""^^*"^" • ^^ permanent improvement enumerated in this ordinance shall be done at the cost and expense of the said Judah lb. 892 RAILROADS. Hart and R. T. McDonald, their heirs and assigns, AH of said permanent improvements they, the said Jndah Hart and R, T. McDonald, their heirs and assigns, agree to have done in addition to and over and above their cash bid of $150,000. B""d. ^^ ^RT 2387. That the said Judah Hart and R. T. Mc- Donald, their heirs or assigns, are hereby obligated to furnish a good and solvent bond in the sum of one hun- dred thousand dollars, with sureties satisfactory to the Mayor, conditioned on the faithful performance of the obligations assumed by them, to have done all the per- manent public improvements enumerated in this ordi- nance, otherwise the ordinance shall become null and void. Accepting Art. 2388. That the bid of the Ncw Orleans Traction leans Traction Company, Limited, of one hundred and twenty-five Limited. ' thousand ($125,000) dollars for the franchise for a street railroad under Ordinance No. 7036, C. S., be and the same is hereby accepted, and the Mayor of the city of New Orleans is authorized to enter into contract with the said New Orleans Traction Company, Limited, trans- ferring said franchise to the said New Orleans Traction Company, Limited, in consideration of the payment of the amount of said bid. Traciis on Art. 2389. That the right is hereby granted to the street. Crcsccut Citv Railroad Company to lay a track onCon- Ord. No. 11,405. -^ ^ . i ^ c.s. stance street to connect the tracks on Peters avenue with 'the car-barn on Constance street, between Joseph and Arabella streets. In accordance Art. 2390. That tlic track is to be used for the pur- tTon^s.*'"''^'^''*' pose of forming a connection between the tracks on ^^' Peters avenue and the car-bam, and to be constructed in accordance with the specifications governing the fran- chise of the Crescent City Railroad Company, and accord- ing to lines and levels to be given by the City Engineer. To remove Art. 2391. That immediately after the passage of this ordinance the said Crescent City Railroad Company will remove the cross-over now existing on Magazine^ street, between Arabella street and Nashville avenue, and on Peters avenue, between Magazine and Camp streets. :ross- RAILROADS. 893 Art. 2392. That an extension of time until the 1st , Extension of •day of January, 1896, is granted to the Crescent Cityord."No.ii,io6, Railroad Company to complete the railroads provided for in the ordinances above set forth. Art. 2393. That the pavement of any streets during intersections said interval of extension, the intersections of which pa verduri"! were to be paved by and at the cost of the said company, ord.No. i'o,si6. does not in any manner relieve the said railroad com- pany from the obligations assumed by them under said Ordinance No. 7243, and the cost of the city of New Or- leans for paving any such intersection shall be borne by the said Crescent City Railroad Company. ORLEANS RAILROAD COMPANY. Art. 2394. (1) That the Orleans Railroad Company Extension of be allowed an extension of the right of way and the ord.'No. 1991, right to continue, operate and carry on the street rail- bet, a6, 1886. road now constructed, owned and operated by it in the city of New Orleans, through the various streets, grounds, alleys and public ways whereon they have now or possess right of way, tracks, stations and turnouts, as authorized by any ordinance or ordinances of the city of New Orleans, or by any or all acts and contracts re- lating thereto, and the right to occupy as stands for cars the spaces on the streets now occupied for that purpose ; provided, that not more than two cars shall be allowed at any one time on the stand on Canal street, at Clay statue ; the said extension of rights herein granted shall be for the period of twenty-five years, dating from the 1st of July, 1887, and shall be subject to all the con- ditions, restrictions and privileges hereinafter set forth. Art. 2395. (2) The tracks shall be of five feet two Tracks, and five-eighths inches gauge. The rails shall be of four- ^^* inch railroad iron. The materials to be used on said Materials, railroad shall be of the best quality, and shall have the following dimensions, to-wit : Art. 2396. The cross-ties shall be of cypress, six by Cross-ties, €ight inches and eight feet long, and the stringers either * ^^"^"^' ib. of cypress or yellow pine, five by twelve inches ; the paving of the streets, where the same are already paved 894 RAILROADS. Paving. with square blocks, shall not be taken up, and grooves shall be cut into the same so as to allow the rails to be placed and set therein. Top of rail to be flush with the street and to be kept so during the term of this franchise. ^Streets and Art. 2397. (3) The Said Orleans Railroad Company lb. shall keep and maintain their tracks and streets through which they pass, and bridges crossed by said company, and newly construct any and all of the same which may be required by both the Commissioner of Public Works and City Surveyor; provided, that whenever the street may be occupied by any other railroad company, the maintenance, construction, repair and care of said street be equally divided, and whenever' and wherever the streets are not yet paved, the lines of the tracks between the rails shall be paved either with round stones, square blocks or other pavement, or with tramwork made of four by eight inch planes in the best workmanship man- ner. Bridges. Art. 2398. All new bridges at the intersection of 'streets which may be required throughout the whole length of said railroad shall be constructed by the said Orleans Railroad Company at its expense, and in the manner of making bridges throughout the city. Rolling stock. Art. 2399. (4) They shall maintain and keep their rolling stock in good condition, and of such character and material as they are now required to construct and maintain by contracts and ordinances now in exist- ence relating to said Orleans Railroad Company, and shall have and possess for and during the entire period of said extension all the rights of way and privileges in the streets and public ways of the city of New Or- leans heretofore granted or conferred upon them by the city of New Orleans in all former contracts and ordi- nances ; said contracts and ordinances are continued in force for that purpose, and to that end, except in so far as the same may be altered and amended by the provi- sions of this ordinance. Cars. Art. 2400. (5) The cars shall be of the description "and pattern of those now used, and be fitted with the usual fare box into which every passenger shall deposit Lights on RAILROADS. 895 his or her fare, on entering the car ; they shall be drawn by horses or mules, and if more than one horse or mule be used for each car, they shall be drawn abreast. The cars shall run as often per day and night as the Orleans Railroad Company may deem proper, but not at greater speed, intervals than every ten minutes from daylight until 10 o'clock p. M., and every twenty minutes from 10 o'clock p. M. until midnight. The speed of the cars shall not exceed six miles per hour, and shall not be less than five miles per hour. All cars that may be run on said rail road between sunset and daybreak shall be provided cars with good and ample head and rear lights placed in con- spicuous places and positions, and for the violation of this condition or any ordinance now existing, or that may hereafter be enacted, on the part of any officer or employee on said Railroad Company, the Orleans Rail- p ^^ ,. road Company shall be liable to a fine of twenty-five dollars for each and every offence, recoverable before the Recorder of^the district in which said offence has been committed, besides all the damages arising therefrom. Art. 2401, (6) The Orleans Railroad Company shall Paved and keep in good order, repair and condition during the ib. continuance of this privilege the paved and unpaved streets through which the said tracks pass, from curb to curb, as well as the bridges on said streets, and should the said Orleans Railroad Company, after having been duly notified by the Commissioner of Public Works, re- fuse or neglect to keep said streets and bridges in good repair and condition, it shall be the duty of the Com- missioner of Public Works to cause the repairs to be made at the expense of the Orleans Railroad Company, and to immediately report the same and the cost thereof to the Council. And in the event of a refusal by the Orleans Railroad Company to pay to the city the amount of the expenses thus incurred for making such repairs, the said amount shall be recoverable before any court of competent jurisdiction. Art. 2402. (7) The Orleans Railroad Company shall sufficient furnish, place and maintain sufficient number of pas-""™ senger cars, to be drawn by horses or mules, and to 896 RAILROADS. have drivers as aforesaid so as to make trips up and down said roads, as hereinbefore required, and shall also provide for all materials, labor, etc., required for the construction and maintenance of said roads. The rate of fare between the starting point at Canal street and Bayou St. John, or for any distance between said points, or any portions of said railroad, shall not exceed five cents per passenger, which shall be deposited in the Fare. f^^^B box by cvcry passenger on entering the car. But should the said Orleans Railroad Company deem it proper or necessary to run cars from the hours of mid- night to daylight, the rate of fare will be ten cents per passenger. Lines and The coustruction and repairs of said road, as af ore- grades. said, shall be in accordance with the lines and grades to be given by the City Surveyor and shall be done to the entire satisfaction of the Commissioner of Public Works and the said City Surveyor. Trunk lines. Art. 2403. (8) The city of Ncw Orlcaus rcscrvcs the right to permit the use of short portions of said Orleans Company's road as a main trunk by other companies, whenever for want of street room the City Council may find it necessary to grant such right ; and the Orleans Railroad shall have and are hereby granted the right to run and to continue to run its cars on such portions of the tracks of other companies in the city, now or here- after designated as a main trunk track, as the trunk track on Canal street. In all such cases, whether of those portions of the Orleans Railroad Company's tracks or of the use by them of the trunk tracks of other roads, there shall be paid to the company owning the portions of the road thus used a fair and reasonable proportion of the value of the proportions of the tracks so used ; said proportion to be ascertained and fixed by two disin- terested persons, one to be appointed by the railroad company owning the portions to be used, and the other by the railroad company wishing to use it ; and in the event of a disagreement a third person or umpire shall be appointed by the District Court in the city of New Orleans, the decision thereby had to be final and bind- ing. RAILROADS. 897 Art. 2404. (9) The Orleans Railroad Company shall Taxes, pay into the City Treasury, upon the assessed value of «aid roads and fixtures, the annual tax levied on real estate, and the value of said roads and fixtures shall be assessed by the usual way and mode of assessment. Art. 2405. (10) It is understood that in case of failure Default. eeember21, 1881, directs that the Algiers, Gretna & pietionofwork. 'unisburg Railroad shall be commenced ninety days c. s'. ' °* "*' ' |after adjudication and completed within two years from *"*" *' ' ^" late of adjudication, December 26, 1883 ; Art. 2516. Whereas, owing to financial embarrass- Reasons for lent and other misfortunes, the company has been un- ^^^^^' ible to complete said road to Tunisburg, not having ex- Etended its line below the Canal street ferry ; Art. 2517. (1) That the limit of time as expressed in ximeextend- >rdinance 7485 for the completion of said road to Tunis- ^'^ '"'o y^ars. 924 RAILROADS. bur^ be and the same is hereby extended to two years from the passage of this resolution. Forfeiture of Art. 2518. (2) That if, at the expiration of the ex- tension of the time hereby granted, the said Algiers, Gretna & Tunisburg Railroad Company shall not have completed its road in conformity with Ordinance 7484, A. S., and specifications, its bond or bonds shall be forfeited to the city of New Orleans, and said company shall forfeit all claims it may have for any part of the work done by said company, from December, 1881, and the same to revert to the city of New Orleans, and the city shall thereby be discharged from any and all lia- bilities therefor. Fifth Muni- Art. 2519. That the Comptroller be and he is hereby "^'cfo m ptroiier directed to advertise as the law directs the sale of the iranchrse.'^ '^^ franchise of the right of way for street railway pur- ^ r . io. 431 .pQggg £^j, ^ period of fifty years, over the following Fe . 25, 1S90. ^^^^^ in the Fifth Municipal (Algiers) District, viz.: Commencing at Villere street at its intersection with the Canal Street Ferry Landing, thence through Villere to Patterson street, through Patterson street to Leesburg, double track from point of commencement to the Slaughterhouse, and thence via single track to terminus, with necessary switches, turntables and turnouts ; with privilege of using any motor power other than steam, and of using the public drain instead of the highway or ♦ public road, where such can be made available on the route without interfering with the service and use of said drain or ditch in the laying or maintaining of the roadbed. Said tracks to be of standard gauge and laid with a five-inch flat rail, and to cross the Southern Pacific Railroad tracks at an elevation of not less than twenty (20) feet in the clear. It shall be within the discretion of the City Surveyor to permit the laying of the rails on crossties instead of stringers on any part of the route he may deem stringers not necessary. To extend Art. 2520. Bidders will, in addition to their bids, terminus. ^^ assumc the obligatlous to extend the terminus of said road, within two (2) years from date of completion and operation, to what is now known as Duconge's place. RAILROADS. 925 and within twenty (20) years, upon petition of citizens living on the route, to a point known as the " Cut-off," and shall pave with gravel and maintain the same during the term of this franchise that portion of the route, from curb-line to curb-line, embraced between the point of commencement and Southern Pacific Railroad crossing, and for the remainder of the route shall at all times keep the roadway in good order and condition. Art. 2521. All in accordance with lines, levels and general specifications in the office of the City Surveyor. Art. 2522. Work to be commenced within six (6) woik com - months, and completed within three (3) years from the ^JiiTpie^d.* " date of acceptance of bid. Art. 2523. (1) That the Algiers & Gretna Railroad Amending a. Company be and it is hereby released from its obligation 'ueiease from • 1 , rr. • 1 -1 T 1 obligation. of extendmg said railroad toTunisburg; provided, how-ord. No. 1839, ever that the said railroad company place and maintain June 22, i8S6. that portion of said road that is constructed and in opera- tion in good order and condition as per contract, to the satisfaction of the Commissioner of Public Works and ("ity Surveyor, and in case of the failure of said company to place said streets and crossings in good order and condition as per Ordinance No. 7484, A. S., then this or- dinance is null and void. Art. 2524. (1) That section four (4) of the specifica- sptcmeltions.^ tions, entitled " Specifications for the franchise or right a?s!* ^°' "''°' of way to operate cars on the right bank, the Fifth Dis- ^p"' "''^*- triet of the city of New Orleans, between the boundary line of the parish of Orleans and Jefferson, at Madison street, and London street of Tunisburg," signed by D. M. Brosnan, City Surveyor, and approved by the City Council, December 6, 1881, be and the same is hereby amended by striking out the word '' forty " in line six of said section (as per record of the same in the office of the Administrator of Commerce) and insert in lieu there- of the word ''thirty," so that the same will read thirty pounds per lineal yard, etc. Art. 2525. That permission be and is hereby granted irl^Ionidld- to the Algiers & Gretna Railway Company to remove ' ord!'No!'4209. their existing tracks on Madison street, from the parish ^ ja'n. 7. 1890. 926 RAILROADS. line of Jefferson to Market street, in Algiers (Fifth Municipal District) to a point on said street, not exceed- ing (4) four feet east of their present position, the work to be done in accordance with lines and levels of City Surveyor. Provided, that nothing herein shall be construed as relieving the said Algiers & Gretna Railway Company or the New Orleans, Fort Jackson & Grand Isle Railroad Company of any their charter obligations. JUDAH HART LINE NO. 1. Whereas, the Circuit Court of Appeals of the United States has decided that the street railway franchises sold to Judah Hart, under Ordinance No. 5784, are null and void because the same were sold for gravel payment and not for cash. Art. 2526. That the Comptroller be and he is hereby directed to advertise as the law directs and to adjudicate at public auction to the highest bidder for cash, the right of way for street railway purposes for fifty years, over the following route and under the following terms, and conditions and specifications, to-wit: Right of way. Art. 2527. Commencing about one hundred and c.'s. °' ^ ^ 'twenty (120) feet from the Canal street ferry landing, ec. 2-j, 1892. ^jjgjjgg along the north side of Canal street over the Trunk Line of the Canal & Claiborne Railroad Company to Carondelet street; thence along Carondelet street over the track of the Crescent City Railroad Company to Clio street ; thence up the swamp side of the centre of Carondelet street to St. Andrew street, thence out St. Andrew street to Brainard street, thence up Brainard street to Philip street, thence to Baronne street, thence up Baronne street over the tracks of the St. Charles Street Railroad Company to between Sixth and Seventh streets ; thence continuing up Baronne street to Louisi- ana avenue, thence out Louisiana avenue to Camp street, thence up Camp street to Henry Clay avenue (with the right to connect through Henry Clay avenue with the tracks of the Crescent City Railroad Company on Maga- zine street), out Henry Clay avenue to Plaquemine or I RAILROADS. 927 Coliseum street ; down Plaquemine or Coliseum street to Joseph street, out Joseph street to Coliseum street, down Coliseum street to Louisiana avenue, out Louisiana avenue to Dryades street, down Dryades street to Philip street, through Philip street to the continuation of Dryades street, thence down Dryades street to Julia street, thence out Julia street to St. Charles street, thence down St. Charles street over the tracks of the Crescent City Railroad Company to Canal street, thence along Canal street, south side, using the Trunk Line of the Canal & Claiborne Railroad Company to the starting point near Canal street ferry landing. Art. 2528. It shall not be obligatory to use the Trunk tracks trunk track on Canal street, if the purchaser chooses to arrange with the owners of other tracks on said street, and in the event of such arrangement the purchaser may use the neutral ground on Canal street, between Wells street and Tchoupitoulas street, and make the terminus at Wells street. Art. 2529. (1) In all cases under this ordinance Terms and where the route runs over part of the line of any other *^°" ' '**"*■ ib. railroad, the purchaser or his assigns shall reimburse the said road or roads a fair and reasonable proportion of the value of so much of the track of each road as is actually used. Art. 2530. (2) Whenever the portion of track of an- To rebuild and '■ reconstruct other road so to be used is not suitable by design or tracks, construction for use under the present franchises, the purchaser shall have the right to rebuild and reconstruct such portions of track of the other roads at its own cost and expense. Art. 2531. (3) The purchaser or his assigns shall at shift tracks ^ '' ^ *= to centre ot his own cost and expense shift the tracks of the St. Charles street. Street Railroad Company on (Jarondelet street from Clio street to St. Andrew street and on Dryades street from Philip street to Delord street, so that both tracks on said streets shall occupy the centre of the street. Art. 2532. (4) The purchaser shall hold the city harm- to hold city less and defend her in any suit arising out of the pro- ^^'■™'^^^- j^ visions of this ordinance. 928 RAILROADS. Deposit. ^^ ^jjrp 2533. (5) Every bidder for the purchase of said franchise shall as a condition precedent to the receiving of said bid by the City Comptroller deposit with the City Treasurer the sum of fifty thousand ($50,000) dol- lars in United States currency, and shall at the time of bidding file a receipt therefor with the City Comptrol- ler ; and no bid shall be considered from any bidder who has failed to file with the said Comptroller the receipt of the City Treasurer, showing that he has made such deposit. The deposits of all unsuccessful bidders shall be immediately returned to them ; and the fifty thousand ($50,000) dollars of the highest bidder shall be held as security that he will pay the price of his bid and sign the contract, in case his bid is accepted by the City Council, and give the bond required for the completion of the work, and in case of the failure of the successful bidder to pay the price of his bid or to sign the said con- tract, and give said bond, the said fifty thousand ($50,000) dollars shall be forfeited to the city. Noiariaicon- Art. 2534. (6) The successful bidder shall be required lb. within ten (10) days of the acceptance of his bid by the City Council, to enter into a notarial contract before the City Notary, with the city of New Orleans, embodying all the terms and stipulations of this ordinance, and shall be required, at the time said contract is signed, to give the city of New Orleans a bond in the sum of twenty-five thousand ($25,000) dollars, with securities satisfactory to the Mayor, for the completion of the work within the time specified. Amount of Art. 2535. (7) Thc purchascr shall bc required, at the tb. time of the adjudication, to pay in cash to the Comptroller the amount of his bid, and the amount of his bid, together with the amount of the deposit required to qualify him as a bidder, shall be returned to him in case his bid is not accepted by the Council. To purchase Art. 2536. (8) The purchaser shall purchase at an ap- co^nstruc'te'd.'' ^ praiscd valuc, and pay for in cash, the track already con- ^^' structed by Judah Hart on Camp and Coliseum streets above Louisiana avenue and the poles already erected by him along the route of the present franchises ; said ap- RAILROADS. 92,9 praisement shall be made by two experts one appointed by Judah Hart, one by the purchaser, and in case of dis- agreement an umpire shall be appointed by the Mayor, whose decision as to value shall be final. In case the said Judah Hart shall refuse to accept said clause, he shall be compelled to remove -said structures from said streets at his own cost and expense. Art. 2537. (9) The work of construction of the railroad to begin. ^^ herein provided for shall bebe.s^un within thirty (30) days from the signing of the contract and completed within six (6) months from the date thereof. SPECIFICATIONS FOR CONSTRUCTION, MAINTENANCE AND OPERATION. Ak r. 2r)38. 1. All tracks shall be of the girder rail pat- Tracks, tern, the dimensions and width of which and the man- ner of laying which shall be approved by the City Engi- neer. 2. All the streets through which the tracks of these streets to be '^ kept in first - franchises run, as described above, shall be maintained class order, in first-class order between the tracks and two feet on each side of said tracks. 3. The cars shall be of modern pattern, and built sub- cars, ject to the approval of the City Engineer. 4. The motive power shall be the trolley system of Motive power. electricity. The wires covering the electric current to motors shall be of proper size and shall be properly strung, stretched, secured and insulated on poles. The poles carrying the wires shall be strong and substantial, of either iron or wood, and, if wood is used, the same shall be of cedar. These poles shall be of neat design and neatly painted, the plan of which shall be submitted to the approval of the City Engineer. The location of the poles shall be such as not to in- Location of terfere with drainage or commerce. All locations to beP°'"- approved by the City Engineer. The poles are to be set safely and securely in the ground. 5. The fare shall be five (5) cents for any distance, p^^^^ except after twelve (12) o'clock midnight and until five 930 RAILROADS, (5) o'clock A. M., during which time the fare shall be ten (10) cents for any distance. Running time. g -pj^g ^^^^ gj^^jj ^^ ^^^ ^^ iutcrvals Of nOt greater than five (5) minutes from five (5) o'clock A. M. till ten (10) o'clock p. m., and not greater than fifteen (15) minutes from ten (10) o'clock p. m. until twelve (12) o'clock midnight, and not greater than thirty (30) minutes from twelve (12) o'clock midnight until five (5) o'clock a. m., and the speed shall not exceed twelve (12) miles per hour. Right to as- 7. The purchaser of said franchise shall have sign, s e 11 or ^ 'ease. the right to assign, sell or lease the same to any person or corporation competent to hold and exercise the same. vokid!"'""' "■ ^^'^- 2539. That because of the failure of the pur- 2y|;^°'°'9'°' chasers of this franchise to take advantage of the rights June i8, 1893. conferred in said Ordinance No. 7036, C. S., within the time specified in clause nine of the terms and conditions of said ordinance, the City Council of the city of New Orleans hereby revokes all parts of said ordinance which grants the. right to cross or go beyond Delta street, and that the terminus of said railway tracks shall be at or near Wells street. judah hart line no. 2. May 24, Right of way. Art. 2540. That the City Comptroller be and he ^ r . No. 6352, |g hereby authorized and directed to advertise, as ■ the law directs, for the sale of the right of way for street railway purposes for a fixed term of twenty-five years from the date of the signing of the notarial con- tract over the following route, viz. : Commencing at Canal and Wells streets, thence along Canal street over the tracks used by the Canal & Claiborne Railroad Company to Rampart street, along Rampart street to Delord street or Calliope street, at the option of the purchaser or purchasers, thence to Franklin street, up Franklin street to Jackson, on Jackson toFreret street. Freret to north side of Louisiana avenue, north side of Louisiana avenue to Dryades street, Dryades to Peters RAILROADS. 931 avenue ; returning through Dryades to Dufossat street, Dufossat to Baronne street, Baronne to Louisiana avenue, Louisiana avenue to Howard street, Howard to Jackson street, Jackson to Franklin, Franklin to Cal- liope or Delord street, at the option of the purchaser or purchasers ; thence out lower side of Delord to Dryades street, down Dryades to Canal street, up Canal to point of commencement ; also commencing as above ; thence out Canal street over the tracks ufeed by the Canal & Claiborne Railroad Company to Chartres street, down Chartres to Port street. Port to North Peters street, North Peters to depot of the New Orleans & North- eastern Railroad Company ; returning via North Peters street to Ursulines street; thence on the tracks of the Orleans Railroad Company on Decatur street from Ursulines street to North Peters street at ' Dumaine street, continuing up North Peters street from Dumaine street to St. Louis street, thence on Decatur street from St. Louis street to Canal street, and thence over the tracks of the Canal & Claiborne Railroad Company to starting point at Canal and Wells streets. Provided, That at the expiration of the franchise of Extension, the Levee & Barracks Line, the said proposed line shall be extended to the lower limits of the city, through the following streets, to-wit: On Peters, from the New Orleans & Northeastern Railroad to Clouet street, Clouet to Chartres street, Chartres to Poland street, Poland to Peters street, Peters to lower limits of the city ; returning through Peters to Hancock, Hancock to Dauphine, Dauphine to Poland street, Poland to Royal street. Royal to Montegut street, Montegut to Peters street, Peters to the New Orleans & Northeastern Railroad. It being optional with the purchaser of said franchise to run a double track on Peters street, from Poland street to lower city limits, or returning track on any street parallel to Dauphine street, below Poland street. Art. 2541. (2) That Ordinances Nos. 5137 and 5727, RepeaUngor- C. S., be and the same are hereby repealed. ."jiTr^^and 5727! Art. 2542. (3) That at the expiration of twenty-five ^' ^' 932 RAILROADS. Reversion.^^ ycai's the railway and appurtenances to be constructed under the said franchise shall revert to the city of New Orleans on an agreed valuation to be fixed by two experts, one appointed by the city and one by the owner of the said franchise; and, in case of their dis- agreement as to a valuation, the Civil District Court of the parish of Orleans, is, upon the suit of either party, to nominate a third expert, and a decision of a majority of the three shall be final as to the said valuation. Deposit. ^^ ^^^rj, 2543. (4) That every bidder for the purchase of the said franchise shall, as a condition precedent to the receiving of such bid by the City Comptroller, de- posit with the City Treasurer the sum of twenty -five thousand dollars in United States currency, and shall, at the time of bidding, fije receipt therefor with the City (comptroller ; and no bidder shall be considered who has failed to file the receipt of the City Treasurer with the City Comptroller showing that he has made such de- posit. The dieposits of all successful bidders shall be immediately returned to them, and the twenty-five thou- sand dollars of the highest bidder shall be held as secur- ity that he will sign the contract in case his bid is ac- cepted by the City Council, and give the bond required for the completion of the work, and in case of failure of the successful bidder to sign said contract and to give the said bond, the said twenty-five thousand dollars: shall be forfeited to the city as liquidated damages. Bond. Art. 2544. (5) That the successful bidder shall required, within ten days from the date of the aeceptanc of his bid by the City Council, to enter into a notari contract before the City Notary with the city of Nel Orleans, embodying all the terms and stipulations this contract, and shall be required at the time the SB contract is signed to give the city of New Orleans a bon| with good and sufficient security satisfactory to tl Mayor, in the sum of fifty thousand dollars, conditions upon his faithful compliance with all the terms and coi ditions of this ordinance and of his bid. ^^i«- j^ Art. 2545. (6) That the said franchise shall be sol under all the above provisions of this ordinance ; ant RAILROADS. 933 also, on such other specifications as may be prepared by the City Engineer and made part hereof. SPECIFICATION OF TERMS AND CONDITION OF SALE. Art. 2546. Commencinff at Canal and Wells street, i^°"te =* ' Ord. No. 6353, thence along Canal street, over the tracks used by the c. s. ° ' •'May 24, 1892. Canal & Claiborne Railroad Company, to Rampart street, along Rampart to Delord street or Calliope street, at the option of the purchaser or purchasers, thence to Franklin street, up Franklin to Jackson, out Jackson to Freret street, Freret street to north side of Louisiana avenue to Dryades street, Dryades street to Peters ave- nue; returning through Dryades to Dufossat street, Dufossat to Baronne street, Baronne to Louisiana ave- nue, Louisiana avenue to Howard street, Howard to Jackson street, Jackson to Franklin street, Franklin to Calliope or Delord street, at the option of the purchaser or purchasers, thence out lower side of Delord to Dry- ades street, down Dryades to Canal stres^t, up Canal street to point of commencement; also commencing as above, thence out Canal street, over the tracks used by the Canal & Claiborne Railroad Company, to Char- tres street, down Chartres street to Port street, Port to North Peters street. North Peters street to depot of New Orleans & Northeastern Railroad Company ; returning via North Peters street to Port street, Port to Decatur street, Decatur street to Ursulines, thence on the tracks of the Orleans Railroad Company on Decatur street from Ursulines street to North Peters street at Dumaine street, continuing up North Peters street from Dumaiue to St. Louis street, thence on Decatur street from St. Louis street to Canal street, and thence over the tracks •of the Canal & Claiborne Railroad Company to start- ing point at Canal and Wells streets. Provided, That at the expiration of the franchises of Proviso, the Levee and Barracks line the said proposed line shall be extended to the lower limits of the city through the following streets, to-wit: On Peters, from the New Or- leans & Northeastern Railroad to Clouet street, Clouet street to Chartres, Chartres to Poland, Poland to Peters, 934 RAILROADS. Peters to lower limits of the city ; turning through Peters to Hancock, Hancock to Dauphine, Dauphine to Poland, Poland to Royal, Royal to Montegut, Monte- gut to Peters, Peters to the New Orleans & Northeast- ern Railroad. It being optional with the purchaser of said franchise to run a double track on Peters street from Poland street to lower city limits, or returning track on any street parallel to Dauphine street below Poland street. Art. 2547. These specifications are for the purpose of delineating the conditions under which this franchise shall be sold for a period of twenty-five years, the pur- chaser to assume ownership and control of the franchise immediately on the acceptance of the bond and the sign- ing of the contract. Tracks. Art. 2548. All the new tracks, as also all the old tracks over which this franchise conveys privileges shall be of girder rails, of pattern, dimension, and weight to be approved by the City Engineer. The ties shall be not less than six by ten by nine feet long, and not more than three feet from centres, and top of tie to be not less than ten inches below the top of rail to allow for paving. The ties shall be of red swamp cypress entirely free from all defects. The ties when laid to be thoroughly tamped and made firm and solid. At such points where the ground is soft under the tie this soft or rotten earth shall be removed and the surface upon which the tie rests shall be ramm^ed to a uniform surface with bats or gravel. Cars. Art. 2549. The cars to be strong and substantial, of neat design and finish and of modern make, provided with all modern appurtenances requisite to electric cars, their construction and design to be approved by the City Engineer. Crossings. Art. 2550. At points where the tracks of this road cross the tracks of other roads or of steam railroads the crossings shall be constructed of either cast iron or sectional steel, made in such manner as to form a con- tinuous rail for each rail of each track, plans of these RAILROADS. 935 crossiMgs to be submitted to and be approved by the City Engineer. Art. 2551. This line shall be operated by electricity, Motive power. and the system adopted shall be the most approved and successful system now in operation. Each motor car will be allowed to haul trailers. Art. 2552. Each motor car shall carry a motorman '' , Conductcrf. and one conductor, and both these men to be uniformed by the company operating the road. Art. 2553. Cars shall not stop except on the further stops. side of street crossings, and cars shall not wait for passengers who are not on the street along which they run. Art. 2554. The platform of cars shall be provided *^'*'*^'- with gates, and on streets where double tracks exist the gate on the side toward the centre of the street shall be closed. Passengers will not be allowed to get on or off cars on the side where the gate is closed, as above specified. Art. 2555. The speed of cars shall not exceed twelve speed, miles per hour, except by special consent of the Council. Art. 2556. The wires conveying electric current to wires, motors shall be of proper size, and shall be properly strung, stretched, secured and insulated on poles. Art. 2557. The poles carrying the wires shall be P^'es. strong and substantial, of either iron or wood, and if wood is used same shall be of cedar. These poles shall be of neat design and neatly painted. The loca- tion of the poles will be such as not to interfere with drainage or commerce, all locations of poles to be ap- proved by the City Engineer. The poles are to be prop- erly set and secured in the ground, and any damage to private or public property ensuing from the improper erection of poles is to be made good at once by the pur- chaser of this franchise. Art. 2558. Cars to be run at intervals of not greater Hours. than five minutes from 5 o'clock a. m. to 10 o'clock P M. and not greater than fifteen minutes from 10 p. m. to 12 o'clock midnight, and not greater than 30 minutes from midnight to 5 o'clock a. m. 936 RAILROADS. Fares. Art. 2559. The fare shall be fixed at five cents for any distance, excepting from 12 o'clock midnight to 5 A. M., when the fare will be ten cents. Square block Art. 2560. All strccts through which the tracks run Luk'." ^ ^° ^^ — according to franchise — which are paved with square block, it (the square blocks), where directed by the City Engineer, shall be taken up from curb to curb and the whole laid at such grade as the City Engineer shall establish. Specifications Art. 2561. Any soft or rotten earth in sub-grade to be tor relaying ♦' " square b I o c k removed and filled with bats of gravel, and the whole pavement. " ' sub-grade to be solid, firm and uniform. This sub-grade to be twelve inches below grade, on top of .which will be placed a cushion of gravel in which will be set the stone. This gravel cushion to be of proper depth to allow the surface of pavement to be three-eighths inch above grade given when stone is thoroughly rammed ; the gutters and wings to be constructed to grades and under direc- tions given by the City Engineer ; the curbing to be re- lined when necessary. Where necessary to improve drainage, a counter curb of blue stone three and one- half to four inqhes thick will be furnished and set, and where this counter curb is four inches deep the gutter is to be of concrete on a bed of six inches of gravel, other- wise the gutter will be of regular gutter stone set t<> grade given by the City Engineer. Any wing curb> which are too narrow or broken, and any square block which is unshapen, too badly abraded or cracked, and which can not be laid in a satisfactory manner will l)e removed and to become the property of the purchaser of this franchise, who will furnish new of same quality a> the old. The stone between tracks and between rai]> will be laid at right angles to the street. All stoii between gutter and outer rail of tracks to be laid diag- onally. The stone adjoining rail to be neatly cut and to make a joint against the outer rail not more than three- eighths of an inch open. The whole pavement when laid to have interstices filled with coarse sharp sand and fine gravel and swept in by brooms, and the joints to be run full with hot coal tar. The old paving stone will be laid with their fairest face up. RAILROADS. 987 Art. 2r)62. Ail culverts crossing streets whicli are Bridges i or paved witli square blocli, and througii wliicli the traci^s wkh s q u a^^e of these lines run, shall be rebuilt with brick walls, cement bottoms and iron covers, and according to plans furnished, and under the direction of the City Engineer. If in the opinion of the City Engineer — with the view to improving drainage — it is necessary to widen bridges, already covered with iron, same will be widened and new iron covers furnished by the purchaser of these franchises. The object being that while the work is being done and the streets torn up the work may be in every way substantial and in such manner as to best subserve the public interests, as also the interests of the pur- chaser of these franchises. Art. 2563. On all streets now paved with cobble-stone, . cobblestone ^ ' streets. through which the track of these lines run, the portions between tracks and rails and for a distance of twelve inches on each side of outside rail will be laid with Belgian block pavement on a base of concrete six inches thick, excepting on such streets where there are tracks owned by other corporations. On streets where there are tracks owned by other corporations the purchaser of these franchises shall be obligated to keep in repair the side of the street upon which their tracks are built from the curb to the centre of such street, and the material with which these streets shall be rebuilt or repaired shall correspond with what is obligatory on the part of the corporation owning the other track or tracks. The street between the gutter and the Belgian block to be graded and the cobble-stones i-elaid to the grade given by the City Engineer and to his satisfaction. When necessary to use counter-curb, same will be furnished and set three and one-half to four inches thick and the gutter bottom will be of concrete, otherwise gutter bot- toms will be of usual grade of gutter stone. All wooden wings or broken stone wings will be replaced by new stone wings three and one-half to four inches thick. All bridges to be of brick with iron covers, same as specified above for square block. Art. 2564. Through all unpaved streets traversed by 938 RAILROADS. streets u n p a V e d the rails of these lines the space between tracks may be paved at the option of the purchaser of these franchises with either Belgian block (as above specified for cobble- stone streets), or with cobble-stones, or with three by twelve inch yellow pine plank laid transversely, with four by twelve-inch counter plank on outside of outside rails placed flushed with top of rails. All planks to be thorough- ly secured in a satisfactory manner to the City Engineer. The gutters and wings to be renewed with wood where re- quired by the purchaser of these franchises and construct- ed to plans and placed to grades furnished by the City Engineer. Gutter bottoms to be two inches, wings three inches, counter curb two inches by eight inches, all of good cypress lumber. All bridges to be constructed with brick walls, concrete bottom and wood top, as per plans, and to grades furnished by the City Engineer. The dirt roadway on each side, between rail and gutter, to be graded to lines and grades, and to the satisfaction of the City Engineer. The low places, or places where the grade established requires filling the street, will be filled by the purchaser of these franchises. Maintenance. Art. 2565. All the strccts through which the tracks, under the provisions of the franchise, run, shall be first placed in first-class order, as per the above-enumerated classes, and the streets paved with old square block, new square block, cobble-stone, as also the dirt streets, shall be maintained in first-class order from curb to curb, in- cluding all gutters, wings, gutter bottoms, bridge tops, culverts, walls, counter curb, cross walks, roadbed, paving, etc., for the whole period the franchises are enjoyed by the purchaser, his or their heirs or assigns. Enforcement Art. 25G6. The Commlssioncr of Public Works is to obligations. , , , . be the sole judge as to what shall constitute proper maintenance, and any official communication addressed by him to the party having in charge the property con- veyed by this franchise shall receive attention within forty-eight hours, and in the event of no reply or re- sponse to said official letter of said Commissioner of Public Works to said party in said time, the Commis- sioner of Public Works shall officially notify the presi- RAILROADS. 939 dent of the company or his representative, according to the charter of the company, setting forth in plain man- ner what is required to be done to comply with the ob- ligations of the said purchaser or purchasers of this franchise, his or their heirs or assigns ; and, if after three days, no steps are taken or no agreement is reached relative to the matter in hand, the Commissioner of Public Works shall cause to be made the repairs or re- construction necessary, and will present a bill for the cost of same for payment to the said owner of the fran- chise. And in the event of failure to at once liquidate the debt, the amount of said bill incurred, in accordance with the above restrictions, shall be collected without any cost or trouble of any nature or kind whatsoever from the bond given, it being understood that the wording of the bond shall be such as to admit of the easy and suc- cessful enforcing of the above-mentioned provisions. Art. 2567. If at any time during the term of the Future paving- franchise the streets traversed by these lines, now paved °^ ^^'■'='''^- with cobble-stone, or dirt streets, should be paved, the purchaser of the franchise, his or their heirs or assigns, shall assume the city's portion of said payment and shall pave between the tracks and rails with the same pavement as that laid on the balance of the street, ex- cepting where Belgian square block pavement is at the time already laid. Should gravel be used in the paving of streets, the space between the rails and twelve feet on outside of rail shall be paved with Belgian block, laid on a concrete foundation of six inches, as above specified for cobble-stone streets. Art. 2568. The party or parties to whom the right of ^, way is sold shall engage and contract with the city of New Orleans to commence, within sixty days from the adjudication of the contract, the following pavements : 1. The paving on the north side of Howard avenue from Rampart street to Baronne street, including the in- tersection at Rampart street. 2. The paving of Jackson street from Baronne street to the swamp side of Freret street. 3. The paving of Baronne and Dryades streets from 940 RAILROADS. Louisiana avenue to Napoleon avenue. All the above streets to be paved with either Rosetta or Hoskins gravel, under the general specifications for gravel pavements on file in the office of the City Engineer, at the sole cost of the purchaser. trL^lireeu^^''' '^^^' ^^^^ • Thc square block paving on Chartres street, from Canal street to Esplanade street, shall be entirely taken up and relaid to lines and levels and in a manner satisfactory to the City Engineer, as fully de- scribed under specifications for relaying square block pavement as above enumerated. Bonds. Art. 2570. All bidders for these franchises will be obligated to carry out the stipulations and conditions contained in the foregoing specifications, and as a bonus, or in addition to what is specified above, bidders will state how much money they will expend in the pave- ment, on the presentation of the certificates issued to the contractor, as provided by law, of the city's portion of gravel pavements to be laid on such streets as the Council may designate. wSmSfp.'^ Art. 2571. All the materials furnished and work done by the purchaser or purchasers of these franchises shall be first class in every particular and to the entire satis- faction of the City Engineer, who shall be sole judge as to all materials and workmanship, and all the work done shall be completed to lines and grades under the directions of the CAty Engineer. In the construction of the work and in the maintenance of the same, as described in the foregoing specifications, the purchaser or purchasers of these franchises, his or their heirs or assigns, shall comply with all existing police regulations, and shall be governed by Article No. 133 of the acts of the Legislature of Louisiana for the year 1882 as to pen- alties, etc. Time of com- Art. 2572. The purchaser shall begin the construction "completion of of the railroad provided for under these franchises *^°' ' within sixty days from the date of the signing of the notarial contract, and shall complete the same within twelve months from the date of such commencement. The city reserves the right to reject any and all bids. RAILROADS. 941 Art. 2578. That the Mayor be and he is hereby AccepUnj^bid ,.,,,. , . . , of Judah Hart. authorized and directed to enter into notarial contract Ord. No, 6742, with Judah Hart for the ri»ht of way for street railway se'pt 29, 1892. purposes for the term of twenty-five years over the cer- tain streets specified in Ordinance. No. 6352, Council Series, and in accordance with terms and specifications contained in Ordinance No. 6353, Council Series, as per his bid of September 10, 1892. NEW ORLEANS BELT RAILROAD. Art. 2574. (1) That Adolph Schreiber, L. J. Higby, To construct their associates and assigns, be and are. hereby author- for freight, i zed and empowered to build and lay down a railway a. s.' °'^°°^ track, with all switches, turnouts and sidetracks that may be necessary, according to lines and levels fur- nished by the City Surveyor, and operate the same by steam or otherwise, for the transportation of grain, merchandise and any other product or freight, to- wit: Commencing at a point at or near the intersection of Route. Louisiana avenue and Water street ; thence down through Water street to a point on the levee at the head of Julia street, with the right to connect their said track with the main track of the New Orleans, Jackson & Northern Railroad by a line extending from the initial point down Louisiana avenue to the intersection of said avenue with said railroad, and also the right to connect their track with the depots or termini of the New Or- leans, Jackson & Northern Railroad, Morgan's Louisi- ana & Texas Railroad, New Orleans & Mobile Rail- road, and New Orleans Pacific Railroad, by the shortest and most convenient streets or lines, on application by said company to that effect. Art. 2575. (2) That this right of way, franchises Duration of and privileges is granted for the term or twenty years, p"^''^^^- on the following conditions, to-wit : (a) The said grantees shall commence the building of whentocom- said track within sixty days after the passage of this ™^"*"' "'°''''' ordinance, and have so much of the same as connects the terminus of the New Orleans, Jackson & North- ern Railroad with the grain elevator complete and in 942 RAILROADS. To be com- running order within nine months from the passage of the same, That the connection from the grain elevator Additional con- through Louisiaua avenue, connecting with the Jackson & Northern Railroad, be completed within two years from the passage of this ordinance, under penalty of the Forfeiture, forfeiture by said company of all the rights and fran- chises granted to her to run through Louisiana avenue. streets to be (J)) The Said grantccs are to replace in good order so kept ingood^^ " ^ ^ order. much of the streets as may have been disturbed or torn up by the construction of said railroad, and when the same passes through paved streets, or streets which may hereafter be paved, shall keep in like good order and condition every portion of said streets, from curb to curb, including bridges and crossings, during the entire term of this franchise; provided, that this clause does not apply to such streets or portions of streets the repair or good condition of which is heretofore provided for by previous contracts, c.ty Surveyor. All work shall bc cxecutcd under the direction and supervision of the City Surveyor, and completed to the satisfaction of the Administrator of Improvements and the Administrator of Commerce. Trackage. (c) Said^ailroad shall be open to the use of any rail- road terminating in the city of New Orleans at agreed rate of transportation or trackage, subject such rules and conditions as may be necessary for tht safe and convenient use of the same; provided, nothing herein contained shall be construed as giving a righi to any of said companies to supply their own motive power. For freight Art. 2576. (3) That the right herein granted shal apply only to a railroad for freight purposes, and the the track shall never be used or converted into a thor-^ oughfare for the transportation of passengers withoul the consent of this Council, and provided, moreover^ that the said grantees, associates and assigns shall not permit the use of their track for any connecting railroad whose tariff rates of transportation for freight (inwarc or outward bound) shall show any discrimination againsj| the city of New Orleans. RAILROADS. 943 Art. 2577. (4) That the fuel and motive power used Motive power. upon said road shall be similar to that in use on St. Joseph street by the New Orleans, Jackson & Northern Railroad, so as to offer the slightest inconvenience pos- sible to the residents along the line of said track. It is, moreover, nnderstood that in case of the erection of any other elevators in the future similar to the present one in Discrimination front of Harmony street, that they shall be entitled to not allowed, equal connections and the same advantages, and that no discrimination shall be made against the new ones or in favor of the present elevator by said railroad company. Art. 2578. (5) That this ordinance take effect from Repealing . ^ clause. and after its passage. Art. 2579. (1) That the New Orleans Belt Railroad To construct /^ ,,. T-iT Til o '^'Iroad track. Company, a duly incorporated body under the laws of Nov., 1S70. Louisiana, be and is hereby authorized and empowered to construct, maintain and operate a railway track with all switches, turnouts and sidetracks that may be neces- sary, according to lines and levels furnished or to be furnished by the City Surveyor, approved by the City Council, and operate the same by steam power or other- wise, for the transportation of grain, merchandise and other product or freight on the following lines and streets and places in the city of New Orleans, to-wit: Commencing at the intersection of the main line of Right o< way. the Chicago, St. Louis & New Orleans Railroad at Clai- borne street, or at such distance therefrom as to make an ea.sy curve from said main track into Claiborne street ; thence up Claiborne street to Louisana avenue ; along and up Louisiana avenue to Water street and the Missis- sippi river ; down Water street from Louisiana avenue to head of Julia street, with the right to connect their said track with the main track of the Chicago, St, Louis & New Orleans Railroad ; thence down St. Joseph and other streets on the line now operated by the Chicago, St. Louis & New Orleans Railroad to the point of begin- ning ; with also the right to connect their track by the shortest and most convenient lines and streets with the depots and termini of the New Orleans & Mobile Railroad, New Orleans Pacific Railroad and Morgan's Louisiana 944 RAILROADS. & Texas Railroad, and any other railroad freig-ht depots that may be established, on application to the City Council of the city of New Orleans by said companies to that effect, respectively, or by any one of them. Terms and Art. 2580. (2) That tMs right of wav, franchises conditions of., grant. and privileges are granted for the term of twenty years on conditions following, to-wit : streets to be («) That Said grantees are to replace in good order s(» condition. much of the strccts as may have been disturbed or torn up by the construction of said railroad, and when the same passes through paved street or streets which may hereafter be paved shall keep in like good order and condition every portion of said streets from curb to curb, including bridges and crossings, during the en- tire term of this franchise ; provided, that this claust^ does not apply to such streets or portions of streets the repairs or good condition of which is. heretofore provided for by previous contracts. All work shall be executed under the direction and supervision of the Administra- tor of Improvements and City Surveyor and completed to the satisfaction of the Administrator of Improve- ments and the Administrator of Commerce. Traciiage. (&) Said railroad shall be open to the use of an_\ railroad terminating in the city of New Orleans at an agreed rate of transportation or trackage, subject to sucli rules and conditions as may be necessary for the safe and convenient use of the same; provided, nothinir herein contained shall be construed as giving a right tn any of said companies to supply their own motive power. Right granted Art. 2581. (3) That the right herein granted shall road^oniiy. '^*'^" apply Only to a railroad for freight purposes, and th;i the track shall" never be used or converted into .. thoroughfare for the transportation of passengers, with- out the consent of the Council, and provided, moreover, that said grantees, associates and assigns shall not per- mit the use of their track for any connecting railroad whose tariff rates for transportation of freight (inward or outward bound), shall show any discrimination against the city of New Orleans ; and provided further, that if the said New Orleans Belt Railroad Company shall. ;r RAILROADS. 945 a future dav, erect a union |)asseug'ei' depot for the use Passenger dc- ^ pot. and accominodatiou of one or more of the railroads terminating in this city, at a point to be designated and approved by the Council, nothing herein contained shall be construed as preventing the running of the passenger trains, complete and entire, to said depot. Art. 2582. (4) That the fuel and motor power used Fuel and mo- upon said road shall be similar to that now in use on St. Joseph street by the Chicago, St. Louis & New Orleans Railroad, so as to offer the least inconvenience possible to the residents along the line of said track. It is, moreover, understood that in case of the erection of any other elevators in the future, similar to the present one in front of Harmony street, that they shall be entitled to equal connections, and the same advan- tages, and that no discriminations shall be made against the new ones, or in favor of the present elevator, by said railroad company. Art. 2583. (1) That the New Orleans Belt Railroad Railroad on . 11 1 • 1 Claiborne street Company (assignee of all the rights and privileges here- ord. No. 4279, tofore granted under Ordinance No. 4009, Administra- bec.isyg. tion Series) is hereby authorized and empowered to construct, maintain and operate a railroad on Claiborne street, from the intersection of Louisiana avenue to the track of the Chicago, St. Louis & New Orleans Railroad, in lieu of their present right to extend said road from the intersection of Claiborne along Louisiana avenue to said main track of Chicago, St. Louis & New Orleans Railroad, subject to all the provisions and in accordance with the terms and conditions in said Ordinance No. 4009 contained. Art. 2584. (1) That the New Orleans Belt Railroad uaiiroadfrom Company, its successors and assigns, is hereby author- c fa iborn^e "to ized and empowered to construct, maintain and operate, Ord.No. 437:, by steam or horse power, a line of railroad from the in- Feb., 1S79. tersection of Calliope and Claiborne streets, down Clai- borne to the intersection of Canal street, on the central or neutral ground of the same ; provided, that the bridge over the New Canal be constructed in a manner to be at all times useful to the public for the passage of vehicles 940 . RAILROADS. and pedestrians, in accordance with the plans and speci- fications to be furnished by the City Surveyer, and to the satisfaction of the Council, and the bridge-keepers to be employed at the expense of the Belt Railroad Com- pany. Union pas- Art. 2585. (2) That the neutral ground of Claiborne senger epot.^ street, from Common street to Canal street, be hereby dedicated to a public use as a union passenger depot, and hereby leased for a term of ninety-nine years to the New Orleans Belt Railroad Company, its successors and assigns, for the purpose of constructing, maintain- ing and operating a railroad passenger depot on said neutral ground, or so much thereof as maybe necessary, with all such powers and rights as may be appurtenant or incidental thereto, for and in consideration of an an- nual ground rent of six per cent, upon the cash valua- tion of the marked ground hereby leased, which valua- tion is hereby fixed at the sum of $40,000, subject to re-valuation or re-assessment every twenty-five years from the commencement of this lease, payable by the said New Orleans Belt Railroad Company to the said city of New Orleans, in quarterly instalments, begin- ning six months after the ratification by the Legislature ; provided, said depot is built in accordance with plans and specifications approved by the City Council. Right to run Art. 2586. (3) That the right to run passenger trains, frains! ^ " ^ ^ "^ of such railroads as may contract for the use of said depot over the line of the said New Orleans Belt Rail-.j road Company is hereby granted to said road. Removal of Art. 2587. (4) That the building, in part or in whole! market*!" ^ ' ou Said Icascd ground, known as the Claiborne Street Market, shall be removed and re-erected at the cost and charge of the New Orleans Belt Railroad Company on j such ground as may be designated by the City Council, in accordance with the plans to be furnished by the Cityj Surveyor, and to the satisfaction of the Council ; pro* vided, that the materials used in the present structure| be employed in the new building, except such as are un- fit from' wear or natural decav. RAILROADS. 947 Art, 2588. (5) That so much of this ordinance as Ratification leases neutral ground of Claiborne street, between Canal Assembly. street and Common street, is to take effect only after its ratification and confirmation by the General Assembly of the State of Louisiana, during the present session there- of, otherwise this ordinance shall be null and void. Art. 2589. (6) That the work of construction, both commence- of said railroad and said depot, shall be commenced "icuon of wol^. within six months, and shall be completed within three years after said ratification, and that the trees on both sides of said railroad shall be kept up by said Belt Rail- road Company at its own expense. Art. 2590. (7) That said Belt Railroad shall be bound Drainage and to establish and preserve proper drainage on all the *'"^'*- streets intersecting their tracks, and shall always keep the streets and sidewalks crossing their track, or tracks, in good order and condition, and maintain the grade of the same, the whole width of said neutral ground, on proper level with said tracks. They shall also keep in good order and condition the banks of the New Canal, a distance equal to the width of said Claiborne street, and shall keep the levees of the same at such a height as to prevent overflow. See Neutral Ground, p. 528. watkins railroad. Art. 2591. (1) That the city of New Orleans does Franchise, hereby grant to W. H. Watkins and his associates, sue- c,s.^''°'^^^' cessors or assignees, the right to construct, maintain ^^'"'^^ 5. «f9S- and operate a single or double track railroad upon the route and lines hereinafter described, and to use steam locomotive or other appropriate motive power. Provided, that within sixty (60) days from the pro- corporation mulgation of this ordinance the saidV. H. Watkins '°'''°'^^"'Yb! and his associates will, under penalty of the nullity of this grant by the mere lapse of time, cause the same to be transferred to a corporation organized under the laws of this State with its domicile in this city, which corpo- ration shall provide in its charter for the assumption of this grant on such terms as may be agreed upon by it and the said W. H. Watkins and his associates. 1)48 RAILROADS. That the route upon which the said railroad coinpanv may construct is as follows : Right of wav. Art. 2592. (2) Beginning on Hagan avenue and Cal- liope street, connecting with the tracks of the Illinois Central Railroad Company, thence on Hagan avenue, connecting with the switch track of the Southern Chem- ical and Fertilizing (Company, Limited, thence upon and along the extension of Hagan avenue and Hagan ave- nue to a point near Bienville street, thence along by the shortest praetic^able route to the intersection of Hospital or Barracks street and Metairie road, thence along Hos- pital street or Barracks to a point on or near Taylor avenue, thence to Bayou St. John, crossing Bayou St. John on an iron draw-bridge with a clear opening of fifty feet, on to the embankment of MarigQy Canal or Pleasure street or avenue, and along said embankment or avenue to Marigny avenue, thence along and upon Marigny avenue to Elysian Fields street, with the right to there connect with the switch tracks of the Standard Guano and Chemical Manufacturing Company, and to cross and connect with the tracks of the Pontchartrain Railway and the Louisville & Nashville Railroad on Elysian Fields street, thence along Florida walk to People's avenue, with the right to there connect with and cross the tracks of the New Orleans & Northeastern Railway to Montegut street, thence down Montegut street to St. Claude avenue and there connect with the New Orleans & Southern Railroad, with the right to cross all intervening streets, to the lower limits of the city, and with the right to make suitable connections with the^ slaughterhouses of the people's Slaughterhouse Com- pany and the Crescent City Slaughterhouse Company,] by spur tracks now existing or such others as may bel necessary. Intersections. Art. 2593. The right is further granted to cross all '*'• intervening railroads, street railroads, canals, streets^] alleys and other unimproved city property along th< entire route above described, with the right to make such local variations from the above described route may construct proper and suitable curves connecting RAILROADS 949 with the various roads and parts of roads above described, and with the ri^ht to cross or extend along streets, alleys, canals and unimproved city property, with the right to construct such turnouts and switches as may be necessary to make a connection with all the rail- roads touched by the railroad herein described, and with the industries which are now or may hereinafter be located along said route. The City Engineer shall upon request of the aforesaid grantee furnish or approve the lines and levels upon which said railroad tracks or any part thereof are to be constructed, and said railroad, or any part thereof, shall be constructed upon such lines and levels as furnished or approved, provided this grant shall not interfere with grants made heretofore by the State of Louisiana or the city of New Orleans to other lailroads, but shall be subject thereto. Art. 2594. (3) That the railroad aforesaid shall at all times be constructed and maintained so as not un- leasonably to interfere with the right of passage along and over the streets through which the said road runs. All streets through or across which said railroad runs shall be restored to substantially as good conditions as they were prior to the time of laying such tracks therein. Art. 2595. (4) That proper and efficient gates shall l)e placed on Canal street at the intersection of Hagan avenue, and watchmen to operate said gates. Art. 2596. (5) That the grantee, his successors or assigns aforesaid, shall have the right to construct switches, sidetracks and turnouts into such property as they may acquire and use for the purpose of depots, yards or repair shops along the line of said railroad. Art. 2597. (6) Should at any future time a Belt Railroad be built, and it should become necessary that the aforesaid road or route be used to complete such belt, then the same may be so used for such purpose. Art. 2598. (7) No garbage shall be transported over the said road. Art. 2599. (8) This road or route shall at all times be open to any of the railroads now entering the city of Construction. itches, etc. lb. 950 RAILROADS. New Orleans, or to any roads that may hereafter enter said city, or to any individual or corporation having- manufacturing enterprises along the route of said road, or to any person or corporation desiring the use of sai ^ lb. any damages resulting from the construction of tli- operation of this road. Term. Art. 2604. (13) That the franchises and rights " granted and acquired by this ordinance shall endure aiifl continue for the term of ninety -nine years from the dai of the signing of the contract. Repealing Art. 2605. (14) That all ordinaiiccs and parts of or- ciause. ^^ dinances in conflict with the provisions of this ordinance be and the same are hereby repealed. SWITCH TRACK PRIVILEGES. Art. 2606. Whereas, corporations, firms and indi- viduals have in some cases made application to the City Council for switch track privileges, which being granted, have never been constructed ; and. RAILROADS. • 951 Whereas, the granting of such privileges by the City Council is based upon the claimed necessity for same ; therefore, be it ordained. Art. 2607, That all switch-track privileges heretofore Forfeited i n ^ '^ sixty days. granted by the City Council that remain unconstructed Ora. No. .;i72, and not ready for operation within sixty days after the March lo.iSgi, promulgation of this ordinance be and they are hereby repealed. Art. 2608. That any and all switch-track privileges nuii and void •' ^ ''unlebS com- hereafter granted shall be required to be completed pj^^ted in sixty within sixty days from the date of such grant, other- i^. wise to be null and void, the City Engineer being hereby prohibited from giving any lines for such privileges, except under the provisions of this ordinance. Art. 2609. That from and after the promulgation of ^.^J.^^"^ '*"*^ this ordinance each and every railroad or other corpora- jP^'*''^°- ^^'• tion and every applicant for the privilege of laying a oct. ii,iSq2. switch track or tracks, siding or sidings, turnout or turnouts, etc., shall submit with such application plans or sketches in duplicate, one copy of which shall be kept each by the (3ity Engineer and the Clerk of the Council of the location of the track or tracks, etc., pro- posed width, length, etc., and said sketches shall also show all the existing tracks, if any, and by whom claimed, etc. This ordinance to apply to all existing rights. Art. 2610. That all ordinances or parts of ordinances Repealing in conflict with this ordinance be and the same are " ' ib hereby repealed. Art. 2611. Whereas, the railroad switches fronting the wharves as now constructed cause a great deal of inconvenience to the general public having business on the river front ; therefore, be it resolved. Art. 2612. That the Commissioner of Public Works be Planked be- and he is hereby instructed to notify the various com- ord^No. 7310, panics owning the said switches to have same planked March 14, 1893. between tracks to the satisfaction of the Commissioner of Public Works. Art. 2613, That His Honor, the Mayor, be and he is hereby directed and authorized to appoint a committee 1J.)2 RAILROADS. Belt railroad, of tell members from the City Council, with the Mayor, c. s.' ' "■^*°^' City Engineer and City Attorney as ex-officio members July 3, 1894. of the said committee, and that His Honor, the Mayor, be further authorized to request the various exchanges and commercial bodies and labor organizations to ap- point a committee of three from each of the said organi- zations, and that the various trunk lines entering the city be requested to each send a representative to serve on said committee, all of whom are to meet with a view of discussing and determining the most feasible plan for the establishment of a belt railroad in the city of New Orleans and to select the most suitable route for same. SPECIFICATIONS FOR THE WORK NECESSARY TO BE DONE TO CHAN(iE THE ST. CHARLES STREET RAILROAD COMPANY SO AS TO BE OPERATED BY ELECTRICITY. 1. The road will be reconstructed in the manner hereinafter described, and to lines and levels to be established by the City Engineer. 2. All work to be done in a thorough and first-class manner, and all materials furnished to be first-class and to the satisfac- tion of the City Engineer. 3. All of the tracks to be relaid witli side-bearing girder rails of such shape, dimensions and weight as will be approved by the City Engineer. The preferable rail, and which will be used unless reasons show where the interests of all parties will be en- hanced, will be four inches in depth. By using the above rail the same section can be laid continuous throughout the whole length of the street and crossing culverts. 4. If it is decided that a greater depth of rail will be superior to be used, the necessary arrangements will be reciuired to be made so as to provide a depth of rail not exceeding four inches across all culverts. 5. The whole of the construction of the existing tracks to be re- moved and the sub-grade excavated smooth, even and uniform to a depth to admit of the construction as shown on the accompany- ing plans for the different streets. 6. On top of this sub-grade and extending four feet three inches on either side of the centre of track will be laid close one inch cypress planks in direction of the rail, on top of which planks will be placed four inches of good concreting gravel, on which will be laid the crossties. which crossties will be cypress five inches by eight inches by eight feet in length. These crossties to be thoroughly bedded, rammed and tamped in the gravel to bring RAILROADS. 053 the surface of the rail to the proper grade, and every precaution taken to have the ties thoroughly soliditied in the gravel. The ties to be spaced three feet centres, and the space between the ties to be tilled in tlush with the top of the tie with gravel or good earth rammed and packed in position. On top of the tie to suit the different classes of pavement on streets through which the tracks run will be placed a stringer directly under the rail and secured to each crosstie by a boat spike of sufficient length to extend into the tie three and one-half inches. This stringer to be of good sound cypress. This stringer will be of sufficient depth to admit of the proper laying of the different classes of pavement on streets through which the tracks run. 7. On dirt streets, anticipating the future paving of the streets, the sub-grade will be the same as above described for tracks through streets which are paved, and arranged to be planked with 3-inch plank between tracks and I'ails and for a distance of one foot on the outside of each outside rail. Should it be found that a greater depth of rail than that above described will be preferable to be used, dispensing with the stringer, the preparing of the sub- grade, etc., will be the same as that above described. Should a greater depth of rail be used, the rail will be either cut off or arranged in such manner as to allow only a depth of four inches where the rail crosses culverts. The rail will be thoroughly se- cured by spikes, in the usual manner, to the stringer, and a tie rod ^3 by 2-inch will be placed every eight feet to prevent the rails from spreading. These tie rods to be placed in the centre of the web of rail. 8. Such portion of the street as is necessary to take up or dis- turb for the proper execution of the work necessary to recon- struct the tracks where the grade is correct will be replaced in the most thorough and substantial manner with the same quality of pavement as now existing. Whenever the grade is raised the pavement shall be raised and repaired to form symmetrical arch. The necessary amount of paving on either side of the portion taken up as is necessary to rearrange and provide satisfactory conditions for traffic on the street will be rearranged at the time when the tracks are laid. 9. The gutters on the cross and parallel streets that are not paved and which arr necessary to rearrange to provide proper conditions for the drainage of the street and the use of the street for traffic will be rearranged by the company when the street is beiiuj repaved or rearranged. 10. All existing culverts which are crossed by this railroad will be placed in a thoroughly first-class order and to grade with the same (luality of material now existing in rinifannit;/ with the ex- isting franchise of this railroad company. 11. All culverts across streets which are now being improved will be constructed of brick, and of such dimensions and shapes 954 RAILROADS. as will be designated by the City Engineer, and at the expense of the railroad company. They will also, when streets are being paved and the culverts gutters improved, put in the culverts gutters under their tracks, of brick, of such dimensions, etc.. as directed by the City Engineer, at the expense of the railroad company, the portion of this work which will be charged up to the railway company being the portion directly under the track and for a foot on either side of the same where single tracks exist, and where double tracks exist, one foot on the outside of each outside rail, and between the tracks and rails. 12. The poles carrying the feed and trolley wires will be of iron or wood, of neat design, strong and substantial, and will be imbedded in concrete, the location of these poles to be such a> will be approved by thaCity Engineer, and all damage accruing from the proper erection of the poles, to either private or public propertv. to be made good by the railroad company. The wires to be thoroughly insulated in the most approved manner, and the whole system of wiring conveying electricity to embody the most approved appliances for the operating of cars by the trolley sys- tem, or such other system as may be approved. 13. The motor cars may haul one or more trailers. Cars shall not be compelled to stop excepting at the further side of crossings, and they shall not wait for passengers who are not on the cross- ings ready to enter. 14. Where poles and wires have already been erected for the operating of cars by electricity upon any streets or parts of streets by any other compan}- or person, this company shall use the said poles and wires so erected upon paj-ment to the owners thereof a proper share of the cost of construction and mainten- ance of said poles and wires, and shall not be permitted to further obstruct the street by the erection of additional and unnecessary poles and wires. The speed at which cars shall run. as also the time between running of cars, will be as may be from time to time determined proper as contained in ordinances which have and shall be passed by the City Council. The cars to be of the latest approved pattei*n and finish, and shall at all times be kept clean and neat and in good operating order, and shall be provided with ventilators on the roof. The right is given for the company to rearrange existing switches, turnouts, sidetracks and other necessary appurtenances, as also to construct such others as are necessary to provide proper facilities for the operating of the lines by electricity, provided all changes in the existing conditions or such new tracks as may 1" required for switches, turnouts, sidetracks, etc.. are approved »- to location and construction by the City Engineer. All special work, sucli as switches, turnouts, curves, etc.. an- RAILROADS. 955 to be approved by the City Engineer previous to their construc- tion. ^ On neutral ground or private property the rails may be of the T pattern. At points where the tracks of this road cross the tracks of other roads, either steam or tram, the crossings shall be constructed of steel made in such manner as to form complete continuous crossings according to plans on file in the office of the City Engineer. Where T rail crossings are used an inner or guard rail will extend on the inside of each rail to the prolongation of the property line or to where it meets a girder or flat rail, and will have a steel rtller. The cost of construction and mainten- ance of all these crossings to be governed by the provisions of OrdirfanceNo. 6547. C S. The maintenance and repair of the road when same is com- pleted to be done in a thorough and substantial manner and to the entire satisfaction of the Commissioner of Public Works. All of the conditions, stipulations, etc., as to fare, maintenance, etc., as provided in the contract between this company and the city of New Orleans, under Ordinance 6557, C. S., to remain in full force and effect. City Engineek. Office of City Engineer. l!<>(nn I'.i. Citij Hall. Neir Orleans, Jul i/ 19. 1894. Act 77 of 1886. To amend and re-enact section 918 of the Revised Statutes of 1870, relative to placing obstructions upon, or in any way in- terfering with railways, and to increase the penalty therefor. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That section 918 of the Revised Statutes of 1870 be amended and re-enacted so as to read as follows : '"Whoever shall place any obstruction upon any railway within this State, with intent to hinder, or obstruct, or impede, or endanger free pass- ing thereon, or with the design to injure the said railway, or the passengers, or engine, or cars passing thereon, or whoever shall take up, or loosen, or remove any part of the superstructure of any railway, with like intent or design, or whoever shall dis- place any switch upon any railway, with like intent or design, shall, on conviction thereof, be sentenced to imprisonment in the State Penitentiary for twenty years, and be fined at the discretion of the court; provided, the prosecution and punishment of all offences committed previous to the passage of this act shall be conducted in conformity with the laws in force previous to the passage of this act. i)3() RAILROADS. Act 81 ok 1882. Entitled an act to authorize the city of Xevv Orleans, in the sale or lease of franchise or right of way for street railroads, or other privileges, to apply the price paid for the same in the performance of works of public improvements of a perma- nent character, such as paving streets, embellishing parks, etc. Whereas. Notice, as required by Article 48 of the Constitution, has been given of the intention to apply for the passage of this act; therefore. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That hereafter, whenever the city of New Orleans, through her proper authorities, shall contract with private cor- porations or individuals for the sale or lease of public privileges or franchises, such as the right of way for street railroads, or for other public undertakings, within her legal power and control, the price paid for the sale or lease of public privileges or fran- chises shall be applied by said city in the performance of works of public improvement of a permanent character, such as paving streets, embellishing parks, etc. Sec. 2. Be it further enacted, etc.. That all laws and parts of la'vs, and especially so much of section 10 of Act No. 31, Acts of 1876, known as the Premium Bond Act, and of section 5 of Act No. 133, Acts of 1880, as may be in conflict herewith, be and the same are hereby repealed. Act 133 of 1888. Providing a summary remedy against corporations to compel a compliance with certain obligations and contracts with mu- nicipal corporations, and providing ways and means to enforce said remedy. Section 1. Be it enacted by the don'ral Assembly of the State of Louisiana. 'L'hat in a,\\ csises wiiere any corporation has here- tofore contracted with, or may hereafter contract with, or shall be otherwise legally bound to any parish or municipal corpora- tion in this State, with reference to the paving, grading, repair- ing, reconstructing or care of any street, highway, bridge, cul- vert, levee, canal ditch or crossing, and shall fail or neglect to perform said contract or obligation, the said parish or municipal corporation, or any officer thereof, or any five taxpayers thereof, shall have the right to proceed by a writ of mandamus to com- pel the performance of said contract or obligation, or any part thereof, which writ of mandamus shall be made returnable in five days, shall be tried by preference over all other cases, with- out a jury in vacation, as well as in term time, and in case of ap- peal shall be tried by preference in the appellate court. Sec. 2. Be it further enacted, etc.. That in case any corporation RAILROADS. 957 shall fail or neglect to comply satisfactorily with am' judgment against it in such a proceeding within the time therein tixed (which time shall be tixed by the court at such period within which the work can be reasonably done), it shall be the duty of the court, on contradictory motion and proof taken in the same case, to issue a writ of distringas against said company, and to order the sheriff to do the work required to be done, and to ap- ply the revenues and property of said company to defray the ex- penses incurred in executing the judgn)ent of the court. Sec. 3. Be it further enacted., etc., That all laws and parts of laws contrary to the provisions of this act be and the same are hereby repealed. Right of way granted over State lands. Act 84 of 1882. To protect life and prevent accidents on trains and cars of rail- road companies throughout the State. Act 39 of 1882. Transfer of rights and franchises of railroads to purchasers under foreclosure provided for. Act 38 of 1877. To provide equal but separate accommodations for the white and colored races in the depots of railroad companies, and defin- ing the duties and powers of the agents and their employees of such railways. Act 98 of 1894. Relative to certain contracts for the sale, conditional sale, lease or hire of railroads and street railway equipment and rolling stock, and granting a lien and privilege in such cases, and pro- viding for the recording thereof . Act 111 of 1896. Fixing the maximum tariff to be charged by railroad companies >r carrying passengers in this State, and providing a penalty >r violation of same. Act 133 of 1894. Relative to special elections in the parishes, cities and incor- )rated towns of this State for the purpose of levying special ixes in aid of railway enterprises. Act 153 of 1894. N. O. & Gt. X. R. R. Co., extending tracks to river. Act 78 W 1870. Consolidation with Miss. Central authorized. Act 42 of 1874. Consolidation with Chicago, St. Louis & X. O. R. R. ratified, let 89 of 1878. ,N. O., Mobile & Chattanooga R. R. Co., incorporated. Act of 1868. Exclusive wharf privileges. Act 67 of 1869. X. O., Mobile & Texas R. R. Co. authorized to convey to X. O. & Texas R. R. Co. certain property and franchises. Act 86 of 1874. X. O. (fc X. E. R. R. Co., incorporation of the Mandeville & Sulphur Springs R. R. Co. Act 159 of 1868. Xame changed to X. O. & X. E. R. R. Act 60 of 1871. Extension to Xew Orleans. Act 106 of 1871. X. O. Pacific R. R. Co., incorporated. Act 14 of 1876. 958 RAILROADS. Decisions. The city may grant the right of way in the streets to private individuals for a limited period, with the privilege of laying rails and running horse cars over them, in such a manner as not to prevent the use of the streets by other inodes of conveyance, and according to a fixed tariff. Such power may be exercised under Act 14th March, 1816, Sec. 1, Xo. 37; 8th March, 1836, Sec. 20, No. 16; 21st March, 1850, Sec. 19, No. 202; 14th March 1855, Sec. 7, No. 131; C. C. 859; 14 An. 842. Can allow railroad on streets. 34 An. 467; 35 An. 643, 1067. The city has a right to grant a right of way through her streets and other property. 35 An. 1062. The Legislature of the State has vested the city of New Orleans with authority to regulate the use of her streets, and to authorize the establishment thereon of railroads operated by steam. 38 An. 599. The original guarantee from the city of New Orleans of a fran- chise, or privilege, of a right of way over certain streets for rail- roads, for a term of twenty years, can not, after the expiration of said term, enjoin the city from advertising and selling the same franchise on the ground that the city has failed to comply with its alleged contract obligation to take and pay for its " railroad, roll- ing stock, equipments and fixtures."* Such failure, even if the obligation existed, could not operate to prolong the franchise, or to restrain the city in the exercise of its sovereign authority over its streets for the benefit of the people to whom they belong in common. 39 An. 709. Under the Constitution and law of the State of Louisiana, the city of New Orleans is clothed with full and exclusive power to grant franchises for the construction and operation of passenger street railways, by steam or horse power, within her corporate limits, including the right of regulating the rates of fare to be exacted by said corporation for the transportation of passengers. The city's discretion in regulating such matters is not subject i judicial control or interference, unless arbitrarily or unlawfullj exercised. 40 An. 446. The citj'^ of New Orleans, by delegated power from the LegiS'^ lature, has the paramount control and regulation of the streets the city, and can grant the use of street railways already con- structed to another which she has authorized to be operated. The City Council can not grant the exclusive use of the street to a street railway, and deprive succeeding Councils of th« power of performing the duty of regulating the use of the street in such manner as it may deem best for the public interest. The proprietary right which a street railway has on its track is subject to the right of eminent domain. 41 An. 561. RAILROADS. 959 Fayinent of bonus does not confer immunity from payment of raxes, unless expressly stipulated in contract. 41 An. 4. Act 133 of 1888, which authorized mandamus proceedings to coerce specific performance of contractual obligations in certain cases, is not unconstitutional. Under a contract by a city with a railroad company, giving right of way, that the latter shall keep in good order and condi- tion, from curb to curb, the streets, intersections, bridges, etc., throiKjh which its tracks pass, it can not be claimed that tlie com- pany is under the obligation of keeping in such condition streets »n which its tracks do not pass and which extend alongside of and border on middle or neutral grounds, dividing them, com- prised between curbs or external lines, and which do not form ])art of thoroughfares on which vehicles usually circulate. The obligation exists only as to such streets and spots on which the tracks actually pass. 42 An. 550. Under the power expressly granted to the city of New Orleans to retjulate the use of its streets by railways, a discretion is vested as to method and means of regulation, which will not be judi- t'ially interfered with, unless manifestly unreasonable and op- pressive. 42 An. 1069. The city government of New Orleans has the right to grant the privilege of the use of a part of the tracks of street railway to another company. It can continue the use of a different car pro- pelled by a different motor than the one in use on the track. The permission to use the electric motor is one of the means of using the public streets, and is granted for the public conveni- ence, and is the exercise of the police power of the city over pub- lic places. 44 An. 485. The power of regulating the streets delegated to the city of New Orleans by the Legislature of the State embraces authority to establish street railways on its streets, but it does not include authority to grant to any person or corporation an exclusive privilege to operate a railway on any street. The power to regulate the use of streets for railway purposes is a persisting power inhering continuously in the city govern- ment, and one Council can not, by one exercise of the power, de- prive succeeding Councils of the power to exercise it again when found necessary for the public interest. Whether or not the Legislature itself possessed, under prior Constitutions, the power to grant such exclusive privileges, we hold that under the general and cautious terms of the legislative charter of the city, no such power was delegated to the latter. Whilst valid contract rights must be respected, or only inter- fered with in the constitutional exercise of the power of eminent domain, claims to exclusive privileges under grants which are xiltra vires can not be permitted to thwart or obstruct the municipal discretion in the exercise of the power to regulate the streets 960 RAILROADS. eonlided to the city to be used for the benefit of the people. 44 An. 728. When the city of New Orleans grants a privilege to a corpora- tion to construct a street railway through a street, the neglect of the corporation to comply with its obligation can be taken ad- vantage of only by the city. If the city does not declare the grant forfeited, and the cor- poration, without interference on the part of the city, constructs its road, the city is estopped from forfeiting the grant. The streets are the common property of all the inhabitants of the city, and the corporation holds them in trust for their use and benefit The Ci y Council is without power to sell, for even a limited time, the exclusive privilege to use a street for any particular purpose. It can only regulate their use and management, which involve"; the exercise of the use of the police power of the city, which is inalienable. The charter of the city of Xew Orleans. Art. Xo. 7 of 1870. did not confer power upon the corporation to grant the exclusive privilege of the use of a street. The power conferred was re- stricted to the regulation and management of the streets. 44 An. 748. In proceeding under Act 133 of 1888, to enforce the perform- ance of a contract therein named, the contract must be so fixed in terms, and the liability of the defendant so certain, and the duty to be performed so particularized, that the duty imposed upon the defendant by the court in decreeing the execution of the contract can be readily ascertained, and as readily exe- cuted. An ordinance of the city of New Orleans, enacted before the passage of Act 133 of 1888. and which becomes a part of a con- tract between said city and a railroad corporation, requirinii notice to be given to said corporation of certain repairs to be done on the streets, must be complied with before the city can invoke the remedy by m«jidrt»i?^ 1 . , > 11, order to entitle the right, on makmg amdavit of such removal before him to vote; the the assessor, supervisor or clerk, to have the entry on wiUioiuchar°ge! the books of registration and on the poll lists changed so as to p e n a ity for , .^. , . ., , . violation of this correspond With his new residence; and no assessor, supervisor section, or clerk of registration shall be allowed to charge any voter a fee for making such change, or for any other matter or things required by this act to be done ; and any assessor, supervisor or clerk who shall violate this provision shall, on conviction, be punished by tine or imprisonment, at the discretion of the court. RIGHT TO BE REGISTERED. Sec. 29. Be it further enacted, etc., That the respective assessors, Assessors the supervisor and clerks of registration, shall each have the supervisors of .. , ,.. ,., ele ction and power to administer oaths to any person claiming the right to their clerks au- be registered, or in regard to any other matter or thing required ^I'ni'ste'!- ^oaths to be done or inquired into by any of said officers, under Pen ai ty for this act, and any wilful false swearing by any person in rela- tion to any matter or thing concerning which he shall be inter- rogated by any of said officers shall be punished as perjury. PENALTY FOR ALTERING OR TEARING DOWN ANY NOTICE OF ELECTION. Sec.iSO. Beit further enacted, etc.. That if any person shall Penalty for fraudulently alter, add to, deface or destroy any list of voters altering, defac- made out as directed by this act, or any book of registration, or i n g list of tear down any poster or notice, or remove the same from the of ^registrat?on^ place where it has been fixed or deposited for any improper or tearing or purpose, the person so offending shall be deemed guilty of a er^°^'"^ ^°^ misdemeanor, and. on conviction thereof, shall be punished by a fine not exceeding five liundred dollars nor less than one hundred 982 REGISTRATION. dollars, and by imprisonment for not more than twelve nor less than three months, at the discretion of the court. ASSESSORS AND REGISTRATION OFFICE. Prohibitionto Sec. 31. Be it further enacted, etc., That the assessor shall not ^pen^'theu^of" ^^^"^ ^^^ omcG On any boat or water craft, and during sixty days fices on any before the general election shall not go to unusual places under boat or water ^, ^ j- jy: j. ^ .^ , craft, and dur- the pretence of affording opportunity for voters to register, ''rf r^'to^ lee- ^^^^ shall remain at each appointed place during the full period tion to go into named in his public notice, and shall not attend places to register unusual places , ,,.,,, ,. ,. .,.,. for the purpose voters of which he has not given notice as required by this act; The'^^fhaU onf ' ^^^ ^°^ asscssor violating this provision or wilfully refusing to register a t open his offlce at or near each polling place in his parish shall, them ^n'^p recoil conviction, be deemed guilty of a misdemeanor, and shall be vious notices. pQnigiig(j |jy a tine and imprisonment, at the discretion of the violating thisCOUrt. • section. NATURALIZATION. Duty of per- Sec. 32. Be it further enacted, etc., That every person of foreign b?rthwho°ciafm t)irth claiming a right to be registered shall, in addition to the the right to be proof of residence, prove that he has been naturalized conforma- registered. bly to the laws of the United States, or declared his intention to become a citizen in accordance with Article 185 of the Constitu- tion of this State; and, as evidence thereof, he shall produce a certificate of naturalization under the seal of the court in which said naturalization took place, duly attested by the clerk of said court, and shall prove by the oath of two qualified electors of the election precinct that he is the person named in the said certificate and person to whom it was issued. If he has lost said certificate, having been naturalized by a court of this State, he shall make oath to the fact and produce a certified copy of his certificate of naturalization, which shall be furnished him by the clerk of said court free of cost; and any clerk refusing to issue such certified copy shall be deemed guilty of a misde- meanor, and on conviction shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or six months in the parish prison. FALSE REGISTRATION OR NATURALIZATION. Penalty for l^EC. 33. Be it further enacted, etc.. That if any person upon any making false false representation, or by the production of any forged, felse or or'io^r^^the* pro- spurious naturalization certificate, not duly issued according to forced ortpurl- ^^^ ^^^^^ *^^ ^^^ United States, shall cause his name to be placed, ous naturaiiza- or shall attempt to have his name placed, upon any book of registration for election purposes, or upon any list of qualified electors authorized or required to be made by any law of this State, or shall vote or attempt to vote at any election, every such person, upon conviction thereof, shall be adjudged guilty of a REGISTRATION. 983 misdemeanor, and shall be sentenced to imprisonment in the parish prison for a term of not less than twelve months. REGISTKATION OFFENCE. Sec. 34. Be it further enacted, etc.. That any assessor, super- Penalty visor or clerks of registration who shall wilfully and knowingly ^^^^^^J^. ^"y refuse to register any person legally entitled to registration pervisor or under the provisions of this act, shall be deemed guilty of atr^ation w^h^o misdemeanor, and on conviction shall be punished by a tine not ^"^^'^j ^^^^^^*^^^° to exceed five hundred dollars, and by imprisonment in the person legally parish prison for a term not exceeding two years. '^"^ ' ^ REGISTRATION — COUNTRY PARISHES. Sec. 35. Be it further enacted, etc., That no certificate of reg- Certificate of istration shall be issued or required as a part of the evidence of J'hortzed*"to *be an elector's right to vote in any parish, except the parish of Or- issued only in ^ J f 1 r- 1 j.^g parish of leans. Orleans. ASSESSORS — REGISTRARS — COMPENSATION. Sec. 36. Be it further enacted, etc.. That in each parish of the Assessor to State, except the parish of Orleans, the tax assessor shall, for cfefk • MsVuai^ sixty days before each general election, on his application, be en- ifications; tobe titled to one clerk, who shall be selected from the opposing ^h J' Go" ernor^ political party, to be appointed by the Governor. The said clerk ^}^^ 'h'cnv'^Tid' shall be entitled to a compensation of three dollars per day for the time actually employed, not to exceed sixty days in any one year, and only for years in which a general election is held ; this compensation shall be payable out of any funds in the State Treasury not otherwise appropriated, on presentation of his ac- count, sworn to by himself and approved by the assessor; andj^j^^°j"j^|"^|" the assessor for each parish, except Orleans, shall, in addition to sessor for ser- hls compensation as tax assessor, be entitled to a salary of two t^r'^au'on'^rfd hundred dollars for each year In which a general or special elec- e'^^ction, how tion is held, payable on his own warrant, approved by the Gov- .ernor, out of any funds In the State Treasury not otherwise ap- propriated. DEPUTY ASSESSORS. Sec. '67. Beit further enacted, etc., That In case of the sickness Assessors au- or inability of the assessor to act he may appoint a deputy to p'^'int^aVeputy perform his duties, and for the incompetency or wilful neglect or Assessor, how refusal to act of any assessor he shall be removed by the Gov- ''*™°^* ernor, who shall Immediately appoint his successor. REGISTRATION OUTSIDE OF ORLEANS — LOCATION OF REGISTRA- TION OFFICE. Sec. 38. Be it further enacted, etc.. That the assessor for each parish of the State, except Orleans, shall, as soon as he can 984 REGISTRATION. Mode of reg- Obtain the books and blanks provided for in this act from the clerk stafe'The^par^^^ ^^® court, proceed to revise the registration books in his par- ish of Orleans igh by erasing the names of those who have died, left the parish, excepte . ^^^ from any cause become ineligible as electors, and enrolling the names of those who have become entitled to register since last registration. He shall, in addition to the two days he is re- quired by law to attend at each polling place for the purpose of ^How ^^^g^^*^^^ assessing taxes, remain one day for the purpose of registering the shall register voters, and in the notice which he is required by law to give of tice to be given his attendance at such polling places, he shall mention the fact by him for that jj^j^j- j^g ^jjj ^igQ ^nd at the same time, open the office of regis- purpose. ' -if to tration at said polling places. He shall, for sixty days before each general election, keep his office open daily, Sundays and Assessor t o ^^S*' ^'^^^'^^^^ ^^""'^P^^*^' ^''^"^ ^ ^'^^^"^^ ^^ ^^^ forenoon until 1 keep office open o'clock in the afternoon, from 2 o'clock in the afternoon until 6 fore^each^gen- in the afternoon, for the registration of all legal voters. He erai election for gjjj^ji keep his office at the court house during the first week of registering all ^ » legal voters; said sixty days, and shall then establish his office for at least one his^office at the day at or near each polling place in his parish, and at such other court house. places as maj^ be necessary in order to afford convenient oppor- tunity for all qualified voters to be registered. During the last two weeks of said sixty days he shall keep his office at the court i^v e"b° the ^<^"se. He Shall, for seventy days before each general election, assessor sev-cause to be published, at the expense of the parish, in the fore the^^eiec- official journal, if there be one in the parish, a list of all the fi°"d ^b ''if "^ places where the offices of registration will be opened, and the for registering time during which the office will be opened at each place during voters. ^^^ g^.^ sixty days. He shall, in addition to the notice in the newspaper, cause a similar notice, written or printed, to be posted for at least sixty days before the election at each place of New Orleans where the office of registration is to be opened; in the parish of to fix the loca- Orleans the Citv Council shall give notice of location of the ottice tion for regis- - ° tration; notices of the Supervisor by continuous advertisement in the official ho 4 pubH^ed journal for sixty days before each general election, and shall give and paid for. notice of the location of each of the offices provided for clerks of registration by continuous publication in the official journal and' in one daily newspaper published in the French language, and in one daily newspaper published in the German language; all ac- counts for the printing provided for in this section shall be paid by the city of Xew Orleans, or by the parish in which the ad- vertising is done, as the case may be, and at not more than the rate provided by law. The said accounts, before being paid, must be approved by the Mayor of the city of New Orleans, or in other parishes by the assessor. NAMES OF DECEASED PERSONS STRICKEN OFF BY ASSESSORS. Sec. 39. Be it further enacted, etc., That the assessors, super- visor, or clerk of registration of each parish, shall within ten REGISTRATION. 985 days next preceding a general election strike from the registra- Assessor, su- tion the names of all voters who may have died, left the parish, cilrV of °reg?s- or from any cause become ineligible as electors; provided, that tration author- , ,, , . , , .,,..„ . ized to strike the name of no voter shall be stricken from the lists of registra- from the regis- tion in any parish who has left said parish within thirty days o^f^pe°sons%?ho of the time for holding the election, so that the elector shall not have died, left , . . , . . , , ^ , , . , .^ . the parish, o r lose his right to vote in one parish before he has acquired it in who have be- co n ble. not place upon the poll lists, which he is required by law Proviso, to furnish for the use of the commissioners of election, any name which has been stricken from the registration books, as provided for, and any assessor, supervisor or clerk of registration wilfully violating this provision, or who shall knowingly and illegally «rase the name of any voter who is legally entitled to be regis- tered and to vote in tiis parish, shall on conviction be deemed guilty of a misdemeanor, and be punished by fine and imprison- ment at the discretion of the court. Sec. 40. Be it further enacted, etc., That the clerk of the district Clerks of the court of each parish of the State, and the clerk of the Criminal i n this State €ourt of the city of Xew Orleans, shall keep a book and record o" the Criminal therein, immediately after sentence of conviction, the name and Court in New residence of each person, who shall have been convicted of trea- a record of per- sons convict- ed and sen- bribery, illegal voting or Other crimes punishable by hard labor t en ced for ji - . . . ., . . T -^ 1. 11 T ii- an infamous or Other imprisonment m the penitentiary, and it shall be the crime, and the dutv of the supervisor of registration in the city of Xew Orleans Assessor or su- • ^ o J pervisor oi regf- and the supervisor of registration in the other parishes to strike istration shall from the registration lists any person who shall have been con- names o" such victed of any of the foregoing crimes and misdemeanors. the"e"istration books. BOOKS AND STATIONERY FOR REGISTRATION. Sec. 41. Be it further enacted, etc.. That the books for poll lists How the and stationery necessary to carry on the registration and the \°°^\ ^" f i'^' necessary expenses for office rent incurred by the assessors, su- sessors and su- pervisor and clerks on account of registration shall be paid by Lgtration 8ha°li the parish in which the registration is carried on; provided, that ^^ P*'^ '°''- before the same can be collected the assessor or supervisor shall furnish the president of the police jury, or in Xew Orleans the Mayor of the city, a sworn statement of the expenses actually and necessarily incurred. Sec 42. Be it further enacted, etc., That any and all elections Under which held subsequent to the passage of this act and prior to the general ^h'lfb^hVd"" election shall be held under Act No. 101 of 1877. Sec. 43. Be it further enacted, etc.. That it shall be the duty of the supervisor of registration and of the assessor of each parish, within five days after the close of the election, to forward to the Secretary of State an accurate report of the number of registered voters in their respective parishes, the number of native and for- 98() REGISTRATION. Duty of As- eign born, and the number of wbite and colored voters, respec- sessors and su , p e r V i sors of registration lor mark. And it Shall be the duty of the Secretary of State to fur- the parish of. -^, -r .,, ,,-,,-,,. „ .-, .,. Orleans to nish the Legislature a tabulated statement of said reports withm r'e'e^i s^t^eTe^d twenty days after the meeting thereof, after each general elec- voiers to thetion. S e c r e t ary of State. Secre- Sec. 44. Be it further enacted, etc., That the supervisor of regis- furnish a state" Iration of the parish of Orleans shall be empowered to employ li e same to the Legislature. month. Act 55 OF 1888. To Amend and Re-enact Sections 1 and 36 of Act No. 123, of the Acts of 1880, Approved April 10, 1880, Entitled "An Act to Provide for the Appointment of a Supervisor of Registration for the Parish of Orleans, and Clerks of Registration Through- out the State, and to Fix Their Compensation, Define Their Duties and Powers, Provide for a Registration of the Parish of Orleans; to Provide for Keeping a Registry of Legal Voters ; to Define the Duties of Certain Officers ; to Prescribe Penalties for Violation of This Act; and to Regulate the Manner of Registering Voters Throughout the State ; and to Provide for the appointment of special canvassers.'' Section I of Section 1. Be it enacted by the General Assembly of the State of fsso ^°t^enLd^. Louisiana, That section 1, of Act No. 123 of the Acts of 1880, ap- proved April 10, 1880, be amended and re-enacted so as to read Supervisor of as follows : " That immediately after the promulgation of this act, Orleans'*par"ish! the Governor, by and with the advice and consent of the Senate^ shall appoint a supervisor of registration of the parish of Orleans, By whom ap- for the term of four years, who shall hold his office until the Ef'ifficl'sailry, i"Oiith of May, 1884, and every four years thereafter; who shall etc. ' ' receive a salary of two thousand dollars ($2000) per annum, pay- able monthly, on his own warrant, out of any funds in the State Clerk. treasury not otherwise appropriated; and said supei visor of registration for the parish of Orleans shall be empowered to ap- pointed, salary, point a clerk at a salary not to exceed fifteen hundred dollars per du^ty" ^^^ ^"^ annum, payable monthly on his own warrant, approved by the supervisor of registration out of any money in the State treasury Qualifications not Otherwise appropriated; and said clerk shall dis- Tions ^^^'''''^' charge such duties as may be assigned him by the Supervisor of Registration, and in the absence, sickness or disability of the Supervisor he shall act for him ; the Supervisor of Registration and his clerks appointed under the provisions of this act shall be bona fide voters of the parish of which he or they are appointed, and shall not be eligible to any elective office. Federal, State, parochial or municipal, during his term of office and for three months after the expiration thereof, or after his resignation, if he should resign. Sec. 2. Be it further enacted, etc.. That section 36 of said act REGISTRATION. 987 shall be amended and re-enacted so as to read as follows: That clerks of tax in each parish of the State, except the parish of Orleans, the tax ^|^|^j^g°''^^^;°^ assessor shall for thirty days before eaeh general election, on his purposes; f o r application, be entitled to one clerk, who shall be selected from ishes; by whom the opposing political party, to be appointed by the Governor; their °comVen- the said clerk shall be entitled to a compensation of three dol- sation. lars per day, for the time actually employed, not to exceed sixty days in any one year, and only for years in which a general elec- tion is held; this compensation shall be payable out of any funds in the State treasury not otherwise appropriated on pre- Compensation sentation of his account, sworn to by himself, and approved ^y °^^^'^''®®*=^^°''®* the assessor; and the assessor for each parish, except Orleans, shall in addition to liis compensation as tax assessor be entitled to a salary of two hundred dollars for each year in which a gen- eral or special election is held, payable on his own warrant, ap- proved by the Governor, out of any funds in the State treasury not otherwise appropriated. Act 58 of 1890. Section 1. Be it enacted by the General Assembly of the State of Annulling the Louisiana, That all existing registration of voters and registration existing regis- papers in the parish of Orleans be and the same are hereby voters in o r - canceled and annulled on and after the first Monday of Decem- «*°s P*"sn. ber, 1890, and that no person shall be allowed to vote in said parish upon any existing registration on and after that date. Sec. 2. Be it further enacted, etc.. That on the flrst Monday in Registrar ot December, 1890, the registrar of voters of the parish of Orleans l°^l^ reg^^ra! is directed to proceed to make an entirely new registration of tion of voters, voters in said parish of Orleans, in accordance with the provisions of existing laws, and to have printed, in large numerals across each registration paper issued under the provisions of this act "1890." Sec. 3. Be it further enacted, etc.. That the salary of the Super- salary of the visor of Registration for the parish of Orleans be fixed at thirty- ^"J'^tratio n°-^ six hundred dollars ($3600) per annum, as originally fixed in how paid. Act 123 of 1880, payable monthly on his own voucher, and upon presentation of which that the Auditor of Public Accounts be authorized and directed to draw a warrant upon the State Treasurer for the payment of the same out of any moneys in the State Treasury to the credit of the General Fund not otherwise appropriated. Sec. 4. Be it further enacted, etc., That all laws and parts of laws contrary to the provisions of this act be and the same are hereby repealed. Act 124 OF 1894. Be it enacted by the General Assembly of the State of Lou- isiana: Section 1. That for the purpose of facilitating the registra- Advertisement, 988 RICE CHAFF. Providing for tion of voters who reside in the Fifteenth Ward, of the city of of votfrSthe ^^^^ Orleans, which ward is situated on the west bank of the Fifteenth Ward Mississippi river, the Registrar of Voters of the city of Xew Or- Orieans? leans, be and is hereby required to establish and keep open, for al least ten days prior to the closing of the registration books for said city, an office in Algiers, which he shall attend either in person or by a duly apppointed and qualified deputy or clerk for the purpose of registering all such voters of said ward who may be entitled to registration. Sec. 2. That ten days prior to the opening of said office the Registrar of Voters shall give notice by piiblication in at least one newspaper published in Algiers of the time when and the place where said registration office will be opened. Sec. 3. That said registration office shall not open later than 6 o'clock A. M. and shall not close earlier than 7 o'clock p. M. •Sec. 4. That this act shall take effect from and after its passage. Regarding Conduct of Elections— See Elections. RENTS— See Ground Rents. RESTAURANTS — See Barrooms and Restaurants. REVENUE — See Licenses and Taxes. RICE CHAFF. May be burned ^^T. 2623. That I'ice cliaff may be burned under condui^ons!"*" boilers provided with appliances which will prevent the c^s^" ^°' '^^'' formation of soot or other deleterious emissions from Aug. n, >S93. chimneys, forming a nuisance to surrounding property. Burning pro- ^^^T. 2624. That rice chaff will not be allowed to be hibited. ^^ burned under boilers which are not provided with a proper appliance and spark arrester on chimneys. Tobediscon- Art. 2625. That in the event of the appliances used tinued. j^ for the prevention of the formation of soot, etc., are not successful, the burning of rice chaff will be discon- tinued until such appliances are adopted as will fulfil the requirements. The City Council and City Engineer from on Levee between Man- fcRICE CHAFF. 989 be the sole judges as to the merits or demerits of all appliances used. Art. 2626. That all ordinances or parts of ordinances Repealing in conflict with the provisions of the foregoing or- dinance be and the same are hereby repealed. Art. 2627. That permission be and the same is permission to hereby granted to the various rice mills located in this ^ha™^ city to dump their rice hulls in the Mississippi river deTfiie and from a wharf on the levee between Mandeville and '^rdf ?fo. 7883. Marigny streets ; provided, that the consent of wharf ^^ug. 1,1893. lessees will first have been obtained. Art. 2628. That for the purpose of accomplishing the Public dump. work recommended by the Board of Engineers as a tern- A. s.' porary protection of the river bank in the Third District below Montegut street, and to strengthen the bulkhead built by the wharf lessee, the Administrator of Improve- ments is hereby authorized to establish a public dump in front of said bulkhead, wherein all offal, manure, rice chaff, tin cuttings, tobacco stems and other refuse or waste matter shall be deposited. Art. 2629. That whoever shall violate the provisions Penalty. i of this ordinance shall be subject to fine not to exceed cs.' twenty-five dollars, or imprisonment in the parish prison for a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein ■ the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprisonment for more than thirty days. Art. 2630. That it shall be unlawful for any rice or unlawful to other mill to burn rice chaff, straw or other similar sub- etc. . , . , . ,. . Ord. N0.4804, stances withm the city limits. c. s. Oct. 28, 1890. Any violation of the provision of this ordinance shall Amended by be punishable by a fine of not more than twenty-five c. s'. dollars, or in default of payment to imprisonment for Penalty. not more than thirty days, or both, at the discretion of the Recorder. Art. 2631. That from and after the promulgation of this ordinance it shall not be lawful to build, maintain 990 SALES IN SECOND-HAND STORES. Rice flumes, or Operate any rice flumes through the levees of the Ord. No. 4394, j. «/ o c. s. Mississippi river within the parish of Orleans. Permit revoked "^^^^ ^^^ permits heretofore granted on the subject ^^- matter are hereby revoked. That it shall be the duty of the Commissioner of Public Works to cause all owners of rice flumes to close the same substantially as soon as practicable, ei^le''^^''"^ That all ordinances in conflict with this ordinance be I -and the same are hereby repealed. RIGHT OF WAY— See Railroads, Streets. RIGHT AND LEFT ROADWAYS— See Streets. ROOFING GUTTERS— See Buildings. SALARIES AND WAGES— See Employees, Appro- priations, Labor. Acts of 1869, p. 65, Xo. 65, prohibits garnishment of salaries, etc. SAND — See Batture and Lands and Levees. Complete lists to be lur- SALES IN SECOND-HAND STORES. Art. 2632. That from and after the passage of this tindinf o^^Po-^^^^^^^^^^' ^^ shall be compulsory upon the owner or ''ord. N0.6651 ^^^^^^' their agent or agents, of any place where ^Aug 30 18 2 second-hand goods are bought and sold, to ten- der to the Superintendent of Police upon every Monday, between the hours of 10 a. m. and 3 p. M., a full and complete list of any article or articles sold or bought by them, giving to the best of their knowledge and belief a full and complete SLAUGHTERHOUSES . 991 Lega days. description and name of the party or parties selling the article or articles to them, whether they be white or black, male or female. Art. 2633. That in the event that if any Monday shall be a legal holiday, then said report shall be made on the day following, between the same hours. Art. 2634. That the proper blanks for the report Blanks, shall be furnished at the office of the Supoi-intendent of Police upon application. Art. 2635. That it shall be unlawful for any owner Minors. or owners, agent or agents, of any second-hand store, to buy any article or articles from any minor or minors under the age of sixteen years. Art. 2636. That in the event that any person or Arrests. persons tender for sale any article or articles to the owner or owners, agent or agents, of any second-hand store, and they having good reasons to believe that said article or articles were stolen, it shall be their duty to have said party or parties immediately arrested. Art. 2637. That any person or persons violating any Penalty of the provisions of this ordinance shall be liable to a fine not exceeding twenty-five dollars, or imprisonment in the parish prison not exceeding thirty days, at the discretion of the Recorder of the district in which the offence shall have been committed. Art. 2638. That all ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. holi- lb. Re p e a clause. ling lb. SALOONS — See Barrooms and Restaurants. SLAUGHTERHOUSES. Art. 2639. That permission be and is hereby granted yj^th and and accorded to the butchers of the Sixth and Seventh seventh d i s - tricts. Districts to erect and operate a slaughterhouse on the ^^^' ^°- 4<'3S, property bounded by Cambronne, Jefferson, Ninth and Oct. 29, issg. Tenth streets Seventh District, for the purpose of sup- plying meats to the inhabitants of the Sixth and Seventh Districts. Said privilege to be for a period of ten years. April 21, 1891 992 SLAUGHTERHOUSES. with privilege of renewal for ten years at the pleasure of the City Council ; provided, the same be built in ac- cordance with plans and specifications on file in the Sur- veyor's office, and carried on in comformity with the rules and regulations of the Board of Health and the ordinances of the city of New Orleans. NBiV ORLEANS ABATTOIR COMPANY. Permission to Art. 2640. That pcrmission is hereby granted to A. °o7d.No.^s"8o, J. Forstall, Pierre Lanaux, J. W. Westerfield, J. Tris- Amended by coui, their hcirs and assigns, for the term of fifty years, c. s. *^ °^r^'^^ construct, use, maintain and operate a plant for the landing, penning, sheltering and slaughtering of all kind of live stock; to construct, use, maintain and operate in connection with the above a plant for the manufacture of ice and other cooling and refrigerating substances with a view of keeping, preserving, refriger- ating or freezing the carcasses or other parts of the vari- ous animals slaughtered in said above mentioned es- tablishment ; and to sell or dispose of to others the meats so slaughtered or refrigerated and also the ice and other refrigerating substances which may be in excess of their consumption ; and generally to conduct and carry on a slaughtering and refrigerating business in all its branches, storing, importing and exporting within the area comprised between the Mississippi river and St. Claude street, the projected line of "Caffin avenue" and Adams street in the Third Municipal District of this city. Art. 2641. That the said persons or corporation shall execute a bond with one or more good and solvent sure- ties to the satisfaction of His Honor, the Mayor, in favor of the city of New Orleans in the sum of twenty thou- sand ($20,000) dollars, conditioned that the said per- sons or corporation shall not at anytime sell, transfer or dispose of this franchise to any persons or corpora- tion except for the purpose of organizing a company or corporation to carry into effect this resolution, and in any case of sale, disposition or transfer for any other J SLAUGHTERHOUSES. 993 purpose this resolution shall become null and void, and shall be of no force or effect, Art. 2642. That there shall be appointed by the Board inspector. ^^ of Health and confirmed by the City Council, a special inspector who shall be a veterinary surgeon, or a person skilled in the knowledge of the diseases of cattle, whose duty it shall be to inspect the carcasses and interior organs of all animals intended for food, and who shall have power to destroy and throw away any diseased or unhealthy meat unfit for food ; that the Board of Health, with the concurrent approval of the City Council, or either, shall have the right to remove said inspector for cause ; that said inspector shall receive a salary to be fixed by the City Council, and which shall not exceed the sum of one hundred dollars per month, to be paid monthly through the Treasurer of the city by the per- sons or corporation availing themselves of the privileges of this ordinance. It being well understood that this shall in no manner dispense with the inspection now provided by law. Art. 2643. That all pens, slaughterhouses, refrigera- construction, tors constructed and operated under this ordinance shall be constructed upon plans and specifications approved by the City Council and the Board of Health, and shall be supplied with all modern conveniences necessary to carry on the business contemplated, and to remove daily according to law all the offal, droppings and blood from slaughtered animals. Art. 2644. That there shall not be allowed within a , ^o''^ y^''^^, etc. radius of two thousand feet of said slaughterhouses and ^^^ refrigerators any establishment for rendering dead animals, or those known as boneyards. Art. 2645. That all ordinances or parts of ordinances Repealing cer- in conflict with the provisions of this ordinance, and nances. especially -' Ordinance No. 7336, A. 8., entitled an ordi- nance designating the places of slaughtering animals, intended for food in the parish of Orleans, under Article 248 of the Constitution." And Ordinance No. 1409, C. S., entitled ''an ordinance regulating the slaughtering of animals within the limits of the city of New Orleans, 994 SLAUGHTERHOUSES. *' And providing for the designation of the places for slaughtering the same," and repealing all pro- visions of Ordinance No. 7376, A. S., adopted October 13, 1881, and Ordinance No. 7437, A. S., adopted November 18, 1881, designating the territorial limits within which slaughtering could be done within the city of New Orleans. And Ordinance No. 2709, C. S., granting per- mission to Louis Barthet to reopen and operate a slaughterhouse under certain conditions within the city of New Orleans. And Ordinance No. 2911, C. S., granting per mission to any person or persons, etc., to erect slaughterhouses within certain limits. And Ordinance No. 3710, granting permission to the New Orleans Slaughterhouse and Live Stock Company, Limited, to erect and operate a slaugh- terhouse under certain conditions and restrictions, be and the same are hereby repealed, except in so far as this may affect any and all slaughterhouses now operated in this city under any ordinance, resolution or State law. people's slaughterhouse and refrigerating company. Permission. Art. 2646. (1) That the People's Slaughterhouse and c. s. ' Refrigerating Company of New Orleans are given au- thority and the right to erect, construct and maintain a wharf along the front of the property owned by said company in the Third Municipal District of the city of New Orleans, upon which they propose to establish an abattoir or slaughterhouse ; said wharf to extend from the levee into the river sufficient distance to permit the landing and discharge of vessels necessary for the con- duct and carrying on of their business ; said wharf to be constructed of material and upon plans to be approved by the City Surveyor The said wharf to be constructed . and maintained in safe condition by the said People's Slaughterhouse and Refrigerating Company, and to be repaired, if required, at any time upon notice from the City Surveyor. SLAUGHTERHOUSES. 995 Art. 2647. (2) That the said People's Slaughter- Bridge across ^ ' y-w 1 1 '^' P^t^'s street house and Refriereratiner Company of New Orleans be ib. '^ " 1 ^ Amended by authorized to erect and maintain a bridge extending Ord. No. 6184, from the crown of the levee in front of their premises Mar. 29, 1892, over and across North Peters street to their said prem- ises. The said bridge to be constructed of material and upon plans and specifications to be approved b}^ the City Surveyor, who shall have authority to determine the height of such bridge or way above the roadway on North Peters street, the character and location of any supports that may be necessary for such bridge or way, the width of the bridge not to exceed 34 feet, and to be so constructed and maintained as not to obstruct the free use of North Peters street as a highway or to inter- fere with the free passage of vehicles and travel on said street. Pipes. Art. 2648. (3) That the said People's Slaughterhouse c.%''^-^°'^"'' and Refrigerating Company, of New Orleans, are given license and authority to erect, lay and maintain pipes or mains extending from their premises across North Peters street to the Mississippi river, adequate in size to furnish an adequate supply of water for the purposes of the abattoir or slaughterhouse on said premises, and also for the discharge of all water that it may be necessary to discharge from said premises for drainage or other purposes. The said pipes to be laid at such depth under the surface of North Peters street, at the point of cross- ing, as shall be determined by the City Surveyor, pro- vided that said pipes shall not pass through the levee, but shall pass over the crown of the levee without cutting the levee; and provided further, that the said People's Slaughterhouse and Refrigerating Company shall re- store North Peters street to the same condition as it was before the excavation tor laying said pipes was made, and shall obtain the consent and permission to lay said pipes over the levee from the Board of Levee Commis- sioners having charge of levee and drainage for the par- ish of Orleans and the city of New Orleans. Art. 2649. (4) That this ordinance shall take eft'ect Take effect, from and after its passage and promulgation, and shall 996 SLAUGHTERHOUSES, continue in force while the said premises are used as an abattoir or slaughterhouse. Simon oes- Art, 2650. That permission be and the same is ^o^d. No. 7494, hereby granted Simon Oestarly to maintain and operate Apr. 2s, 189?. a slaughterhouse on the square bounded by Green, Seventh, Burdette and Washington streets, Seventh District, of New Orleans ; provided that no killing be allowed except for the consumption of said district, and all rules and regulations relative to the sanitary condi- tion of slaughterhouses be complied with. This privi- lege revocable at the pleasure of the Council. Decisions. Article 248 of the Constitution delegates to the city of New Orleans complete and exclusive police power inherent in the sovereign over the whole subject of slaughtering animals within the corporate limits, subject to no limitations except that imposed by the terms of the articles itself. The decision of the United States Supreme Court in the slaughterhouse cases shows that this police power is more than ample to cover the ordinances assailed in this case. The limitations imposed on the power by Art. 248 are three, viz.: 1. That no monopoly or exclusive privilege shall be granted. 2. That the business shall not be restricted to the lands and houses of any individual or corporation. 3. That the city's action must receive the approval of the Board of Health. Xothing in these ordinances make the grant to defendant monopolous or exclusive, or restricts the business to their lands or houses. The city retains the perfect right to permit other slaughterhouses within the limits designated or elsewhere. The unrestricted right to all persons to set up slaughter- houses within the limits designated would aggravate, rather than relieve, the injuries complained of by these plaintiffs. The function exercised by the Board of Health is not properly legislative. The board can not pass or amend the ordinance. It ean only say whether it approves or disapproves. The Constitution fixes no time or mode in which the approval shall be made. When the ordinance and the approval coexist, the constitutional requirement is satisfied. 44 An. 632. SMOKE NUISA^'CE AND SPARK ARRESTERS. 997 SMOKE NUISANCE AND SPARK ARRESTERS. Art. 2651. (1) That within thirty days from the pass- vessels, tug age of this ordinance, all harbor tugboats and other like ^ord.'No! 422s. crafts, and all vessels or steamships using donkey en- Amended by gines (where the smokestacks of the donkey engine do c. s. not enter the mainstacks of the vessel) plying within the city limits or lying at the wharves or levees, and all hoisting engines or other engines using forced draft with low chimneys, whether on shore or afloat ; also any donkey engine or any other engine near or contiguous to wharves where there is cotton, shall have spark ar- resters attached to their smokestacks in such manner as will arrest the emission of sparks. Art. 2652. (2) That within thirty days from the Railroads, passage of this ordinance it shall be unlawful for any Dec. g^issi/'' railroad locomotive to run within the limits of the city of New Orleans without having spark arresters attached to the smokestacks thereof. Art. 2653. (3) That after the promulgation of this storing cot ordinance it shall be unlawful for any person, indi- ib. vidually or representing any other person or company or corporation, to store cotton or other inflammable or combustible articles within fifty (50) feet of the rail- road tracks on the levee or open yards. Art. 2654. (4) That whoever violates the provisions penaitv. of this ordinance shall be fined a sum not less than five ^^' nor more than fifteen dollars for each and every offence, or be imprisoned not exceeding five days. Art. 2655. (5) That the Recorders of the Municipal Police Courts shall have jurisdiction to hear and enter- tain all violations of this ordinance occurring in their respective jurisdictions. Art. 2656. (6) That all ordinances or parts of ordi- Repealing nances in conflict with the provisions of this ordinance ^'*"®**- be and the same are hereby repealed, and that this ordi- nance take effect from and after its passage. Art. 2657. That the electric light companies having contracts with the city or other parties for light- Recorders. lb. 998 STABLES AND DAIRIES. ,„?.';^f'Vi="s^*'Mng the wharves, levees and streets where cotton or other companies. » ' ^ord. No. 2679, merchandise may be stored or handled be required to use such protectors, in the shape of baskets, as may ar- rest the fall of sparks and carbon from such light Penalty. Art. 2658. Any violation of the provisions of c. s." ' 'this resolution shall subject the offender to a fine of not more than twenty-five dollars or in default thereof to imprisonment in the parish prison not exceed- ing thirty days, to be imposed by the Recorder of the district in which the offence shall be committed, and every day during which there shall be a failure to com- ply with the requirements of this resolution shall be considered and taken to be a separate offence in the party so failing, and punished accordingly. Smoke con- Art. 2659. That no person or persons shall use bitu- suraers. ord. No. 9S68, mmous coal for the purpose of generating steam in Aug. 23, 1894. boilers in any building, unless the furnace in which said coal is burned is provided with some effectual de- vice for consuming its own smoke. Penalty. Art. 2660. That any violation of the provisions of ■ this ordinance and every person or firm, whether owner, occupant, tenant or contractor, who shall violate the provisions of this ordinance shall be liable to a penalty of not less than five dollars nor more than tw6nty-five dollars, recoverable before any court of competent jur- isdiction, and also a further fine of twenty-five dollars for each and every month, he, she or they shall refuse or neglect to comply with a written notice from the Commissioner of Police and Public Buildings, and in default of payment of said fine to be imprisoned not less than ten days and not more than thirty days for each offence. STABLES AND DAIRIES— See Combustibles. Art. 2661. That it shall not be lawful to erect within the following limits : Lower side of Lowerline street, from its junction with the Mississippi river to Burthe street : along both sides of Burthe street, through the Foucher STABLES AND DAIRIES. 999 property, to St. George street ; thence along the lower Limits, side of St. George street to Joseph street; thence along c.s.' °'* ^°' both sides of Joseph street to St. David street ; thence Xmladidhi along both sides of St. David street to Upperline street, c.i'.-, Sss^c' along lower side of Upperline street, between St. David and Dryades ; along both sides of Dryades street, be- tween Upperline and Felicity streets ; thence along lower side of Felicity, between Dryades and Liberty streets ; along both sides of Liberty, between Felicity and the New Canal ; along both sides of the New Canal, between Liberty and Galvez streets ; thence along the lower side of Galvez street, between the New Canal and Carondelet Canal ; thence along both sides of the Carondelet Canal, from Galvez to Broad streets ; thence along the lower side of Broad street, between the Carondelet Canal and Esplanade street ; thence along the north side of Es- planade street, between Broad and St. Claude streets ; thence along the south side of St. Claude street, between Esplanade and Independence streets ; thence along the west side of Independence street, between St. Claude street to the Mississippi river ; thence along the river front from Independence street to Lowerline street, aforesaid, any livery stable, or to convert any building already erected to that use, or to erect or occupy any stable or shed for the purpose of keeping more than two cows. Art. 2662. (2) That it shall not be lawful to erect or wuhin limits use a stable within the limits of the city of New Orleans within five feet of the sidewalk of any public street, alley or road, unless the line of the stable along the street, alley or road be a brick wall without openings thereon . Art. 2663. (3) That it shall not be lawful for any Permission of person or persons to build, or convert a building already °""*^' ' ib. erected to that purpose, or to make use of any stable for the accommodation of more than two horses or two cows without having first obtained a permission from the Council. Art. 2664. (4) That all slaughterhouses, dairies, sanitary con- stables and other places where animals are kept for any * ib. purpose whatever, shall be kept clean and wholesome by lb. 1000 STABLES AND DAIRIES. removal of all ordure, nrine and other offensive matters, and by suitable cleansing as often as may be necessary, under the rules and regulations established by the Board of Health. Penalty. Art. 2665. (5) Any person committing any of the ' offences, or violating any of the provisions of this ordinance shall be fined by the Recorder of the district in which the offence is committed not more than $25, and if the fine be not paid he shall be imprisoned in the parish prison for a term not exceeding thirty days. Additional Art. 2666. (6) In all cases in this ordinance where an offences, jj^ ^^t Or omissiou is declared unlawful, its continuance shall be deemed an additional offence, and the offender shall be subject to the penalties imposed by section 5 of this ordinance for ever}' day he shall continue to violate the provisions of this ordinance. Duty of Com- Art. 2667. (7) That it shall be the duty of the Com- Poii«and^Pub- missioner of Police and Public Buildings and the police icBuii injfs^^^^ report and denounce and arrest, and of the City Attorney to prosecute any and all persons charged with violations of this ordinance. Repealing cer- Art. 2668. (8) That Ordinance 3175, O. S., section 1 nancies? '■'^'' (Jewell's Digcst, p. 91. Art. 90), Ordinance 6022, A. S., "section 9 (Jewell's Digest, p. 91, Art. 93), Ordinances 3414 and 4359, C. S., as well as all other ordinances on the same subject matter as this ordinance, are repealed. Petition. Art. 2669. (9) That no petition for permission to c. s.''°' 'keep horses or cows will be considered by the Council ^'^' ' " * unless the persons applying specially state in their petition whether same are for private use or whether the said privilege is intended for the business of livery stable or dairy. Privileges re- Art. 2670. (10) That auy privilege already granted lb. to any person to keep animals for their personal use that is being used in other manner than was implied, be and the same are hereby repealed. Decisions. Ordinances must be general in their cliaracter 118 U. 356, 551. SEWERAGE. 1001 An ordinance which prohibits dairies within certain desio^nated limits, and gives the City Council the authority to grant permis- sion to carry them on within the prohibited limits, is not general in its operations among the class it is intended to affect and is therefore null and void. (Ord. Nos. 3414 and 3175, C. S.) 43 An. 496, 500. An ordinance of the Council prohibiting the stabling of more than two horses, excei)t by those obtaining permission of the Council, is unequal in its operation, and hence void, because re- pugnant to the Fourteenth Amendment of the Constitution of the United States. 47 An. 106. SEAMEN— See Vessels. SECURITY — See Bonds and Securities. SEWERAGE. Art. 2671. That the Mayor be and he is hereby Authority to authorized and directed to enter into a contract with ord. no. 6142, c s A. A. Woods and his associates for the establishment of Mar. 22, 1892. a sewerage system in the city of New Orleans, which contract shall embrace the following stipulations and such others as may be uecesssary and proper to carry them into effect; said contract to be prepared by the City Notary, under the supervision of the City Attorney, and submitted to this Council for approval before signa- ture. Art. 2G72. (1) That within six (6) months from the Transfer. passage of this ordinance the said A. A. Woods and his associates will, under the penalty of the nullity of this grant by the mere lapse of time, cause the same to be transferred to a corporation, organized in this city under the provisions of Act No. 125 of 1880, which corpora- tion shall provide in its charter for the assumption of this grant, on such terms as may be agreed upon by it and the said A. A. Woods and his associates. Art. 2673. (2) Giving the said A. A. Woods and his J 1 • • ^1 •-, ^ ^ Rights, etc. associates and his assigns, the said company so to be ib. organized, the right for fifty years from the date of the 1002 SEWERAGE. execution of said notarial contract to lay and maintain sewers and drains in the streets and tlirouo^h the public places of the city of New Orleans, and other places hereinafter named, at a depth in said streets of not less than four feet ; the house branches to be nowhere less than two feet below the surface, and proper house branches to be furnished in connection with each main sewer pipe in any street to the inside banquette line of each inhabited house, or through alleyways or other passages, to the rear lines of property, and also to a point within . premises where a house now exists, and connections may be made as hereinafter provided. Sewer pipes. Art. 2674. The sewer pipes so laid to be water-tight, and adapted to receive the fecal matter, household waste, slops, drainage from urinals, bath tubs and the like, but not storm water, which is intended to pass off, as now, by gutters and canals ; and each sewer to be Construction, fumishcd at the head with an automatic flush tank ; the system to be substantially similar to that which has been adopted and put in operation in Memphis, Tennessee, except so far as may be modified by mutual consent. Streets and Art. 2675. The said A. A. Woods and his associates, anque es. ^^ ^^^^ ^^^ assigus the compauy so to be organized, shall be bound to keep its street sewer pipes in good order and free from obstructions, and shall be bound to restore the streets and banquettes after laying or re- pairing pipes to their previous condition within a reasonable time ; and their neglect or refusal to do so after a notice from the Department of Improvements shall subject them to apenalt}^ of twenty-five ($25) dol- lars for each day and each place, after notice given, to be recovered as liquidated damages before any competent court. If such work or restoration be not commenced within twenty-four hours after notification from the Department of Public Works, the said work may be done by said department at the expense of the company, and further authorizing and requiring said company to lay in connection with said system of water-tight sewer pipes, a system of porous drainage tile pipes, such as are used for agricultural under-draining, for the purpose of SEWERAGE. 1003 under-draining the soil of streets and removing there- from the subsoil water, said drain tile pipes to be laid only in public places, and not on private premises, except at the request of and cost of the property holder for connections from his premises with said tile pipes. Art. 2676. (3) Providing that all sewerage pipes and Discharges, .subsoil drainage tiles shall terminate at some point or points to be hereafter located and agreed upon, into a receptacle or receptacles, in such a way as to give the same facilities of discharge as would exist if they dis- charged into a natural low outlet, the same to be pumped into the Mississippi river below low water mark; the said receptacle or receptacles to be kept pumped down to a proper low level. Art. 2677. (4) Providing, that the said A. A. Woods Pubiic buiid and his associates or his assigns, the said company soto*"^' be organized, shall receive into their said sewerage pipes, free of charge, the sewerage matter from all public buildings owned by the city and all charitable institu- Itions that are not self-sustaining, provided that said buildings are situated on the streets in which said sewer- age pipes shall be laid, in accordance with the pro- visions hereinafter set forth, and proper service pipes furnished by the city or other owners of such property. Art. 2678. (5) Providing, that the said company, so t( etc. o be organized, shall begin its operations in the terri-mentalid com' tory bounded by Louisiana avenue on the upper side, by ^ ^*'°"' ib, Enghien street on the lower side, by Claiborne street from Enghien street to the New Canal, by Rampart street from the New Canal to Washington avenue, and thence by Baronne on the west side, and by the Mississippi river on the east side ; that it shall commence its surveys within six months after the organization of said com- pany, and shall complete at least one-fifth of its work in said territory in each year thereafter for five years, pro- vided that no period during which said company shall be prevented from carrying on its operations by injunc- tion, overflow, order of the Board of Health, or epi- demic, shall be calculated as a portion of said period. Art. 2679. (6) Providing, that in consideration of the 1004 SEWERAGE. Not to adopt laying: of the said porous drainage tile sewerage jiipes, tern. and the extension of sewerage facilities to said public ' buildings free of charge, and in consideration of the pub- lic health and convenience and the great expense which will be incurred, and the risk taken in the building of said system, and in consideration of the right vested by this agreement in the city to purchase the said works, the city of New Orleans binds itself not to adopt any other system of sewerage during the existence of this grant in the territory above named, and that the city will at all times, by a proper exercise of its police pow- prlperty.° ^ ^ '^ ' ers and other powers, protect the pipes and other prop- erty of the company from destruction and injury, and will, by every lawful means, promote and enforce the adoption and proper use of the system herein provided, and will at all times, during the term of said contract, provide and enforce the provisions and prohibitions con- tained in the second section of this ordinance, or their equivalent, with diligence and good faith. Extensions. Art. 2680. (7) The said company, so to be organized, ' shall, after the completion of its works in the said ter- ritory, extend the same at the same annual ratio in the other parts of the city on the left bank of the river, wherever the inhabited houses are not more than fifty feet apart, but it shall not be com- pelled to pass an interval of more than fifty feet on either side of the street to drain a closely built area be- yond; and the said companv so to be organized may, at its option, extend its lines anywhere within the pres- ent limits of the city. It shall not be compelled to accept or to furnish an outlet for any drain or sewer not of its own construction, nor unless the fixtures used in the houses shall have been approved -by it, its approval, or refusal to approve, being subject to the sanction of the State Board of Health, whose decision shall be final, as to safe and proper construction ; nor to accept any connection with any property until its owner shall have executed the contract contemplatecJ by section 2 of Act No. 125 of 1880, providing for se- curing the proper compensation to the company by priv- ilege and servitude. SEWERAGE. 1005 Art. 2681. (8) Providing that the said company, so charges. to be organized, shall not charge for the facilities fur- nished to any house for sewerage in excess of the fol- lowing sums : For dwelling houses not exceeding four rooms, for all connections, per mouth, 85 cents. For dwelling houses having five or more rooms, but not exceeding eight rooms, for all connections, per month, $1.20. For dwelling houses having nine or more rooms, but not exceeding thirteen rooms, for all connections, per month, $1.60. For dwelling houses having fourteen or more rooms, but not more than sixteen rooms, for all connections, per month, $1.85. For dwelling houses having seventeen or more rooms, but not more than twenty rooms, per month, $2. For store and office buildings of four or more stories, for all water closet connections, per month, $1. For each additional connection, 30 cents. For store and office buildings of three stories, for all water connections, per month, 85 cents. For each addi- tional connection, 30 cents. For store and office buildings of two stories, for all water closet connections, per month, 70 cents. For each additional connection, 30 cents. For store and office buildings of one story, for all water connections, per month, 50 cents. For each addi- tional connection, 25 cents. Stores not exceeding two stories in height, occupied by the family of the dealer, may be considered as dwell- ing houses. Stores and office buildings having more than thirty feet front, or more than one hundred and twenty feet depth, may be charged sums proportionately greater. Houses exceeding twenty rooms, hotels, factories, stables, warehouses, cotton presses and similar build- ings to be charged pro rata rates to be fixed by agree- ment, and in case of dispute, by arbitration. These rates are to be due and payable in advance for each calendar month. lb. 1006 SEWERAGE. Connections. If payment thereof be made on or before the last day of the month, for which so due, the company to grant a discount or rebate of not less than twenty per centum, and for the balance give a receipt in full. If the dues are paid annually in advance the discount shall be thirty per centum. Whenever the said company shall lay its s sewer pipes at its expense, from the inside banquette line to the place within the premises where the house connections are received, the proprietor may pay for the same the actual cost, either at once or in such instal- ments as may be agreed on, or in lieu of such payment, eight per cent, per annum on the cost of such pipes and drains may be added by the company to the charges for furnishing sewerage and drainage facilities to the build- ing as hereinbefore or hereinafter fixed. Dweiiings.^^ Said company shall further agree in the said contract to make an annual rate for dwelling houses, which, if paid strictly in advance at the office of the company, shall not exceed, exclusive of such charges and instal- ments, or percentage for service pipes, the following sums: For dwelling houses not exceeding four rooms, for all connections of every kind, per annum, in advance, six dollars. For dwelling houses having five or more, but not ex- ceeding eight rooms, for all connections of every kind, in advance, nine dollars. For dwelling houses having nine or more, but not exceeding thirteen rooms, for all connections of every kind, per annum, in advance, thirteen dollars. For dwelling houses having fourteen rooms or more, but not exceeding sixteen rooms, for all connections of every kind, per annum, in advance, sixteen dollars. For dwelling houses having seventeen rooms or more, but not exceeding twenty rooms, for all connections, per annum in advance, seventeen dollars. But said company shall not be required to receive intoj its pipes or drains any storm water or surface water, Said rates shall be payable in all cases by the ownej of the property in the absence of agreement to the coi SEWERAGE. 1007 trarv between the owner and tenant, but the owner shall, Owner re- " „ .11 sponsible. in case of any agreement with the tenant as to the pay- ib. ment of the said rates, be primarily responsible to the company for said payment. Art. 2682. (9) The city to have the privilege at any Right of city time, after twenty years from the execution of this con- ib. tract, to buy the whole of the company's works and plant for cash, or its equivalent, at the cost of said works, plus the addition of twenty-five per cent, to said cost ; and, in case the city shall at any time violate par- agraph sixth of this section, she shall as liquidated damages for such violation be compelled to buy said works and plant at said agreed price. Art. 2683. (10) The said company shall, before it Bond, begins operations under this grant, give a bond in the penal sum of fifty thousand dollars, conditioned as the law directs, for the faithful performance of the work called for by this grant. Art. 2684. (11) That all separate sewerage services separate ex- now in existence in the city of New Orleans shall be i^o "ife ^ducon^ discontinued, and connection made from the premises *'""^'^- ^^ where they are now established with the system hereby established, as soon as the same is completed, in the street or streets in or near which such drains exist. Art. 2685. (12) That all excavations to be made by Excavations, said company, so to be organized, shall be with the ap- proval as to time by the State Board of Health, and that all controversies between the Gas and Waterworks Company and said company so to be organized relative to the location and arrangement of their various pipes in the streets shall be sub;)ect to the control of the City Engineer, who shall in all such cases direct what changes and modifications each company shall submit to ; and each company shall conform its pipes and mains to the directions laid down by the City Engineer at its own cost and expense. Art. 2686. (2) That the following police regula- PoUce regn- tions for the purpose of promoting the health, comfort '''''°"^' ib. and convenience of the inhabitants of the city of New Orleans with respect to the works of said company, so Unlawful t < use other sys tem, when. lb 1008 SEWERAGE. to be organized, and the system of sewerage to be con- structed by it, which said system is hereby adopted, and to protect and enforce said system, are hereby en- acted and established : obsYrua''ir\n° 1' It shall bc unlawful for any person to obstruct or jure P'pes, etc. — jjj.g ^j^^ pipcs, draius, works or machinery of the said company. Unlawful to 2. It shall be unlawful for any person to drop or drop or throw . . substances i n throw luto any smk, water closet, bath tub, vessel or pipes, etc. ^ . *, • i , . » • lb. drain connected with the pipes of said company any substances which may obstruct or injure the same, or to use the said pipes to carry off storm water or any natural surface drainage. 3. Whenever in any street or part of a street in said city the said company shall have laid its said sewer pipe, and shall be ready to receive therein sewerage matter from the houses and public buildings on said street or part of a street, and to remove the same according to the system provided in this ordinance, and notice there- of shall have been given to the occupant of said build- ing, or by advertisement in the official journal of the city, then and from thenceforth it shall be unlawful for any privy, water closet, slop sink, slop drain, urinal, or any other similar receptacle for sewerage matter or slops of any kind to be maintained on said premises except in connection with said sewerage pipes of the said system of sewerage hereby adopted during the said term of fifty years. Such connections shall be made without delay ; and all vaults, sinks, cesspools, drains and similar re- ceptacles theretofore existing, shall be properly emptied, disinfected and filled up with dry earth, river sand or similar substance, in such manner as [the public health may require. Unlawful t o And whcu in any street said sewerage facilities shall pr VI s.^^ jjaye been provided as aforesaid by said company, it shall be unlawful from thenceforth to build any privy vault on any property abutting on such street, or to let or occupy any house on said street without proper water closet and slop sink arrangement for connection with said sewers ; or to build on said street any house or d SEWERAGE. 100^' building without proper water closet and slop sink ar- rangements, and service pipes for connection with such sewers, during the term for which said system is hereby adopted. Art. 2G87. And any person committing any of thep^j^^j^ offences, or violating any of the provisions of this section, whether owner, agent of absent owner, lessee or other person, shall be fined in a sum not less than five nor more than twenty-five dollars ; and if the said fine be not paid, shall be imprisoned for not less than five nor more than thirty days. Art. 2688. And each persistence in the violation of ^ '^ Separate of- the provisions of the third paragraph of this section, fences, for the space of twenty-four hours after notice, shall constitute a separate offence and violation of this or- dinance, and shall be punished by another similar fine and imprisonment, and no punishment for one violation of this ordinance shall bar or prevent prosecution for another violation as herein defined. Art. 2689. (3) That all ordinances and parts of ordinances in conflict with the provisions of this ordi-cii^le^^*''"^ nance be and the same are hereby repealed. ^^' Whereas, A. A. Woods and his associates, grantees and contractors, under Ordinance No. 6142, C. S., have, as provided in said ordinance and said contract, organ- ized a company known as the New Orleans Sewerage Company, for the purpose of constructing and main- taining a system of sewerage for the city of New Orleans, under said ordinance, of the organization of which company notice has been formally given to this Council, and. Whereas, Said New Orleans Sewerage Company has prepared and presented to this Council plans and specifications for the construction of a system of sewerage for the said city of New Orleans, substantially in com- pliance with the provisions of said ordinance, but con- taining some modifications and departures as detailed in said plans and specifications, from the exact language of said ordinance and the contract thereunder made before J. D. Taylor, notary public, on the 19th day of Sep- tember, 1892. 1010 SEWERAGE. Whereas, The said plans and specifications have been heretofore presented to the Louisiana State Board of Health and have received the full approval of the said Board ; pi^n^ and Ipl '^^^- ^^^^ ' ( ^ ) ^liat the general system of sewerage set N^fw^cTrilans^^''^^ ^^ ^^^^ plans aud specifications be and the same is Sewerage Com- hereby adopted, ratified and approved, as the system of ^ord. No. 786r, scwcragc to bc constructcd, maintained and operated in Aug. 1,1893. the city of New Orleans under the said Ordinance No. 6142, C. S., and under the contract as aforesaid made and entered into under said ordinance, and that all of the variations, changes and departures expressed and set forth in said plans and specifications from the lan- guage and terms of the said ordinance, and the said con- tract are hereby also adopted, approved and ratified and are hereby declared to be modifications of the said system provided for in sub-ordinance, made by mutual consent between the city of New Orleans and the said New Orleans Sewerage Company, as provided in said ordinance. ■cl'^h^ mTot ^RT. 2691. (2) That said plans and specifications and City En- shall bc attcstcd bv the signatures of the Mayor and lb. City Engineer, and shall be deposited and preserved in the archives of the city of New Orleans. Bond. ^^^ Art, 2692. (3) That in accordance with the provi-, sions of paragraph 10, section ] of said Ordinance Noj 6142, C.'S., the said company shall have the right tc begin construction of the said sewerage system under the plans and* specifications aforesaid, as soon as thei have furnished the city of New Orleans a bond in the penal sum of $50,000, conditioned as the law directs foi the faithful performance of the work called for, with| sureties satisfactory to the Mayor, Extension of Art. 2693. That an extension of two additional years ■time. "^ Ord. No. 8627, be and the same is hereby granted to the New Orleans Jan. 23, 1894. Sewerage Company, the assignee of A. A. Woods am his associates under Ordinance No. 6142, Council Series^ within which to begin and to complete the sewerage system provided for in the said ordinance and the con- tract made in pursuance thereto. STEAM ENGINES AND BOILERS. 1011 SHELL ROADS— See Canals, Etc. STEAM ENGINES AND BOILERS. Art. 2694. That it shall not be lawful to erect or estab- lish within the city limits any forge, foundry or steam engine without special permission of the City Council. Art. 2695. (2) All buildings for forges and foun- dries must be constructed of brick or other incombust- ible materials within the fire limits. Art. 269C. (3) All petitions for permission to erect any blacksmith shop, forge or steam engine shall be ac- companied with the written consent of a majority of the property owners by the foot frontage within a radius of 300 feet of the place where permission is asked to erect such blacksmith shop, forge or steam engine. Art. 2697. (4) Whoever shall violate the provisions of this ordinance shall be subject to a fine not to exceed twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to ex- ceed thirty days in default of the payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed, provided that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days; provided further, that each day any blacksmith shop, forge, foundry, or steam engine shall be operated in contravention of this ordinance it shall be deemed a separate offence. Art. 2698. (5) That Ordinances Nos. 3176, O. S., ").")81, O. S., and 5612, C. S., be and the same are hereby repealed. Art. 2699. That on and after the passage of this ordinance all parties requiring steam plants having a capacity of over ten horse-power (10 H. P.) shall ])r()vi(le such plant with the necessary appliances to properly consume the smoke from said plant, the appli- ance adopted to be such as will consume not less than seventy-five per centum (75 per cent.) of the smoke. Permission. Ord. No. 5884, C. S. Dec. 2g, 1891. Construction, lb. Repealing cer- t a i n o r d i - nances. lb. Smoke con- sumerR. Ord. No. 11,406. C. S. Oct."i, 1895. 1012 STEAM ENGINES AND BOILERS. Existing steam Art. 2700. That all steam plants now existing shalL plant to com- .,, . . ^ n ^ ply with ordi- within SIX months after the passasre of this ordinance, nance. -, j^ -, „ , lb. proceed to make arrangements for the necessary appli- ance to consume not less than seventy-five per centum (75 percent.) of the smoke, and they shall have the appliance in complete working order within twelve months after the passage of this ordinance. Duty of City Art. 2701. That, immediately on the passage of this lb. ordinance, the City Engineer shall notify, in writing, all steam plants now in operation of the provisions of this ordinance, and shall take the necessary steps to enforce same. All appliances which are adopted for the con- sumption of smoke to be such as will be approved by the City Engineer. Penalty. ^^ Art. 2702. That any parties now operating steam plants requiring a smoke consumer to conform to this ordinance, and who shall not place same within one year after the passage of this ordinance, shall be subject to a fine of twenty-five dollars ($25) for each and every day that said plant is operated thereafter, without the appliance ; said fine to be recoverable before any court of competent jurisdiction. ciS>se!'^*^'"^ Art. 2703. That any and all ordinances, or parts of ^^- ordinances, in conflict with the provisions of this ordi- nance be and the same are hereby repealed. PRIVILEGES. Ord. 2726. Arabian Disinfectant Company, 31 Bienville street. February 1, 1888. Ord. 2772. Adams, O., 3 Carroll street, February 1, 1888. Ord. 2981. Adams, Chas. H., 82-84 South Peters street, June 4 1888 Ord. 3009. Arny.'wni.", 19 Canal street, June 21. 1888. Ord. 3477. American White Lead Company, Tchoupitoulas. between Jackson and Philip, January 15. 1889. Ord. 4307. Adolph, L. J. (2 H. P.), 221 St. Peters street, Feb- ruary 24. 1890. Ord. 4450. American Manufacturing Company (25 H. P.). Howard and Julia street. April 26, 1890. Ord. 4892. Altar, S. P., 104, 106 Magazine street, December 2, 1890. Ord. 6018. Algiers Ice Company (200 H. P.). Pacilic, Elmira Thayer and Peters. February 4. 1892. Ord. 7217. American Bottling Company. 84 Bienville street, February 17. 1892. STEAM ENGINES AND BOILERS. 1013 Ord. 8075. Adams. Frank (6 H. P.). 39 Chartres street, Sep- tember 27, 1893. Ord. 8386. Ashman & Huddj^ (steam carousal), St. Charles avenue, opposite Audubon Park. Decembers, 1893. Ord. 8480. Ashman, Mrs.. & Huddy (steam carousal). Frqu- hart and Enghien, December 21, 1893. Ord. 9644. American Can Stamping Company. Ltd. (50 H. P.). 27 to 35 Elvsian Fields stVeet. September 7, 1894. Ord. 9662. Algiers Democrat Publishing Company (3>^ H. P.), Patterson and Seguin, Fifth District, Septem- ber 7, 1894. Ord. 10,425. American Manufacturing Company, Louisiana avenue and Saratoga street, March 13, 1895. Ord. 10,022. Arctic Refrigerating Company, Louisiana ave- nue, Drvades, Baronne and Toledano, Decem- ber 3. 1894. Ord. 11,120. Alden Knitting Mills (30 H. P.), square bounded by Marigny. Decatur, Mandeville and Char- tres streets. August 6. 1895. Ord. 11.506. Arnv, L. C (5 H. P.), 513 South Peters street. October 22, 1895. Ord. 2907. Bryan, Miles, Julia. Xotre Dame. Water and Delta streets. April 6, 1888. Ord. 2923. Belden, Holden. 291, 293 Camp street, May 7, 1888. Ord. 3160. Brude, Albert E. (6 H. P.). 74, 76 St. Joseph street, August 18, 1888. Ord. 3223. Brudas, M (1 H. P.), Ursulines and Bourbon streets, October 2, 1888. Ord. 3257. Baldwin, Albert & Co., Limited (25 H. P.), 115, 117 Magazine street, October 13, 1888. Ord. 3886. Baldwin, Albert & Co., Limited (30 H. P.), Erato and Tchoupitoulas streets, August 3, 1889. Ord. 4096. Banner Pickle Companv (8 H. P.), 144, 146 Contl street, Xovember 13, 1889. Ord. 4449. Busch, Hv. (15 H. P.), 246 Common street, April 25, 1890. Ord. 4793. Baumgartner & Humpf (5 H. P.). Hagan avenue, between Bienville and Conti streets, October 10, 1890. Ord. 4813. Barkley. John & Co.. St. Joseph, between Commerce and Peters. October 31. 1890. Ord. 5259. Brown. L. W.. squares 8. 9, J3. 14, 15. 16. 23, 24. 25, 26, 33 and 34, bounded by the Mississippi river, Oliver, Broadway and Lovverline streets, April 28. 1891. Ord. 5934. Berry, L. and associates (15 H. P.), 253 St. Charles street, January 14, 1892. Ord. 6264. Brakenridge Lumber Company, Rocheblave. Miro and Venus streets and New Levee road, April 16. 1892. Ord. 6344. Bernard. Francis X.. 9 Annunciation street, May 18, 1892. Ord. 6498. Buffalo Steam Dyeing Company (6 H. P.). 269 Chartres street, July 8, 1892. Ord. 8074. Boland & Geschwind (15 H. P.). 22. 24 Toulouse street, September 27, 1893. Ord. 9319. Boudraux, J. E. (12 H. P.), 97, 99 Julia street, June 7, 189L I 1014 STEAM ENGINES AND BOILERS, Ord. 10,000. Bowers, F., & A. Weingarten. Props. Louisiana Glass and Mirror Works (10 H. P.), Novem- ber 24. 1894. Ord. 10,144. Bierhorst, George F. (4 H. P.), X. Peters, between Fort and St. Ferdinand streets, January 2. 1895. Ord. 10,230. Barque Bros., Tonti and Laharpe streets, January 24, 1895. Ord. 2821. Capdau. Uutil, 225 Decatur street, March 3, 1888. Ord. 2883. Crescent City Moss Ginnery (15 H. P.), to remove from Tchoupitoulas to Richard and Annuncia- tion streets, March 18, 1888. Ord. 3018. Curde, John, northwest corner Louisiana avenue and Chippewa street. June 27, 1888. Ord. 3083. Conway & Carter. 138 Julia street. July 20, 1888. Ord. 3154. Crescent City Brewery Company (300 H. P.), Canal and Claiborne streets. August 11, 1888. Ord. 3296. Carey, Robert J2 H. P.), Tchoupitoulas. between Julia and St. Joseph streets, November 1, 1888. Ord. 3437. Commercial Soap. Candle and Starch Manufacturing Company, Limited (40 H. P.), Peters and Delaronde, Forstall and Lizarde, December 26. 1888. Ord. 3510. Coleman, L. S. & Son (80 H. P.), Clio and Liberty streets, January 30, 1889. Ord. 4686. Cameron & Castles, 60-66 Tchoupitoulas street, August 27, 1890. Ord. 4843. Commercial Cooperage Company. Carondelet Walk and Miro street. November 10, 1890. Ord. 5031. Cogswell. F. R. (75 H. P.). 89 North Peters street, January 15, 1891. Ord. 5100. Cypress Moss Hair Company (25 H. P.), in building Atlantic Cotton Press, February 6, 1891 . Ord. 5135. Crescent City Ice Cqmpany, Decatur, between Elysian Fields and Marigny streets, March 2, 1891. Ord. 5358. Carbolineum Wood and Preserving Company (15 H. P.). New Basin, between Johnson and Galvez streets, June 5, 1891. Ord. 5359. Commercial Cooperage Company (70 H. P.), Car- ondelet Walk, between Galvez and Miro streets, June 5, 1891. Ord. 5510. Coleman, H. D., Machinery Company, to remove to. Clara, Willow, Clio and Erato streets, August 6. 1891. Ord. 6177. Consumers' Seltzer and Mineral Water Company (50 H. P.). 132 and 134 North Rampart street, March 30, 1892. Ord. 6405. Chalmette Steam Laundry, to Magazine and Lafay- ette streets. June 4, 1892. Ord. 6921. Cline, Jacob (6 H. P.), Laharpe, between Villere and Robertson streets, November 11, 1892. Ord. 7158. Chalmette Steam Laundry Company, Foucher and Lafayette streets. February 2. 1893. Ord. 7390. Coakley, Jas., Steam Laundry, Lafayette and Com- merce streets. April 5, 1893. Ord. 7460. Conrad, Jas., Josephine and Magazine street, April 21. 1893. Ord. 7587. Carbolineum Wood Preserving and Manufacturing Company. Limited, to increase steam power, Johnson and Galvez streets, May 19, 1893. STEAM ENGINES AND BOILERS. 1015- Ord. 8123. Century Cotton Company, iSt. James and Keligious, streets. October 5, 1893. Ord. 8345. Carre, W. W.. Xew Basin Shellroad, Clark, Hagan and Washington avenue, November 24. 1893. Ord. 8838. Creole Coffee Companv (40 H. P.\ 117 S. Peters street, March 19, 1894. Ord. 8915. City Lumber Company (.50 H. P.), .Julia, between Dolhonde and Broad streets, March 31, 1894. Ord. 9012. Cassagne & Eva (6 H. P.), Washington, between Galvez and Johnson streets, April 19, 1894. Ord. 9152. Crescent City Ice Company, Antoine and Tchoupi- toulas streets. May 11, 1894. Ord. 9805. Clarke, J. J. (8 H. P.), Julia and Liberty, October 10, 1894. Ord. 9846. City Item Co-operative Printing Company, 72 Camp street, October 18, 1894. Ord. 10,061. Caddin, E. D. & Co. (4 H. P.), 4 Washington avenue, December 9, 1894. Ord. 2940. Dorsey, Bernard, removed from 136)^ Chartres to 101 Royal street. May 15, 1888. Ord. 2959. Dodt & Gilbert, Montegut, between Marais and Urquhart streets. May 28, 1888. Old. 3171. Dufour. Francis, removed from 229 Chartres to 280 Bourbon street, September 8, 1888. .Ord. 3663. D'Auberteuil, A. J. (1 H. P.), 138 Chartres street, April 5, 1889. Ord. 3789. Delavigne, A.. Jordan, between Peters and Royal streets. May 31, 1889. Ord. 4111. Dietmann, T. H. (20 H. P.), 29 and 31 Tchoupi- toulas street, Xovember 19, 1889. Ord. 4840. Dupuy, J. F., banks of Bayou St. John, beyond Bayou Bridge. November 10, 1890. Ord. 5469. Daniels, A. S. (15 H. P.), Patterson and Bartholo- mew streets. Fifth District, July 18, 1891. Ord. 5965. Durieu, Charles (500 H. P.), Gentilly Road and People's Canal, January 21, 1892. Ord. 6053. Dorfer & Sturm. 82 Baronne street, February 15, 1892. Ord. 6727. Dupuis Refining and Manufacturing Company, Up- perline, between Robert street and Mis,sissippi river, September 21, 1892. (^rd. 7219. Dullirt, M. T., Elizardi and North Peters streets, February 17, 1893. Ord. 7242. Orleans Manufacturing and Lumber Company (extra pumps), Julia and Cypress streets, March 1, 1893. Ord. 7512. Dupuis, A., St. Peter and Orleans streets. May 4, 1893. Ord. 10.719. Davidson, G. W. & Co (10 H. P.), 447 and 449 S. Peter street. May 17, 1895. Ord. 11,173. Dodt & Co. (150 H. P. engine and boiler, instead of 25 H. P.), in square bounded by Montegut, Marais, Feliciana and Urquhart streets, August 27, 1895. Ord. 11.36?. Davidson, G. W. & Co. (one added boiler and en- gine), 347. 349 and 361 South Peters street, September 24, 1895. Ord. 2772. Estava, Dalman. 56 South Peters street, February 21, 1888. 1016 STEAM ENGINES AND BOILERS. Ord. 3238. Excelsior Canning and Packing Company (6 H. P.), 118, 120, 122 North Basin street. October 4, 1888. Ord. 3436. Erath, Chas. G. (7 H. P.). Kerlerec and Villere streets. December 22, 1888. Ord. 4206. Edwards & Haubtman (15 H. P.), 70 and 72 Soutli Front street. January 9, 1890. Ord. 6146. Ellis; Ed. D. (50 H. P.), 232 Gravier street, March 25, 1892. Ord. 6343. Eaton, Hy., Hampton street, between Madison and Dublin, May 18. 1892. Ord. 7352. Ernst & Co., Magazine and Julia streets, March 30. 1893. Ord. 3087. Frank, Chas.. Pleasant and Annunciation streets, July 23, 1888. Ord. 3222. Fabacher, Law. (4 H. P.), 104 Customhouse street. October 2, 1888. Ord. 3272. Fallen, Martin (2 H. P.), Sixth and Fulton streets, October 19, 1888, Ord, 3752, Flash, Preston & Co. (25 H, P.). Girodand Foucher streets. May 22, 1889. Ord. 3812. Fernandez. E. (6 H, P.), 299 Dumaine street. June 9, 1889. Ord. 4110. Frederico, Francisco (4 H. P.), 29 St, Philip street, November 19, 1889. Ord, 5034, Frye & Son, Wm. (60 H. P.), Tchoupitoulas street. between Leontine and Valmont, January 31 . 1891. Ord. 5924. Fransonnier. Jules (3 H, P.), 144 Dauphine street, January 9. 1892. Ord. 7091. Fredericks, J. H. (5 H. P.), Louisiana ayenue, be- st. Denis and St. Patrick streets, January 11. 1893. Ord. 7897. Foschler & Sauer (20 H. P.), 43 Montegut street, August 3, 1893. Ord. 8914. Farmers' Consolidated Dairy Company, Limited. 392 St. > harles ayenue,' March 31. 1894, Ord. 2959. Gilbert & Dodt, Montegut, between Marais and Urquhart streets. May 28, 1888. Ord. 3724. Gulf Wire Mill Company (25 H. P.). St. Joseph and 5. Peters streets. Slay 9, 1889. Ord. 4432. Good Intent Dry Dock, foot of Seguin street, April 19, 1890. Ord. 5413, Gamier, Emile (25 H. P.). Robertson, below St. Bernard and Annette streets, July 8, 1891. Ord. 6499. Graham, L. & Son, 44 and 46 Baronne street, July 8, 1892. Ord. 7353. Godchaux, Leon (40 H. P.), Canal and Chartres streets. March 30, 1893. Ord. 7749, Grunewald, Louis (40 H. P.), Baronne and Canal streets. June 28, 1893. Ord, 7828. Guetegsett, A.. Fourth, between Claiborne and Clara streets, July 28. 1893. Ord. 8137. Ghisalbedi, J. B. (6 H. P.), Louisiana ayenue and Dryades street, October 7, 1893. Ord. 8577. Goodspeed & Stauffer (50 H. P.), 171 and 175 Girod street, January 12. 1894. ■Ord. 9051. Glass, Vandegriff (4 H. P.),.197 Camp street, April 31, 1894, STEAM ENGINES AND BOILERS 1017 Ord. 915U. Grundy & Flannigan (6 H. P.), Clara, between Cal- liope and Howard streets, May 11. 1894. Ord. 9347. Guettgatt, A. (4 H. P.), Washington, below Willow and Claiborne streets, July 5, 1894. Ord. 10,309. Giepart. Wm. (4 H. P.), Eliza, between Bouny and Seguin streets. February 12. 1895. Ord. 10,873. Garliek J.. Lafayette, between Carondelet and Baronne streets, June 12, 1895. Ord. 10,894. Gillen. Luke (5 H. P.). Seguin and Eliza streets, Fifth District, June 21, 1895. Ord. 3143. Ilaubtmann, Leon (27 H. P.), Washington, Howard, Franklin and Sixth streets, Aug. 10, 1888. Ord. 3271. Harknev, D. A. (60 H. P.), Julia, between Howard and Freret streets, October 19, 1888. Ord. 3763. Haspel & Davis (100 H. P.), 47 and 49 N. Peters street, May 24. 1889. Ord. 4087. Hasam & Athens (50 H. P.). in premises occupied bv D. A. Harknev as planing mill, November 9 I 1889. Ord. 4406. Hoffmann, Jno. (2 H. P.), Washington and Mag- nolia streets. April 5, 1890. Ord. 3815. Hirseh, Philip, 33 and 34 X. Front street, Oct. 31, 1890. Ord. 5138. Hope, Ben. W. (50 H. P.), 60 Lafayette street, March 3, 1891. Ord. 5386. Hoechstetter. Mrs. C. (6 H. P.). 146 Camp street, June 16, 1891. Ord. 5562. Harrison, Geo. M. (30 H. P.), 93 and 95 Notre Dame street, August 31, 1891. Ord. 5773. Hardonin, J. (6 H. P.). 178 Lapeyrouse street, November 21, 1891. Ord. 5783. Hinze, Fred. & F. J. Hagsbette. 24 Girod street, November 24. 1891 . Ord. 5953. Harkney, D, & Associates (200 H. P.), Delord, between Rampart and Dryades streets, Jan- uary 16, 1892. Ord. 6497. Holden& Berry, 342 St. Charles street, July 8, 1892. Ord. 7398. Henderson, Wm.. Julia, S. Peters, Notre Dame and Commerce streets, April 5, 1893. Ord. 8078. Hirseh, Philip (10 H. P.), 97 Decatur street, Sep- tember 27, 1893. Ord. 9045. Haller, H. Co.. Ltd.. Orange and Constance streets, April 30, 1894. Ord. 9904. Hohsman, H. J. (4 H. P.), 121 Tchoupitoulas street, November 2, 1894, Ord. 10,368. Hirn, Jos. 112 Royal street, February 20, 1895. Ord. 10,660. Heres, Jacinto (30 H. P.), 333, 335 Girod street, May 7, 1895. Ord. 11,076. Herrmann & Lanata, Genois and Palmyra streets, August 1, 1895. Ord. 11,170. Hart, E. J. & Co., boiler and engine, square bounded by Poydras, Lafayette, Tchoupitoulas and Constance streets, August 27, 1895. Ord. 11.550. Harris Bros., boiler and engine, 526, 533 Front street. November 5, 1895. Ord. 6629. Irby, W. R. Co., Ltd., South Peters and Gravier streets, September 1, 1892. Ord. 4844. Jackson Brewing Company, Clay and Jefferson, Old Levee and St. Peter streets, November 10, 1890. 1018 STEAM ENGINES AND BOILERS. Ord. 6962. Johnson & Crozier, South Basin and First streets. Novemb«r30, 1892. Ord. 7434. Jahneke, Fritz, to operate steam crusher at such localities as may be necessary. April 14, 1893. Ord. 10,683. Jacob & Mackel (10 H. P.), Carondelet Walk and Rendon streets, April 9, 1895. Ord. 11,520. Jackson Steam Laundry, Fourth and Waters streets, October 29, 1895. Ord. 2584. Killeen. Thos., Liberty, between Julia and Girod streets, November 18, 1887. Ord. 2681. Klapper, W. T., 14 Soraparu street. December 25. 1887. Ord. 3159. Keavney, Buckley & Co. (3 H. P.), 69 to 73 S. Liberty street. August 10, 1888. Ord. 3253. Kassel, Philip (8 H. P.), Dryades and Delord streets. October 13. 1888. Ord. 3511. Keff, Frederick (8 H. P.), Pauline, between Char- tres and Royal streets, January 30. 1889. Ord. 4282. Krantz. John J. and others, 69 to 75 S. Front street. January 31. 1890. Ord. 4305, Klein, Jacob (4 H. P.), Bourbon and Orleans streets, February 24, 1890. Ord. 4687. Keff, Francis, Peters, Jeanny, Pauline and Chartres streets. August 27. 1890. Ord. 5772. Keith, Peter (6 H. P.). Terpsichore, Front, Tchoupi- toulas and Robin streets, Xovember 21. 1891. Ord. 7432. Kern Cofiin Company, Limited, 93 to 104 Fulton street, April 14, 1893. Ord. 8582, Keiffer Bros. (30 H. P.), 98 Canal street, January 12, 1894. Ord. 8681. Kaiser, John S. (6 H. P.), Octavia, between Coli- seum and Chestnut streets. February 1. 1894. Ord. 8837. Kellar, A. 6. (20 H. P.), Valence and Tchoupitou- las, March 19, 1894. Ord. 10.225. Kellett, Geo. (2 H. P.) 407 Burgundy street. Jan- uary 24, 1895. Ord. 10,744. Kearney, J. Watts & Son (25 H. P.), Poeyfarre. between Foucher and Annunciation, May 21. 1895. Ord. 10,987. Kelly & Grady (25 H. P.), 1133 Front street. July 9, 1895. Ord. 2584. Lyons, I. L., Camp and Common streets. Xovember 18, 1887. Ord. 3017. Lyons, I. L., Camp and Gravier streets, June 26,. 1888. Ord. 3151. Landry, Wilfred (4 H. P.), Soniat and Jersey streets, August 10, 1888. Ord. 3155. Lafayette Brewing Company (200 H. P,), Tchoupi- toulas, Xinth, Harmony streets and river, Au- gust 13, 1888. Ord. 3224. Lucas, Narcisse A. (4 H. P.), Press and Morales streets, October 2, 1888. Ord. 4003. Louisiana Sugar Refining Company (200 H. P.), Customhouse, Wells, Grossman and Front streets. September 30, 1889. Ord. 4151. Louisiana Steam Sash. Blind and Door Factory, Roberts& Co. (2) (100 H. P.), Howard, Gravier streets and Tulane avenue, December 5. 1889. STEAM ENGINES AND BOILERS. 1019 Ord. 4448. Louisiana Furniture Manufacturing Company (150 H. P.), Water, Bellecastle, Dufossat streets and river. April 24. 1890. Ord. 505.5. Louisiana Tanning Company (40 H. P.). Carondelet Wallv, Broad, White and Toulouse streets, January 30. 1891. Ord. 5163. Langhoff. E. (15 H. P.), 11 S. Front street, March 6, 1891. Ord. 5190. Lipscomb, A. H. (25 H. P.), 501 St. Andrew street, April 4, 1891. Ord. 5613. Louisiana Printing and Publishing Company (10 H. P.), 41 and 43 Natchez street, September 23, 1891. Ord. 56.56. Langerman, John H. (50 H. P.), St. Ferdinand, Port, Urquhart and Girod streets, October 7, 1891. Ord. 6669. Lafayette Warehouse Company (80 H. P.), Julia and Foucher streets, September 7, 1892. Ord. 7330. Lacorte, E. J.. St. Philip. Ursulines, Gayoso, Dupre and Oak streets, March 23, 1893. Ord. 8753. Lorenzan, Chris. (6 H. P.), Josephine and Howard streets, March 2, 1894. Ord. IQ.OOO. Louisiana Glass and Mirror Works (10 H. P.), 54 and 56 Lafayette street, November 24, 1894. Ord. 11,430. Leathers & Garland (15 H. P., B. and E.), Julia and Roeheblave streets, October 8. 1895. Ord. 11,521. Louisiana Molasses Company (200 H. P., station- ary engine and boiler), 412-418 St, Joseph street, October 29, 1895. Ord. 2584. Mitchell, R. B., 436 Delord street, November 18,. 1887. Ord. 2907. Myles, Bryan, Julia, Notre Dame. Water and Delta streets, April 6, 1888. Ord. 3664. Muller, Fritz (20 H. P.), Customhouse andDerbigny streets, April 5, 1889. Ord. 4871. Munich, J. J., Joseph, Arabella, Tchoupitoulas and Levee streets, November 22, 1890. Ord. 4872. Morson & Eaches, 60 Lafayette street, November 22, 1890. Ord. 5042. Meyer, Fred., Octavia and Prytania streets, Janu- ary 29, 1891. Ord. 5549. Mills Preserving Company (15 H. P.), St. Joseph and Commerce streets. August 31, 1891. Ord. 6745. Markel, James (8 H. P.). 550 Conti street, Septem- ber 28, 1892. Ord. 6859. Moll, John G., Jr. (100 H. P.), New Levee, Water, Sixth and Seventh streets, October 29, 1892. Amended by Ordinance 8311, November 16, 1893. Ord. 6950. Morson & Eaches, 90 Tchoupitoulas street, Novem- ber 23, 1892. Ord. 7941. Mock, Charles (4 H. P.), Adams, between Macarthy and D'Armas streets, August 18, 1893. Ord. 8913. Masse, Louis (4 H. P.), 335 St. Louis street, March 31, 1894. Ord. 8962. Moales, E. M. (8 H. P.), Carondelet Walk, between Roeheblave and Dorgenois streets, April 5, 1894. Ord. 9866. Morere, F. & P. (15 H. P.), Canal avenue, Colla- passa, Short and Fourteenth streets. October 26, 1894. 1020 STEAM ENGINES AND BOILERS. Ord. 10,682, Meatre, Eniile G. (15 H. P.), 517 Oonti street. May 9, 1895. Ord. 10,369. Meyer, Herman (electric motor), 1131 Washing- ton street, February 20, 1895. Ord. 3478. McAdam, M. J. (35 H. P.), Peters, N. Market, St. Joseph and Fulton streets, January 16. 1889. Ord. 3909. McGee (16 H. P.), Third, between Dublin and Mad- ison, August 9. 1889. Ord. 4408. McClure & Redpath (20 H. P.), 22 St. L uis street, April 18, 1890. Ord. 6440. McEwen & Murray, Dublin avenue and New Canal. June 9, 1892. Ord. 11,580. McClure & Redpath (15 H. P. E. & B.), 523 and 525 Tchoupitoulas street, November 12, 1895. Ord. 2635. New Orleans Safe and Lock Company, 93 and 95 South Peters street, November 25. 1887. Ord. 3156. New Orleans Rice Milling Company (350 H. P.), Peters and Montegut streets. August 13, 1888. Ord. 3471. New Orleans Railway Supply and Manufacturing Company (6 fl. P.), 94 Common street, Jan- uary 12, 1889. . Ord. 3803. Noblet, G. (4 H. P.;, 99 Bourbon street, June 5, 1889. Ord. 5871. New York Steam Dye Works (15 H. P.). St. Charles and Girod streets, December 19, 1891. Ord. 6887. New York Steam Dye Works (20 H. P.). Olivier and Patterson streets, November 3, 1892. Ord. 7218. New Orleans Swamp Land Reclamation Company, Bayou St. John and St. Ann street, February 17, 1893. Ord. 7578. New Orleans Swamp Land Reclamation Company. Bayou St. John and St. Ann street, May 19, 1893. Ord. 9395. New Basin Manufacturing Company, Limited (40 H. P.). Julia, between Prieur and Johnson, July 9, 1894. Ord. 2584. O'Conner & Reynolds, 103, 105 and 107 Julia street, NovembeflS, 1887. Ord. 5121. Oberling, Louis (15 H. P.), 151 North Peters street, February 28, 1891. •Ord. 5599. O'Reiily, P. J., Wharf, between Canal and St. Louis, September 16, 1891. Ord. 5954. Ong, D. M. (200 H. P.), Press, Montegut, Villere and Robertson streets, January 16, 1892. Ord. 9531. O'Reilly, P. J., Levee, between Canal and St. Louis streets. August 9, 1894. Ord. 10,816. O'Reilly, P. J., upon the incline or apron of the steamboat wharf, between Canal and St. Louis streets, June 7, 1895. Ord. 3157. Pablo, T. (4 H. P.), 200 Elysian Fields street, August 13, 1888. Ord. 3374. Pernlliat, Chas. (30 H. P.), Julia, St. Joseph, Fulton and Peters streets, December 1. 1888. Ord. 4446. Purves, John T. (15 H. P.), 134 North Rampart street, April 24, 1890. Ord. 6272. Pelican Soap Manufacturing Company (50 H. P.), Decatur, between Port and Enghien streets, April 16, 1892. Ord. 10,932. Peter & Gras, 727 Bienville street, June 26. 1895. STEAM ENGINES AND BOILERS. 1021 Ord. 11,519. Peabody. B. H., steam engine on batture property, Broadway jind Magazine streets, October 29, 1895. Ord. 4151. Roberts & Co, liOuisiana Steam Sasli, Blind and Door Factory, two (100 H. P.), Howard, Gravier and Tulane avenue, December 5, 1889. Ord. 4158. Rugers & Kearn, Steam Vinegar Factory, Orange, between Tchoupitoulasand Peters streets. De- cember 14. 1889. Ord. 5269. Riggs. E. A. (40 H. P.), 260 Perdido street, April 30. 1891. Ord. 5326. Reichert, William (4 H. P.), Gasquet and Howard streets. May 30, 1891. Ord. 6633. Roder, Frank, First, Water, Tchoupitoulas andSor- aparu streets, September 1, 1892. Ord. 6893. Rosetta Gravel, Paving and Improvement Company, engines for purpose of obtaining of water to sprinkle streets, Xovember 3. 1892. Ord. 8053. Rugers, Chas. W., Marigny and North Peters streets, September 7, 1893. Ord. 10.147. Rabito, A. (5 H. P.), Dryades, between Poydras and Lafayette streets, January 2, 1895. Ord. 10,228. Rohn, Jacob (6 H. P.), St. David and Toledano streets, January 24, 1895. Ord. 2587. Seidet Bros.. 754 First street, November 11, 1887. OrJ. 2951. Searcy, D. T.. 127 Gravier street. May 21, 1888. Ord. 2960. Sanchez, George and Albert, 38 Pearl street, May 28, 1888. Ord. 2961. Shadwell & Wilson, Montegutand St. Claude streets. May 28. 1888. Ord. 2978. Sharpe,E., 616 Dauphine street, June 4, 1888. Ord. 3086. Searcy, D. J., 77 Oarondelet street, June 19, 1888. Ord. 3104. Schwartz, Moses (4 H. P.), 292-300 Magazine street, July 27, 1888. Ord. 3140. Sampson, T. H. (40 H. P.), Mississippi river, be- tween Bordeaux and Lvon, August 10, 1888. Ord. 3147. Schotield, Hy. (100 H. P.), 62 Lafayette street, August 10. 1888. Ord. 31.53. Schroeder, J. (6 H. P.), 17 St. Ferdinand street, August 11, 1888. Ord. 3206. Seibel Bros., 32 and 34 Bari*acks street, September 28, 1888. Ord. 3255. Souber, J. T. (3 H. P.), Harmony and Chippewa streets, October 13, 1888. Ord. 3493. Smith (10 H. P.), Orange, between Tchoupitoulas and Peters streets, January 24, 1889. Ord. 3932. Standard Planing Mill and Manufacturing Co. (80 H. P.), at site occupied by J. C. Malone Sash Factory, August 30, 1889. Ord. 4121. Slattery Bros. (40 H. P.), 104 Gravier street, No- vember 20. 1889. Ord. 4307. Sorata. A. (200 H. P.), Old Levee, Clay, Toulouse and Jefferson streets. February 24, 1890. Ord. 4814. Sandys, R. M., 63 Girod street, October 31. 1890. Ord. 4818. Swan. Louis, Claiborne. Frenchmen, Union and Robertson streets. November 3, 1890. Ord. 4842. Schlieder, Edw. G., 70 to 80 Conti street, Novem- ber 10, 1890. Ord. 4852. Southern Vinegar Co., removed from 134 N. Basin to 156 Toulouse street, November 22, 1890. 1022 STEAM ENGINES AND BOILERS. Ord. 5272. Southern Wood Manufacturing Co., head of Lyons street, May 1, 1891. Ord. 5367. Schmid, Jos. (16 H. P.), Dufossat, Tchoupitoulas, Front and Bellecastle streets, June 12, 1891. Ord. 5786. Scott, W. P. (30 H. P.), 86 Tchoupitoulas street. June 12. 1891. Ord. 6168. Schmitter, Adam (2 H. P.), 51 North Market street, March 26, 1892. Ord. 6385. Stakelum & Stokes, (10 H. P.), 102-104 St. Joseph street, May i*, 1892. Ord. 6949. Scott, W. P. (30 H. P.), 60 Lafayette street, Novem- ber 23. 1892. Ord. 7114. Southern University, Mechanical and Agricultural College, Magazine, between Soniat and Dufos- sat streets, January 19, 1893. Ord. 7729. Smith, W. G. (2 H. P.), 835 Magazine street, June 15, 1893. Ord. 3748. Sullivan. T. J. (80 H. P.), Batture front, corner Washington and Napoleon avenues, May 21, 1887. Ord. 8208. Schmidt & Zeigler (14 H. P.), 67 Fulton street, October 24, 1893. Ord. 8581. Semmes & Parker (100 H. P.), St. Thomas, Erato, Thalia and Tchoupitoulas streets, Januarv 12, 1894. Ord. 8889. Smith, G. W. H. & Co. (10 H. P.), Claiborne and Spain, March 27, 1894. Ord. 10,576. St. Charles Street Railroad Company (750 IT. P.), Marigny, Mandeville, Decatur and North Peter streets, April 11, 1895. Ord. 11,561. Stakelum, P. J., boiler and engine, Poeyfarre and Annunciation streets, November 5, 1895. Ord. 11,643. Schmidt, R. R. (32 H. P.), boiler and engine, Tchoupitoulas and Lafavette streets, December 3, 1895. Ord. 2726. The Arab. Disinfecting Company, 31 Bienville street, February 1, 1888. Ord. 3141. They, George (8 H. P.). 84 and 86 North Peters street, August 10, 1888. Ord. 3432. Toledano, A., St. Charles avenue and Third street, December 22, 1888. Ord. 3813. Trist & Co. (generator), 14 Conti street, June 8. 1889. Ord. 3924. Theard, S. L. (6 H. P.), Gentilly Road, below Fair Grounds, August 15, 1889. Ord. 5121. Tujaque, Louis (3 H. P.), 42 >^ Dumaine street, Februarv 28, 1891. Ord. 5365. Tuft, Alf., & T. D. Connell (50 H. P.), 72 to 78 Vil- lere street. Fifth District, June 11, 1891. Ord. 8290. Tropical Fibre Company, 88 Rousseau street, No- vember 16, 1893. Ord. 9399. Thompson. Theo. J. (100 H. P.), 12 and 14 Marigny street, July 9, 1894. Ord. 10,022. Touro Infirmary (45 H. P.), Prytania, Coliseum, Foucher and Aline streets, December 3, 1894. Ord. 9094. Thomas, Alex. (4 H. P.), 40 Marais street. May 4, 1894, Ord. 11,507. Tankersley, Mrs. J. (small engine), Jackson, be- tween Magnolia and Clara streets, October 22, 1895. d STEAM ENGINES AND BOILERS. 1023 Ord. 4088. Ursuline Xims (10 H. P.), Mathilda. Jourdan, Levee and Dauphine streets. November 11, 1889. Ord. 11,595. Union Coal Company (5 H. P. boiler and engine), Louisiana avenue and Rampart streets, No- vember 19, 1895. Ord. 3438. Voorhies. E. (4 H. P.), Toulouse, between Rampart and Burgundy streets, December 7, 1888. Ord. 3815. Yallette, Frank A. (2 H. P.), Patterson, between Yallette and Olivier streets, June 14, 1889. Ord. 8073. Wigginton, W. E. (15 H. P.), 91 Fulton and 101 South Peters streets, September 27, 1892. -Ord. 2684. Wetzel, A., Marengo and Jersev streets, Janu- ary 6, 1888. Ord. 2772. Wetzel. A., Jersey, Marengo, Laurel and Constan- tinople streets, February 21, 1888. Ord. 2961. Wilson & Shadwell, Montegut and St. Claude streets, May 28. 1888. Ord. 3039. Weckerling Brewing Company (150 H. P.), Maga- zine and Delord streets, July 7, 1888. Ord. 3495. Waekerbarth & Joseph (20 H. P.), 93 and 95 Julia street, January 28, 1889. Ord. 8499. Weiss, Joseph (6 H. P.), First and Magnolia streets, January 25, 1889. Ord. 3994. Wigginton, Wm. C. (8 H. P.). 22 St. Louis street, September 27, 1889. Ord. 4307. Woddv, N. A. (10 H. P.), 26 St. Louis street, Feb- ruary 24, 1890. Ord. 7433. Wulngo. C. (4 H. P.), Magazine and Valmont streets, April 14, 1893. Ord. 7742. Wards, John, Sons & Co. (20 H. P.). Freret and Cypress streets, June 28, 1893. Ord. 9307. Wogan & Bro. (200 H. P.), Decatur and Port streets, June 7, 1894. Ord. 9.527. Walker & Randolph (2 H. P.), 268 St. Charles ave- nue, August 9. 1894. Ord. 11,460. White Swan Laundry Steam Power, etc., 1114 Freret street, October 15, 1895. Ord. 3008. Zinger. Wm., Roberts, between Jersey and Tchoup- itoulas streets, June 21, 1888. Young Men's Gymnastic Club (35 H. P.), Rampart and Customhouse streets. February 6, 1891. Young & Frye (5 H. P.), 38 St. Andrew street, March 31, 1892. Zuberbier & Behan. 17 and 19 South Peters street, and 15 and 17 Fulton street, August 5, 1892. Zengel, J. W.. 1706 Tchoupitoulas street, July 7, 1893. Ord. 7995. Yazoo & Mississippi Yalley Railroad Company, Howard, Freret, Perdido and Poydras streets, September 1.1893. Ord. 2910. Young Men's Gymnastic Club, to enlarge steam plant. Rampart, Burgundy, Bienville and Cus- tomhouse streets, March .31, 1894. Ord. 11, 425. Young Men's Christian Association (50 H. P.), St. Charles avenue, between Julia and St. Joseph streets, October 8, 1895. Ord. 5098. Ord. 6198, Ord. 6582. Ord. 7795. 1024 STREETS, SIDEWALKS AND GUTTERS. STREETS, SIDEWALKS & GUTTERS. See Offence. Regulating That Street names shall be placed at all intersections. names of The naming of streets to be started in the commercial ord. ko. 7908, portion of the city, and to be extended until all streets *Aug. 1, 1893. in the inhabited portion of the city are provided with names, the placing of the names to be done at the rate of not less than one (100) hundred intersections per year. The furnishing and placing of names to be let by the city of New Orleans by contract, the City Council to select and adopt the style of the names to be used. The placing of names to be done according to specifications on file in the office of the ("ity Engineer. Art. 2704. That the placing of these names is not to be done until such time as the City Council has arranged for the renaming of such streets as now have duplicate names. Repealing Art. 2705. That all ordinances or parts of ordinances, lb. in conflict with the provisions of the foregoing ordi nance be and the same are hereby repealed. Destroying street signs, see offences. Ordinance No. 7622, C. S.. authorizes advertisement for bid& for plates for street names at intersections. Ordinance No. 8618 accepts bill of Burke & Gotten under Ordi- nance No. 7622, C. S. Change of Art. 2706. That the sixth (6th) street above the "o?d?No.94u, United States Barracks, and extending from the river to ^ July 3, 1894. Ne Plus Ultra street, in the Third District, which is now Aiabo, known as Adams street, shall be hereafter known as Alabo street. Alexander. That the third (3d) street toward the swamp from Carrollton avenue, and extending from the New Canal to the Metairie road, in the First and Second Districts, now known as Alexander street, shall be hereafter known as South Alexander street, and from the New Canal to Metairie road shall be hereafter known as North Alex- ander street. Kentucky. That the third (3d) street above the Convent of the Ursulines, from the river to Metairie road in the Third STREETS, SIDEWALKS AND GUTTERS. 1025 District, now known as Alexander street, shall be here- after known as Kentucky street. That the first (1st) street on the lake side of Claiborne Derbigny. street, which is now known as Bartholomew street, which street is the prolongation of Derbig:ny street, and extending from Upperline, Jefferson City, to Calhoun street, shall hereafter be known as South Derbigny street. That the short street below Seguin street, extending Bermuda, from the river to Eliza street, in the Fifth District, and now known as Bartholomew street, shall hereafter be known as Bermuda street. That the seventh street (7th) on the lake side of Car- Bemadoue. roUton avenue, extending from the New Basin to Me- tairie road, and known as Bernadotte street, shall here- after be known as North Bernadotte street, between Canal street and Metairie road ; and South Bernadotte street, between Canal street and the New Basin. That the continuation of Upperline street, from Protection. Twelfth street to North Line street, which is now known as Bernadotte street, shall hereafter be known as Pro- tection street. That the third street west of the Southern Pacific Whitney ave. Railroad, leading from the river to the parish line. Fifth District, now known as Canal avenue, be and the same shall hereafter be known as Whitney avenue. That the second street above the Audubon Park, ex- Audubon, tending from the river to the woods, and known as Chestnut or Audubon street, be and the same shall hereafter be known as Audubon street. That the fifth street west of the Southern Pacific Beiieviiie. Railroad, extending from the river to the woods. Fifth District, and now known as Chestnut street, be and the same shall hereafter be known as Belleville street. That the second street north of Metairie road, leading Emmett. from the City Park to Bayou St. John, Second Dis- trict, and now known as Clay street, be and the same shall hereafter be known as Emmett street. That the twelfth street northwest of and parallel to cherry. Carrollton avenue, extending from Upperline to North 1026 STREETS, SIDEWALKS AND GUTTERS. Line street, Seventh District, and now known as Clay street, be and the same shall hereafter be known as Cherry street. Cherokee. rpj^^t the sixth Street S. E. of and parallel with Car- roUton avenue, extending from the river to Lowerline street. Seventh District, and now known as Clinton street, be and the same shall hereafter be known as Cherokee street. Panola. That the fifteenth street north of and parallel to First street, extending from Lowerline to Upperline street, Seventh District, and now known as Cypress street, be and the same shall hereafter be known as Panola street. (Which is the name of the extension of this street in Jefferson.) Mississippi. That the fourth street southwest of and parallel to St. Charles avenue, from Lowerline to Burdette street. Sev- enth District, and now known as DeArmas street, be and the same shall hereafter be known as Mississippi street. Diana. That the fourth street south of Market street, extend- ing from the river to the woods, Fifth District, and now known as Decatur street, be and the same shall hereafter be known as Diana street. Douglas. That the third street north of the river, and extending from Adams street to the United States Hospital, Third District, and now known as Delaronde street, be and the same shall hereafter be known as Douglas street. . N. Dorgenois. That the first street east of Broad street, extending from Canal street to lower limits, and now known as North Dolhonde street, be and the same shall hereafter be known as North Dorgenois street. s. Dorgenois. That the first street east of Broad street, extending from Canal street. First District, to Napoleon avenue, Sixth District, and now known as South Dolhonde street, be and the same shall hereafter be known South Dorgenois street. s. Franklin. That the fifteenth street west of the river, extending from Canal street. First District, to the lower line of the Foucher tract, Sixth District, now known as Franklin STREETS, SIDEWALKS AND GUTTERS. 1027 street, and formerly St. David street, shall hereaftei* be kuowii as South Franklin street. That the fifteenth street west of the river, extending n. Franklin. from Canal street to Carondelet Walk, Second District, -now known as Franklin street, be and the same shall hereafter be known as North Franklin street. That the fourth street east of the river, extending Nuntz. from Market street to the woods, Fifth District, and now known as Franklin street, be and the same shall hereafter be known as Nuntz street. That the tenth street north of City Park, extending Germain, from Bayou St. John to Milne street, Second District, and now known as Gaines street, be and the same shall hereafter be known as Germain street. That the fifteenth street, north of St. Charles avenue, General Lee. extending from Walnut to Lowerline street, Sixth Dis- trict, and now known as Gavoso street, be and the same shall hereafter be known as General Lee street. That the seventh street north of St. Charles avenue, s. Liberty, extending from Toledano to Calhoun streets, and now known as Green street, be and the same shall hereafter be known as South Liberty street. South Liberty street will extend from Canal street to Toledano street, in the Sixth District. That the fifth street east of the river, extending from Hermosa DeArmas street to the woods, Fifth District, aad now known as Hancock street, be and the same shall here- after be known as Hermosa street. That the fourth street south of Felicity road, extend- Jackson ave. ing from the river until it intersects with the tailrace of the Melpomene Canal, Fourth District, and now known in part as Jackson avenue and Jackson street, be and the same shall hereafter be known as Jackson avenue. That the wide avenue in the rear of the Second Dis- chjimeite. trict, extending from Milne street to Bayou St. John, and now known as Jackson avenue, now Van Buren ave- nue, be and the same shall hereafter be known as Chal- mette aventie. That the seventh street N. W. of CarroUton avenue 1028 STREETS, SIDEWALKS AND GUTTERS. Generaiogden, extending from the river to the New Canal, and now known as Jackson street, be and the same shall here- after be known as General Ogden street, and will ex- tend from the river to Canal street. River. That the first Street east of the river, extending from Market street to the woods, Fifth District, and now known as Jefferson street, be and the same shall here- after be known as River street. joiiet. That the sixth street N. W. of and parallel to Car- rollton avenue, extending from the river to the woods. Seventh District, and now known as Jefferson street, be and the same shall hereafter be known as Joiiet street. japonica. That the twenty-first street east of Lafayette avenue, extending from the river to the woods. Third District, and now known as Josephine street, be and the same shall hereafter be known as Japonica street. Pontaiba, That the first street north of the river, and extending from Decatur street to the United States Hospital, Third District, and now known as Jumonville street, be and the same shall hereafter be known as Pontaiba street. Lainarque. That the sixth Street south of Market street, extend- ing from the river to the woods. Fifth District, now known as Lapeyrouse street, be and the same shall hereafter be known as Lamarque street. Dante. That the second street northwest of and parallel with Carrollton avenue, extending from the river to the parish boundary. Seventh street, now known as Madi- son street, be and the same shall hereafter be known as Dante street. Brooklyn ave. That the sccoud Street east of the river, extending from the river to the woods. Fifth District, now known as Madison street, be and the same shall hereafter be known as Brooklyn avenue. That the fifth street north of the river, extending from Walnut street to Lowerline street. Sixth District, now known as Market street, be and the same shall hereafter be known as Meadow street. That the third street south of Patterson street, extend- ing from the river to the woods. Fifth District, and now Meadow. Opelousas ave. STREETS, SIDEWALKS AND GUTTERS. 1029 known as Market street, be and the same shall hereafter be known as Opelousas avenue. That the two streets, extending on either side of the n. ami s. Dia- St. Mary's Market, extending from Tchoupitoulas street "^°^ ' to the river. First District, and known as North and South Market streets, be and the same shall hereafter be known as North and South Diamond street. That the fourth street west of the U. S. Barracks, ex- Tupelo, tending from the river to the woods, and now known as Monroe street, in the Third District, be and the same shall hereafter be known as Tupelo street. That the third street east of the river extending from Teche. Market street to the limits. Fifth District, and now known as Monroe street, be and the same shall hereafter be known as Teche street. That the ninth street west of Hagan avenue, extend- s Hennessey, ing from Canal street to New Basin Canal, First District, and now known as Napoleon street, be and the same shall hereafter be known as South Hennessey street. That the ninth street west of Hagan avenue, extend- n. Hennessey ing from Canal street to Metairie Ridge, Second District, and now known as Napoleon street, be and the same shall hereafter be known as North Hennessey street. That the second street north of the Fair Grounds, ex- serantine tending from Bayou St. John to St. Bernard avenue, Second District, and now known as Nelson street, be and the same shall hereafter be known as Serantine street. That the sixth street north of St. Charles avenue, oai^s. extending from Walnut street to Lowerline street, Sixth District, and now known as Oaks street, be and the same shall hereafter be known as Oaks street, and this street will extend from the upper line of the Foucher tract in the Sixth District to the upper protection levee in the Seventh District, and the continuation of this street from Lowerline street to the upper protection levee, which is now known as Fourth street, will here- after be known as Oaks street. That the triangular street extending from Orleans to orchid. Broad street, in the rear of the Second District, and now 1030 STREETS, SIDEWALKS AND GUTTERS. known as Oak street, be and the same shall hereafter be known as Orchid street. Clyde. That the first street south of Market, extending from Bonny to Moss street, Fifth District, and now known as Octavia street, be and the same shall hereafter be known as Clyde street. General Hood. That the first Street toward the river from Wall street, extending from Audubon Park to the river, Seventh District, now known as Oliver street, be and the same shall hereafter be known as General Hood street. Pelican ave. That the sccoud strcct south of Canal street ferry landing, extending from the river to Sumner street. Fifth District, and now known as Peter street, be and the same shall hereafter be known as Pelican avenue. Eve. That the first street southwest of Melpomene street, extending from Hagan avenue to Broad street, now known as Terpsichore street, be and the same shall hereafter be known as Eve street. Eden. That the second street southwest of Melpomene street, extending from Hagan avenue to Broad street, and now known as Euterpe street, be and the same shall hereaf- ter be known as Eden street. Elba. That the third street southwest of Melpomene street, extending from Hagan avenue to Broad street, and now known as Polynmia street, be and the same shall here- after be known as Elba street. Elk. That the fourth street southwest of Melpomene street. extending from Hagan avenue to Broad street, and now known Urania street, be and the same shall hereafter be known as Elk street. Vincent. That the fifth street southwest of Melpomene street . extending from Hagan avenue to Broad street, and now known as Gasquet street, be and the same shall hereafter be known as Vincent street. Moss. That the street paralleling the Bayou St. John, ex- tending from Carondelet Walk to Esplanade street. Sec- ond District, and now known as Port street, be and the same shall hereafter be known as Moss street. seima. That the second street north of Monroe avenue, ex- tending from People's avenue to Bayou St. John, Third STREETS, SIDEWALKS AND GUTTERS. 1031 District, and now known as Socrates street, be and the same shall hereafter be known as Selma. That the eighth street south of and parallel with Mon- roe avenue, extending from Bayou St. John to People's avenue, Third District, and now known as Solon street, be and the same shall hereafter be known as Senate street. That the second street east of Elysian Fields street, extending from the junction of Royal and Kerlerec street to the lake, Third District, and now known as Union street, be and the same shall hereafter be known as Touro street. That the street adjacent to the upper protection levee, extending from the river to North Line street, Seventh District, now known as Upperline street, be an.d the same shall hereafter be known as Protection street. That the fourth street east of Elysian Fields street, extending from Decatur street to the lake, Third District, and now known as Washington street, be and the same shall hereafter be known as St. Roche avenue. That the first street east of Esplanade street, extend- ing from Broad street to the Bayou St. John, Second and Third Districts, and now known as Washington street, be and the same shall hereafter be known as Roquette street. That the first street north of St. Charles avenue, extending from Walnut to Lowerline street. Sixth Dis- trict, and now known as Washington street, be and the same shall hereafter be known as Hampson street, this street being the continuation of an existing street now known as Hampson street. That the fifth street west of the Morgan's Louisiana wagner. & Texas Railroad, extending from the river to the woods, Fifth District, now known as Washington street, be and the same shall hereafter be known as Wagner street. That the second street southeast of and parallel with Fern. CarroUton avenne. Seventh District, extending from the river to the New Basin Canal, and now known as Washington street, be and the same shall hereafter be known as Fern street. St. Roche aye. Roquette. Hampson. 1032 STREETS, SIDEWALKS AND GUTTERS. St. Charles That the continuation of St. Charles avenue from Car rollton avenue to the river, Seventh District, now officially known as First street, be and the same shall hereafter be known as St. Charles avenue. Maple. That the street between Hampson and Burthe streets, extending from the river to Foucher street. Seventh Dis- trict, now known as Second street, be and the same shall hereafter be known as Maple street. Elm. That the street between Burthe and Zimple streets, Seventh District, extending from the river to the Foucher tract, now known as Third street, be and the same shall hereafter be known as Elm street. Oaks, That the street between Zimple and Plum streets, Seventh District, extending from the upper protection levee .to Lowerline street, now known as Fourth street, be and the same shall hereafter be known as Oaks street, and this street will extend from the upper pro- tection levee to Foucher street. Poplar. That the street between Plum and Jeanette streets, Seventh District, extending from the upper protection levee to Lowerline street, now known as Fifth street, and the continuation of this street from Lowerline street to the upper boundary of the Foucher tract, now known as Warren street, be and the same shall hereafter be known as Poplar street. Birch. That the street between Jeanette and Green streets. Seventh District, extending from the upper protection levee to Lowerline street, now known as Sixth street, and the continuation of this street from Lowerline street to the upper boundary of the Foucher tract, now known as Wandorf street, be and the same shall here- after be known as Birch street. Hickory. That the street between Green and Cohen streets, Seventh District, extending from the upper protection levee to Lowerline street, now known as Seventh street, and the continuation of this street from Lowerline street to the upper boundary of the Foucher tract, now known as Sauve street, be and the same shall hereafter be known as Hickory street. That the street between Cohn and Cypress streets. STREETS, SIDEWALKS AND C4UTTERS. 1033 I Seventh District, extending from the upper protection Spruce, levee to Lowerliue street, now known as Eighth street, and the continuation of this street from Lowerline street to the upper boundary of the Foucher tract, now known as Miro street, be and the same shall hereafter be known as Spruce street. That the street between Cypress and Napoleon street, sycamore. Seventh District, extending from the upper protection levee to Lowerline street, be now known as Sycamore street. That the fifth street north of Claiborne street, ex- Gram, tending from St. Bernard avenue to lower limits of city. Third District, now known as Genius street, be and the same shall hereafter be known as Grant street. That the first street east of Franklin avenue, extend- Eads. ing from Lafayette avenue to the lake. Third District, and now known as Hunters street, be and the same shall hereafter be known as Ead streets. That the short street on the prolongation of Camp camp pia:e, street, extending from Felicity road to its intersection with Magazine street at St. Andrew street, and now known as Old Camp street, be and the same shall here- after be known as Camp Place. That the short street on the prolongation of Magazine Magazine street, extending from Felicity road to St. Mary street, and now known as Old Magazine street, be and the same shall hereafter be known as Magazine Place. That all streets bearing the same name which cross Prefixes Xonh Canal street have prefixed to their names the words North and South, the street on the south or upper side of Canal street to have the word South prefixed, and those on the lower or north side of Canal street to have the word North prefixed before the name. That the continuation of South Rampart street, from s. Rampart. Harmony to State street, formerly St. Denis street, be and the same shall hereafter be known as South Ram- part street. That the continuation of Franklin street, from Felicity s. irankiin. road to the lower line of the Foucher tract, and form- erly St. David street, be and the same shall hereafter be known as South Franklin street. 1034 STREETS, SIDEWALKS AND GUTTERS. Liberty. Magnolia. Morgan, Appollonia, Saratoga. That the continuation of South Liberty street, from Toledano street to the lower line of the Foucher tract, and now known as Green street, be and the same shall hereafter be known as South Liberty street. That the continuation of Howard street, from Tole- dano street to the lower line of the Foucher tract, and now known as St. George street, be and the same shall hereafter be known as Howard street. That the continuation of Freret street, from Peters avenue to the lower line of the Foucher tract, and now known as Long street, be and the same shall hereafter be known as Freret street. That the continuation of Magnolia street, from Peters avenue to Audubon Park, and now known as Victor street, be and the same shall hereafter be known as Magnolia street. That the continuation of Clara street, from Peters avenue to the lower line of the Foucher tract, and now known as Leonie street, be and the same shall hereafter be known as Clara street. That the continuation of Willow street, from Peters avenue to the lower line of the Foucher tract, and now known as Henry street, be and the same shall hereafter be known as Willow street. That Villere street, in the Fifth District, shall here- after be known as Morgan street. That Architect street, in the Seventh District, be and the same shall hereafter be known as Appollonia. That Basin street, now South Basin street, in the First and Fourth Districts, from Calliope to Toledano street, and formerly known as White street from Calliope street to Felicity street, be and the same shall hereafter be known as Saratoga street. That St. Patrick street, Sixth District, from Toledano street to the lower limits of the Foucher tract, the con- tinuation of South Basin street, be and the same shall hereafter be known as Saratoga street. That Church street, Fifth District, be and the same shall hereafter be known as Kent street. STREETS, SIDEWALKS AND GUTTERS. I03r That Dryden street, Third District, be and the same shall hereafter be known as Dinsraore street. That Calhoun street. Sixth District, extending from St. Charles street to the woods, sometimes called Ed- mund street, be and the same shall hereafter be known as Calhoun street. That Elysian Fields street. Third District, be and the same shall hereafter be known as Elysian Fields avenue. . That Foucher street, First District, commencing at Poydras street, be and the same shall iiereafter be known as Constance street. That Hospital street, Second District, now extending from the river to Rampart street, be extended to Clai- borne street and thence to the lake. That Bayou road. First District, from Rampart street to Claiborne street, be and the same shall hereafter be known as Hospital street; Bayou road to begin at Clai- borne street. That Jackson street. Fifth District, be and the same shall hereafter be known as Slidell avenue. That Jeanna street, Third District, be and the same shall hereafter be known as Alvar street. That Boudousquie street, Jeannette, Sixth District, be and the same shall hereafter be known as Garfield street. That Leonidas street, Third District, be and the same shall hereafter be known as Lombard street. That Livingston street. Third District, be and the same shall hereafter be known as Mandolin street. That Martin street. First District, be and the same shall hereafter be known as Willow street. That Milton street, Seventh District, be and the same shall hereafter be known as Meteor street. That Monroe avenue. Second District, first street in rear of City Park, be and the same shall hereafter be known as Mound avenue. That Pearl street. First District, be and the same shall hereafter be known as Poe street. That Philip street. Second District, be and the same shall hereafter be known as Mermet street. Dinsmore, Elysian Fields avenue. Hospital. Hospital. Bavou Road. Mound ave. Poe. Mermet. 1036 STREETS, SIDEWALKS AND GUTTERS. S. H aga n avenue. Ursulines ave, Bienville ave. Sumpter. Apple. Apricot. Fig. Palmetto. That Petre street, Third District, be and the same shall hereafter be known as Dubreuil street. That Pope street, Third District, be and the same shall hereafter be known as Home street. That Possini street, Third District, be and the same shall hereafter be known as Rosalind street. That St. John avenue, First, Fourth and Sixth Dis- tricts, be and the same shall hereafter be known as South Hagan avenue. That Solomon street, Third District, be and the same shall hereafter be known as Safrano street. That Ursulines street, Second District, from Clai- borne street to Bayou St. John, be and the same shall hereafter be known as Ursulines avenue. That Bienville street. Second District, from Claiborne street to Metairie road, be and the samfe shall hereafter be known as Bienville avenue. That Virginius street, Third District, be and the same shall hereafter be known as Sumpter street. That Tenth street. Seventh District, be, and the same shall hereafter be known as Mobile street. That Eleventh street, Seventh District, be and the same shall hereafter be known as Apple street. That Twelfth street, Seventh District, be and the same shall hereafter be known as Apricot street. That Thirteenth street. Seventh District, be and the same shall hereafter be known as Fig street. That Fourteenth street, Seventh District, be and the same shall hereafter be known as Oleander street. That Fifteenth street. Seventh District, be and the same shall hereafter be known as Olive street. That Sixteenth street, Seventh District, be and the same shall hereafter be known as Palm street. That Seventeenth street. Seventh District, be and the same shall hereafter be known as Palmetto street. That Eighteenth street. Seventh District, be and the same shall hereafter be known as Peach street. That Nineteenth street. Seventh District, be and the same shall hereafter be known as Pear street. STREETS, SIDEWALKS AND GUTTERS. 1037 Fuller. Republic. Arthur. Voison. Freeman. That Twentieth street, Seventh District, be and the Quince, same shall hereafter be known as Quince street. That Napoleon street, Seventh District, be hereafter Nerow. known as Nerow street. That Penn street, Fifth District, twelfth street south of Patterson, be hereafter known as Fuller street. That Louisie street. Seventh District, be hereafter known as Irma street. That Warsaw street. Third District, be hereafter known as Republic street. That Calhoun street, Second District, north of Metairie Rid^e, change to Arthur street. That Webster street, in Second District, north of Me- tairie road, be hereafter known as Voison street. That Genois street, second street south of Lake, be hereafter known as Freeman street. That DeArmas street, in rear of Sixth District, ex- tending from St. John's avenue to State street, be here- after known as Grape street. That Livaudais street. Third District, be hereafter known as Buchanan street. That Locust street, the sixth street west of Rampart street, extending from Tulane avenue to State street, be and the same shall hereafter be known as South Robert- son street. That Breslow street, Sixth District, the continuation s. Robertson, of Locust street, be and the same shall hereafter be known as South Robertson street. That Rousseaux street. Seventh District, seventeenth ross. street from the river, commencing at Upperline street, Seventh District, be and the same shall hereafter be known as Ross street. That St. John street, from junction of Esplanade Beii. avenue and Broad street, west to Bayou St. John, Second District, that the same shall hereafter be known as Bell street. That New St. Bernard street, the sixth street west of Pontchartrain Railroad, from St. Bernard avenue to Lake, Third District, be and the same shall hereafter be known as Allen street. Grape. S. Robertson. Allen. 1038 STREETS, SIDE\YALKS AND GUTTERS. Camp street. Art. 2707, That between Race and Felicity Road c.'s, ■ '^ 'the street on either side of Camp street canal shall be ' "^ * known as Camp street, and the canal and the space not occupied by the street on either side of same shall be known as a neutral ground, and the cost of the paving on either side of Camp street, between Felicity Road and Race street, be as prescribed by law on streets where neutral ground exists, ground" Camp ^^T. 2708. That thc Camp street canal and the stieet. ^^ ground not occupied as a street on either side of same, between Clio and Melpomene streets, be and is hereby designated as a neutral ground and the proportion of the cost of paving of Camp street and Coliseum street, between Melpomene and Clio streets, shall be in ac- cordance with law regulating streets where neutral ground exists, clause.^ '^ '"^ Art. 2709. That any or all ordinances or parts of "ordinances in conflict with the provisions of this or- dinance be f'^nd the same are hereby repealed, stree?^^ Spuei Art. 2710. (1) That f rom and after the passage of this *^"^rd!"No. 395, 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 Dis- tricts 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. Change of Art. 2711. (2) Ncw Lcvcc and Levee streets shall be names of cer- ^ ' tain streets kuowu as New Lcvcc strcct. in First and teicts!^ ^'^ Religious and Bellechasse streets shall be known as Religious street. St. Thomas, St. John 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. i STREETS, SIDEWALKS AND GUTTERS. 1039 St. Michael aud Laurel streets shall be known as Lau- rel street. Constance, St. Azelie, Live Oak and Foucher streets shall be known as Constance street. Camp, Coliseum and Liberal streets shall be known as Camp street. Tainturier, and Chestnut streets shall be known as Chestnut street. Coliseum, Ursule and Plaquemine streets shall be known as Coliseum street. St. Charles and Nayades streets shall be known as St. Charles street. CarondeJet and Apollo streets shall be known as Carondelet street. Baronne and Bacchus streets shall be known as Ba- ronne street. Phillippi and Dryades streets shall be known as Dry- ades street. Circus, Hercules and Rampart streets shall be known as Rampart street. St. John, White and Basin streets shall be known as Basin strfeet. Franklin, St. Peter and Benton streets shall be known as Franklin street. Treme, St. Paul and Liberty streets shall be known as Liberty street. Girod, Cedar and Howard streets shall be known as Howard street. Freret, Pine and Jacob streets shall be known as Fre- ret street. St. Mary, Locust and Solace streets shall be known as Locust street. St. Marc, Magnolia and Maunsel streets shall be known as Magnolia street. St. Magdeline, Vine and Clara streets shall be known as Clara street. St. Adeline, Willow and Martm streets shall be known as Willow street. White and Sixth streets shall be known as White street. 1040 STREETS, SIDEWALKS AND GUTTERS. Dupre and Fifth streets shall be known as Dupre street. Gayoso and Fourth streets shall be known as Gayoso street. Salcedo and Van Buren streets shall be known as Salcedo street. Lopez and Third streets shall be known as Lopez street. 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. Genois and Lemon streets shall be known as Genois street. Telemachus and Mulberry streets shall be known as Mulberry street. St. John and St. Peter streets shall be known as Scott street. St. James and Marley streets shall be known as Pierce street. Tiilane Avenue and Cleveland Street. Common, Art. 2712. (1) That Common street, from Baronne Ga^squet^ to'beStreet back to cemeteries and Banks street, to its inter- ciev°eun'd st.''^ sectiou with Galvez street, be hereafter known as Tulane ^ord. No. '78i.g^yg^^g^ g^jj^ ^jj^^ Gasquet street, from Claiborne street May i8, i886. |^^g-|j^ to cemetcries, bc hereafter known as Cleveland street. Assessors io Art. 2713. (2) That for the purposc of Carrying thesc f hYu '^sles's" changes into effect the assessors be requested, author- men ro s. .^^^ ^^^ directed to make the necessary changes on the " Placing name assessment roll, and that the property owners on both houses °renum- Said streets be authorized and empowered to place suit- ''^'^*^' able signs on the corners of said streets, as well as to have their properties renumbered under the supervision and direction of the City Surveyor, provided all the changes contemplated herein be carried into effect with- out any cost to the city. STREETS, SIDEWALKS AND GUTTERS. 1041 Art. 2714. Whereas, the street known and designated Miss Anme ' Howard. as Delord street from the levee to Camp, Delord, Triton ord.No. 2446, Walk and from Camp street to the New Basin as Triton Walk should, to prevent confusion, be known through its entire length by the same designation. Miss Annie Howard has purchased ground on said street at its in- tersection with Camp street for the purpose of erecting and endowing a Free Library thereon. Such a display of public spirit should be recognized. Art. 2715. (1) That the street now known as Delord Howard ave. and Triton Walk be and they shall hereafter be known and designated as Howard avenue, and the proper de- partment shall take immediate steps to change the street corner designations to conform herewith. IN the SECOND AND THIRD DISTRICTS. Art. 2716. (3) Public Road and Levee street shall be changes of names in Sec- known as New Levee street. "nd and Third Old Levee and Victory streets shall be known as Levee «• s. .^95- •^ Nov. 1852. street. Chartres, Conde and Victory streets shall be known as Chartres street. Royal and Casacalvo streets shall be known as Royal street. Bourbon and Bagatelle streets shall be known as Bourbon street. Dauphin and Greatmen streets shall be known as Dauphin street. Burgundy and Craps streets shall be known as Bur- gundy street. Rampart and liove streets shall be known as Rampart street. St. Claude and Goodchildren streets shall be known as St. Claude street. Marais, Blanche and Morales streets shall be known as Marais street. Villere and Girod streets shall be known as Villere street. Robertson and St. John Baptist streets shall be known as Robertson street. I 1042 STREETS, SIDEWALKS AND GUTTERS. Claiborne and St. Avid streets shall be known as Claiborne street. Derbigny and Prosper streets shall be known as Derbigny street. Johnson and Liberal streets shall be known as John- son street. Dorgenois and Magistrate streets shall be known as Dolhonde street. Sixth and White streets shall be known as White street. Dupre and Fifth streets shall be known as Dupre street. Gayos6 and Fourth streets shall be known as Gayoso street, Salcedo and Van Buren streets shall be known as Sal- cedo street. Lopez and Third streets shall be known as Lopez street. Rendon and Second streets shall be known as Rendon street. Hagan avenue and First street shall be known as Hagan avenue. That the following streets, perpendicular to the river, shall be known as follows, to- wit : IN THE FIRST i)ISTRICT. Changes o f Art, 2717. (4) Roffiguac, Josephine, Basin, Prytania 5eS>end?cuilrWalk and Terpsichore streets shall be known as Terp- *°"^"- lb. sichore street. Edward and Melpomene streets as Melpomene street. Benjamin, Estelle and Thalia streets as Thalia street. Suzette, Melicerte and Erato streets as Erato street. Gaiennie and Bartholomew streets as Gaiennie street. Louisa, Duplantier and Calliope streets as Calliop'1 street. Delord and Fulton Walk as Delord street. Girod street shall be known as Broom street. (Re-i changed to Girod street by City Ordinance No. 1682.) STREETS, SIDEWALKS AND GUTTERS. 1043 Julia street and Florida Landing as Julia street. Lafayette and Hevia streets as Lafayette street. Jackson street shall be known as Gasquet street. IN THE THIRD DISTRICT. Art. 2718. (5) History and Kerlerec streets shall be o. 5.395. ^ ■^ '' Not., 1851. known 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 Washington street. Enghien street to be known as Lafayette avenue. Art. 2719. (1) That the name of Touro avenue be g*^f„\'I"*" and is hereby changed to the original name of Canal ^p"'» ^^^i- street. That the street formerly denominated and known as Peters and New Levee be changed, and from the passage of this resolution be called and bear the name of Peters street ; and that likewise shall be changed the street called Old Levee street, instituting in its stead Decatur street. Art. 2720. (1) That the name of the street now church &treet. known as St. Mary, which runs between Poydras and Jan.,' 1869.* Julia, be and the same is hereby changed to Church street. Art. 2721. (1) That from and after the first day of North and October, 1873, such portions of the following named °a. s.2330. streets as lie South of Canal street, shall have the word ^^^'' ' ^^' South prefixed to their present names, and such portions of the same streets as lie N^orth of Canal street shall have the word JVorth prefixed to their present names : Water, Front, Peters, Rampart, Basin, Franklin, Liberty, Robertson, Claiborne, Derbigny, Roman, Prieur, Johnson, Galvez, Miro, Tonti, Rocheblave, Dolhonde, Broad, White, Dupre, Gayoso, Salcedo, Lopez and Rendon streets, Hagan avenue, Clark, Genois, Telemachus, Cortes and Pierce streets and Car- rollton avenue. Art. 2722. (2) That the Administrator of Police be Duty of Ad- and is hereby authorized and directed to cause the Poike. proper name of such streets as herein provided to be placed at each of the corners. 1044 STREETS, SIDEWALKS AND GUTTERS. i^enviik ave. Art. 2723. (1) In Tcsponse to the petition of prop- june, 1870. erty holders, that Bienville street, from Claiborne street to Metairie Ridge, shall hereafter be known as Bienville avenue, avtnue.^''"''' Art. 2724. (1) That St. Charles street above Tivoli Ma5', I876. Circle shall hereafter be known as St. Charles avenue. Change of Art. 2725. (1) That f rom and after the passage of this name of sts. -,. ., „,, , ,,,., A. S.629Q. ordinance, the names of the several streets parallel with the river, from Joseph street to the lower line of the Upper City Park, in the Sixth District, and bearing the different names, thereby creating confusion, be changed as follows : Levee street to be called Tchoupitoulas. Tchoupitoulas and Preston to be called Annunciation Jersey and Market to be called Laurel. Laurel and Union to be called Patton. Live Oak and Main to be called Constance. Magazine and Liberty to be called Magazine. Camp and Greenwich to be called Camp. Chestnut and Chatham to be called Chestnut. Coliseum or Plaquemine and Elizabeth to be called Coliseum. Perrier and Howard to be called Perrier. Prytania and Cortland to be called Prytania. Pitt and Bond to be called Pitt. ^A^yss."'' '^^'^- ^^^^- (1) ^^^* Ordinance No. 955 be and is May, 1S76, hereby repealed, and that Benton street be hereafter known and recognized in law as Liberty street between Philip and Toledano, and also the prolongation of the same street between -Toledano and the Foucher property, now known as Green street, be hereafter known as Liberty street. pYaci.''*"*^^ Art. 2727. That that part of Dryades street located ^Ord. No. 2659, between Canal and Common streets be hereafter named Nov. 29, 1S87. and called L^niversity Place, and its name changed in accordance herewith, s4T°"^''''" Art. 2728. That the name of Jersey street, from An- c?sf ■ ^°' *^^^' tonio street up, be changed to Annunciation street. Art. 2729. That the name of Burdette street, in tl STREETS, SIDEWALKS AND GUTTERS. 1045 Seventh District, be and the same is hereby changed to Prague ave. _ ^ » Ord. No. 2811, Prague avenue. c. s. . Art. 2730. That the name of New, as now applied to caroiie street, ' ^ "^ Ord. No. 374a. the street running from Calhoun street to Exposition Boulevard, Sixth Municipal District, be and is hereby- changed to Caroiie, and the said street be hereafter known and designated as Caroiie street. Art. 2731. That from and after the passage of this Kerierecst. ordinance Washington street, from Bayou Road to Bayou c. s. " °* ^ ^' St. John shall be known as Kerlerec street, of which it is the continuation. That Dolhonde street shall be known as Dorgenois oorgenois st. street. That Union street in the seventh ward, Third Dis- Lafittest. trict, shall be known as Latitte street, after the memor- able buccaneer. Art. 2732. That the name of the street crossing St. Audubon st. Charles avenue, above Audubon Park, and known ate. s." °' ' ^' present as Chestnut street, be and the same is hereby changed to Audubon street. Art. 2733, That the name of Nashville avenue. Sixth Beauregard District, be changed and the name Beauregard avenue be ^ord" No. 7275, substituted for same. ^'^' Art. 2734. That the first street east of Esplanade ^^ goto street, street, extending from Bayou Road to Bayou St. John, c%^'^°'^^^^' Second and Third Districts, now Roquette, formerly Washington street, shall hereafter be known as De Soto street. That the street on the lake side of the Camp street couseum st. canal, between Melpomene and Clio streets, shall here-^c.'s!°''°'^°^* after be known as Coliseum street so that Coliseum street will extend uninterruptedly from Clio street to Felicity Road, and from Felicity Road to the Audubon Park. That the City Engineer be and he is hereby directed to -j^^^^ ^^ be have the name of the street placed in conformity with p'^^ed. ^^ the provisions of this ordinance. That any and all ordinances or parts of ordinances in Repealing conflict with the provisions of this ordinance be and the '^'*"^^* j^. same are hereby repealed. 1046 STREETS, SIDEWALKS AND GUTTERS. LINES OF STREETS. Piiie street. ART. 2735. (1) That the line of Pilie street, on the No^i.^i'^g. batture, between Thalia and Terpsichore streets, at and one hundred and forty feet (140) from Water street, and in continuance of Pilie street, as laid out from Thalia to Calliope street, be and is hereby approved, as per plan of the City Surveyor, dated November 3, 1879, and deposited at the office of the City Notary. Water street. Art. 2736. (1) That hereafter the western line of Nov.', Itfg.' Water street, between Henderson and Race streets, shalt be extended upon the batture so that the trapezium of land represented on said map as included between straight lines drawn from the point P to C, from C to Q, from Q to R and from R to P, shall be added to and made part of the square of ground bounded by Hender- son, Front, Robin and Water streets, and dedicated to the use of the riparian owners of said square ; and that the western line of said Water street, between Robin and .Race streets, to be extended upon the batture so that the polygon of land represented on said map, as included between straight lines drawn from the point T to M, from M to N, from N to V, from V to S and from S to T, shall be added to and made part of the triangle of ground bounded by Water, Front and Robin streets, and dedicated to the private use of the riparian owners of said square. Robin street. Art. 2737. (2) That Robin street shall be extended ^^' upon the batture in front of the foot of the same from the points marked S and R to the points marked T and Q, the straight lines joining said points S and T and R and Q being prolongations of the side lines of said Robin street ; that the foot of Race street be extended as aforesaid, by prolonging the said line thereof next to Robin street until it reaches the point M on said map ; and that the eastern side of Front street be prolonge from the point V, its present terminus, as far as the point N, situated on the above prolonged side line oi Race street. Art. 2738. (3) That the condition upon which thit STREETS, SIDEWALKS AND GUTTERS. 1047 ordinance is passed with reference to the change of the conditions.^ western line of Water street, between Robin and Hen- derson streets, so as to make the said line to be repre- sented on said map by the line marked P C Q, is expressly and emphatically understood to be that the ^ present riparian owners of said square bounded by Henderson, Front, Robin and Water streets, or their transferees, shall within one year from the date of the passage of this ordinance fill up with river sand, under the supervision of the Administrators of Commerce and Improvements and the City Surveyor, the batture in front of the line marked P C Q on said map to the level of the rest of the levee so that it shall measure at least one hundred feet between any point on the line P C Q and the woodwork of the wharves in front of the same, or if there are no wharves, to the line of the bulkhead forming the outer line of the levee — the object of this condition being to have a levee in front of the said line P C Q at least one hundred feet in width ; and it is further expressly made a condition of this ordinance that unless said filling shall be done within the time limited in this ordinance, the same shall be null and void, and ipso facto revoked, without any putting in default, and the line of said Water street immediately restored to the position occupied previous to the passage of this ordinance, to-wit: to the position represented by the line P R on said map, and that the city shall have the right, without notice and without compensation, to de- molish all buildings and construction made upon the trapezium of land marked P C Q R on said map. ALIGNMENT OF STREETS. Art, 2739. That the width of Carondelet, Baronne, carondeiet, ' Baronne, Dry- Dryades and Rampart streets, between Delachaise and ades and Ram- Amelia streets, is hereby fixed at (60) sixty feet, as es- ord. no. s'aoy, tablished in the original subdivision of the Delachaise tract. Art. 2740. That the City Engineer be and is hereby st. Peter st. directed to make the width of sidewalk on St. Peterai^-^"-^^^'' street between Rampart and St. Claude streets, adjacent 1048 STREETS, SIDEWALKS AND GUTTERS. to Congo Square, ten feet wide, and to increase width of street two feet in the said block. St. Philip, Art. 2741. That the uniform grades and levels on the Tonti, Bar- following streets hereinafter named, which have been Gr'kv^r "^ a n d approvcd and recommended by the City Engineer, be and Ord, No. 6399, the same are hereby adopted as the uniform and official grade of the city of New Orleans on said respective streets, in accordance with the provisions of Act 114 of 1886. Profile of St. Philip street from river to Clai- borne street ; profile of Dumaine street from river to Claiborne street ; profile of Tonti street from Rampart to Galvez streets ; profile of Barracks street from river to Marigny street ; profile of Orange street from river to Camp street ; profile of Gravier street from Baronne to Rampart streets ; profile of Dryades street from Com- mon to Poydras streets. oJd^No*^ ^6 '^^'^' ^^^^' "^^^^ the alignment of Howard street, from c. s. ' First street to Toledano street, be made to conform to the plan submitted by the City Engineer, providing for a banquette on either side twelve (12) feet wide, a neutral ground twenty-four (24) feet wide, with a roadway on either side twenty- six (26) feet wide. Canal street. Art. 2743. That from Metairie road, extending down c. s.' °'^'' 'to the end of the cemeteries, the alignment of Canal street be changed so as to provide for a neutral ground twenty-five (25) feet wide, with a thirty-feet (30) road- way on either side, and with a banquette twelve feet six inches (12-6) wide on the north side, and a banquette seven feet ten inches (7-10) as per plan submitted by the City Engineer. Art. 2744. That the City Engineer be and is hereby directed to at once proceed with the laying out of Canal street, according to the alignment hereinabove men- tioned. Art. 2745. That the action of the Council in thus changing the alignment of Canal street shall not be construed as dedicating to the cemeteries the portion of Canal street which is now being occupied by them. Provided, that the city will lay, at her own expense, a Schillinger pavement five feet wide in front of the ceme- A STREETS, SIDEWALKS AND GUTTERS. 1049 teries so disturbed. Provided further, that in considera- tion of the aforesaid improvement to be made by the city, the owner or owners of said cemeteries shall relinquish all their rights, etc., to the said portion of the banquette to be used as a roadway, under the terms and conditions of this ordinance. Art. 2746. That for and in consideration of the relin- quishing by the proprietors of the cemeteries all of their fjrd.^Nl.^slag, rights, title and interest in and to that portion of ground ^•^• which was taken for the realignment of Canal street, the city of New Orleans hereby assumes and obligates herself to the entire cost of the pavement which has been laid on Canal ^reet in front of the cemeteries, and further obligates herself to have laid and assumes the entire cost of Schillinger pavement six feet wide along both sides of Canal street in front of the said cemeteries between Anthony street and Metairie road, and also in front of the property of the Firemen's Charitable Asso- ciation on the river side of Metairie road, between Canal street and the New Canal. Art. 2747. That the City Notary be and he is hereby directed to draw up the necessary agreement carrying out the spirit and intent of this ordinance. Art. 2748. That Ordinance No. 7486, C. S., be and the same is hereby re-enacted. Art. 2749. That all ordinances or parts of ordinances in conflict with the provisions of the foregoing ordi- nance be and the same are hereby repealed. Art. 2750. That the alignment of Peters avenue, be- Peters ave tweeu the Mississippi river and Claiborne street, be c?s^' ^°' ^^^' ' arranged so as to provide a banquette fourteen feet (14) wide on each side of the street, a neutral ground directly in the centre of the street, having an extreme width of eighteen feet, and a roadway on each side of this neu- tral ground twenty feet wide, this width of roadway to * be from curb line of sidewalk to bounding line of neu- tral ground, all as per plan on file in the oflEice of the City Engineer. Art. 2751. That all ordinances or parts of ordinances Repealing in conflict with the provisions of the foregoing ordi- *'''"'**' "^ibl nance be and the same are hereby repealed. 1050 STREETS, SIDEWALKS AND GUTTERS. ^^Fifth District Art. 2752. That the City Engineer be and he is hereby Ord. No. 930s, directed to construct the roadway around the new levees in Fifth District in such manner as not to destroy the fruit trees or garden in front of Mr. Rutledge's planta- tion, provided a clear width of roadway of not less than fifteen feet is obtained. oS*No!'o"f76. ^^T- 2753. That the offer made by the several rail- ^- s- road companies of this city to reduce the base of Clay statue at their own expense be and the same is hereby accepted, that said base be reduced so as to appear as is shown by a print hereon pasted, to -wit : That the granite and railing left be delivered to the city at the expense of said companies, at whichever place be designated by the proper department of the government. "orTNo'V'Ss; ^^'^^ 2754. That the alignment of Howard street, ^- s- from First street to Toledano street, be made to conform to the plan submitted by the City Engineer, providing for a banquette on either side twelve feet (12) wide, a neutral ground twenty-four feet (24) wide, with a road- way on either side twenty-six feet (26) wide, ord°No^'jr*" ^^^- 2755. That in accordance with petition of prop- <^-s. " erty owners, the width of sidewalk on the upper side of Canal street, between Liberty and Claiborne street, be and is hereby fixed at eighteen feet. Art, 2756. That the City Engineer in giving lines for the graveling of this portion of contract for paving Canal street is hereby authorized and instructed to run the line of the street into the neutral ground, to such extent as may be necessary to conform herewith, and so adjust the cost of same as to bear equally on all prop- erty thus benefited, Henry Clay Art, 2757. That the roadway, or street proper, of avenue, mt mt r Ord. No. 10,243, said Henry Clay avenue, between St. Charles avenue and Victor street, be reduced in width to thirty feet from curb to curb, and that the sidewalks or ban- quettes on either side be correspondingly increased in width . Art. 2758. That due notice, as enjoined by act of the Legislature, No. 142 of 1894, be given and published of STREETS, SIDEWALKS AND GUTTERS. 1051 the intention of this Council to pave said roadway or Notice, street proper on said Henry Clay avenue, between St. Charles avenue and Victor street, as authorized and provided for by said act 142 of 1894, and under plans and specifications to be adopted in due and usual course. Art. 2759. That Pitt, Boudousquie and Jennet streets, Pitt. b o u - between Peters avenue and Joseph street, shall have jenner^streets. the widths and arrangements, and shall be located with c.'s.°' '°' reference to the centre of Prytania street between Peters avenue and Joseph street as enumerated below, and as more fully shown on the plan annexed to and made part of this ordinance. The centre line between the car tracks on Prytania street, between Peters avenue and Joseph street, is hereby established to be the precise centre line of Prytania street between these points. The centre line of Pitt street to be two hundred and fifty- one feet one inch and no lines (25rfeet 1 inch) from the centre line of Prytania street as established, and the ^'"y'*"'*^'^'"*^'' centre line of Boudousquie street to be two hundred and ninety-five feet seven inches and no lines (275 feet 7 inches) from the centre of Pitt street, as above estab- lished, and the' centre line of Jennet street to be one hundred and ninety-eight feet two inches and no lines (198 feet 2 inches) from the centre line of Boudousquie street, as above established. Pitt street, between Peters avenue and Joseph street, shall have a width between property lines of forty feet (40 feet). The sidewalks shall have a width of eight feet (8 feet), leaving a road- way of twenty -four feet (24 feet). Boudousquie and Jennet streets, between Peters avenue and Joseph street, shall have a width between property lines of thirty-two feet (32 feet). The sidewalks shall have a width of six feet (6 feet), leaving a roadway on each street twenty feet (20 feet) wide. Art. 2760. That the City Engineer be and is hereby Duty of city directed to send to each of the deputy city surveyors of ^"^'"^^'■• the city of New Orleans a copy of the plan annexed to this ordinance, and all deputy city surveyors are here- by directed to follow in every particular the plan in the laying out of property between these streets. 1052 STREETS, SIDEWALKS AND GUTTERS. Repealing Art. 2761 . That all ordinances or parts of ordinances lb. in conflict with the provisions of this ordinance be and the same are hereby repealed. Henry Clay Art. 2762. That the width of roadwavs and sidcAvalks avenue. xt /-» o^. No. 10,865, on Henry Clay avenue, between the river and Claiborne street, be and are hereby established as per Ordinance No. 10,243, C. S., establishing the width of sidewalks and roadway on Henry Clay avenue, between St. Charles and Victor streets. g^Jhoun street. Art. 2768. That the alignment of Calhoun street, c- s. from St. Charles avenue to Claiborne street, be changed so as to provide for a sidewalk twelve feet (12) wide from the property line to the curb line on either side of the street, leaving a roadway between curbs of twenty- six feet (26). City Engineer, ^rt. 2764. That the City Engineer be and is hereby directed to make the necessary plans for such alignment and to lay out the street in accordance with the provi- sions of this ordinance. ciausl.^^''"^ Art. 2765. That all ordinances or parts of ordinances ^^- in conflict with the provisions of this ordinance be and the same are hereby repealed. OPENING OP STREETS. Peters street Art. 2766. That his honor the Mayor be requested to from Poland to ./a Reynes. procccd at oucc to take the necessary measures to have Ord. No. 3509, ^ . "^ c. s. said street opened m accordance with the lines adopted by the City Surveyor, and designated upon a plan and survey now on file in his ofiice. City Attorney. Art. 2767. That in case legal proceedings be required to carry out this resolution, the City Attorney be in- structed to proceed by law, without delay, to compel the opening of said Peters street. cSmptoPertw ^^^- ^^^^- ^^^^ ^^ accordance with petition of citi- ^ord.No. 4298,zens, approvcd by the City Surveyor, the Commissioner of Public Works and City Surveyor be and they are hereby instructed to order the opening of Calhoun street • from Camp to Perrier street, and take such action as may be needful to effect the carrying out of such order. STREETS, SIDEWALKS AND GUTTERS. 1053 Art. 2769. That the Commissioner of Public Works Arabella street be and he is hereby instructed to take such action as itouias to may be needful for the opening of Arabella street from river? ^ ' ^ ^ • Tchoupitoulas street to the Mississippi river, c. s. " °' '^^ Art. 2770. That the Commissioner of Public Works Marignyirom Ge nt i 1 ly to be and he is hereby instructed to have Mariffny street, Bayou st. John '' in J J Ord. No. 6470, from Gentilly Road to the Bayou St. John, opened. c. s. Art. 2771. That the City Engineer is hereby instruct- ^^^ers street, ed to furnish without delay the necessary lines and t:- s. levels for the opening and widening and grading of said Levee or Peters street to a uniform width of forty feet from the base of the levee to property lines, with a roadway thirty feet and a sidewalk of ten feet on prop- erty lines. That he is hereby instructed to notify all property owners to remove all fences or other impedi- ments on the line of said Peters street within thirty days from date of notice. Resolved, That the Commissioner of Public Works is commissioner ' o f P u b 1 1 c hereby instructed to proceed without delay, at the ex- works, piration of above-mentioned notice, to the grading and ditching of said street. Provided, that said work shall in no manner interfere with the ballasting and con- tract therefor contemplated by motion of the Council. Art. 2772. That the City Engineer be instructed to certain streets, cause the following streets, which are now closed and c.'s.°''°'''"' belong to the public, to be opened. That he be in- structed to notify any and all parties occupying the same by fences, buildings or otherwise, to remove said obstructions within thirty (30) days from notice there- of ; and in case of failure at the expiration of the thirty (30) days, the Commissioner of Public Works be and he is hereby instructed to at once proceed to remove any and all obstructions at the expense of the owners there- of, viz. : Delaronde street from Reynes to Charbounet streets. Chartres street from Lizardi to Charbounet streets. Royal street from Lizardi to Charbounet streets. Burgundy street from Lizardi to Adams streets. Marais street from Reynes to Delery streets. L^rquhart street from Reynes to Delery streets. I 1054 STREETS, SIDEWALKS AND GUTTERS. Villere street from Reynes to Delery streets. Robinson street from Reynes to Delery streets. Claiborne street from Reynes to Delery streets. Forstall street from St. Claude to Claiborne streets. Lizardi street from St. Claude to Claiborne streets. Egania street from Dauphine to Claiborne streets. Andry street from North Peters to Claiborne streets. Lamanche street from Delaronde to Claiborne streets. Charbounet street from North Peters to Claiborne streets. Adams street from North Peters to Claiborne streets. Monroe street from St. Claude to Claiborne streets. Tricon street from St. Claude to Claiborne streets. Delery street from St. Claude to Claiborne streets. STREET IMPROVEMENTS. Laying gas Art. 2773. That in all cases where corporations orin- ?afiroad tracks, dividuals are permitted, in the prosecution of public A. s." °*'* 'works, such as the laying of gas or water pipes, building "^*'' '* or repairing of railroad tracks, etc., it shall be unlawful for such corporations or individuals to keep torn up and in disorder, whether passable or not, any street or streets at any given point for a period exceeding twenty days ; which period hereby fixes the limit within which such work on any of the streets shall be commenced and completed ; and for any violation of this ordinance such corpora- tion or individual shall be held liable to the city of New Orleans for a fine, hereby imposed, of twenty-five dol- lars ($25), for each and every day that such corporation or individual shall keep a street or streets, at any given point set forth, torn up or not fully restored to its usual and proper condition, beyond the limit of time herein fixed. Street re- Art. 2774. (2) That iu all iustauccs herein contem- ^^"^' lb. plated, the repair of the temporary injury to the streets] and their restoration to a proper condition shall berj under the control of the Administrator of Improvements,' whose duty it shall be in all instances to examine thej work, and if in his opinion the street or streets have not been properly restored, he shall notify the partiesi STREETS, SIDEWALKS AND GUTTERS. * 1055 concerned to further repair them and place them in Penalty, proper condition within a delay fixed in the notification, which shall be reasonable according to circumstances ; and for every day of delay beyond the delay given by the notice, before the street shall be finally restored or repaired, a fine of twenty-five dollars is hereby im- posed, recoverable before any court of competent juris- diction. Art. 2775. (3) That if the parties concerned, after Damages. ^^ the notification provided in section 2, fail to commence the work therein required to be done, within the delay therein fixed, the repair or necessary work shall be done at once by the city of New Orleans, through its proper department, at the risk and expense of the corporation or individual concerned ; and, in such event, a fine or liquidated damages of twenty-five dollars per day, until the completion of the work from the date of original notification, shall be recoverable in favor of the city before any court of competent jurisdiction, and a judg- ment in favor of the city for cost and expense of repair shall be conclusive evidence of the fact of default on the part of the defendant. Art. 2776. (4) That it will be made the duty of the Duty of Ad- ,. ,1,1 o ministrator of Admmistrator of Improvements to see tlaat the terms of improvements, this ordinance are complied with ; and he shall in everj'^ instance notify t-he Mayor of the city of any violation thereof, who shall then order the necessary legal proceedings. Art. 2777. (5) That all other ordinances relating to Repealing the subject matter hereof are expressly retained in force, * ib. except in so far as they may conflict herewith, and to that extent they are hereby repealecl ; this ordinance to go into effect on and after its passage. Art. 2778. That whenever publication of petitions costofaci- .11, . .1 . vertisements. tor making or improving sidewalks, opening, widening o/d. No. iss^ and extending streets are required, the Administrator of June. 1870. Improvements is authorized to require payment for such publications to be made or secured by the petitioners. Art. 2779. That the Commissioner of Public Works be and is hereby directed to notify every property 1056 STREETS, SIDEWALKS AND GUTTERS. Dutyof Com- owner on Henry Clay avenue, between St. Charles ave- missioner of Public Works nne and Victor street, to proceed and place the neces- avenue. sary scrvlce for water and gas to connect with the mains c. s. * ' ' now laid on the street with his property prior to the lay- mg of the permanent pavement. Pavement not Art. 2780. That this pavcmcnt after being laid shall ° ^ ^ ""^ lb! not be disturbed for the making of any connections to private properties with gas or water for a period of five years after the pavement is completed. City Engineer Art. 2781. Whereas, There is a vast amount of vitri- ard of vitrified fied brick pavement being laid in different parts of the ord. No. 11,230, country and a large amount of said pavement being laid Sept. 3, 189S, in this city; and. Whereas, There are contractors from all parts of the country competing for contracts in this city, and sub- mitting samples of various bricks for the said paving : and. Whereas, It is essential that the property owners of this city should profit by the experience of others as well as our experience with such pavement; and. Whereas, It should be of great benefit to the property owners of this city that a certain standard should be established and maintained in order to get the best brick for our street paving, therefore be it Resolved, That the City Engineer be and he is hereb\ directed to report to this Council which brick or bricks in his judgment, based on the experience he • has had and the information he has received, are best suited to stand the traffic of our streets, and that he re- port to this Council as early* as practicable, standard brick. Art. 2782. That the following named bricks shall be or^.No. I. ,522, ^^jQp^g^j ^g ^ standard for all vitrified brick street paving, they having stood the test and being so reported by the City Engineer : Kentucky block, Coaldale, Hocking Val- ley block, and Harris paver, and in future all specifica- tions shall call for said brands, and no brick unless equal or superior thereto shall be considered. Art. 2783. That in future, when ordinances are intro- duced under Act 119' of 1886, for the paving of any street, no reference shall be made to the quality of Oct. 29, STREETS, SIDEWALKS AND GUTTERS. 1057 pavement to be used, and the property holders shall. Designation sixty days after the publication of said notice of inten- men" ° ^^''^ tion, in which to designate the kind of pavement c. s. * they desire to have laid on said streets ; failing to do so ""^ ' ' within the said sixty days, the Council will order said street or streets paved with such material as they may see fit. Art. 2784. That the clause in the general specifica- Amending spe- . T . „ 1 . . cifications for tions for gravel paving providing for the retaining of gravel, twenty-five per cent, from the contractor be and thec. s. the same is hereby annulled and rescinded, and shall be stricken from said specifications in any future contract as to gravel pavement, and only a bond shall be re- <|uired. Art. 2785. That this ordinance shall take effect Repealing . TUT. clause. from and after its passage, and all ordinances contrary ib. to and in conflict with same be and the same are hereby repealed. Art. 2786. That the Mavor be and he is hereby au- Washington . -,.,". avenue repairs. thorized and directed to enter into notarial contract with ord. No. 5501, c. s. the Kosetta Gravel Paving and Improvement Company to Aug. 4, 1891. keep in good order for five (5) years Washington avenue, from Magazine street to Carrollton avenue, commencing July 14, 1891, in accordance with specifications on file in the office of the City Engineer and as per their bid of June 15, 1891. Art. 2787, That the Mayor be and he is hereby di- . Paving wash- '' •' iiigton avenue. rected to enter into notarial contract with the Rosetta ^'^^' No. agSgr Gravel and Improvement Company, for the grading and J""* s, isss. graveling of Washington avenue, from Magazine to Carrollton avenue, in accordance with specifications in the office of City Surveyor, and to be made part of the i'ontract. Art. 2788. That said contract shall embody all of the clauses in the present contract which it supersedes, ex- cept where they conflict with the new specifications and the price for which the work is to be completed, which is hereby fixed at forty-five thousand dollars, payable thirty thousand dollars, as provided for by Ordinances 2091 and 2221, C. S., and fifteen thousand dollars out of Suspense Account of the year 1885, k 1058 STREETS, sid:^walks and gutters." Art. 2789. That it is expresslymiderstood and agreed between the contracting parties that the signing of the contract herein provided annuls and abrogates the con- tract for same work, dated September — , 1887, and neither party shall have any claim against the other for any work done or act performed under aforesaid former contract, oecatur^streg. ^UT. 2790. The paviug of the street with square block ■c- s. ^ ' will extend to the property line on the Decatur street Nov. 14, 1S93. f L- ^ side of the Fish and Vegetable Market, and the grade to be such as to abolish the necessity of any gutter on the river side of this street. Arranerement Art. 2791. That the City Engineer be and is hereby !"• directed to have the grades of the streets so arranged as to pave on an incline from the centre of the street di; rectly to and against the property line in front of the Fish and Vegetable Market, all in accordance with a plan submitted with and forming a part of this ordinance. Intersection Art. 2792. That an intersection be placed in front of ^crossSt. Charles avenue, the Toadway uow being built through the land of the Ord. No. 8966, -^ A IT <3. s. Crescent City Improvement Company across the neutral ground on St. Charles avenue. City Engineer. Art. 2793. That the City Engineer be and is here- by directed to prepare plans and specifications for the construction of this intersection. obstruction of streets. Obstruction Art. 2794. (1) That it shall be unlawful for any Ord. No. 4797. jperson or persons to encumber or obstruct any of the Amended by streets, gutters, public roads, public grounds, public •c.'^s". °' 'squares, public places or promenades, banquettes or or^d.^'i^o! 4937, sidewalks of the city by depositing in or on the same Oct. 29, 1889 any box, bale, hogshead, barrel or any goods, wares or merchandise, or any article whatsoever, except for the necessary time of loading or unloading the same, and provided that no merchandise shall be packed or un- packed on any sidewalk, nor shall it be lawful to occupy any portion of any street, avenue, alley or sidewalk with any stand (in the common accepta;tion of the term), STREETS, SIDEWALKS AND GUTTERS. 1059 table, shelving, wagon or cart, for the purpose of selling oroffering for sale any fruits, nuts, candies or other mer- chandise ; provided, the above shall not be so construed as to prevent persons dealing in fruits, candies, nuts or other merchandise, and who shall rent stores, frojn occupying the walls of their respective stores, and the sidewalks on which they front for a distance of twenty (20) inches from the wall of their building; provided further, that this section shall not apply to book, news- paper or fruit stands, located on any sidewalk, not less than ten (10) feet wide from walls of buildings to curbs, and against the outside wall of any building upon the following conditions : First — That the sidewalk shall not be occupied to any greater extent than merchants are allowed to occupy with their merchandise. Second — That they shall only be permitted at such places when the occupants of the building consent thereto. Third — That the owners of said book, newspaper or fruit stands shall pay a merchant's tax and license therefor. Art. 2795. Provided, that for the purpose of facilitat- ing commerce, the City Surveyor may issue permits for the covering of gutters on such streets as may be suffi- ciently wide to warrant same on plans and specifications approved by the City Council. .-"^ • Nor shall boards for advertising purposes be permitted a d v ertising to stand against or attached to fences, houses, or attached to awning-posts on the banquettes, so as to obstruct or disfigure the sidewalks, and should any person or persons having charge of the same, after having been notified by the Commissioner of Public Works or any officer of the city police of the city, fail to remove said obstructions within the period designated in said notification, then it shall be the duty of the Ward Superintendent or Inspector, under the direction of the Commissioner of Public Works, or any officer of the city police, to make affidavits against the person or persons so offending, before the Recorder of the district within whose jurisdiction the offence is committed. 1060 STREETS, SIDEWALKS AND (^UTTERS. Penalty. That wlioGver shall violate the provisions of this- C.S.' ° "* ^'ordinance shall be subject to a fine not to exceed twenty- **^' ' ' ' ■ five dollars or imprisoned in the parish prison for a term not to exceed thirty days, or both, or imprisoned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the oifence is com- mitted ; provided, that the fine shall not exceed twenty- five dollars for each offence, nor the imprisonment more than thirty days. Unclaimed ART. 2796. (2) That the obstructions referred to in lb. section 1, when the owner is in default, and any such obstructions for which no owner or claimant can be found, shall be removed by the employees of the Depart- ment of Improvements, properly deputized to do the same, to the public pound or to a public warehouse of the district wherein the obstruction may be in contra- vention of this ordinance, and if the property be not identified and claimed within five days thereafter, it shall be the duty of the Administrator of Police to advertise and sell it, as provided for in the case of estrays, vehicles, etc., and that all expense in making said removal shall be paid by the owner or owners of said obstruction, or by Ihe Admin- istrator of Police, from the proceeds of the sale of the same. Buiidings.re- Art. 2797. (3) That from and after the 18th Decem- pairing, erect- ^ ' iBg, etc. ^^ i^er, 1878, it shall be unlawful for builders, owners, contractors, or any other person or persons, whei engaged in repairing, erecting or constructing any horn or building within the limits of the city, to deposit an; materials necessary for the same in any manner so as occupy more than one-third of the width of the street anc ipore than one-half of the width of the banquette oil sidewalk, both nearest to the house or building beinj| repaired or constructed, and fifteen feet on each side said house ; and in all cases the builder, owner or conf tractor, before depositing such materials upon the por^ tion of the street as is authorized by this section, ii required to construct a bridge over the gutter so as n( lb. STREETS, SIDEWALKS AND GUTTERS. 1061 to obstruct the flow of water or prevent the gutters Duty of em- ^ ^ ployees of Ad- frora beiusr easily cleaned. Should any person or per- ministrator o t " -^ -'^ \ Improvements. sons violating the provisions of this section, after having ib. been notified by the Commissioner of Public Works, or any person properly deputized to represent him, or by any officer of the city police, or any person properly deputized to represent him, fail to remove said obstruc- tions within the period designated in said notification, then it shall be the duty of the ward superintendent or inspector, under the direction of the Commissioner of Public Works, or any officer of the city police, to make affidavits against the person or persons so offending before the Recorder of the district within whose juris- diction the offence is committed, and upon conviction said offender or offenders shall be fined not more than twenty-five dollars, nor less than ten dollars, and in default of payment of said fine be imprisoned for a period of time not exceeding thirty days, nor less than five days. Art. 2798. (5) That if any contractor, builder or Builders to I • j.T_ • • • ■ £ 1, ij remove stone, owner who may, in the raising or repairing of any build- brick, mortar, ing, deposit stone, brick or mortar, debris, etc., upon ib. the street or sidewalk, fail to remove the same, after having been notified so to do by the Administrator of Improvements, or any person properly deputized to rep- resent him, then it shall be the duty of the ward super- intendent or inspector, under the direction of the Ad- ministrator of Improvements, to make affidavits against the person or persons so offending, before the Recorder of the district within whose jurisdiction the offence is committed, and upon conviction, said offender or offen- ders shall be fined not more than twenty-five dollars nor less than ten dollars, and in default of payment of said fine be imprisoned for a period of time not exceed- ing thirty days nor less than five days. Art. 2799. (6) That the obstructions referred to in Debris to be section 5, when the owner is in default, and any such purposes. '"^ obstructions for which no owner or claimant can be found, shall be removed by the employees of the De- partment of Improvements, properly deputized to do the Penalty. 1062 STREETS, SIDEWALKS AND GUTTERS. same, to any street requiring repairs and where such material will be available for filling purposes, other- wise to be removed to the proper dumping ground. Duty of Po- Art. 2800. (7) That it shall be the duty of all the lb. members of the Crescent City Police to report, through their proper officers, to the Department of Improvements any and all violations of the foregoing sections of this ordinance. GRADING AND DRAINAGE OF GUTTERS. Regradingof Art. 2801. That whcncver one-half of the owners of May.'isso. real property on any single square fronting on a parallel street shall by petition, signed by the petitioner or peti- tioners, and addressed to the Council, ask for the regrad- ing of the gutters of said square, so that the flow of storm or other water may be rapid and uninterrupted from the centre of said square to each corner of the next perpendicular street above and below, the Council shall, by resolution, order said regrading to be done in accord-- ance with lines • and levels to be furnished by the City Surveyor, and the whole cost of said improvement shall" be borne by the owner or owners of real properties front- : ing on said street in equal proportion , according to the ^ iTinning foot frontage, curbing.etc, Art. 2802. Thatthat part of Ordinance No. 3738, CouD-l ofcertain . . i streets. cil Scrics, relative to the curbing, guttering and counteri Ord. No. 3952, ' !r> 5 to >-. j c. s. curbing of Foucher, Calhoun and Esplanade streets wit stone, as well as all similar parts of subsequent ordi| nances relating to the paving of other streets, be anc are hereby repealed. Curbing, etc., Art. 2803. That all curbing, guttering and couiiteij tLf to remain.' curbiug, uow cxistiug in good condition on such streets ^^ shall be allowed to remain ; provided, it is on the prope line and grade. If it is not it shall be relined, or r€ graded, at the cost of the owner. Material o 1 ART. 2804. That whcu part of a block is without curl new work. ^^ ^^^^ guttering or counter curbing, or where they requii removal in the judgment of the City Surveyor, the quired new curbing, guttering and counter curbing shal be constructed of such material as is most largely us( in said block. STREETS, SIDEWALKS AND GUTTERS. 1063 Art. 2805. That when, in any block, there is no curb- wood, ing, guttering or counter curbing, they shall be built of wood; provided, that if property holders owning a ma- jority of the frontage on any block agree on the use of any material for the curbing, guttering or counter curb- ing of said block, such material shall be used through- out the block for all parties joining in such agreement, and for all new curbing, guttering and counter curbing to be built, or old to be rebuilt. This agreement must be made and communicated to Property " /-,<-, holders' discre- the contractor, or the City Surveyor, before the worktion. commences on the block ; provided, that any property holder in any block shall have the right to use, at his discretion and cost, curbing, guttering and counter curb- ing of better material, or workmanship, in the judg- ment of the City Surveyor than is directed above. Provided, That such parts of wings as are in front of wings, properties shall be of such materials as the city, through the City Surveyor, sees fit to use "for the other parts of said wings in the intersections. Provided, That whenever, after the paving of any street, any curbing, guttering or counter curbing, shall, in the opinion of the Commissioner of Public Works, require renewal by reason of decay, or other cause, it shall be replaced with stone, artificial stone or brick, in cement, according to the general specifications of such work. In case of the refusal of any party to com- ply with the terms of this proviso on such notification of the Commissioner of Public Works, he shall be liable Penalty, ' ID. to. a fine of $2 per front foot of the property on said street, to be collected before the Recorder of the district in which the property is located. Art. 2806. The proceeds of this fine shall be expended by the Commissioner of Public Works in properly executing the work, and any balance thereof shall revert to the material fund of the Commissioner of Public Works. Provided, That this shall not apply to Canal, Dryades t(^°ce°rt*a^n and Esplanade .streets. streets. ^^ 1064 streets, sidewalks and gutters. Right of Way. ambulances. Hospital Am- Art. 2807. (1) That the right of way through the ord. No. 978. streets, roads and upon the levees within the city limits, Oct. 7, 1SS4. is hereby granted to all ambulances and other vehicles used for the transportation of the sick and wounded by the Charity Hospital, subject only to the right of way given by existing ordinance to the Fire Department, and all other vehicles of every description are hereby re- quired to move out of the way and give the road to such ^ , ambulances and other vehicles used by the Charitv Hos- Penalty. "^ pital for the purpose stated, when made aware of their approach, and in case of neglect or refusal so to do every driver of such vehicle shall, upon arrest and con- viction before the police court of the district, pay a fine of ten dollars, or in default thereof be imprisoned for twenty days. Rate of speed Art. 2808. (2) That the said ambulances and other * vehicles of the Charity Hospital shall be permitted to drive through the streets and other thoroughfares of the city at such rate of speed as may be deemed necessary ; provided, that all such vehicles shall be furnished with alarm signals, bells or gongs of sufficient size to give notice of their approach. See Fire Department. Right and Left Roadway. avenue, « t . Charles Art. 2809. That from and after the passage of this Marf"i6, 1886. Ordinance, cabs, hacks, carriages and all other vehicles, public or private, which are driven on any part of St. Charles avenue, between Lee Circle and Louisiana ave- nue, when going toward Carrollton, shall keep to the wood side or right of said street, and when returning shall keep to the river side or left of said street. Leftside. ART. 2810. That the owner or driver of any vehicle in contravention of this ordinance shall be liable to a fine from five dollars ($5) to twenty-five dollars ($25)^ Penalty. ^^ ^^ imprisonment at the discretion of the Recorder f roiH five (5) days to thirty (30) days. STREETS, SIDEWALKS AND GUTTERS. 1065 Art. 2811. That the Commissioner of Police and c o mmissioner of Police. Public Buildings be and he is hereby directed to cause n». the necessary notice to be posted along said street for the guidance of all persons driving vehicles on said street. Art. 2812. That from and after the passage of this canai street, ordinance, cabs, hacks, carriages, and all other vehicles, the*'right*'and public and private, which are driven on any part of sept , 1873. Canal street, between Claiborne street and the Metairie * ' ***"' ridge, shall, when going toward the river, take that side of said Canal street which is in the First District, between the neutral ground and the sidewalk, and when going toward the Metairie ridge they shall take that side of said street which is in the Second District, between the neutral ground and the sidewalk. Art. 2813. That the owner or driver of any vehicle Penalty, which shall be driven on Canal street, between Clai- borne street and the Metairie ridge, in contravention of this ordinance, shall be liable to a fine of ten dollars, recoverable before any court of competent jurisdiction. Art. 2814. That the Administrator of Police be and sign bo*rd. is hereby authorized and instructed to have placed on Canal street, in conspicuous positions, two sign boards on Claiborne street, two at Broad street, two at Hagan avenue, two at Carrollton avenue, and two at the ceme- teries, notifying persons driving on Canal street of the side they are required to take and the penalty for every violation of this ordinance. Art. 2815. That all streets, avenues or public high- Neutral ways within the city limits having neutral grounds or^or"d°No. 5658, car tracks in the centre of same, with sufficient roadway Oct. 6, 1891. on both sides of said neutral ground or car tracks for use as public streets, be and they are hereby constituted right and left roadways, for the purpose of riding or driving thereon. Art. 2816. That it is hereby made unlawful to ride or umawfui to drive any animal or vehicle on such roadway, except to ceruln^s^dra."" the right of such neutral ground or car track. **** Art. 2817. That any person or persons violating the provisions of this ordinance shall be fined by the Re- Ib. 1066 STREETS, SIDEWALKS AND GUTTERS. corder iu whose district the offence shall have been com- mitted not exceeding twenty-five dollars, or, in default of payment of said fine, imprisonment not exceeding thirty days. Poydras Art. 2818. ' That on and after the passage of ord. ko. 9245, this ordinance all vehicles traversing Poydras *May 33, 1894. street, on both sides of the market, will be subject to the following regulations, excepting the vehicles be- longing to business houses thereon : All vehicles going toward the swamp will use the lower or north side of the market, and those going toward the river will use the upper side or south side of the market. Any vio- lation of this ordinance shall be punishable by a fine Penaltv. ^ "^ and imprisonment not exceedmg $25 or thirty days' im- prisonment, said fine to be recoverable before any court of competent jurisdiction. Ord. Xo. 4463, C. S., repeals Ord. Xo. 3415, C. S. Unlawful to Art. 2819. That it is hereby made unlawful for the drive on cer- "^ tain streets, drivcr of any dray, float, wheels for the hauling of tim- Ord, No. 5C09, J .1 1 1 to c. s, ber, stone, machinery, etc, or other vehicles without Jan. 6,1891. ' ' . -7 ' ^ springs, to drive such vehicle on Erato street, between Annunciation and Camp streets, except for the neces- sary loading or unloading of such vehicle on Erato street, between the points designated, in which case they shall only use such portion of said street as is comprised within the point of such loading or unloading and the nearest intersecting street. Penalty. Art. 2820. That the driver of any vehicle contraven- ing the provisions of this ordinance shall be arrested and fined not less than ten or more than twenty-five dollars, or in default of payment to imprisonment for not less than ten Or more than thirty days by the Re- corder of the district, street pilings. Art. 2821. That uo pcrsou or persons, or corpora- c.'s. ■ ' 'tions, shall in the future dump or deposit any debris or ' street pilings of any character whatsoever, on any dirt streets between Toulouse and Julia streets and Claiborne street and the river. Art. !4822. That the said debris, street pilings, etc.. I STREETS, SIDEWALKS AND GUTTERS. 1067 shall be dumped or deposited on dirt streets outside of Claiborne street, between Julia and Toulouse streets, under the supervision of the Commissioner of Public Works. Any person, persons or corporations found guilty of violating the provisions of this ordinance shall Penalty. ^^^ be fined, upon conviction before any competent court having jurisdiction, for each offence, the sum of $25, or suffer imprisonment for a term of thirty days. Art. 2823. That the Commissioner of Public Works ex- Dumping grounds. amine into the expediency of establishing in the rear of Ord. No, 2936, each district of the city, a dumping ground, by purchase Mky 8, isss. or by contract of owners, and remote from thickly set- tled localities, where the garbage, etc., of the district shall be deposited and deodorized, and when suitable shall be used by the Commissioner of Public Works for filling and grading and repairing dirt streets in the suburban districts, and should the accumulation be in excess of the wants of this department, may be sold by order of and under instructions of the Council, pro- ceeds of sale to be placed to credit of improvement fund and used as may be required by that department, and that each dumping ground shall be under the supervision and care of the superintendent in which said dumping ground is situated. Art. 2824. That Ordinance No. 2116, A. S., and Or- . street scrap- dinance No. 108, C. S., in reference to allowing parties '° ^' ' ib. to haul away street scrapings, be and the same are hereby repealed, and that it shall be unlawful for any person to remove the street scrapings, garbage or earth dirt for the object of filling lots or sidewalks, or any other purpose ; that the Commissioner of Public Works shall cause the arrest of any person known to have carted or hauled away the above described material, and such offender shall be punished as hereinafter pro- vided. All street cleanings and excavations shall be de- posited in the nearest material depot, these to be kept for the use of the Department of Public Works. Art. 282.3. That any party or parties violating the penalty, provisions of this ordinance shall be deemed guilty of a ^^' misdemeanor and subject, on conviction, to a fine of not 1068 STREETS, SIDEWALKS AND GUTTERS. more than twenty-five dollars, collectible before the Re- corder of the district in which the offence was committed, and in default thereof to imprisonment for a period of not more than thirty (30) days. Repealing Art. 2826. That all ordinances in conflict herewith are hereby repealed, and that this shall have full force and effect from and after promulgation. Trees. OrT^No I o ^^'^' "^^^* ^^^ Shade trees may be planted on the **b^ec 2 i8 6 si default thereof, for every such contravention, recover- able before the Recorder's court having jurisdiction of the district wherein the offence is committed, ACTS OF THE LEGISLATURE. Section 1. Be it enacted by the Senate and House of Eepresen- tatives of the State of Louisiana, in General Assembly convened That if any person or persons shut up, by means of a fence or any Mayor, other obstruction, any street or public way, acknowledged as such, and of which the public shall be in actual possession in the city of >ievv Orleans, either in the city itself or in the incorporated or unincorporated faubourgs, the Mayor shall liave the power, upon the fact -being made known to him by an aftidavit 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 destroy 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 fence or other obstructions to be removed or sold, if said objects are salable, upon inserting a notice to that effect, in English and French, in two of the news- papers of New Orleans. Acts of 1830, p. 114. Act 135 OF 1894. 'J'o prevent the tearing up of public streets, except under certain conditions and to promote the public health; also to provide penalties for its violation. Section 1. Be it enacted by the fren^ral Assembly of the State of Louisiana, That it shall be unlawful for any person, firm, con- tractor, or corporation to tear up any street in any "city for the Relative to purpose of laying tracks, sewer pipes, gas or water pipes, or^'^j '^*^u"b'f i"'' other work of like character which might necessitate digging and streets, overturning the earth of said streets, from May 1 to September 1 in each year, except under the following conditions, to-wit: Provided, that the contractor, builder or persons carrying on such work shall not tear up, interrupt or obstruct more than three blocks of any mile of street at one and the same time; pro- proviso vided, that permission be first obtained from State Board of Health to conduct such operations during such season, under its supervision. Sec. 2. Be it further enacted, etc., That any contractor, fore- man of contractor, superintendent or other persons who shall violate this law shall be forthwith arrested, and on conviction Penalty, shall be fined not less than one hundred ($100) dollars, or imprisonment for not less than sixty days, at the discretion of the court, for each offence. Paving of unpaved streets. See section 32. City Charter, see p. 25; Act 113 of 1886, see p. 42. 1080 STREETS, SIDEWALKS AND GUTTERS. Xew paving for paved streets. See section 33, City Charter, see p. 76. Opening of streets. See section 34, Citj- Charter, see p. 27. Publication of petitions for paving, etc. See section 35, see p. 27, City Charter. Repair of streets. See section 36. City Charter, see p. 28. Eight of Council to provide for paving of streets. See section 37, City Charter, see p. 28. Amended by Act 119 of 1886, see p. 44. Amended by Act 142 of 1894, see p. 45. , Authority to establish uniform grade of banquettes. Act 114 of 1886, see p. 39; section 8, City Charter, see p. 42. DECISIONS OF SUPREME COURT. 1. The municipal authorities are bound to preserve unobstruct- ed, 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 pub- lic, 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 ♦^he property for the public convenience, etc.. is legal. 2 R. 491. 3. The Council may order the removal of works and the demo- lition of buildings that interrupt or impede the use of the public ways and the banks of the river (4M. 10. and pp. 2 and 3 La. 563). And the power of regulating the public ways and maintaining order thereon is in the Council. 5 An. 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 can not be compelled to pay any por- tion of the cost of paving done in front of their property, unless such paving was desired to be done by a special ordinance, after notice given to the parties interested. 8. R. 198. 6. The corporation has no power to take the property of in- dividuals 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 corporation has 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 An. 73. 8. The charge imposed by ordinance for paving sidewalks is not a tax, and institutions exempt from taxation will have to pay it. 4 An. 1. 9. Public streets and roads can not be appropriated to private uses. 3 M. 303. STREETS, SIDEWALKS AND GUTTERS. 1081 10. The right of soil in public roads is vested in the public, and such a road can not 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 (grand chemins) is vested in the whole nation, but public roads (chemins publics) may be made on land subject to private ownership. 3 An, 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 can not de- prive the public of the right of use at their own pleasure, or im- pose any legal limitations on it. 18 La. 122. 178.295; 13 La. 331. 12. Xo 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 An. 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, pro- vided he do not prevent the use of it by others; and he may con- fer upon a lessee the same right. 8 R. 211. 14. The property of the banks of the rivers is in those who pos- sess the adjacent lands, and they have a right to prevent the un- lawful use of them by the agents of the public. 4 An. 30. 15. Public places within the limits of a corporation can not be appropriated to private use. 2 An. 770. The sovereign alone has the power of changing the destination of public places. 3 An. 230. 16. Within the limits of incorporated towns the municipal gov- «i-nments 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 in- dividuals to private purposes, such as woodj-ards and the like. 5 An. 36. 17. Squares, or other places of land, left vacant on the plan 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 dedi- cation, implying a promise on the part of the owner that thej-^ should remain open. 5 La. 132; 9 La. 153; 16 La. 509; IS La. 286; 3 An. 282. 18. The city may remove, as nuisances, buildings which em- join on the line of the street. 1 M. 187. 183^. The owner of property, who divests himself of a title by dedication to public use, can not recover it. 7 An. 509. 19. The commissioners appointed under the act of 1832, p. 132, for opening and widening streets, are made the sole judges of the cases in which improvements are of so general a nature as to re- 1082 STREETS, SIDEWALKS AND GUTTERS. quire a payment of a portion of the expenges by the whole coni- inunity. 13 La. 325. An assessment is the peculiar province of commissioners, and, like the findings of a jury, should not be dis- turbed except for manifest error. L5La. 597. The court can, in no case, amend an assessment made by the commissioners. The report must be approved or rejected in toto; and in case of rejec- tion, the court is bound either to appoint new commissioners or to refer the whole matter back to the same. 4 R. 357; 4 An. 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 di- vested, until the assessments have been approved by the court. 4 An. 4; 5 An. 112; 11 R. 97; 12 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 pos- session. 2 An. 651. 22. When a person pulls down the barricades erected on the streets of the city by a paving contractor, and thereby causes the pavement to be injured before it is ready for public use, he is re- sponsible to the contractor for the damage he has caused. 6 An. 569. 23. The municipalities had the power to order sidewalks and gutters, and the proprietors of property in front of which such improvements were made are liable. 7 An. 25. 24. The city ordinance imposing upon the proprietor one- third of the expense of paving the street in front of his property is unconstitutional. 10 An. 59; 1 La. 1. 25. The municipality had authority to impose a portion of the cost for the removal 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 An. 57. (See Acts of 1856. Sec. 120, p. 164.) 26. In making the assessment under the act of 1832 (for open- ing streets) the only losses 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 An. 76. 27. Under the act of 1832 (for opening streets) there must be published in the newspaper a notice of the day on which the commissioners will present to the court their estimate and assess- ment for confirmation. 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 An. 377. 28. The assessment directed by the third section of act of 1832. p. 132 (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 An. 313. STREETS, SIDEWALKS AND GUTTERS. 1083 29. The banks of the river are public property, subject to be used by the public at large. 10 An. 171. And this ••bank''' is not necessarily conHned to the definition of the banks as given in Art. 448 of the Civil Code. 10 An. 523. 30. The act of 1832 for the opening of streets is not unconsti- tutional in cases where provision is made for the payment for the property before expropriation is effected. 7 An. 76. ^1. There does not exist either in the Legislature or in any subdivisions of sovereignty, a power of apportioning taxation for public purposes, whether of a general or local character, ex- cept on the principle of equality and uniformity. The act of 1S32. p. 132, which directs that the owners of all the lots adjacent to and fronting the part of the street to be opened shall be as- sessed for their respective portions .of the benefit derived from the improvement, and the act of 1847, p. 162, which provides for the owners of all property which may be benefited by opening streets, shall be bound for the amount of their proportions of the benefit, are unconstitutional, such assessment being unequal and not uniform. 9 An. 446; 10 An. 59. 32. The city is bound to pay her proportion of the expense nec- essary for the pavement of streets bordering on ground belong- ing to the city and laid out for a public promenade. 13 An. 319. 33. Proceedings were taken to pave a street in Xew Orleans; a majority of the property owners, by a petition to the Common Council, duly signed in time, opposed the improvement of the street; subsequently the majority opposing the improvement of the street withdrew their opposition, and the Common Council proceeded to pass the requisite resolution authorizing the sale and adjudication of the contract to pave: Held — That the proceedings were regular, and property owners on the street liable to pay for the paving as provided by law. 18 An. 710. 34. In a question of damages where private property is taken for public use, and the testimony is so conflicting that from it the court is unable to do justice between the parties, the case will be remanded to the court of the first instance, in order that the quan- tum of damages may be ascertained by a jury of freeholders. 19 An. 271. 35. A jury of freeholders have no authority to fix their own compensation for their services: they are governed by the rules regulating all other juries in regard to compensation. 20 An. 394. 36. Whei'c the city of Xew Orleans petitions for the opening of a street, and the experts are appointed to appraise the property taken for that purpose, and one of the owners of the property taken expresses his satisfaction with the price fixed by the ap- praisers of his property, the city is not bound by his approval as to him; she still has the right to show that the appraisement is 1084 STREETS, SIDEWALKS ANf) GUTTERS. too high. The order of the court contirming the appraisement is necessary to bind the city. 20 An. 497. 37. A contract with the city of Jefferson for curbing and gut- ter built on the sidewalk within the corporation is not a tax, toll or impost within the meaning of Art. 74 of the Constitu- tion of 1868. 21 An. 51. 38. Paragraph twelve of section seven of the charter of the city of Jefferson (laws of 1867, Xo. 57). requires that all contracts for opening, widening and improving streets authorized by the Common Council shall be adjudicated by the Comptroller under regulations prescribed by the Council to the lowest bidder. An adjudication by direction of the Council, by the Comptroller of a contract for paving one of the streets of the city with the Nichol- son pavement to a Arm or company having the exclusive right to make such pavement within the limits of the State of Louisiana, is in conflict with this provision of the statute ; and the owners of property fronting on the street, paved with this kind of pavement by a company liaving the exclusive right, can not be compelled to pay two-thirds of the cost of making the pavement. 39. The principle of competition enunciated by the statute must be observed by the Council in letting out contracts for the improve- ments of the streets, otherwise the owners of propertj' fronting on the streets improved can not be compelled to pay the charges assessed against them for making the improvement. 21 An. 143. 40. In dedication of lands for public use, no particular form need be observed; all that is required is the assent of the owner of the land, and the fact of its being used for the public pur- poses intended by the appropriation. 21 An. 244. 41. Private property can only be expropriated when it is necessary for the public use. The question, whether the prop- erty sought to be expropriated is necessary for the public use or convenience, must be judicially determined. 20 An. 308. 42. Property lying in the neighborhood of an improvement, whether taken or not, is liable to be assessed for the proportion of benefit derived from such improvement. 20 An. 497. 43. City is not responsible for damage done to front proprie- tor by changing the grade of streets. 11 An. 711; 13 An. 426. 44. The city has by its charter full power to regulate and improve the streets; and the nature and mode of such improvements are left to municipal discretion under judicial control. 14 An. 842. 45. The law requires that the signers of the petition to the Coun- cil for the opening of a street should possess a portion of the land on which the projected street is to be traced. Adjacen-t owners can not require the opening of a street wholly through their neighbor's property. 16 An. 394. 46. The city of New Orleans should be made to pay the value of the land taken by her for the purpose of opening a street. 28 An. 64. STREETS, SIDEWALKS AND GUTTERS. 1085. 47. The city of Xew Orleans, having elected to pursue the mode of proceeding for the compulsory transfer of property for public use, is bound thereby, and the verdict of the jury flxing the price to be paid for the same is conclusive where the proprietors do not complain nor desire to take advantage of the formalities. 20 An. 394. 4S. The city has the right to remove obstructions for public con- venience and benefit. 40 An. 474. 49. Section ] of Act 73 of 1876 is, by inspection, repealed by Sec. 32 of Act 20 of 1882, but the remainder of said act is in full force and operation. Pi-actically, there can be no effective competition at public auction for the award of a contract for street paving if the speci- fications of the City Surveyor call for a patented pavement. A vote of the property taxpayers is unnecessary to authorize a street improvement in the city of New Orleans; it is a matter within legislative discretion under the provisions of Art. 46 of the Constitution. Section 3 of Act 73 of 1876 makes the certificates of designated city officials prima facie proof of the contractor's compliance with the contract, and of his due performance of its obligations; and such contract, when evidenced by a notarial act, as prima facie proof of the due observance of antecedent forms and requirements of law; hence, the onus probandi is cast upon the resisting front proprietors to disprove the same. The majority of owners, within the meaning of sections 32, 33 and 34 of Act 20 of 1882. are construed by section 35 of that statute to the oioner or oioners of a majority of running feet of property fronting on the street, or portion of the street, to be paved;'" and this interpretation applies with equal force to the petitioning property owners as to opposing memorialists. The statute provides that a street shall be a unit for the pur- poses of all computations. The law fixes the proportionate share of the cost of paving, to be borne by the abutting property owners and the city, respec- tively, in case the work is done upon a neutral ground street, and there was no necessity of a provision to that effect being incor- porated in the specifications, or the contract; and same are not invalid for want of it. The right of the city to stipulate in a paving contract for the payment of eight per cent, per annum interest by a defaulting front proprietor on the amount due by him as his proportionate share of the cost of construction, is implied from her power to adjudicate the work and to make a contract therefor. The stipu- lation of any rate of interest not exceeding eight per cent, is an incident of the property owner's obligation, and is binding as any part thereof. 41 An. 251. 50. A street is a space dedicated to public use for the passage 10&6 SIDEWALKS. and circulation thereon of ordinary driven vehicles and animals i* cities and towns. A neutral or middle ground is a strip of land extending be- tween the streets or thoroughfares, which is not only not used, hut is prohibited from being used as a street, and which, not be- ing thusused, does not practically form part of the street proper. 42 An. 550. 51. A municipal corporation vested by law with control over it? streets is bovmd to keep the same in good order and condition, sufficiently safe to prevent iojury to travelers thereon. It may grant to a railroad company the privilege of building its tracks and running its cars thereon, with the obligation of keeping them in proper order and condition. Independent of its contract, such railroad company is bound to keep its own road, tracks and rails in proper condition and order. Travelers on the street have a right to use the tracks of the company and are not trespassers. 43 An. 327. 52. The City Council of New Orleans has a right to designate the material with which a street may be paved. The Council may reject anj- and all bids, but an arbitrary ex- ercise of such a right would not be justified, and courts would intervene to protect the taxpayer. The Council is vested with a certain discretion in rejecting bids which will not be controlled when exercised with prudence in the public interest. 45 An. 911. 53. The words of the city charter, which provide for the pun- ishment of any violations of city ordinances by fine and imprison- ment, refer to ordinances which the Common Council is author- ized in terms to pass and have executed in reference to the pres- ervation of the peace and good order of the city, and the main- tenance of its cleanliness and health, and they also extend to and embrace the ordinances and regulations the Common Council is authorized to pass with reference to obstructions in the public streets or alleys of the city, same being a necessary police regu- lation. Natchez alley, though not a street eo nomino, is a locus publicns, dedicated to public use, and comes within the terms of the stat- ute and the ordinance. 45 An. 1405. For other decisions, see "New Orleans," and '^Wharves."' SICKLES FUND— See Asylums and Trust Funds. SIDEWALKS — See Streets, Sidewalks, Etc. SUGAR SHEDS. 1087 SOUTHWESTERN BRUSH ELECTRIC LIGHT COM- PANY — See Electric Light and Power Companies. SCHOOLS— See Public Schools. SHOOTING GALLERIES. Shooting gal- Art. 2877. (6) It shall not be lawful for any person 'o^d.No. 3121. ■or persons to erect or in any manner establish or con-^-^* tinue any pistol or shooting gallery within the limits of the city of New Orleans, without having first obtain- ed the consent of two-thirds of the persons residing within one square of the place where any pistol or shoot- ing gallery is intended to be established, and the per- mission 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 pre- vent the report of firearms being heard in the street or streets on which the same may be located. SMOKE CONSUMERS— See Steam Engines. } SMOKING— See Offences. SUGAR SHEDS. Art. 2878. That the Mayor of the city of New Or- Appr»isemeni leans be and he is hereby requested to appoint an or'^J. isro. 9»S4, appraiser on behalf of the city of New Orleans, to ap- May tg, 1894. praise the sugar sheds, in accordance with section 4 of Ordinance No. 1528, N. S., and to notify the Sugar Shed Company to appoint their appraiser in accordance with said ordinance. That the finance committee be directed to investigate indeWtedmess how much is now due by said Sugar Shed Company to lb 1088 SUGAR SHEDS. the city of New Orleaas under said ordinance and their contract with the city. Comptroller Art. 2879. Whcrcas, under Ordinance No. 1528, N. Ord.rsTo.'fo.sos, 8., the city of New Orleans granted to Francis B. May 2S, 1895. Fleitas, for the term of twenty-five years, the right and privilege of using the public spaces in the Second Dis- trict, between Customhouse and St. Louis streets, for the erection thereon of sugar sheds for the shelter and storage of sugar and molasses ; and Whereas, Though the contract was entered into in 1869, granting these rights and privileges to said sheds for twenty-five years, the time for said rights and privi- leges to commence to run was designated to be the 1st of November, 1871 ; whereas, it is to the interest of the city and its commerce that said space and sugar sheds be leased as hereinafter provided. Deposit. Art. 2880. That the City Comptroller be and he i^ : hereby directed to advertise for ten days, in the ofELcial journal of the city of New Orleans, for the sale at publie auction for the exclusive rights and privileges for a term of twenty-five years of using the public spaces on the levee in the Second District of this city between Customhouse and St. Louis streets, commonly known as the sugar sheds and sugar landing, for the reception of sugar and molasses and rice. Agreement. Art. 2881. (2) That cach bidder, as a condition prece- dent to the receiving of such bid by the City Comptrol- ler, deposit with the City Treasurer the sum of $25,000 in United States currency, and shall at the time of the bidding file receipt therefor with the Comptroller, and no bidder shall be considered who has failed to file the receipt of the City Treasurer with the City Comptroller, showing that he has made such deposit. The deposits- of all unsuccessful bidders shall be immediately returned to them, and the deposit of the successful bidder be returned to him upon the signing and execu- tion of the contract to be made in pursuance hereof and the furnishing of bond and satisfactory securities as herein required. Art. 2882. (3) That the successful bidder shall agree, lb. SUGAR SHEDS. 1089 during the existence of said privilege, or lease, to keep said sheds and its approaches in good order and repair at his own expense. Art. 2883. (4) That he is hereby authorized to make Additions and ^ ^ '' alterations such additions and alterations as may be deemed neces- ib. sary to meet the increasing demands of commerce. Art. 2884. (5) That said bidder shall be allowed to charges. ^^ charge, during the term of said lease and privilege, not more than thirty-three and one-third cents for every hogshead of sugar, and not more than thirteen cents for every barrel of molasses, sheltered or stored under said sheds for each month or fraction thereof; and one charge, not exceeding 10 cents for each hogshead, and not exceeding 5 cents per barrel, in receiving, assorting storing and delivering same; and provided, that no other charge shall be made for shelter, storage or labor unless the packages aforesaid, after being under cover, shall change hands or owners, in which case said charges for such shelter or storage shall, as to the transferee or purchaser, be computed from the day of sale or transfer ; provided, that sugar or molasses, in other packages than hogsheads or barrels, shall be subject to pro raid cliarges for said shelter or storage. Art. 2885. (6) That the said bidder shall have the Rights. 'right of sheltering and storing away other goods from or for the vessels in port, or for other parties, while ^■awaiting shipment or delivery ; provided, that no other foods whatever that are combustible or liable to cause an explosion, fire or otherdamage, shall be stored under said sheds or thereabouts ; provided, that sugar and molasses shall have, at all times, the preference over all other goods, etc., for the storage thereof . Art. 2886. (7) That sugar and molasses shall, at any sugar and and all times, have the preference of storage or shelter f^renle? ^'^^ under said sheds and landing to the exclusion of any other goods or materials of any kind. Art. 2887. (8) That the contracting party shall fur- Bond, nish to the city of New Orleans a bond or other good security, conditioned for the faithful performance of his duties under said lease and privilege, and for the fur- 1090 SUGAR SHEDS. ther protection of all parties storing goods as herein allowed under said sheds. The amount of said bond or security shall be for the sum of twenty-five thousand dollars, satisfactory to the Mayor of New Orleans, the whole as prescribed in section 21 of the City Charter of 1882, and Act 135 of 1888. Payments.^^^ 'Art. 2888. (9) That bids for such privilege shall be for so much for the entire term of the lease, payable an- nually in advance, during the said period of twenty-five years. Insurance. Art. 2889. (10) That the Contracting party shall causc 'to be insured, at his own expense, for the benefit of the city of New Orleans, the said sugar sheds, floors, build- ings and additions or alterations therein for a sum satis- factory to the City Council, payable to the city in case of destruction by fire, including the lightning clause. Provided, that in case of loss or damage by fire or other cause the city shall immediately repair and re- store such loss or damage, and during the time required for such repairs and restoration a fair and ratable diminution shall be made in the amount due the city by the contractor. Reversion.^^ Art. 2890. (11) That at the expiration of said lease all of the improvements shall revert to the city of New Or- leans, on a valuation to be ascertained by two disin- terested persons, one to be appointed by the city of New Orleans and the other by the contractor or his assigns or successors ; and in the event of disagreement of said valuation between said parties thus appointed, a third person or umpire shall be appointed by the Civil District Court or its lawful successor, and the decision of said umpire shall be final. The contractor shall have the right to assign the lease to any person or corporation competent to hold and exercise the same. Art. 2891. (12) That the successful bidder shall agree to defend, at his own expense, any and all suits that are now pending between the city of New Orleans and the Sugar Shed Company, and to this end the City Attor- ney is hereby requested to furnish to said contracting^ party all the legal and other information necessary lb. J SUGAR SHEDS 1091 about the pending litigation in re the sugar sheds and sugar landings. Art. 2892. (13) The city reserves the right to reject any and all bids. Art. 2893. (1) That Francis B. Fleitas shall have and Grants of . rightsand en]oy for the period of twenty-five years the exclusive privileges, right and privilege of using the public spaces on theN. s.^, Aug.^ levee in the Second District of this city, between Cus-No.4492, a. s.^ tomhouse and St. Louis streets, commonly known as the Sugar Landing ; said spaces being designated on a plan of the City Surveyor, to be by him submitted to the Committee on Streets and Landings, on or before the 15th day of September, in the year 1869, for the purpose of erecting and constructing thereon fire-proof sheds for the reception and shelter of sugar and molasses, according to the plans and specifications of the City Surveyor on the day aforesaid, which sheds, with such arrangements for the transaction of business as may be convenient, are to be constructed on or before the 1st day of November, 1871, unless the construction be inter- fered with or prevented by extraordinary accident or calamity, from which time said privilege is to commence to run ; provided, that said Fleitas, immediately after the passage of this ordinance, shall have the right to enter upon and use the said spaces for the purposes of construction, as aforesaid. Art. 2894. (2) That the terms and conditions on Conditions, which said right and privilege are granted are the fol- lowing : (rt) Said sheds are to be erected with such accommo- Erect sheds, dations and conveniences for the transaction of business as may be necessary, by said Fleitas, at his own cost, and free of expense to the city of New Orleans ; and during the existence of said privilege he is to keep said sheds in good order and repair at his own expense. (&) The New Orleans Sugar Shed Company, as trans- charges, feree and successor of Francis B. Fleitas, shall be al- lowed to charge, during the term the privilege granted by this ordinance shall last (under the provisions thereof) a sum not exceeding forty cents for every hogshead of 1092 SUGAR SHEDS. sugar, and fifteen cents for every barrel of molasses, sheltered or stored under said sheds, for each month or fraction of a month that it shall be sheltered or stored ; and one charge, not exceeding ten cents, for each hogs- head, and five cents for each barrel, tor labor, in receiv- ing, assorting, storing and delivering the same, and no other charge shall be made for shelter, storage or labor, unless the packages aforesaid, after being under cover, shall change hands or owners, in which case said charges for shelter or storage, as aforesaid, shall, as to the transferee or purchaser, be computed from the day of sale or transfer; provided, that no charge whatever shall be made against the transferee or purchaser when the sugar or molasses transferred or sold shall be removed by such transferee or purchaser on the same day he acquired title ; provided, further, that sugar or molasses, in other packages than hogsheads or barrels, shall be subject to pro rata charges for shelter, storage and labor, Considera'ions. (c) The Said Ncw Orlcaus Sugar Shed Company shall pay to the city of New Orleans, as a consideration for said privilege, during the term aforesaid, ten per centum of the gross receipts for shelter or storage in any manner obtained by said company ; the said per cent, to be paid quarterly, on statements rendered under oath to the Treasurer of New Orleans; provided, that said sheds and the revenues or income derived therefrom, or from said privilege, shall not be subject to any municipal tax- ation whatever, during the existence of said privilege. Right of re- (^) In addition to the above consideration, the said version. sheds, at the expiration of said term of twenty-five years, are to be appraised at their then cash value in the manner following, one appraiser to be appointed by the said Fleitas or his representatives, successors or assigns, and the other by the city of New Orleans. In case of disagreement the two thus selected shall call in a third disinterested person as umpire, and the appraisement thus made shall be conclusive and binding on all par- ties, and the city of New Orleans shall have the option to take said sheds at one-half of said appraised value, or SUGAR SHEDS. 1093 of extending the privilege herein granted, on the same terms as those herein specified, for the further period of fifteen years ; except that at the expiration of said fifteen years said sheds are to revert to the city in full ownership, free of all cost. In case the city of New- Orleans, within three months after the expiration of said twenty-five years, shall fail or refuse to appoint an appraiser, it shall be considered as having exercised the option to extend the privilege aforesaid for fifteen years longer; and in case the said Fleitas, his representatives, successors or assigns, shall, within one month after the city shall have appointed its appraiser, fail or refuse to appoint an appraiser on his behalf, the city of New Orleans shall have the right of appointing two addi- tional appraisers, whose appraisement shall be final ; and said Fleitas shall receive one-half the appraised value of said sheds from the city. On the presentation of the decision of the appraisers provided for in this clause, and on the payment of said one-half of the said appraised value, the sheds and spaces on which they are erected as aforesaid shall be surrendered and trans- ferred to the city of New Orleans. Art. 2895. (3) That the city of New Orleans hereby Privileges, guarantees to said Fleitas, his representatives, succes- sors or assigns, during the term of this privilege and its extension, the following: (a) The undisturbed possession of said public spaces and the sheds thereon erected. (&) That the present landing for sugar and molasses shall remain where it now is, and as designated on the plans aforesaid. (c) That no other landing for sugar and molasses shall be established or allowed for the city or port of New Orleans. (d) That no other privilege for the reception and shelter for sugar or molasses shall be granted by the city. Art. 2896. (3) That the sugar and molasses landed Owners' con- at the places set apart for the sugar landing, and not left thereon in contravention of city ordinances, shall 1094 SUGAR SHEDS. not be placed under the sugar sheds against the consent of the owners ; but nothing herein contained shall be construed to affect paragraph 2 of section 3 of said Or- N umber of ^ji^^nce No. 1528, New Series. sheds. ' Art. 2897. (4) That in case the sheds erected under the provisions of this ordinance should not be of suffi- cient capacity to meet the demands of increased pro- duction or the requirements of commerce, the said Fleitas shall have the right to increase the number of sheds, said additional sheds to be erected on such spaces as the city may designate, and on such terms as may be agreed on ; provided, that if said additional sheds are erected within ten years from the 1st of November, 1871, the cost thereof is to be paid by said Fleitas, his repre- sentatives, successors or assigns, and said additional sheds are to revert to the city at the expiration of twenty-five years from the date of construction, on the same terms in regard to appraisement, and the option to extend the privilege of using the same, as if the addi- tional sheds were originally constructed under this ordinance ; and all the terms and stipulations of this ordinance shall be considered applicable to them in the same manner and to the same extent as they are herein applied to the original sheds. :Security. Art. 2898. (5) That said Fleitas shall give security in the sum of fifty thousand dollars for the faithful performance of the stipulations herein contained. Wharfinger. Art. 2899. (6) That the wharfinger shall have the right, at any time when the levee is encumbered, to enforce the now existing regulations. Distance. Art. 2900. (7) That the sheds shall not be located nearer than one hundred and fifty feet to the present wooden work or wharves. Art. 2901. <8) That if at any time the city shall desire to open or extend any street, that the privilege hereby granted shall not in any manner prevent said street from being opened or extended. Open ing of streets. SUGAR SHEDS. ■ 1095 CONTRACT AND SPECIFICATIONS. Art. 2902. Be it known, That on this day, the eight- Notarial act. teenth of the month of August, in the year of our Lord one thousand eight hundred and sixty-nine, and the ninety-fourth of the Independence of the United States, Before me, William Joseph Castell, a notary public in and for the parish of Orleans, and official notary for the city of New Orleans, duly commissioned and quali- fied, and in presence of the witnesses hereinafter named and undersigned, personally appeared The Hon. John R.. Conway, Mayor of the city of New Orleans, herein acting in his said capacity, and Francis B. Fleitas, of the city of New Orleans. And the said Mayor, acting as aforesaid,' declared by virtue of the authority in him vested by an ordinance. No. 1528, N. S., passed by the Common Council of the city of New Orleans, entitled ''An ordinance to provide for the shelter and protection of sugar and molasses re- ceived at the port of New Orleans," he does, by these presents, grant, bargain and confirm unto said Francis B. Fleitas, and contra<;t with him as follows : Art. 2903. That said Francis B. Fleitas shall have Term of grant. and enjoy, for a period of twenty-five years, the exclu- sive right and privilege of using the public spaces on the levee, in the Second District of this city, between Customhouse and St. Louis streets, commonly known as the Sugar Landing ; said spaces being designated on a plan of the City Surveyor, to be by him submitted to the Committee on Streets and Landings, on or before the 15th day of September, in the year 1869, for the purpose of erecting and constructing thereon fire-proof sheds for the reception and shelter of sugar and molasses, according to the plans and specifications of the City Surveyor, on the day aforesaid, which sheds, with such arrangements for the transaction of business i as may be convenient, are to be constructed on or } before the first day of Nov^ember, 1871, unless the con- kstruction be interfered with or prevented by extraordi- nary accident or calamity, from which time said privi- 1096 SUGAR SHEDS. Charges. A. S. 4492. May, 1878. lege and right is to commence to run; provided, that said Fleitas, immediately after the passage of said ordi- nance, shall have the right to enter upon and use the said spaces for the purpose of construction aforesaid. Art. 2904. That the terms and conditions on which said right and privilege are granted are as follows : (rt) Said sheds are to be erected with such accommoda- tion and conveniences for the transaction of business as may be necessary by said Fleitas, at his own cost, and free of expense to the city of New Orleans, and, during the existence of said privilege, he is to keep said sheds in good order and repair at his own expense. (6) Said Fleitas is allowed to charge, during the term said privilege is to last, under the provisions of said ordinance, a sum not exceeding forty cents for every hogshead of sugar and fifteen cents on every barrel of molasses sheltered under said sheds, and no other charge for shelter is to be made unless the packages aforesaid, after being under cover, shall change hands; then he is allowed to charge, each and every time such package changes hands, while under cover, fifteen cents for each hogshead of sugar and five cents for each barrel of molasses at the time of transfer; provided, that this last-mentioned charge is to be paid to each transferee or purchaser, and shall not be made, where the sugar or molasses transferred or sold shall be removed by such transferee or purchaser on the same day he acquired title ; provided further, that the sugar and molasses in other packages than hogsheads and barrels shall be subject to pro rata charges. That in case the sheds erected under the provisions of said ordi- nance shall not be of sufficient capacity to meet the demands of increased production or the requirements of commerce, the said Fleitas shall have the right to in- crease the number of sheds, said additional sheds to be erected on such spaces as the city may designate, and on such terms as may be agreed on; provided, that if said additional sheds are erected within ten years from the first of November, 1871, the cost thereof to be by said Fleitas, his representatives, successors or SUGAR SHEDS. 1097 assigns, and said additional sheds are to revert to the city at the expiration of twenty-five years from the date of construction, on the same terms in regard to ap- praisement and the option to extend the privilege of using the same as if the said additional sheds were originally constructed under the said ordinance, and all the terms and stipulations of said ordinance shall be considered ap- plicable to them in the same manner and to the same ex- tent as they are herein applied to the original sheds. Art. 2905. That said Fleitas shall give security in the sum of fifty thousand dollars for the faithful perform- security, ance of the stipulations herein contained. Art. 2906. That the wharfingers shall have the right, at any time when the levee is encumbered, to enforce wharfingers, the now existing regulations. Art. 2907. That the sheds shall not be located nearer than one hundred and fifty feet to the present wooden Distance, work or wharves. Art, 2908. That if at any time the city should desire to open or extend auy street, that the privilege hereby ,o p e ning of granted shall not in any manner prevent said street from being opened or extended. Art. 2909. The said Fleitas hereby binding himself, his heirs, executors or assigns, to execute the above and obligations of foregoing contract in accordance with the said Ordinance No. 1528, N.S. , and in accordance with the plans and speci- fications to be hereafter prepared by the City Surveyor as aforesaid, binding himself in all respects to comply with all the stipulations contained in said ordinance, a duly cer- tified copy of which ordinance, which was approved on the 14th of August, 1869, is and remains hereto annexed for all future reference, and is made part thereof. DECISION. The stipulation in a contract that a bonus of a certain propor- tion of gross profits realized shall be paid to the city, provided the property yielding the revenue from which the same are de- rived shall be exempt from municipal taxation duringj the existence of the privilege granted, is in violation of the Consti- tution, and must be considered as not made. The nullity of such stipulation renders void the agreement which depends upon it. 35 An. 548. Decision affirmed by the United States Supreme Court. 1098 SURVEYOR, CITY. SUPERINTENDENT OF POLICE— See Police. SUPERVISOR OF REGISTRATION— See Registration. SURVEYOR, CITY. Changed to City Engineer under Act creating Orleans Levee Board. See Lands and Levees.. Salaries. See Organization. saUdeL"' ^ " ^ Art. 2910. The Council shall elect, for the term of four years, a surveyor of good standing, who shall have practised the profession of civil engineer for at least three years prior to his election. He shall receive an annual salary of two thousand five hundred dollars. He shall furnish the Council and the proper authorities of the city, when so ordered, with all the plans, esti- mates, and other information appertaining to his department, which the said Council or other executive officers may require. He shall superintend the con- struction of public work and report, after the completion of the same, the manner in which works have been executed, and shall perform such other duties as the Council may direct. DEPUTY SURVEYORS. Art. 2911. There shall be also elected annually by the Council not more than seven Deputy Surveyors, skilled in their profession, who shall hold their offices, unless sooner removed, until their successors shall be duly elected and qualified. The Surveyor and Deputy Surveyors shall take the oath required by section 16 of this charter, and shall furnish bond, with sureties Their duties, to the Satisfaction of the Council, in the sum of five thousand dollars, to guarantee the faithful performance of their duties. They shall keep an office within the districts, to be designated by the Surveyor, but shall have authority to make surveys anywhere within the corporate limits. That the compensation to Deputy Compensation..- n . , j • /» Surveyors, on all surveys in amount exceeding five dollars, is hereby fixed at the rate of two cents per run- I SURVEYOR, CITY. 1099 ning foot, to be paid by the persons who shall employ them to give lineations of their property, and they shall file a copy of each certificate given by them to property owners in the office of the City Surveyor immediately after such survey. That the property owners shall no- tify a Deputy Surveyor of all new subdivisions of prop- erties made by them, under a penalty of fifty dollars for each neglect so to do, and all lines for subdivisions shall be given by Deputy Surveyor; that it shall be unlawful, under a penalty of fifty dollars for each and every offence, for any person or persons to lay any sidewalk, street railroad or other improvement upon the street sidewalks, public ways or grounds of the city, until the lines and levels thereof shall have been fur- nished by the City Surveyor, and the Deputy Surveyors shall not give such lines and levels unless by special instructions from the City Surveyoi". Art. 2912. That from and after the promulgation DutyofOep- hereof , it shall be the duty of all Deputy City Surveyors '^ord. no!4^^o] to file in the office of the City Surveyor a copy of all bee i6, 1890. surveys made on certificates of lines and grades issued by them, within three days after the completion of sur- vey or issuance of certificate. Art. 2913. That in the execution of anv and all work Supervision of City burvey- done by them, as Deputy City Surveyor, they shall be °''- subject to the control and supervision of the City Sur- veyor. Art. 2914. That it is hereby made the duty of the o^ty of city *^ "^ Surveyor. City Surveyor to report to the Council any failure on the part of a Deputy City Surveyor to comply with the pro- visions of this ordinance. Art. 2915. Whereas, a rule has been adopted that par- Specifications '^ ^toembody ties bidding on work or the furnishing of supplies to thei'«nse clause. '^^ Ord. No. 11,305, City must pay contractors' license to be qualified bidders, c. s. . ^ ' Sept. ID, 1895. and such rule is not generally known, causing much dis- satisfaction ; therefore, be it resolved. Art. 2916. That the City Engineer embody such clause in all specifications or contracts, and the Comp- troller be and he is hereby directed to embody said ■clause in the call for bids. 1100 TAXATION AND LICENSE. citv property. Art. 2917. From aud after the passBge of this ordi- Ord. No. 2311, T , c. s. nance all surveys or maps made by the City Surveyor or his deputies shall become the property of the city and shall be kept on file in his office. Surveys of Whcrcas, much confusion now exists in the surveys vzi Distrrc?.'*^" of that part of the Sixth Municipal District between c. s,' °"*^^" Amelia and Toledano streets, and in the rear of St. " °''' ^^' Charles avenue, caused by the doubtful authority or official vagueness and errors of lithographic plans for distribution and sale of lots. Art. 2918. That in order to prevent confusion in future surveys and secure uniformity between the sur- veys of the United States and those of the municipality, the plan of the aforesaid vicinity, prepared by Georere H. Grandjean, Deputy City Surveyor, from his surveys for the United States, dated November 12, 1890, and herewith submitted, shall be and is hereby adopted and made official, as determining the boundaries and di- visions of the aforesaid area, and shall be identified by the number and date of this ordinance, and deposited in the office of the City Engineer for public reference ; pro- vided, that nothing in this ordinance shall be construed as disturbing permanent improvements, fences included, now existing and not in conflict with Ordinance No. 3207, C. S. TANNERIES— See Factories. TAXATION AND LICENSE. Taxation power. See Article 203, Constitution. Ecjual and uniform. See Article 203, Constitution. Exemptions. See Article 207, Constitution. State and Municipal Taxes. See Article 209, Constitution. Forfeitures. See Article 210, Constitution. Designation. See Article 211, Constitution. Postponement of payment. See Article 212. Constitution. Alien corporations and associations. See Article 217, Consti- tution. TAXATION AND LICENSE. IIQI Collection. See Article 218, Constitution. Taxes and Licenses. See section 64, Cit}' Charter. Budget. See section 65, City Ciiarter. Limit of appropriations. See section 66, City Cliarter. Property subject to taxation. See section 67, City Charter. Definition of term property. See sections 68, 69 and 70, City Charter. Art. 2919. The taxing power may be exercised by the General Assembly for State purposes, and by parishes and municipal corporations, under authority granted to them by the General Assembly, for parish and municipal purposes. TAX MORTGAGE BUREAU. Art. 2920. (1) That in accordance with section 22 of Duty of city Act Xo. 20, approved June 28, 1883, known as the City. ord. no."3044, Charter, and with Act 119 of 1882, approved July 6, juiys. >88s. 1882, it is herebv made the duty of the Citv Treasurer to ordSs^sss^^. " ' C S • ■*S72 c. proceed at once to the collection of all taxes due the s.'; 8541, c.s. ' city of New Orleans. Art. 2921. (2) That in order to enable him to per- Assistanu. form this duty, he is hereby authorized to procure the necessary books and stationery, and to engage the services of seven additional clerks, viz, : one chief clerk, four assistants, and two deputy clerks, and two addi- tional deputies, when, in his judgment, he may deem necessary for the proper transaction of the business. Art, 2922. (3) The chief clerk and the four assistant Duty of chief clerks shall keep the books of the office, make allunK.^" researches of the delinquent taxes, prepare all notices to delinquent taxpayers and forms for advertisements for sales, make all sales and prepare all deeds of sales; provided, the Treasurer be authorized to give notarial deeds of sale to purchasers requiring same. The two deputy clerks shall serve all notices upon delinquent taxpayers. Art. 2923. (4) The chief clerk shall receive a salary salaries, of one hundred and fifty ($150) dollars, one chief docket clerk at a salary of one hundred and fifty ($150) dollars, and three assistants, each at a salary of one hundred ($100) dollars, and two each seventy-five ($75) lb 1102 TAXATION AND LICENSE. dollars per month, and each of the two deputies, or the two additional deputies that may be appointed, twenty- five (25c.) cents for each notice actually served upon the taxpayer, or at his residence or place of business, and the return thereon, the number of services to be attested by the chief clerk; provided, nothing shall be paid for notices by postoffiee ; and provided, only one notice is sent to the present owners for all the years' taxes due upon said property. Books. ^^ Art. 2924. (5) That the Treasurer shall cause to be kept two series of bound books of printed notices, one for movable and another for immovable property, with stubs attached. The one for movable shall contain an index. Each page of the books of immovables shall be designated by a number corresponding with the number of the advertisement of the sale, in order to keep a record of the date and manner of service of each notice of sale. The stub shall correspond substantially with the body of the notice and shall contain the name of the delinquent taxpayer, the description and valuation of the property as contained on the assessment rolls for each year, the amount of the tax for each year, and the manner and date of service, and shall be signed by the deputy clerk ; all this in ink. Collections. Art. 2925. (6) That the Treasurer shall proceed to ' the collection of taxes due in the manner provided by Articles 210 and 218 of the Constitution and by Act 98 of 1886, and any laws amendatory thereof ; and every description of immovable property advertised for sale shall be, as far as possible, a copy of the assessment roll without any unnecessary detail or amplification. Seizures. Art. 2926. (7) That in making scizurcs and advcrtise- Ord. No. 3340, ^ ^ " c. s. ments for sale the Treasurer shall begin with prop- erties owing taxes for the year 1879, and subsequent years in succession, in order to save the taxes from pre- scription . Bids. Art. 2927. (8) That no property shall be adjudicated ' to a third person unless the bid shall be equal to the amount of taxes due the city in principal, interest and costs, unless authorized by the Council ; otherwise the TAXATION AND LICENSE. 1103 Treasurer shall bid in the property for account of the city, and all sales to the city shall be included in one act and registered according to law. Art. 2928. (9) That the Treasurer shall take actual Possessionby city. possession of all property adjudicated to the city, and ib. shall rent the same and collect the rents due, and apply all such rents to the credit of the taxes due thereon ; all surplus funds so collected shall be disposed of by ordi- nances at the will of the Council, and it is hereby made the duty of the Comptroller to have kept in his office an > account of all funds received from rents and debited against the same. Art. 2929. (10) That it is made the duty of the Comp- Duty of comp- troller to assist the Treasurer in the performance of the ' ib. duties required by this ordinance and to give him and his clerks free access to all his books. And it is made the duty of the City Attorney to give to the Treasurer all the necessary information, advice, and services in all matters connected with the collection of taxes, and to represent him in all suits relative to the enforcement of the payment of taxes. Art. 2930. (11) The interest on all taxes collected shall be credited to the respective years to which it " ib. belongs, and a separate account shall be kept of all interests, costs, charges and penalties so received and collected, against which shall be charged by preference all expenses incurred in the execution of the provisions of this ordinance ; provided, that no debt can be made against the interest collected for any particular year until the amount in the budget of the revenues for that year as an income from that source has been received by the Treasurer and merged into the general fund of that year. Art. 2931. (12) It shall be the duty of the Treas- Transfer of urer to cause to be prosecuted any notary or sheriff P''°P^'''y- j^,_ passing any act of transfer of property unless all taxes shall have been paid thereon according to law. Art. 2932. (13) Whenever it shall be brought to Errors, the knowledge of the Treasurer that an error has been committed in the assessment of any property either in 1104 TAXATION AND LICENSE. the description thereof, or in the name of the owner, or otherwise, it shall be his duty to take all necessary steps to have the proper corrections made upon the rolls of the assessors, and to cause, when necessary, a new assessment to be made under section 11 of said Act 98 of 1886. Repeai.ire: Art. 2933. (14) All ordinances or parts, of Ordinances in conflict with this ordinance be and the same are hereby repealed. Tax^aies. Art. 2934. (15) That the Treasurer shall set aside Ord. No. 3601, ^ ' xMar. 12, 1889. all moneys received for tax sales and shall keep the same in a separate account. In all cases in which the city of New Orleans shall fail to give a valid legal title to the purchaser for the property adjudicated to him, or if such adjudication be set aside, and the title of the purchaser declared null and void by final judgment of the appellate court, the price paid to the city for such property by the purchaser shall be refunded to him by the Treasurer upon ordinance therefor ; provided, that the right to be refunded this price shall not exist for a longer period than one year from the day of adjudication; and provided further, that the Council may, in its discretion, waive or extend this limit of time. Fees and Art. 2935. (16) That the Treasurer is authorized to lb. charge and collect the following fees and expenses for the benefit of the city, viz. : For each notice of seizure and sale, fifty cents. For preparing advertisement for newspaper, seventy- five cents. For each advertisement, seventy cents per square of the space of one hundred words, solid matter. For each deed of sale executed by the Treasurer him- self, four dollars, and for each copy thereof, three dollars ; provided, that the purchaser shall have the option of getting the act of sale passed before the City Notary, who shall be entitled to charge the same fee. Art. 2936. That Ordinance No. 6851, A. S., and the authority granted by virtue thereof by act of Sam Flower, notary, dated February 10, 1881, by the Mayo TAXATION AND LICENSE. 1105 of this citv to Thomas Dulfy, Civil Sheriff of this parish Repe a i in g . ,,..,. certain o r d i- to proceed with the collection of taxes one this city tor nances. years prior to Januajy 1, 1879, and the Ordinance No. c. s." 6874, A. S., now Art. 95, page 53 of Jewell's Digest, and Ordinance No. 6628, A. S., adopted September 7, 1880, and the act passed before G. Legardenr, notary, on September 10, 1880, in execution thereof, be and they are hereby revoked and repealed. PERSONAL TAX BUREAU. Art. 2937. That the Comptroller be and he is hereby separate tax directed to hereafter make separate tax bills for personal ord. No. 5.24, property and real estate, and to prepare the former Aniended by as early as possible and to deliver the same to the 714s. 8617' and rr, , ^^ • I0,07I,C. S. Treasurer for collection. Art. 2938. (2) That the City Attorney is hereby au- Two Assis- tliorized and directed to appoint two Assistant City At-tomeys. ' torneys at a salary of one hundred and fifty dollars per month each, and one chief clerk at a salary of one hun- dred and fifty dollars per month, and two assistant clerks at a salary of one hundred dollars per month each, one service clerk, who shall also be detailed as cierksand keeper whenever necessary, and who shall receive a salary of fifty dollars per month ; provided, that said salary shall be paid from the appropriations of the City Attorney's office; and such further number of service clerks at ten cents a notice, and keepers at one dollar and fifty cents per day, as in his judgment may be necessary. Art. 2939. (3) That as soon as said tax bills on per- Duty of city sonal property shall have been filed in the Treasurer's '"^"^^' ib. office it shall be the duty of the said City Attorney to cause the necessary legal notices to be issued to each tax debtor on said bills, and, as soon as said bills are delin- quent under the law, to enforce the collection thereof by every legal means in his power, and to cause a list of said delinquent tax debtors, and the amount due by each, to be published in the official journal of this city for ten consecutive davs 1106 TAXATION AND LICENSE. Dutyof comp- Art. 2940. (4) That it is hereby made the duty of the- Treasurer. Comptroller and Treasurer to lend said City Attorney ' all the assistance in their power. Expenses. ^^ Art. 2941. (5) That the expenses of all the legal and clerical labor employed for the execution of this ordi- nance shall be paid out of the taxes collected for the year 1891. Real and per- ^jjrp^ 2942. That the provisious of this ordinance shall sonal taxes. ^ ^Ord. No. 6iSi, apply as Well to real estate as to personal tax bills. Mar. 29, 1892. Art. 2943. That in all cases in which remission of in- cests, terest on taxes has been heretofore, or shall be hereafter, c°s.'^°"^'^^' 'granted by this Council on any property sold for city July 7, 1891. ^^^gg ^^^^ adjudicated to the city, the Treasurer shall require, in addition to the capital of said tax, the pay- ment of all costs incurred by the city in effecting said sale, and $1 for each redemption certificate to be issued. Redemption Art. 2944. That in all such cases the 20 per cent, re- lb. demption fee shall not be charged unless required by the ordinance. Remissions Art. 2945. That no ordinance remitting interest upon of interest. ° ^ ord. No. 5422, taxes on real estate shall have effect unless the taxes assessed upon the personal property of the person own- ing the real estate at the time the application is made are paid. Petitions. Art. 2946. That from and after the promulgation of c. s."' o.333s.^j^^^ ordinance no petition to the Council praying for re- ov. 13, 1 . j^^^^ ^^ ^^^ matter of taxes or assessment or interest or penalties, in whole or in part, shall be entertained by the Council, unless accompanied by a research certificate from the office of the Comptroller, which said certificate- shall exhibit a full and complete statement of all city taxes due on the property for which relief is sought, from-^ the year 1865 up to and including the current year for which city taxes are due and collectible. Duty of City Art. 2947. That it shall be the duty of the City Treas- ; Treasurer. ^^ ^rer, wheuevcr any ordinance or resolution remitting^- interest or penalties on city tax bills be promulgated, tO' require the production of such certificates or certificate,, and to exact payment of all taxes showed to be due b] the certificates on the property, whether covered by the I TAXATION AND LICENSE. 1107 resolution or ordinance or not ; and if not complied with to consider such part of such ordinance or resolution null, void and of no effect. Art. 2948. That nothing herein contained shall be Existing or- . 1 i • 1 • • dinances. construed as m any manner abrogating or being m con- ib. flict with existing ordinances requiring such bills to be paid within (15) days after the promulgation of the ordinance granting such relief. That from and after the passage of this ordinance it shall be and is hereby made the duty of the Comptroller to report on all tax research certificates issued from his department, whether the property in ^u^ner^o^re- question, issued under each respective certificate, has reTearcnes!^'' been sold to the city for any of the city taxes due the c?s^* ^°' '^^^' city of New Orleans, and to make mention of same on ^"'^5. 'S93- said certificates. Art. 2949. That the Comptroller is hereby further di- Property rected to obtain from the Treasurer's Department a com- for"?axes.^ *^' ^ plete list of all properties sold by and bought in by the city of New Orleans for city taxes, and to make note of said sales in each ledger for the year's tax for which said property was sold. Art. 2950. That the Treasurer be and he is hereby Tax prior to directed to receive the face value of all tax bills for the '^j^ jf^. 4396, year 1869 and previous years, where the face value of ^^u ,, ,3^0, such bill does not exceed ($20) twenty dollars for any one year, in full acquittance thereof. Art. 2951. That the Comptroller be and is hereby certificates authorized to furnish all persons demanding the same Ord. No. 4002, certificates of taxes due the city of New Orleans, and ^'p-^'^'' also to furnish releases of all inscriptions of taxes in the Mortgage Office after the same shall have been paid. Art. 2952. (3) That the chief clerk in the Tax Reg- chief ci eric istry Office is hereby authorized to sign said certificates sign. °"^^ of taxes and said releases of said inscriptions in the name of the Comptroller. Art. 2953. (4) That the Comptroller is hereby an- Charges, thorized to charge in advance the sum of one dollar for each certificate of taxes due by any one property, and 1108 TAXATION AND LICENSE. the sum of fifty cents for each release of tax inscrip- tions. He shall keep a special book, in which he shall enter the amount of each fee received, the date thereof and by whom paid. Daily returns. Art. 2954. (5) The Comptroller shall make daily re- turns to the Treasurer of his receipts under this ordi- nance, and shall deposit the same into the treasury through his own receiving warrant. He shall credit all moneys so received to a special ac- count, to be entitled "Tax Mortgage Account." Repealing Art. 2955. (6) That all ordiuauces or parts of ordi- ib. nances on the same subject matter or in conflict here- with be and the same are hereby repealed. Amending Art. 2956. That SO much of Ordiuauce No. 4002, C. ord. No 4374.S., as rcquircs tax research certificates from the office of Mar. 28, 1890. the Comptroller to be approved and countersigned by the Treasurer, be repealed. Budget Com- Art. 2957. That the budget committee be and is ord.No,s424, hereby empowered and directed to adjust all tax bills juiy,7J89i. for personal property which shall not exceed for any one year the sum of fifty dollars and fifty cents ($50.50) without further reference to the Council ; and upon such adjustment by said committee, approved and signed by the chairman thereof, the City Treasurer is hereby authorized and directed to receive in full settle- ment the amount fixed by the said committee in each case without further action by the Council other than the authority conveyed in this ordinance ; provided, that the said committee shall not in any case remit the interest or costs due upon said taxes for the years 1888, 1889, 1890 and 1891. Not to insure. Art. 2958. That the Treasurer be and he is hereby ^ord. No. 5629, ^jj,gg(.g(j jjQ^ ^Q insure any property purchased by the Sept. 29, 1891. ^-^y ^^^ taxes, and that he be authorized to cause repairs to be made from the revenues received by the city from the rents of each individual property. Possession of Art. 2959. That the City Attorney, in conjunction ^'or'd^.'^iJo. 5392, with the Treasurer, be instructed to take immediate legal ^■jnne 30, 1891. stcps to put the city in actual possession of all property TAXATION AND LICENSE. 1]09 sold for city taxes and adjudicated to the city, and improved and susceptible of yielding a revenue, and to collect the revenues thereof for the benefit of the city. Repeal ingr Art. 2960. That Ordinance No. 4610, C. S., be and Sto.'"c."s! ^°' - ... . - Ord. No. S486, the same is hereby repealed. c. s. Art. 2961. That incompliance with section 5 of Ordi- Delinquent nance 5124, C. S., the Comptroller be and is hereby ^*ord?No."5703, directed to open an account to be known as " Delinquent 001.27, 1892. Personal Tax Account, 1891," to be credited with all re- turned costs advanced in the prosecution of personal tax suits, and that the Assistant City Attorney, charged with the prosecution of personal tax suits, be and is liereby authorized to draw out of said account, as neces- sity will require, on his own warrant, and that the Comptroller be and is hereby directed to warrant for and the Treasurer to pay same. Art. 2962. That from and after the passage of this ordinance re- resolution, that all ordinances remitting interest or afler^llTt a"in penalties, or reducing assessments, or correcting same, ""'or^d. No. 2346, shall become null and void, unless the taxpayer pays -^"'^ ^' '^^^' his or her tax bills within fifteen days after the promul- gation of the ordinance granting such relief. Art. 2963. That all ordinances or resolutions remit- ordi ting interest, or reducing or correcting assessments, heretofore passed by the Council, be and the same shall stand repealed and become null and void unless the taxes based on same shall have been paid and settled within fifteen days from and after the promulgation of this resolution. Art. 2964. That Committee No. 3 be and they are committee hereby authorized to entertain all applications for pay- ordl" No. 3075, ment of taxes, free from interest, costs and other charges, '^juiy 17, isss. in all cases of over or erroneous assessment, and in all cases where it would be to the evident advantage of the city to accept the principal of the tax. Art. 2965. Whereas, the usual long delays incident settlement of to passing upon applications for the remission of inter- *|^f p"*"" *° est and penalties on back taxes prior to 1890 has proved ^c.'s^**'"'^"'' detrimental to the City Treasury and other parties in- s^pMo.iSgs, terested, causing in many instances the non-rehabilita- 1110 TAXATION AND LICENSE, tion of real estate on the tax rolls and causing the fail- ure of sales or transfers for improvement purposes. City Treasu- Art. 2966. That the City Treasurer, with the written chkirman'^ *o f approval of the Mayor and chairman of the budget com- inTttfe authOT- mittee, be and he is hereby authorized to make settle- ^eitiement, meut of Said delinquent city taxes, on presentation of a research certificate, showing the taxes and interest due on said property ; that said Treasurer, with the written approval of the Mayor and the chairman aforesaid, is hereby authorized to remit the interest due on said taxes prior to 1890, as shown on said certificate, including 1890 ; provided, that the taxes, interest and penalties ap- pearing on the research certificate, as due subsequent to 1890, shall also be paid at the time of said settlement, including all costs, advertisements, etc., expended by the city. STAY OF PROCEEDINGS. Authority of Art. 2967. That the Mayor, Administrators and offi- ^'Sef^^sji!' cers of the city of New Orleans are hereby forbidden to A. s. 477S. allow or grant any stay of proceedings or extension of time in any tax or license suit, demand or execution, and that all such stays and extensions be made by a vote of the City Council of New Orleans. Board of Li- Art. 2968. That the Board of Liquidation of the City enforce coUec^ Debt bc authorized to collect the taxes due to the city of prior" t o *year New Orlcans prior to the year 1879, transferred to said '& No. 3344, board by the Act No. 67 of 1884; that the Board of *Nov. 20, i88s. Liquidation through its attorney is authorized to issue execution when necessary to enforce said collection. DECISIONS. 1. A city has the right to levy taxes as an incident to its incor- poration, though its charter be silent on the subject; but if it specify certain objects of taxation, none other can be taxed. 1 M. 123. An ordinance imposing taxes on certain trades and pro- fessions can not be considered illegal or unconstitutional, be- cause other trades and professions are not taxed, where the tax on the enumerated trades or professions is imposed on all persons exercising such trades or professions. 3 An. 673; 2 An. 182. 2. No person who obtains a license at any time after the com- J TAXATION AND LICENSE. 1111 mencement of the ye ir 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 inequality is of his own creation and does not render the statute unconstitutional. 4 An. 549. 3. The City 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. 4. 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 pros- pective deficiency. 1 La. 5. 5. The corporation has no power to lay taxes on property, real or personal, owned and held out of the limits of the incorpor ated part of the city and faubourgs. 3 La. 248. 6. 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. 7. Licenses cease at the death of the person to whom granted, although the period for which it is given has not expired. 9 La. 433. 8. The city ordinance of February 3, 1845, imposing a tax on re- tail dealers, is neither illegal nor unconstitutional. 1 An. 387. 9. The corporation is not bound to tax real and personal estate at the same time: a tax may be legally imposed on either alone. •_> An. 182; 1 La. 13. 10. The ordinance of March 13, 1838, section 4. requiring managers of theatres to pay annually five hundred dollars for the use of the Charity Hospital is not unconstitutional. The en- action for a price for the license so granted is not, in its proper sense, a tax. 2 An. 550; 5 An. 380. 11. Property within the incorporated limits of the city, not laid out into streets, is subject to taxation for all municipal pur- poses, except the maintenance of lights, of the police, and the expense of watering and cleaning the streets. 2 An. 611. 12. Under the statute of 1805 rural property is not liable for assessment for the maintenance of lights, of the city watch, and for the cleaning of the streets. 10 An. 763. 13. An ordinance imposing a tax on all retailers of soda-water, with the exception of apothecaries, is not illegal or unconstitu- tional, nor will the fact that the party had paid for a license as a confectioner exempt him from liability for the tax. 4 An. 328. tsec. 10 of the city ordinance of December 16, 1846, does not au- thorize the imposition on each partner of a banking house or firm of the whole amount of the tax. without regard to his resi- dence in the State. The tax is imposed on the business, and not upon the individual members of the firm, unless they be perman- •ent residents, or sojourners within this State. The power of the State itself to lay taxes only extends to persons and property within its jurisdiction. 4 An. 407; but see 6 An. 783. 1112 TAXATION AND LICENSE. 14. 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 rural and urban property was made by the act of March 18. 1850. 15. The remission of a tax by the Council is an extinguishn',ent of the obligation, and the tax can not be imposed. 4 An. 605. 16. The power to levy and collect taxes has ever been un- derstood to operate prospectively and never retrospectively. (J An. 605; 39 An. 115. 17. Taxes imposed by political corporations, to whom a por- tion of the powers of the government are delegated for the pur- pose of government and police, are not liable to seizure on exe- cutions against those corporations; nor are funds collected on judgments for taxes liable to seizure. But sums due to munici- pal corporations for paving, or bonds taken for paving, are liable to seizure. . 6 An. 570. 18. The exigencies of government require that the process for the collection of taxes should be summary. They are to be re- garded not as a debt to be enforced against the debtor who con- tracted it, by official proceedings, but a contribution required from the citizens for the support of government, and for the pro- tection and benefit of all. 7 An. 192. 19. Where taxes, illegally assessed, have been paid through error, they may be recovered. 10 An. 73. 20. The assessment by the city authorities, on account of sub- scription to railroad stock and for the consolidated loan tax. is essentially a tax. 10 An. 762. 21. The license tax imposed on keepers of coffee-houses is im- posed upon all persons of the same class, and is therefore consti- tutional. 9 An. 305; 11 An. 68. 22. A legal presumption exists in favor of the correctness of the assessment rolls. If errors exist, defendant must allege and prove them. 11 An. 69; see, also, 11 An. 195 and 251.. 23. The practice of the profession of law is not shielded from taxation. 12 An. 343 and 344. 24. Where a tax, levied under a municipal ordinance passed without the legal formalities, has been voluntarily paid, it can not be recovered back on the ground of error. There being no law exempting the plaintiffs property from taxation, for the purposes contemplated by the ordinance, he was under a natural obligation to contribute his quota to the support of the municipal government from which he derived protection. Xo suit will lie to recover what has been paid or given in compliance with a natural obligation. 12 An. 34; 25 An. 464. 25. One can only be bound by the assessment rolls of the parish TAXATION AND LICENSE. 1113 or district within whlcli one has taxable property, after having failed to appeal without a sufficient excuse. 12 An. 47. 26. Under the city ordinance providing that "every keeper of a transient theatre, circus, menagerie or other public exhibition or show, shall pay in advance a tax of ten dollars for each per- formance,"' etc., a tax can not be levied on one who keeps a permanent establishment for an exhibition consisting of natural and artilicial curiosities, for admission to which visitors are charged a certain price. 12 An. 205. 27. The State Tax Collector has a right to institute an action in the name of the State, for the recovery of taxes, when it is evi- dent that the seizure of property would occasion an injunction. 13 An. 497. 28. Where an incorporated company has property subject to taxation in the district of its domicile, they are bound to apply to have the tax roll corrected if they are erroneously assessed. 13 An. 497. 29. The Legislature, besides levying taxes for the support of the State government, may delegate to the several parishes and municipal corporations of the State a similar power of taxation for the support of a local government and police within their respective limits. 13 An. 56; 29 An. 283. 30. There is no constitutional or legal provision inhibiting the taxation of the profession, calling or business of an auctioneer. 13 An. 56. 31. Where property has been omitted in the general State assessment a supplemental assessment may be afterward made^ and, in this case, it is not necessary that the formalities of time^ manner and place required by law should be observed. 15 An. 89. 32. It is not the State tax roll which creates the indebtedness for local tax ; it is the ordinance which levies the tax. Hence a person who has removed with his property out of the State, after the assessment of the State tax, but before any local tax is assessed, is not indebted for such local tax. 16 An. 117. 33. A party objecting to the assessment roll on the ground that it is incorrect must resort to the mode pointed out by law, and within the time prescribed to have it corrected, otherwise he will be bound by it. 19 An. 474. 34. The power of making local assessments for local improve- ments is not taxation within the meaning of the Constitution, and does not, therefore, conflict with that provision of the Constitu- tion which requires taxes to be uniform. 20 An. Kep. 497. 35. Want of proper description of the property will vitiate the assessment roll. 20 An. Rep. 560. 36. The act of the Legislature prescribing the form of proceed- ings for enforcing the collection of taxes due the city of New 1114 TAXATION AND LICENSE. Orleans, by advertisements in the official newspapers, in lieu of a petition and citation, is constitutional. 20 An. Rep. 139. 37. To authorize the assessment of a tax for an improvement, it must be shown that the property assessed is benefited by the improvement. 20 An. 497. 38. The boundaries of the city having been changed, the rural property included in its limits becomes liable to the same pro- portion of taxes as urban. 27 An. 156. 39. The citation of delinquent taxpayers by advertisement in the official newspaper is constitutional and binding. 20 An. 140; 3 M. 720; 10 An. 727, 766, 771; 11 An. 146. 338, 420; 12 An. 751; 13 An. 405. 40. Registry is unnecessary to preserve the privilege for taxes. 25 An. 334; 28 An. 592; 26 An. 496; 30 An. 296. 41. Taxes are not debts, but forced contributions. 26 An. 697; 28 An. 836. 42. Property annexed by the city of New Orleans may be assessed to pay the debt existing previous to the annexation. 26 An. 498; 14 An. 505; 12 An. 515. 43. Under Art. 209 of the Constitution of 1879 the city of New Orleans has no power to levy a tax in excess of ten mills on the dollar, and it can not be compelled by mandamus to exercise a power which it does not possess ; unless in cases where said Art. 209 would be violative of the Constitution of the United States. 32 An. 709. 44. The city of New Orleans, in the absence of judicial decree, -could not legally, of its own accord, levy a tax beyond the con- stitutional limitations to pay its debt. 34 An. 469. 45. Municipal corporations have no inherent power of taxation, 3)ut can tax only as the State has thought proper to permit. 33 An. 1179. 46. Under Art. 206 of the Constitution the power granted to "levy a license tax" is discretionary, and not mandatory. The State or city may abstain from taxing, or may exempt from license any occupation or calling, subject to the restriction that if a particu- lar calling is taxed the tax must conform to the constitutional rules. The contrary rule with regard to property taxation re- sults from the provisions of Art. 203, that "aZi property shall be taxed according to its value," and of Art. 207, "the following property shall be exempt from taxation, and no other.'" 47. There is no equivalent constitutional provisions relative to license taxation, requiring all occupations or all persons pursu- ing any occupations to be taxed, or declaring that no other than certain occupations shall be exempted. Hence, the city has the right to abstain from taxing, or to exempt any particular calling or business. 38 An. 826; 43 An. 959. 48. Exemptions. 31 An. 292, 440, 529, 637, 826; 32 An. 82, 104. TELEGRAPH COMPANIES. 157, 239, 1075, 1136; 33 An. 850; 34 An. 574,596. 851, 892; 35 An. 746, 996. 49. Exemptions strictly enforced. 33 An. 622; 35 An. 668; 36 An. 804; 37 An. 68; 38 An. 36, 292: 42 An. 1103. 50. Mechanics who employ assistants not exempted. 35 An. 545; 45 An. 44, 219, 346; 43 An. 1104; 44 An. 91, 659. 51. Barbers exempted. 44 An. 1116. 52. The power of taxation is derived from and regulated by the State Constitution, and the Legislature in exercising such power is bound to conform to the Constitution. 42 An. 428. 53. The prescription of three years provided by Art. 186 of the Constitution only applies to unrecorded tax liens and privileges. 42 An. 432; 43 An. 810; 45 An. 566. 54. Newspaper publishers are exempt from license taxation under Article 206 of the Constitution. 42 An. 561. Xot ex- empted. 44 An. 76. 55. When a purchaser at a tax sale, in pursuance of Act 82 of 1884, assumes the payment of taxes in accordance with said act, he can not evade his obligations by contesting the validity of the assessment. 42 An. 677. 56. The provision in Art. 207 of the Constitution of this State exchides from exemption from taxation schools that are con- ducted for private benefit. 46 An. 572. 57. The limitation of ten mills of parish or municipal taxation permits the levy up to that limit by the parish, and the levy up to the same limit by the municipal corporation. 47 An. 1471. TELEGRAPH COMPANIES. AMERICAN UNION TELEGRAPH COMPANY. Art. 2969. (1) That the right of way be and the Rjehtofway. same is hereby granted to the American Union Tele- K!s.'636S!^ graph Company, a corporation duly chartered and or- ganized under the lavrs of the State of New York, its agents, transferees, representatives, successors or assigns, through the streets and public thoroughfares of the city of New Orleans, for the space and term of twenty-five years from the passage of this ordinance. Art. 2970. (2) That said American Union Telegraph to construct Company, its agents, transferees, representatives, succes-finel "*'"^*'" sors or assigns , be and they are hereby authorized to erect , ^^' construct and maintain such lines of telegraph as they 1116 TELEGRAPH COMPANIES. may require for the purpose of conveying intelligence by electricity, and carrying on their business within, to and from the limits of this city, over such routes as may be designated by the Administrator of Improvements and under specifications to be prepared by the City Sur- veyor; provided, that the location of such wires and poles may be changed whenever in the interest of com- merce such change becomes necessary, after ninety days' notice to said company or its agents, transferees, repre- sentatives, successors or assigns. Conditions. Art. 2971. (3) That this ordinance will go into effect upon the acceptance of same by the American Union Telegraph Company by act before the City Notary. ATLANTIC AND PACIFIC TELEGRAPH COMPANY. Right of way. Art. 2972. That permission be and is hereby granted A. s. 3918.* to the Atlantic and Pacific Telegraph Company to con- struct its line of telegraph along the Gentilly road from beyond the Fair Grounds to Broad street, down Broad street to the Basin, along the Basin to Basin street, along Basin street to Canal street and thence to said company's office in this city, by such route as may here- after be designated by the Administrator of Commerce and the City Surveyor. BALTIMORE AND OHIO TELEGRAPH COMPANY. Franchrse. Art. 2973. (1) That the Baltimore and Ohio Tele- Ord. No. 919, , _, ^ . - ^ ^ , c. s. graph Company, a corporation created under and by virtue of the laws of Louisiana, its agents, trans- ferees and successors, be and is hereby granted per- mission and authority to establish a cable across the Mississippi river, and land the end thereof at a point at or near the point where Jackson street intersects the river. Cable box or and coustruct and establish a cable box or a house in such manner as not to obstruct the use. of the levee or street, and may erect lines of poles and wires on and along the streets of the city sufficient and adequate to connect such cable with a central office, located in a cen- tral portion of the city, to be selected by the said tele- TELEGRAPH COMPANIES. 1117 graph company ; and also to make and construct on and along the streets of the city such lines of poles and wires as shall or may be necessary to connect its offices with any other line of the telegraph wires which it may con- Pj-iviieges. struct or establish on or along any of the highways or rail- ways now approaching and connecting with this city, or such as may hereafter be established or constructed, and with all such subordinate or auxiliary offices as such com- pany may establish within the city limits ; provided, that said lines of poles and wires so constructed shall not interfere with the free use of the streets and ban- Restrictions. quettes for ordinary traffic, and shall be erected and constructed in such manner and of such material as to comply with the terms and requirements of all existing ordinances upon the subject, and the approval of the City Surveyor; provided further, that this permission is granted subject to all the conditions imposed upon telegraph lines and the erection of telegraph poles by, any and all general ordinances now in force. Art. 2974. (2) That from and after the passage of Pcies.etc. this ordinance it shall not be lawful to maintain or erect any poles in the streets, ways or public places of this city for the purpose and use of supporting wires for telegraph purposes, except on the conditions here- after provided in this ordinance. Art. 2975. (3) That said poles shall not be of an Elevation, elevation, at the lowest wire, less than forty (40) feet from top of curbstone ; that their depth of insertion in the earth shall not be less than five (5) feet from top of curbstone, and their dimensions, at a point six (6) feet above the surface or top of curbstone, shall not be less than forty (40) inches in circumference, or thirteen (13) inches in diameter. They shall be straight and have a smooth -planed surface, which shall be painted brown, blue, green or some other color, to distinguish the company owning them, from the ground fifteen (15) feet upward, au'd thence white to top extremity; in black letters have branded upon them, six (6) feet above the curbstone, the name of the company owning them, and shall be placed upon sidewalks close to and upon mensions, etc. 1118 TELEGRAPH COMPANIES. the inner face of the curbstone, and shall be taken down and replaced whenever found to be dangerous from decay, splits, breaks or spoils. Price paid city. Art. 2976. (4) That the said Baltimore and Ohio Tele- graph Company, their successors and assigns, bind themselves, and each of them, to pay to the city of New Orleans the sum of five ($5) dollars per pole per annum, within the limits of the city, bounded by Jackson, Elysian Fields, Roman streets and the Mississippi river. Said payment of five ($5) dollars per annum for every such pole erected within the limits above de- scribed, to be made in consideration of the privilege and advantage of entering upon, and using, and permanently occupying the streets, ways, and places of the city for private profit, and to be paid annually in advance, and all poles outside of said limits to be exempted from said payment. City's rights. Art. 2977. (5) That in addition to the price paid per annum per pole, as herein set forth, the city shall have the right, under such regulations as may be established by the Council, to use said poles gratuitously for the support of such wires as may be found necessary for the service of the Fire Alarm and Police Departments. Inspection, etc. ^RT. 2978. (6) That the location, condition, inspec- tion and placing of said poles shall hereafter be put under the control of the Commissioner of Public Works, th£ City Surveyor and Chairman of Committee on Streets and Landings, or a majority thereof. Rights of city. Art. 2979. (7) That nothing in this grant can be construed as giving the said Baltimore and Ohio Tele- graph Company the right to permit the use of their poles for the wires of other telegraph, telephone, electric light or electrical appliance, except by and with the consent of the City Council. Duty of com. Art. 2980. (8) That the said Baltimore and Ohio Tele- graph Company shall, before constructing or erecting their poles or lines of poles as herein provided, furnish the Council, through the City Surveyor, with the num- ber of same to be erected, and upon the approval of the same by the Council said company shall at once pay TELEGRAPH COMPANIES. 1119 the amount of five ($5) dollars per pole, as now fixed by ordinance for the privilege to erect said poles, into the treasury of the city. Art. 2981, (9) That all ordinances or parts of ordi- Repealing nances in conflict with the provisions of this ordinance be and are hereby repealed. CHAS. E. BLACK, ASSOCIATES, SUCCESSORS OR ASSIGNS. Art. 2982. (1) That Chas. E. Black, his associates. Franchise, successors or assigns, are hereby authorized to con-c. s. ' °'^°°'' struct and maintain a line or lines of telephone, tele- ^°^* ' > ' 4- graphs through the streets of this city, the line or lines to be constructed along such streets, at such point and in such manner, as to the kind and position of telegraph poles, the height of wires above the streets, and in all other particulars, as the Commissioner of Public Works, City Surveyor and Chairman of Committee on Streets and Landings may direct. Art. 2983. (2) That said telephone company shall, Free to city, in addition to the price paid per pole per annum, as herein set forth, gratuitously furnish and maintain telephonic apparatus and connection with such public offices, institutions or buildings as the Council may direct, to a total of not exceeding ten (10), and any over that number, if ordered by the Council, shall be paid for at customary rates, and shall balance by ap- propriate credits all existing charges against the city government in any of its branches for use of any tele- phones now or hereafter operated. Art. 2984. (3) That from and after the passage of Conditions, this ordinance it shall not be lawful to maintain or erect any poles in the streets, ways and public places of this city, for the purpose and use of supporting wires for telephone p^irposes, except on the conditions hereafter provided for in this ordinance. Art. 2985. (4) That said poles shall not be of an Elevation, etc. elevation, at the lowest wire, less than forty (40) feet from top of curbstone; that their depth of insertion in the earth shall not be less than five (5) feet from the top of curbstone, and their dimensions at a point six (6) I ment, 1120 TELEGRAPH COMPANIES. feet above the surface or top of curbstone shall not be less than forty (40) inches in circumference, or thirteen (13) inches in diameter. They shall be straight and have a smooth-planed surface, which shall be painted brown, blue, green, or some other color, to distinguish the company owning them, from the ground fifteen (15) feet upward, and thence white to top extremity; in black letters have branded upon them six (6) feet above the curbstone the name of the company owning them, and shall be placed upon sidewalks close to and upon the inner face of the curbstone, and shall be taken down and replaced whenever found to be dangerous from decay, splits, breaks or spoils. Annual „ay- Art. 2986. (5). That the said Charles E. Black, and his successors and assigns, bind themselves and each of them to pay to the city of New Orleans the sum of five ($5) dollars per pole per annum, within the limits of the city, bounded by Jackson, Elysian Fields, Roman streets and the Mississippi river. Said payment of five ($5) dollars per pole per annum for each such pole erected within the limits above described, to be made in consideration of the privilege and advantage of entering upon, and using, and permanently occupying the streets, ways and places of the city for private profit, and to be paid annually in advance, and all poles outside of said limits to be exempted from said payment. Right of city. Art. 2987. (6) That in addition to the price paid per annum per pole, as herein set forth, the city shall have the right, under such regulations as may be established by the Council, to use said poles gratuitously for the support of such wires as may be found necessary for the service of the Fire Alarm and Police Departments. Location and Art. 2988. (7) That the locatiou, couditiou, inspection and placing of said poles shall hereafter be put under the control of the Commissioner of Public Works, the City Surveyor and Chairman of Committee on Streets and Landings, or a majority thereof. Use of poles. Art. 2989. (8) That nothing in this grant shall be construed as giving the said Charles E. Black, his successors or assigns, the right to permit the use of. TELEGRAPH COMPANIES. 1121 their poles for the wires of other telegraph, telephone, electric light or electrical appliance, except by and with the consent of the City Council. Art. 2990. (9) That said Charles E. Black, his sue- Dmyof com- cessors or assigns, shall, before constructing or erecting their poles or lines of poles as herein provided for, furnish the Council, through the City Surveyor, with the number of same to be erected, and upon the approval of the same by the Council said company shall at once pay the amount of five ($5) dollars per pole as now fixed by ordinance (for the privilege to erect said poles) into the treasury of the city. It being understood that all poles erected and paid for within the last three months of any year shall be considered as having been paid for the ensuing year. Art. 2991. (10) That said grantee, his successors and Bond, assigns, shall, after the passage of this ordinance, and before its promulgation, furnish to the Mayor a good and solvent bond in the sum of ten ($10,000) thousand dollars, in favor of the city of New Orleans, as a guar- antee of good faith, on the following condition : That the said grantee, his successors and assigns, shall, within a period not to exceed ninety (90) days from the promulgation of this ordinance, erect not less than fifty (50) poles on the streets of the city, bounded by Jack- son, Elysian Fields, Roman streets and the Mississippi river, necessary and appurtenant to the execution of p ^^ .. ^ this ordinance, and if this condition is not strictly ful- filled the said bond of ten ($10,000) thousand dollars becomes ipso facto forfeited to the city as liquidated damages, and shall be paid to the Mayor, without legal proceedings or other formalities. Art. 2992. (11) That it shall be stipulated in said Rights not ,, , , , , ..,- .. transferable. bond, and agreed to by the principals and securities thereon, in addition to the other conditions and obliga- tions therein expressed, that said grantees shall not assign the privileges herein granted to any existing com- pany except by the consent of the Council, nor shall they enter directly or indirectly into any combination with any other telephone company, and in either event 1122 TELEGRAPH COMPANIES. the amount of said bond shall be due and forfeited as liquidated damages to the city of New Orleans, against both principals and securities on said bond. tia^ncer °'^" ^^T. 2993. (12) That all the acts and doings of said company under this ordinance shall be subject to any ordinance or ordinances that may hereafter be passed by the City Council concerning the same. s Sb"e°^ '^^' '^^'^' ^^^^' (1^) That nothing contained in this grant and privilege to said company is intended to be construed as binding the city of New Orleans, or making her responsible to any person for any loss, damage or injury which might arise, should the said company or its assigns be in any manner interfered with or deprived of any of these rights or privileges from any cause whatso- ever, and in case there is any conflict, or any injury to any rights or privileges heretofore granted by the city to any person or corporation, the said company binds itself to hold the city harmless, and undertakes the obligation to arrange and settle all such conflicts and injuries. Repealing Art. 2995. (14) That all ordinances or parts of ordi- nances in conflict with the provisions of this ordinance be and the same are hereby repealed. chas.E. Black, ^RT. 2996. (1) That Charles E. Black, his associates, Feb. 10, 1885. successors or assigns, are hereby authorized to construct and maintain the telephone and telegraph poles named in Ordinance No. 1001, C. S., to be square instead of round, and the measure not less than nine inches square at the butt and six inches square at the top, free from sap, and in all other respects as to height, depth in the ground, etc., to be the same as is contained in section 4 of said ordinance. POSTAL TELEGRAPH CABLE COMPANY. Rightofway. Art. 2997. (1) That the Postal Telegraph Cable Coiu- c. s.' °'^^^ ^'pany, its successors and assierns, are hereby granted per- mission to construct, operate and maintain a line or lines of telegraph poles and wires within the corporate limits of the city of New Orleans, from a point where the track or tracks of the Louisville, New Orleans & Texas June 2, TELEGRAPH COMPANIES. 1123 Railway Company's road crosses Upperline street, be- tween Eleventh and Belfast streets, on and along the right of way of the said Louisville, New Orleans & Texas Railway Company's right of way to where said road crosses the New Canal, if said telegraph company can obtain the consent of said railway company, and may cross all streets and public ways necessary to that end, and from the point where said railway's tracks cross the turnpike or Shell Road on the upper side of said New Canal, along the upper side of said turnpike to Howard avenue, along the upper side of Howard ave- nue to the point of intersection with Euphrosine street, along Euphrosine street to its intersection with South Rampart street, thence to corner St. Joseph and Caron- delet streets, over poles now existing, with the consent of the owners thereof, or underground, as the said Postal Telegraph and Cable Company may elect. Art. 2998. (2) That said line shall be constructed with poles of cedar or other durable wood, and of a size and length approved by the City Surveyor, and the wires shall be suspended at such distance from the level of the streets and crossings as shall be approved by said Surveyor, who shall also designate where any pole located in any public street shall be placed, and to what distances it shall be inserted in the earth. Such line shall be so constructed as not to come in contact with any other line or lines of wires authorized to be established by any prior ordinance, and in such manner as not to interfere with the free use of the streets and sidewalks for the ordinary purposes of traffic, or impair the drainage of said streets or of the city, and said telegraph company shall restore all pavement or parts of streets that may be disturbed in the erection of said line of telegraph to the same condition as before such disturbance. Art. 2999. (3) That this ordinance take effect from and after its promiilgation. Construction. lb. 1124 TELEGRAPH COMPANIES. NEW ORLEANS TELEPHONE COMPANY. F^Hitr^' Art. 3000. (1) That the New Orleans Telephonic Ex- A. S.4906. ciiange is hereby authorized to construct and maintain a line or lines of telegraph through the streets of this city, the line or lines to be constructed along such streets, at such points and in such manner as to the kind and position of the telegraph poles, the height of the wires above the streets, and in all other particulars, as the Administrator of the Department of Improve- ments of this city may direct; provided, however, that the said company shall connect their wires with the Mayor's office, Chief of Police's office and Fire Alarm Telegraph office, and place and keep telephones therein, free of charge to the city, so that the said telephones may be used in connection with all wires under the control of said company. Conditions.^ Art. 3001. (2) That all the acts and doings of said company under this ordinance shall be subject to any ordinance or ordinances that may hereafter be passed by the City Council, concerning the same. S. P. WALMSLEY, CHARLES H. SCHENCK AND ASSOCIATES. Franchise. Art. 3002. (1) That S. P.Walmslcy, Chas. H. Schenck, Ord. No. 10,751, c. s. William P. Nicholls, Thomas W. Castleman, Harry May 21 iSqi;. ' Allen, Lafayette D. Carroll, Francis S. Shields and Louis T. Bradfield, their associates, successors and as- signs — hereinafter referred to as grantees — are hereby authorized to construct, maintain and operate, for the term and period of twenty-five years from and after the passage of this ordinance, a telephone exchange in the city of New Orleans, and in connection therewith a line or lines of telephone wires in, over and through the streets, sidewalks, alleys, public places, etc., of said city, said line or lines to be constructed along such streets and places, and in such manner as to the kind and position of poles, the height of wires above the ground, and all other particulars, as the Commissioner of Public Works, the Commissioner of Police and Public Buildings and the City Engineer, or any two of them, TELEGRAPH COMPANIES. 1125 may direct, subject to the provisions of this ordinance; provided, said grantees shall have the right at any time to place and locate their wires, lines and cables under ground in and through said streets, sidewalks, alleys, public places, etc., in tubes or conduits, or in such other manner as may be approved by said Commissioners and Engineer, or any two of them. Art. 3003. (2) That the poles used for supporting Elevation, etc. the wires of said system shall be of such height that the lowest wires shall not be less than thirty feet above the curbstone ; that they shall be straight and have a smooth, plain surface, and shall be painted of a uniform color (brown, blue, green or such other color as may be selected, to distinguish the lines of said grantees from the poles of other owners or companies), from the ground fifteen feet upward, and thence white to the top, and shall have black letters painted or branded upon them, showing the name of the owner or owners thereof ; that they shall be inserted into the earth not less than five feet from the top of the curbstone ; that each pole shall measure, at a point six feet above the surface of the curbstone, not less than forty inches in circum- ference, or thirteen inches in diameter, and that they shall be placed upon the sidewalk nearest to and on the inner surface of the curbstone, and shall be taken down and replaced whenever found dangerous from decay, splits, breaks or other causes. The said grantees shall be required to keep two 4^ -inch gains open two feet apart at the top of each pole, for the purpose of re- ceiving cross arms for the wires of the Fire Alarm and Police Department. Art. 3004. (3) That said grantees, or the corporation charges, to be formed by them, shall furnish telephones and all proper apparatus and devices for telephonic service to persons desiring to subscribe for the same, and that the charges to subscribers for furnishing telephones for their use and for service in connection therewith shall not exceed the following rates per annum, viz. : For each telephone located within two miles of the telephone exchange, or central station, the yearly charge shall not exceed $45 1126 TELEGRAPH COMPANIES. for business houses, nor $35 for residences ; and for each telephone located more than two miles from said tele- phone exchange or central station, such additional rates may be added as shall be commensurate with the expense caused by the additional cost of construction and service ; provided, that within three miles of said exchange the charges per annum shall not exceed $62.50 for business houses, nor $50 for residences, and that in no case shall the annual charge for each telephone exceed $75 for business houses, nor $60 for residences ; and provided further, that said grantees shall not be compelled to supply any subscriber in the Fifth Municipal District, or make connection with any point across the Mississippi river, within one year from the beginning of operations ; it being distinctly understood that one year after the commencement of operations by the aforesaid named grantees, the said grantees shall furnish to all parties applying for their service in the Fifth Municipal District under the same terms and conditions as hereinbefore provided for the other sections of the city. Inspection, etc. Art. 3005. (4) That the location, condition, inspection ■ and placing of the poles of said grantees, and of the corporation to be formed by them, shall be under the control of the Commissioner of Public Works, the Com- missioner of Police and Public Buildings, the City En- gineer, the decision of the majority to be final and con- clusive. Consent of ^RT. 3006. (5) That nothing in this grant or or- councii. ^^ dinance shall be construed as giving to the grantees herein named, their successors or assigns, the right to permit the use of their poles for the wires of telegraph, telephone, electric light, electrical or other appliances, belonging to any other person or company, except by and with the consent of the Council. Organization. Art. 3007. (6) That Said grantees shall have the ^^' right to form and organize a corporation which shall acquire the rights and privileges herein granted, and shall operate under this ordinance, but neither said Assignment, grautecs uor said corporation shall assign the privilege herein granted to any company or person without the consent of the City Council. TELEGRAPH COMPANfES. 1127 Art. 3008. (7) That nothing contained in this grant city not re- and privilege is intended to be construed as binding the ' ib. city of New Orleans, or making it responsible to any person or persons, for any loss, damage or injury which might arise, should said company or its assigns be in any manner interfered with or deprived of any of its rights from any cause whatsoever ; and in case there is any injury to any person or corporation the said grantees, their successors and assigns are to hold the city harmless, and to arrange and settle all such injuries. Art. 3009. (8) That the said grantees shall connect city-s rights, their wires with the Mayor's office, the office of the Chief of Police, the Fire Alarm Telegraph office, City Council Chamber and the Coroner's office, and shall place, keep and operate telephones therein free of charge to the city, so that said telephones may be used in connection with all wires under the control of the company. Art. 3010. (9) That nothing herein shall be taken Tax or license. or considered as in any manner exempting or releasing said grantees from payment of any tax or license now provided for by the ordinances of the city. Art. 3011. That whenever any new sytem suitable New systems, for this city shall be discovered or introduced by which the use of poles for the purpose set forth in this ordi- nance may be dispensed with, the City Council shall have the right of ordering the said poles removed and the new sytem adopted ; also, that the said grantees may at any time adopt any such new system with the consent of the City Council. Art. 3012. That all ordinances and parts of ordi- Repealing nances in conflict with the provisions of this ordinance '^ ^"*^" ib. be and the same are hereby repealed. great southern telephone and telegraph company. Art. 3013. That Ordinance No. 9314, adopted June 5, 1894, and approved June 7, 1894, be amended and re-enacted so as to read as follows, to-wit : Art. 3014. That the Mayor be and he is hereby au- thorized and directed to enter into a notarial contract 1128 TELEGRAPH COMPANIES. Contract with with the Great Southern Telephone and Telegraph Com- *oVci. No. 9600, pany for the erection and maintenance of a system of *Aug. 28, 1894. telephonic communication with the various engine houses constituting the Fire Department of the city of New Or- leans and the Fire Alarm office in the City Hall, as well as a general communication with the trunk lines to the Central Telephone Exchange, and with the general sub- scription of the city of New Orleans, limited to forty (40) stations. The said contract to be for and in con- sideration of the sum of three thousand dollars per an- num, and to date from January 1, 1895, and to continue in force for a period of five (5) years from said date. It is agreed and understood that any equipment in excess of the forty stations above specified shall be charged for in the same proportion, and it is further agreed and un- derstood that the Great Southern Telephone and Tele- graph Company shall immediately and without delay proceed to erect and place said engine houses in tele- phonic communication as above described, and that no charge therefor shall be made to the city of New Orleans for the said service for the balance of the year 1894. A. p. MOSS, G. B. PENROSE AND OTHERS. Franchise. Art. 3015. (1) That A. P. Moss, G. B. Penrose, W. May^'i',°i'i9s! P. Richardson and J. W. Stone, their associates, suc- cessors and assigns, hereinafter referred to as grantees, are hereby authorized to construct, maintain and oper- ate, for the term and period of twenty-five years from and after the passage of this ordinance, a telephone ex- change in the city of New Orleans, and in connection therewith a line or lines of telephone wires in, over, under and through the streets, sidewalks, alleys, public places, etc., of said city, said line or lines to be con- structed along such streets and places and in such man- ner as to the kind and position of poles, the height of wires above the ground and all other particulars as the Commissioner of Public Works, Commissioner of Police and Public Buildings and the City Engineer, or any two of them, may direct, subject to the provisions of this ordinance ; provided, said grantees shall have the TELEGRAPH COMPANIES. 1129 right at any time to place and locate their wires, lines and cables under ground in and through said streets, sidewalks, alleys, public places, etc., in tubes or con- duits, or in such other manner as may be approved by said Commissioners and Engineer, or any two of them. Art. 3016. That the poles used for supporting the Poiesand wires of said system shall be of such height that the '^"^^' ib. lowest wires shall not be less than thirty feet above the ■curbstone ; that they shall be straight and have a smooth, plain surface, and shall be painted of a uni- form color (so as to distinguish the lines of said grantees from the poles of other owners or companies) from the ground fifteen feet upward, and shall have letters painted or branded upon them, designating the owner or owners thereof; that they shall be inserted into the earth not less than five feet from the top of the curb- stone ; that each pole shall measure, at a point six feet above the surface of the curbstone, not less than twelve inches in diameter, and that they shall be placed upon the sidewalk nearest to, and on the inner surface of, the curbstone, and shall be taken down and replaced whenever found dangerous from decay, splits or breaks. , The said grantees shall be required to keep two 4^4 inch gains open two feet apart at the top of each pole, for the purpose of receiving cross-arms for the wires of the Fire Alarm and Police Departments. Art. 3017. (3) That said grantees, or the corporation service, to be founded by them, shall furnish telephones and all proper apparatus and devices for telephonic service to persons desiring to subscribe for the same, and that the charges to subscribers for furnishing telephones for their use and for service in connection therewith shall not exceed the following rates per annum, viz. : Within two miles of the telephone exchange, for each charges, telephone, the yearly charge shall not exceed $48 for places used for business purposes ; nor $36 for private residences, and for points exceeding the two-mile limit, within the city proper, and in the Fifth Municipal Dis- trict, $65. For suburban points at prices as may be contracted for. Grantees have the right to establish public pay stations. Ib. 1130 TELEGRAPH COMPANIES. Property of Art. 3018. (4) That nothing in this grant or ordi- panies. nRHce shall be construed as giving to the grantees herein 'named, their successors or assigns, the right to permit the use of their poles for wires of telegraph, telephone, electric light, electrical or other appliances, belonging to any other person or company except by and with the consent of the Council. To organize Art. 3019. (5) That said grantees shall have the corporation. . . • t • i i lb. right to form and organize a corporation which shall acquire the rights and privileges herein granted, and shall operate under this ordinance, but neither said grantees nor said corporation shall assign the privileges herein granted to any company or person without the consent of the City Council. City not re- Art. 3020. (6) That nothing contained in this grant sponsible. " lb. and privilege is intended to be construed as binding the city of New Orleans, or making it responsible to any person or persons for any loss, damage or injury which might arise should said company or its assigns be in any manner interfered with or deprived of any of its rights from any cause whatsoever; and, in case there is t any injury to any person or corporation, the said grantees, their successors and assigns, are to hold the city harmless, and to arrange and settle all such in- juries. Newsystems. Art. 3021. That whenever any new system, suitable for this city, shall be discovered or introduced by which the use of poles for the purposes set forth in this ordinance may be dispensed with, the city shall have the right of ordering the said poles removed and the new system adopted; also, that the said grantees may at any time adopt any such new system with the consent of the City Council. Taxes. Art. 3022. That nothing herein shall be taken orcon- Ib. . . "^ sidered as in any manner exempting or releasing said grantees from the payment of any tax or license now provided for by the ordinances of the city. Furnish city Art. 3023. That the said grantees shall connect their ' free of charge. lb. wires with the Mayor's office, the office of the Chief of Police, City Council Chamber and the Fire Alarm Tele- TELEGRAPH COMPANIES. 1131 graph office and the Coroner's office, and shall place, keep and operate telephones therein free of charge to the city, so that said telephones may be used in connec- tion with all wires under the control of the company. Art. 3024. That all ordinances and parts of ordi- Repealing nances in conflict with the provisions of this ordinance ' ib. be and the same are hereby repealed. Ordinance Xo. 10,637, C. S., repealed by Ordinance Xo. 10,750, C. S. Ordinance Xo. .5191, C. S., authorizes the substitution of higher poles on St. Charles avenue. For Telephone connection with Fire Department, see Fire Department. DECISIOX. • The State and municipal corporations duly authorized can, in the exercise of the rights of eminent domain and of police, empower telephonic companies to use the streets and sidewalks of a city for the purpose of erecting poles and other works necessary for the transmission of intelligence, and can impose terms and conditions for the enjoyment of the privilege. 37 An. 63. ACTS OF LEGISLATURE. Ilight of way given to telegraph company. Sec. 3760, R. S. Duty of company to transmit certain dispatches. Sec. 3761, R. S. Penalty for injuring lines of telegraph. Sec. 3762, R. S. Penalty for failing or refusing to send messages Sec. 3763, R. S. Xot to transmit messages tending to defeat the ends of justice. Sec. 3764, R. S. REVISED STATUTES. Sec. 3760. Corporations formed under the laws of this 1855-109. State for the purpose of transmitting intelligence by magnetic j^'f'\'o'j^ig^ telegraph shall have the right of way over all lands owned by gra ph com- the State, and over any highways or navigable waters, but''^"'^^" shall so construct their works as not to interfere with, impede or hinder the free use of the highways or navigable waters, or the drainage or natural servitudes of the land over which the right of way may be exercised. Sec. 3761. All telegraph companies shall be bound, on appli- Duty of tele- cation of any officer of this State, or of the United States, in the fane's "to trllTs- event of any war, insurrection or resistance of public authority, mit certain dis- or whenever it may be necessary for the prevention of crime, or ^^^"^ ^^' the arrest of persons accused of crime or fleeing from justice, to give their communications immediate dispatch; and if any officer, clerk or operator shall refuse or intentionally omit to transmit 1132 TELEGRAPH COMPANIES. such communication, or shall designedly alter or falsify the same for any purpose whatever, he shall be deemed guilty of a misdemeanor, and upon conviction thereof Pgjj^j j^jj. shall be fined not exceeding one thjousand dollars and impris- failuretodo so. oned not longer than one year. It shall be further their duty to transmit all communications which are not immoral or contrary to law or public policy that are presented by persons offering to pay the usual rates therefor, and in the order in which the appli- cations are made. 1855—190- Sec. 3762. Whoever shall unlawfully and intentionally injure, injuring 'l^In el "^ol^st or destroy any line of telegraph, the lines, posts, abut- of telegraph, ments, materials or property belonging thereto: or who shall molest or interfere with, or in any way interrupt the use or operation of any line of telegraph, or part thereof, shall on con- viction be punished by fine not exceeding Ave hundred dollars. or imprisonment in the penitentiary not exceeding one year, or both, at the discretion of the court. Telegraphs— Sec. 3763. Any operator, clerk, director, messenger, or other tailing o r r e - person*in the employ of any telegraph company, having an office messfges". ^^"^ ^^ Station in this State, who shall refuse or omit to send or de- liver any dispatch or message for which the charges or fees shall have been paid or offered to be paid, or for the payment of which a contract shall have been made; or cause or direct to be detained or delayed such dispatch or message in order to give precedence to a message or dispatch subsequently brought to the office or station; or who shall in any way give precedence of time in sending or delivering any dispatch or message belonging to a director, officer, stockholder of such company, or other per- son, over any dispatch or message previously offered for trans- mission; or who shall reveal, make use of or make public any dispatch or message, shall on conviction be fined not less than fifty nor more than one thousand dollars, one half to the Charity Hospital of Xew Orleans, and the other half for the use of the parish in which the offence is committed, and shall be answer- able in damages to the party injured. For any subsequent offence the person so offending shall also be subject to imprisonment in the parish prison for a period not more than three months. Not to trans- Sec. 3764. No operator or agent of anj' telegraph company tending ^to^^e- Shall be permitted to transmit any message which can in any way feat the ends of ^end to defeat the ends of justice, by preventing the apprehen- sion of fugitives from justice, or by communicating such infor- mation as may enable persons charged with offences to escape. Any person so offending shall be imprisoned not less than twelve months nor more than two years, at hard labor, and fined no less than two hundred and fifty dollars nor more than five hun- dred dollars. TREASURER, CITY. 1133 THEATRES— See Amusements. TREAJ^URER, CITY— See Taxes and Licenses. Art. 3025. That the Treasurer is hereby designated as cuy Hens and , mortg'ages. the proper officer to subrogate the city's liens and mort- a. s. 4062. gages as per act ninety-six, section seventy-nine, extra session of the General Assembly of 1877. Art. 3026. That the Treasurer be directed to make out Duty of Xreas- a list of property acquired by the city of New Or- ord. No. 10,955, leans by sale from the Civil Sheriff by Act juiyz, 1895. 155 of 1894, or as much of said property as the Treasurer may deem advisable to be sold, and as soon as completed to turn over said list to the Comptroller for advertisement according to law. Art. 3027. That the Comptroller, upon the receipt of Duty or comp- said list from the City Treasurer, be and is hereby di- " ib. rected either to sell said property for account of the city of New Orleans with the proviso that not less than the amount due to the city as taxes and expenses, in- cluding State taxes due, shall be received in payment thereof, or, upon the advice of the Mayor,' Comptroller and City Treasurer, that the Comptroller be directed to send up a list of so much of said property as may be considered as revenue producing in the way of collection of rents to the City Attorney with instructions that said officer be directed to take such measures as may be nec- essary to enforce the collection of rents. Art. 3028. This ordinance will take effect from and Take effect. lb. after its passage. Art. 3029. That in all cases in which remission of cost?, penal- ties, etc , to be interest on taxes has been heretofore or shall be here- collected. Ord. No. S421, ;if ter granted by this Council on any property sold for c. s. city taxes and adjudicated to the city, the Treasurer shall require, in addition to the capital of said tax, the payment of all costs incurred by 4;he city in effecting said sale, and one dollar for each redemption certificate to be issued. 1134 TOWERS, CABLE. That in all such eases the twenty per cent, redemption fee shall not be charged unless required by the ordi- nance. Property ad- Art. 3030. That the Treasurer be directed to make judicatedto . city. and sign the necessary deeds for all property already urer. adjudicated and to be hereafter adjudicated to the city c. s.' ■ 'of New Orleans at city tax sales, and to have the same T3.n 27 iSoi ' registered in the Conveyance office of this parish ; ex- penses to be paid out of item 36 of budget of 1891. Act 56 OF 1894. To vest the collection of Poll Taxes for the parish of Orleans in the Treasurer of the city of New Orleans. Vesting the SECTION 1. Be it enacted by the General Assembly of the State of poU^ ux"in the Louisiana, That the collection of poll taxes in the parish of Or- City Treasurer, leans, together with all the processes, commissions and obliga- tions incidental thereto, as now provided by law, be vested in the Treasurer of the city of New Orleans. Sec. 2. Be it further enacted, etc., That all laws and parts of laws in conflict herewith be and the same are hereby repealed. TREES — See Offences, Railroads, Streets, Side- ' WALKS AND GUTTERS. TORPEDOES— See Combustibles, Etc. TOURO ALMSHOUSE— See Almshouses, Etc. TOWERS, CABLE. Maurice J. Art. 3031. (1) That Maurice J. Hart, his heirs, as- Franchise. sigus and succcssors, be and are hereby granted the c. s.' "■ *''^^' right for the space of fifty years to erect and construct ' ' ^*in the streets and on other public property, and on pri-j vate property with the owner's consent, within the dis- trict bounded by Delord and Esplanade streets and the] river and Rampart street, a system of towers or sup- TOWERS, CABLE. 1135 ports for the purpose of carrying all wires and cables, whether for telephone, electric lights, telegraph or other electrical objects, and said Hart, his heirs, assigns and successors, shall, at all times during said fifty years, have the right to extend this system of supports and towers through any and all parts of the city. Art. 3032. (2) That the said towers or supports ^ Towers, etc ^ ■' '■ '■ how construct- shall be constructed in such manner as to offer the least eti- possible impediment to the use of the banquettes or streets, to be of star iron work of the lightest character compatible with the work to be done, and to have cross- arms of wood or other material for the support of the Avire. They shall be kept painted and present a neat * appearance, and the lower wires thereon shall not be less than ten feet above the roof of the buildings near where a tower is located, except when located upon neu- , tral grounds, or at any considerable distance from the nearest buildings. Art. 3033. The said towers, when planted or located Locations, at the corners or intersection of streets, shall have their legs or angles fixed at the corners or angles of the side- walks, unless upon advice of the Commissioner of Public Works other positions for said legs or angles shall be selected. The whole of the said construction of towers or supports shall be under the supervision of the Com- missioner of Public Works. Art. 3034. (3) That the said towers or supports shall Divided into be arranged or divided into sections, each section, or^^*^"°"*' series of sections, to be devoted to some particular class of electric wires ; as one for arc lighting, another for incandescent lighting, another for telephone wires, another for telegraph, and so for all other purposes for which wires or cables or other electrical conductors may be run ; and said grantee, M. J. Hart, his heirs, assigns and successors, shall have and are hereby given the right to fix, charge and collect a price or hire not charges per exceeding five hundred dollars per mile for a horizontal"" *"' section or division of three by five feet upon every tower and support within said mile for occupation by not more wires or cables than shall, together, be of the weight of 1136 TOWERS, CABLE. one hundred number ten wires, American measurement (say Brown & Sharp's), and no person shall claim or demand any right to have a less price for a smaller space or less weight. Trunk lines. Art. 3035. (4) That there shall be four trunk lines, respectively, on Rampart, St. Charles, Magazine and Tchoupitoulas streets, and that the said grantee, his finished. ° ^ heirs, assigns or successors, shall begin work within six months from the passage of this ordinance, and shall finish the same as required hereby, within two years from the adoption of this ordinance. Removal of Art. 3036. (5) That whenever, in the course of con- poss.ec. . struction or erection of any of said towers or supports, it shall be found necessary to remove or displace any post, pole, awning, sign, support or other thing in or upon the public places, banquettes or streets, the said grantee, his heirs, agents, assigns and successors, shall have the right to remove or displace any post, pole, awning, sign, support, or thing or things, and to occupy the place or places from which said removal shall have been made. Byothercom- Art. 3937. (6) That whcucver the said grantee, his heirs, assigns, agents or successors, shall be ready, with any of their said towers or supports, to receive wires running through the street or streets of the city, and supported by poles, posts, or other supports, it shall be the duty of the various persons, companies or corpora- tions owning said wires and posts or poles, to remove the same from the said street or streets and sidewalks without delay, and to repair and put back in order the street or banquette at the point where said posts or poles have stood ; and it shall be the duty of the city ofiicers to enforce this section, and such steps shall be taken by the said officers and such ordinances passed by the city as may be found necessary to clear the street and ban- quettes of said posts and other obstructions or poles for electric wires other than the towers and supports to be constructed under this ordinance. Art. 3038. (7) That whenever any of said towers or supports, shall be ready ~f or wires, all persons or com- TOWERS, CABLE, 11^ panics having telegraph, telephone, electric light or wires of other other electrical wires running through the streets of the be placed ° , on said tow- city, or who shall desire to run such wires through the ers. streets, shall run them upon the towers and supports constructed pursuant to this ordinance ; the purpose and intent of this ordinance, in the public interest, being to keep the streets free of obstructions, to provide a safe and easily inspected and maintained system of supports, to prevent the confusion which arises from the separate control of several distinct and different systems of run- ning electric wires through the streets and to protect life and property from danger and fire, and to secure, without cost to the city or its taxpayers and inhabitants, the said improved and easily supervised system. Art. 3039. (8) That no person or persons shall ^^1^*.';^ *'*=•► fasten or affix any lines, ropes, wire or other material, or attach any notice, poster or sign, electric or other light to said towers or supports, unless by the consent of the said Hart, his heirs, assigns and successors, nor shall any person or persons deface or injure any part of said structures, towers or supports, and any person doing any act in violation of the provisions of this sec- Penalty, tion shall be subject to a fine of twenty-five dollars, or in default of same, imprisonment in the parish jail for thirty days, to be enforced before the Recorders of the city of New Orleans, or in any other manner per- mitted by law. Art. 3040. (9) That the officers of the city of New p°""- Orleans are hereby directed and required to enforce all the provisions of this ordinance, and such ordinances shall be passed from time to time as may be needed for the purpose of carrying out the provisions of this or- dinance, maintaining the rights and enforcing the obli- gations herein granted or stated. Art. 3041. (10) That in consideration of the fore- Amounttobe going, said Hart, his heirs, assigns and successors, shall ^ ' pay to the city of New Orleans 5 per cent, of the annual profits derived from the occupation of said towers by electric wires ; and further, he, said grantee, his heirs, assigns and successors, shall provide a pipe of suit- 1138 TOWERS, CABLE. Water pipes, able size to be permanently fixed and run upon each of the towers from the ground upward, to be used as a fire pipe or hose, said pipe to be fitted for attachment to the pumping fire engines now in use in the city, and to have openings at various distances along its entire length, each opening to be fitted for the attachment of hose for water for the extinguishment of fires ; and further, said grantee, his heirs, assigns and successors, shall at all times allow the city of New Orleans to run its fire alarm and other wires belonging to the city upon the towers or supports free of cost. Organiz tion Art. 3042. (11) That the said grantee, his heirs, of Stock Co. . ^ ^ ^ 1 ,1 1. Ji • -u^ 1. assigns and successors, shall have the right to organize a stock company for the purpose of carrying out this Rights of. ordinance, and the contract to be entered into there- under, and said grantee, his heirs, assigns and succes- sors, or the said company, shall have the right to mortgage all rights, franchises and powers or property obtained by or under this ordinance for the purpose of constructing, running and managing the said towers and supports in the business therewith connected. Art. 3043. (12) That in order to ascertain the amount of profits realized by the grantees, the City Treasurer shall at any and all times have access to the books of said grantee or his successors and assigns, and any refusal on their part to allow such access to said officer will be sufficient cause to operate a forfeiture and cancellation of all the rights and privileges granted by this ordinance. Art. 3044. (13) That upon signing said contract the grantee or grantees thereunder shall furnish bonds with good and solvent security to the satisfaction of the Mayor, in the sum of $25,000, conditioned that they shall well and faithfully carry out all of their obliga- tions under this ordinance. City held Art. 3045 (14). That in the contract to be executed *"" *^" under this ordinance and by the bond above referred to, the grantee or grantees shall bind themselves, and each of them, to hold the city of New Orleans harmless from any action which may be brought by any party or VAGRANTS AND IDLE PERSONS. 1139 parties to be affected by any of the provisions of this ordinance. Art. 3046. (15) That any electric light company other com- which may now have or in the future obtain from the city the privilege of erecting lights or lamps shall have the full right to place the same on any of said towers upon payment of an annual rental not to exceed five dollars per light or lamp. Art. 3047. (16) That the Mayor be and is hereby ^^ayor to con- instructed to enter into notarial contract for the pur- poses of carrying out and executing this ordinance, and that all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Ordinance Xo. 214.5, C. S., March 8, 1887. Ordinance No. 3630, C. S., extend time for completion of towers, two years. Ordinance No. 5222, C. S., permission to erect tower corner Poydras and Dryades streets. Ordinance No. 5223, C. S., fixing time for completion of towers. Ordinance No. 6274, C. S., fixing time for completion of towers. TRUST FUNDS— See Almshouse, Etc. VACANCIES. See sections 54, 55, 56 and 57, City Charter. VACANT HOUSES— See Offences. VAGRANTS AND IDLE PERSONS. See House of Refuge. Art. 3048. (1) That all idle persons having no visible means wherewith to support and maintain themselves, 1140 VAGRANTS AND IDLE PERSONS. Definition, aud who live without employment ; all persons wandering Aug*, 1871'. abroad or about the streets, wharves, landings, public squares or places, and lodging in beer houses, market places, sheds, barns, uninhabited buildings, or in the open air, and not able to satisfactorily account for such act and conduct; all persons who, without any apparent means of honestly earning their livelihood and sup- port, or who live in or habitually loiter about and frequent houses or places known by the police authorities to be harboring places for and resort of thieves, burglars and suspicious characters ; all persons who shall have been officially reported to the police authorities of the police district in which the city of New Orleans is included, by the police authorities of any other State or city in the United States, as a notorious thief or criminal, and who shall remain in the city of New Orleans without honest employment, without some honest avocation, twenty-four hours after the police authorities shall have notified such person that his character is known to them ; all persons who follow the occupation of enticing strangers and other persons to visit gambling houses or to gamble ; all ropers and cappers and such persons as are commonly known as pimps ; all persons who follow gambling for a vocation and depend on gambling games, or furnishing rooms, tools or implements for playing games as a means of subsistence and income ; all per- sons who are habitual beggars and who beg on the streets, or who go from house to house soliciting alms, without first having obtained a permit therefor from the Police to make '^^y^'' ^^ the city ; all habitual drunkards who shall *"*^*' lb. abandon their families, or neglect or refuse to aid in the support thereof, and who shall be complained of by any member of their family, shall be deemed and are hereby declared to be vagrants, and it shall be the duty of the members and officers of the police to arrest all such persons when found within the limits of the city of New Orleans and bring them before any Recorder holding his court within the city, who shall hear and determine the charge and accusation made against such person without unreasonable delay, and if he shall find the ac- cused to be guilty and a vagrant according to the provi- VAGRANTS AND IDLE PERSONS. 1141 sions of this ordinance, such Recorder shall impose on Penalty, such vagrant a fine not exceeding one hundred dollars, and in default of payment of such fine and all the costs, may commit such vagrant to the workhouse for a term of imprisonment not exceeding one calendar month, without fine, as in his discretion shall best subserve the ends of justice. Art. 3049. (2) That all persons who shall, within the limits of the city of New Orleans, establish, maintain Harboring or keep any tavern, boarding house, grocery house, grog t h i c v e s and shop, as a resort for thieves, burglars or notorious crim- ' tb, inals, knowing such persons to be reported thieves, burglars and criminals, or vagrants without any ap- parent honest vocation, business or means of support, and all persons keeping, establishing or maintaining any place or places known to be the resort of thieves, burglars, criminals, or persons by the first section of this ordinance declared to be vagrants, may be arrested and brought before any Recorder in the city, and upon con- viction shall be fined the sum of $300, and in default of payment of fine shall be committed to the workhouse for a term not exceeding one calendar month, and upon a second conviction, under this section, it shall be the duty of the Recorder to commit the offender to the work- house for the full term of one calendar month, which punishment shall be repeated on each subsequent con- viction of such offender. Penalty. JUVENILE VAGRANTS. Art. 3050. (1) All children found pilfering; all children found begging within the limits of the city ; all children found gathering waste merchandise, lost or refuse articles, unless the same be 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 children who are left without education and learn no honest trade and occupation ; all children abandoned to themselve«, or who are not provided for by their parents Definition. Nov., 1851. 1142 VAGRANTS AND IDLE PERSONS. 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 competent court, and shall be disposed of according to the laws establishing houses of juvenile delinquents and vagrants. Punishment of Art. 3051. (2) lu cvcry case where a child shall ^^"ams.^ "" * become a vagrant, or fall within the description con- tained in the several 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 offence 5 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 paidj provided, that said imprisonment shall not exceed one month. Duty of po- Art. 3052. (3) Every policeman, whenever any vio- '"^^" ib.lation of this ordinance shall come within or is brought to his knowledge, shall immediately arrest the offend- ing child, parent or guardian, and bring him before the proper authority, to be dealt with according to law. Duty of City Art. 3053. (4) In all cases arising under this ordi- ttorney. ^^auce, whcuever the intervention of any of the district courts shall be deemed necessary by the Recorders 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 city, whenever required by either of the said magistrates, to institute and prosecute the necessary proceedings or defend the case. IDLE PERSONS. "To move on" Art. 3054. (1) That cvcry pcrsou being able, either M*ay', 1^87^.' wholly or in part, to maintain himself or herself or his or her family, by work or by other means, and wilfully refusing or neglecting so to do ; every idle person who, not having visible means to maintain himself or herself, lives without employment; every person who (after having been directed by any officer or member of the police force to move away therefrom) shall remain or VAGRANTS AND IDLE PERSONS. 1143 loiter in front of or in the neighborhood of any church Not to loiter " " . in f r o n t of or other place of public worship, during the service theatres and therein, or while the members of its congregation are repairing to or returning from said church or other place of public worship ; every person who (after having been directed by any officer or member of the police force to move away therefrom) shall remain or loiter in front of or in the neighborhood of any theatre, concert hall, ball-room, or other place of public amusement, during the time that such places shall remain open to the public, or while the public are repairing thereto or returning therefrom; every person who (after having been directed by any officer or member of the police Definition of •' "^ ^ idle and dis- force to move away therefrom) shall remain or loiter in orderly persona front of or in the neighborhood of any coffee-house, barroom or beer saloon situated within the limits of the city of New Orleans; every person who shall, without legitimate business thereat, remain, loiter or idle his time on the sidewalks or public streets within the limits of the city of New Orleans between the hours of 10 A. M. and 12 p. m. (after having been notified to move therefrom by any officer or member of the police force) ; every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner ; every habitual drunkard who shall abandon his or her family, or shall refuse or neglect to aid in the support of his or her family, shall be deemed an idle and disorderly per- son within the true meaning and intent of this ordi- nance ; and it shall be lawful for any Recorder or Jus- tice of the Peace, vested with criminal jurisdiction (such offenders being thereof convicted before him by his own view, or by the confession of such offender, or Penalty, by the evidence, on oath, of one or more credible wit- ness or witnesses) to punish such offenders by imposing a fine of not less than ten nor more than twenty-five dollars, or in default of the payment of such fine, im- prisonment in the parish prison for any time not less than ten nor more than thirty days. Art. 3055. (2) That every person wandering abroad 1144 VAGRANTS AND IDLE PERSONS. Rogues and and lodging in any barn or outhouse, or in any deserted ^^f stsols. or unoccupied building, or in the open air, or under a '^^' ' '^' tent, or in any cart or wagon, not having any means of subsistence, and not giving a good account of himself or herself ; every person wilfully exposing to view in any street, road, highway or public place, or selling or offering for sale any obscene print, picture, or other in- decent exhibition ; every person wilfully, openly, lewdly and obscenely exposing his person in any street, road or public highway, or in view thereof, or in any place of public resort, with intent to insult any female ; every person wandering abroad and endeavoring by the expos- ure of wounds or deformities to obtain or gather alms ; every person going about as a gatherer or collector of alms, or endeavoring to procure charitable contributions of any nature or kind, under any fraudulent pretence ; every person playing or betting in any street, road, high- way or other open and public place, at or with any table or instrument of gaming, at any game or pretended game of chance ; any person found armed with any dangerous or offensive weapon or instrument whatever, with intent to break or enter into any dwelling house or other build- ing whatsoever, and to commit any felony therein ; or shall be found having in his possession, without lawful excuse (the proof of which shall lie on such person), any picklock, key, crow, jack, bit or other instrument of house breaking ; or shall be found by night having his face blackened or otherwise disguised, with intent to commit any felony ; or shall be found by night in any dwelling house or other building whatsoever, with probable intent to commit any felony therein; every reputed thief, frequenting any river, canal or navigable stream, dock or basin, within the city of New Orleans, or any warehouse near or adjoining any such river, canal or navigable stream, dock or basin, or found in or near^ any hotel, railroad depot, or theatre or other place oi amusement, or any place of public resort, or any avenu< leading thereto, or any street, highway or place adjacent with probable intent to commit felony, shall be deeme a rogue and vagabond within the true intent and meau^ VAGRANTS AND IDLE PERSONS. H^l^ ing of this ordinance ; and it shall be lawful for any Recorder or Justice of the Peace vested with criminal jurisdiction (such offender being thereof convicted before him by his own view or by the confession of such offen- der, or by the evidence on oath of one or more credible p^'^'^^t- witness or witnesses) to punish such offenders by im- posing a fine of not less than ten nor more than twenty- five dollars, or in default of the payment of such fine, to imprisonment in the parish prison for any time not less than ten nor more than thirty days. Art. 3056. (3) That it be and it is hereby made the Duty of po- duty of any officer or member of the police force to direct every person to move away from in front of or from the neighborhood of any church or other place of public worship, during the service therein, or while the members of its congregation are repairing thereto or therefrom ; it is further made the duty of any officer or member of the police force to direct every person to move away from the front or the neighborhood of any theatre, concert hall, ball-room or other place of public amusement, during the time that such place shall remain open for the public, or while the public are re- pairing thereto or therefrom : and it shall be the further duty of any officer or member of the police force to direct every person to move away from the front or the neighborhood of any coffee-house, barroom or beer saloon situated, or from any sidewalk or the public streets within the limits of the city of New Orleans ; and in case any officer or member of the police force shall refuse or neglect to perform any of the duties re- Penally, quired by the third section of this ordinance, or shall not use his best endeavors to apprehend and to convey before some Recorder or Justice of the Peace, vested with criminal jurisdiction, any person that he shall find offending against any of the provisions of this ordi- nance, it shall be deemed a neglect of duty in such offi- cer or member of the police force, and he shall (on conviction thereof before the said Recorder or Justice of the Peace, vested with criminal jurisdiction, by the confession of such officer or member of the police force ^, 1146 VAGRANTS AND IDLE PERSONS. or by the evidence on oath, of one or more credible wit- ness or witnesses) be punished by a fine of not less than ten nor more than twenty-five dollars, or in default of payment of such fine, by imprisonment in the parish prison for any time not less than ten nor more than thirty days. KE VISED STATUTES. i8ss— 130. Sec. 3877. All idle persons who, not having visible means to yagranu.°" ° maintain themselves, live without employment; all persons wan- dering abroad and lodging in groceries, taverns, beer houses, market places, sheds, barns, uninhabited buildings, or in the open air, and not giving a good account of themselves; all per- sons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms; habitual drunk- ards, who shall abandon, neglect or refuse to aid in the support of their families, and who may be complained of by their fami- lies, shall be deemed vagrants. Adult va- Sec. 3878. It shall be the duty of any Sheriff, Constable, deaft with ^°^ Policeman, or other peace otiicer, whenever£required by any person, to carry such vagrant before a Justice of the Peace of any parish, or before any one of the Recorders of the city in which he shall be, for the purpose of examination; and if the Justice or other officer be satisfied by the confession of the offender, or by competent testimony, that he is a vagrant within the description aforesaid, he shall make a certificate of the same, which shall be filed with the Clerk of the court of the parish, and in the city of New Orleans the certificate shall be filed in the office of one of the Recorders; and the Justice or other officer shall issue a warrant to commit such vagrant, if in the city of New Orleans, to the workhouse of the city, for any time not exceeding six months, there to be kept at hard labor; or if such vagrant be a proper object of charity, to some place of refuge to be provided by the Common Council of the city ; and if in any of the parishes, to the parish jail for not more than six months, and if such vagrant be a proper object of charity, to such place of refuge as shall be provided by the parochial authorities. Juvenile va- Sec. 3879. If any child shall be found begging for alms, or t^\^d^' **°^ soliciting charity from door to door, or in any street, highway or public place, such child shall be deemed a vagrant, and any Justice of the Peace of the parish, or any one of the Recorders or Aldermen of the city of New Orleans, shall commit him to sucli place of refuge as may be provided by the parochial authorities, and if in the city of New Orleans, to the House of Refuge of the VEHICLES. 1147 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. Sec. 3880. All persons apprehended with any picklock or other who shall be instrument, with the probable intention to feloniously break and bond's^'ind sus- enter any dwelling house, or with any offensive weapon, withP'cious per- probable intention to feloniously assault any person, or who shall they' slfa 1 1 °be be found in any dwelling house, outhouse, store, yard or garden, dealt with. with probable intent to steal, shall be reputed vagabonds and suspicious persons, and shall, upon conviction, be punished with imprisonment, with or without hard labor, not exceeding three months. Sec. 3881. All persons who shall be convicted a second time Second of- of any of the offences mentioned in the preceding section shall [|°g| ^°^ P"'^' be condemned to imprisonment at hard labor for not more than three years nor less than six months. Sec. 3882. All persons hai-boring vagrants or suspicious per- Penalty for gons, knowing them to be such, shall, upon conviction, be lined '**'^*'?""8' va- ^ 7 J- 7 grants. in a sum not exceeding live hundred dollars nor less than one hundred dollars. VEHICLES. Sec Animals, Drivers, Funerals, Offences, Pounds, Streets, Wharves. Art. 3057. (1) That, as a police regulatiou, it shall Vehicles to be be unlawful hereafter to run on the streets any cab, Ord! no^. 654, carriage, cart, dray, float or other vehicle used for the ApVii .,1884. conveyance of passengers or freight, excepting horse or steam cars, unless such vehicle is duly numbered ac- cording to methods already in operation for the number- ing of licensed vehicles, which numbers must be ob- tained and registered for reference at the office of the City Treasurer, who is hereby authorized and instructed to issue same to applicants upon affidavit that said num- urer's office!** ber so applied for is for a vehicle to be used solely and absolutely in the prosecution of a business on which the applicant already pays a tax or is licensed. Art. 3058. Said numbers to be thereupon issued to cost, applicant and recorded at an expense to him of not more than fifty cents for each vehicle so numbered. 1148 VEHICLES. Penalty. Art. 3059. (2) Any such Vehicle found by the police running unnumbered shall be considered in contraven- tion and liable to impounding, and any driver of same shall be liable to arrest, trial and punishment, if con- victed before the Recorder having jurisdiction, by fine not exceeding twenty-five dollars, or by imprisonment not exceeding thirty days, and the expense of impound- ing to be borne by the party in contravention, ^f'^othe'r ?el'r?. ^^T. 3060. (1) That uo pcrsou shall keep attached to A°sl' ■^°' ^^ ^' ^^^^^ vehicles any license plates or numbers other than Feb , 1877. those of the current year. Any violation of this ordi- nance will subject the party offending to a fine of five dollars for each offence. This ordinance to take effect on the first day of March, 1877. j^Defaced num. Art. 3061. (11) Whenever the number of any dray, De?*'?8^* ^^^'*'' ^^^' coach, hack or other carriage or vehicle shall be erased or defaced by time or some other cause, so that it can not be distinctly deciphered, the owner of such vehicle aforesaid shall have his number imme- diately 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' article, or be imprisoned from seven to fourteen days. License^ piat^. Art. 3062. That from and after the promulgation of c-s. 'this ordinance, it shall be the duty of the police to Mar. 19, 1889. •^ ^ arrest and impound any vehicle that the license plates of which are not attached to the vehicle in a permanent manner, or any which have more plates attached than those necessary to cover the current year's license. Lamps. Art. 3063. (1) That every public carriage, hack, cab juiyi 1875.' or pleasure vehicle standing for hire upon the streets or. public places, and every omnibus or transfer coach shall have lamps upon the vehicle, and shall keep them lighted when employed or running at night ; and for each and every contravention of this ordinance the owner or driver of said vehicle shall be fined not less than ten dollars or more than twenty-five dollars, and in default of payment of said fine shall be committed to the parish prison for not less than five nor more than ten days. Officer's duty. Art. 3064, (2) That it shall be the duty of the officer VEHICLES. 1149 arresting the owner or driver of a vehicle violating this ordinance to send the vehicle and the animals conduct- ing it to city pounds. Art. 3065. (16) Carters, draymen, etc., shall not, Refusal to , ^ "^ , , , transport mer- under any pretext whatever, when unemployed, refuse chandise. to transport merchandise and any other articles what- s. * ever, on payment of the legal dues, under a penalty of a fine of five dollars for each contravention. Art. 3066. (17) It shall not be lawful for any dray, what consti.- ^ ' J J > tutes a load. cart or other vehicle to transport in any of the streets or ib. other roads of the city, at one time, a greater load of one article than is fixed by the following scale, viz. : Five bales cotton. One hogshead tobacco. One hogshead or five barrels of sugar. Three barrels of molasses. Ten sacks of coffee. Five barrels of pork, or other salt provisions. Eight barrels of flour. Five barrels or twenty kegs lard. Sixteen sacks corn. Ten barrels coal. Sixteen kegs nails. Two casks bacon. Eight sacks salt. Two sacks 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 of tar. Five barrels rosin. One pipe brandy^ I o. 1150 VEHICLES. Two casks wine or other liquor. Four barrels whiskey or other liquor. Twenty pigs lead. . 0rd.N0.831s, Art. 3067. One (1000) thousand feet of lumber shall Nov. 14, 1893. constitute a load for one mule or horse. Twenty-five (2500) hundred feet of lumber shall constitute a load for two mules or horses. Thirty -three (3300) hundred feet of lumber shall constitute a load for three or more mules or horses. Ord. No. 1913, When hauled by tumbril, 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. Five hundred pounds granite or marble, or other arti- cles 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. Penalty. Art. 3068. (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 viola- tion of any of the provisions of this ordinance, and to conduct the same to the office of the Recorder of the dis- trict wherein such carriage, dray, cart or other vehicle may be found in contravention. Court juris- ^^'^' ^^^^- (21) "^^^ ^^^^ imposed by the present d><=t'<"'- j^ ordinance shall be recovered before any Recorder's court, justice of the peace, or any court in this city hav- ing jurisdiction for the benefit of the city, citv carts. Art. 3070. (1) That the carts employed otherwise than Novi/fllj. temporarily by the Street Commissioner, the City Sur- veyor, 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 cart," under a penalty of $5 for each offence, recover- able 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 $10, recoverable as aforesaid. Art. 3071. (1) That from jand after the passage of VEHICLES. 1151 this ordinance, cabs, hacks, carriages and all other vehi- To keep to 1 IT • 1 i-i -t • ./.the right and cles, public or private, which are driven on any part of left. Canal street, between Claiborne street and the Metairie sept.^^sys. ridge, shall, when going toward the river, take that side of said Canal street which is in the First District, between the neutral ground and the sidewalk, and when going toward the Metairie ridge they shall take that side of said street which is in the Second District, between the neutral ground and the sidewalk. Art. 3072. (2) That the owner or driver of any vehi- cle which shall be driven on Canal street, between Clai- borne street and the Metairie ridge, in contravention of this ordinance shall be liable to a fine of $10, recoverable before any court of competent jurisdiction. Art. 3073. (3) That the Administrator of Police be Penalty sign and is hereby authorized and instructed to have placed ' ib. on Canal street, in conspicuous positions, two sign boards on Claiborne street, two at Broad street, two at Hagan avenue, two at Carrollton avenue and two at the ceme- teries, notifying persons driving on Canal street of the side they are required to take, and the penalty for every violation of this ordinance. Art. 3074. (1) It shall not be lawful for any person Driving oyer or persons to ride or drive over the bridge across the "0^3! ^jof*'' 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 mpre than twenty-five dollars for each offence, re- coverable before any competent court. Art. 3075. (2) That copies of this ordinance shall be ordinance to posted on the most conspicuous places on said bridges. ^^ p^^'^^'^- ^^^ 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. Art. 3076. (1) That it shall be the duty of all the Duty of PoHce. police officers, policemen and watchmen to arrest all Augi.^is'se. persons who may violate any of the provisions of the ordinance to which the present is supplementary, and take such person or persons before the Recorder of the district wherein the offence may be committed ; and, 1152 VEHICLES. upon due proof being made, such offender shall be eon demned to pay the fine or penalty imposed by said or- dinance. Duty of City Art. 3077. (2) That the Surveyor be and he is hereby lb. instructed to cause to be painted in large letters, on some conspicuous portion of said bridge, the penalty for fast driving over said bridges, in accordance with said ordinance. Stations and Art. 3078. (1) That from and after the passage of stands. ^ ' r o o. s. 1722. this ordinance the stands and stations for public cabs O. S. 52JJ. ^ July, i8s4. and carriages of every description, for the First District of the city of New Orleans, shall be as follows : on either side of Lafayette square, comprising Camp and St, Charles streets ; that is to say, to stand next the side- walk adjoining said square ; on either side of St. Charles street, from Poydras to Canal street ; on the south side of Gravier street, from the limits of the corner of the St. Charles Hotel to its extent, it being understood that the said cabs and other public vehicles shall not be so arranged as to in any manner impede the ingress or egress of the doorways of said hotel, or to in any manner impede the landing of passengers from either private or public vehicles who are about to let out or take in passengers; provided, that any owner or occupant of any store or dwelling shall make no objection to any public vehicle to occupy such stand in front of his or their property or dwelling as aforesaid. And for any violation on the part of the owner or owners, or drivers of said vehicle, of this section of this ordinance, he or they shall pay a fine of not less than ten dollars nor more than twenty for each offence, recoverable before the Recorder of the First District, and in default of payment shall be committed to prison for not less than ten nor more than thirty days. Second Dis- Art. 3079. (2) The stand or station for the Second *"*^^" lb. District of 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 sw8«mp, next the neutral ground ; on the north side of St. Louis, from the corner of Chartres street, in the front of the VEHICLES. 1153 Ht. Loui.s p]xchange 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 dwellings 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. Art. 3080. (3) The stand or station for the Third Third District District of 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 or 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 proprietors of hotels, storekeepers and owners of prop- erty or tenants shall make no objection to any driver or owner of any cab or carriage to occupy a stand in front of said property as aforesaid. . Art. 3081. (4) All owners or drivers of public cabs Penalty. • or carriages who shall stop or stand, or attempt to ^^' stand, other than 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 offence, recoverable before any court of compe- tent jurisdiction, for the benefit of the city. Art. 3082. (.5) It shall be the duty of all owners or Positions of drivers of public cabs and carriages to leave a space be- ^ *" ^' ib. tween each intersection or crossing of any street or streets on which they are permitted to stand, of at least fifteen feet between said cab and the crossing or inter- section 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 violate any of the provisions 1154 VEHICLES. of this section of the ordinance shaL be liable to a fine of twenty-five dollars for each offence, recoverable as aforesaid. To remove Art. 3083. (7) It shall be the duty of all owners or streets. drivcrs of public caft)S or carriages, whenever the con- ' tractors 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 oc- cupy, 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 man- ner impede or prevent the performance of said work shall be liable to a fine of twenty-five dollars for each offence, recoverable as aforesaid. Not to stand Art. 3084. (9) It shall not be lawful for any cab, R^oyai streeu."'^ Or Carriage, dray, cart or other vehicle to stand on Chartres or Royal streets, 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 afore- said. To stand on Art, 3085. (10) Drays, carts, cabs, carriages or other vehicles 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 subject to the same regulation made and provided as in section 7 of this • ordinance. Duty of Chief Art. 3086. (11) It shall be the duty of the Chief of of Police. 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 any 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. Art. 3087. ((3) From and after the passage of this ordinance it shall not be lawful for the owner or owners of any cart, dray, wagon, carriage or other vehicle to VEHICLHS. 1155 suffer the same to remain in any of the streets or public Not to remain 1 dl e o n t h e ways of the city, during the day or night, unless the streets.^ same shall be in actual use at the time, under a penalty April' 1853. Amended by of three dollars; and any such cart, dray, carriage or ord. No. 3033. other vehicle shall be taken by the Street Commissioner or his deputies, or by the day or night police, to the city pound of the district where so found in contraven- tion, 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 Com- missioner to advertise and sell the same as provided for in the case of strays, in the third section of this ordi- nance, and it shall be the further duty of the police to make affidavit against the owner of such cab, wagon, dray, carriage or other vehicle, and the said owner or owners shall, upon conviction, be fined not less than five nor more than twenty-five dollars, or in default of payment to imprisonment not exceeding thirty days by the Recorder having jurisdiction. Art. 3088. That each and every cabman or driver to remove having a vehicle or vehicles of anv description what- °ord. No. 3310, " c s ever, for hire, located upon any of the thoroughfares of 001.30,1888. the city, as authorized by Ordinances Nos. 1722 and 5222. Old Series, be, and the same are hereby required to reinovi-, or cause to be removed, all offal or dropping created by the animal or animals attached to said public vehicles, twice daily, to-wit: at or before 12 M., and at or prior to 5 P. M. Art. 3089. Any failure upon the part of the said dri- Penalty, vers or cabmen to conform to the requirement of this ordinance shall subject such driver or cabman so offend- ing to a fine not greater than twenty-five dollars or im- prisonment not exceeding thirty days, at the discretion of the Recorder of the district in which the offence was committed. Art. 3090. (1) That it shall not be lawful for any R^teot charges owner, driver or person having charge or authority over p^b.', 1572. a publi(? hack, carriage or cab for hire, to charge more than the following rates for the same : u n r i 8 e to midnight. 1156 VEHICLES. (rt) For carriages drawn by two horses, any distance not exceeding one mile, or twelve squares, for one or two persons, one dollar each, and for each succeeding mile or less, seventy-five cents. (6) For every such carriage hired by the hour, three dollars for the first hour, and two dollars for each suc- ceeding hour or fractional part thereof, for the use of the entire carriage. (c) For cabs or carriages drawn by one horse, any distance not exceeding one mile (or twelve squares), for one or two persons, seventy-five cents each ; and for each succeeding mile or less, fifty cents. (d) For every such cab or carriage hired by the hour two dollars for the first hour, and one dollar and fifty cents for each succeeding hour or fractional part thereof, for the entire cab or carriage. Art. 3091. These rates shall apply from sunrise to i^- midnight. From midnight till sunrise the price shall be fixed by agreement mth the driver, but in no case shall double the above rates be exceeded; provided, how- ever, that nothing in this ordinance shall be so con- strued as to restrict the owner or driver of any of the vehicles mentioned from contracting at a greater com- pensation than the rates fixed herein. Penalty. Art. 3092. (2) That any owner or driver of a vehicle Amended by fouud violating the provisions of this ordinance shall be c. s. ' 'subjected to a fine not exceeding twenty-five dollars, recoverable before any Recorder, and in default of the payment, be imprisoned not exceeding thirty days. Topostordt- Art. 3093. (3) That all owners or drivers of public lb. vehicles to whom this ordinance may extend are required, under a penalty of twenty-five dollars, to have a copy of this ordinance conspicuously posted in their cab or carriage, and in default of the payment of said fine, to be imprisoned not exceeding ten days, or both, at "the option of the Recorder. French Mar- Art. 3094. (1) That it shall be unlawful for any Ord. No. 86, vehicle, cart or city car to drive at a faster gait than a jan.-33, i833. walk in passing in front of the French Market from Ursulines to St. Ann streets, during market hours, (5 VEHICLES. 1157 A. M. to 12 M., and any one violating* the same shall be Penalty. fined ten dollars or ten days parish pi-ison. VEHICLE PLATES. Art. 3095. (1) That all persons owning carriages, Position of -, , „ -, „ -,. , vehicle plate. cabs, carts, dravs, etc., be compelled to pav for a vehicle ords.Nos. 797 -, \ "1 , • , . , " . . and 1927,0 S. plate and place the same upon their vehicle in a conspic- juiy, 29, iS86. nous position, under a penalty of twenty-five dollars "^'* ' fine, and in default of payment to imprisonment for ten Penalty, days, recoverable before any court of competent juris- diction ; but nothing herein contained shall be construed as applying to carriages or buggies used exclusively for private use. All acts in conflict with this are hereby repealed. PRIVATE VEHICLES. Art. 3096. (1) That every privntc cjii riagc hack, cart Lights, or vehicle, standing upon the streets or public places c. s. '* "' after dark, shall have lamps upon the vehicles and shall '*''•''' keep them lighted when employed or running at night, and for each and every contravention of this ordinance the owner or driver of said vehicle shall be fined not less than ten ($10) dollars, nor more than twenty-five ($25) Pe^a'ty. dollars, and in default of payment of said fine shall be committed to the parish prison for not less than five (5) days nor more than ten (10) days, at the discretion of the Recorder of the district wherein the offence was committed. Art. 3097. That from and after the passasre of this Poi'ow«nK cars ' Ord. N o 7287 ordinance it shall be unlawful for any vehicle to follow c. s. in the tracks of any street railroad, any cars of said rail- roads, electric or otherwise, at a distance less than thirty feet. Art. 3098. That any vehicle following any street car stops, at a distance of thirty feet shall be compelled to stop immediately at said distance whenever said street car ahead of said vehicle shall have stopped. Art. 3099. That any driver of any vehicle or vehicles Penalty, who shall violate the foregoing provisions of this ordi- nance shall be guilty of a misdemeanor and subject to a 1158 VEHICLES. fine of five dollars, nor more than twenty-five dollars, or imprisonment for five nor more than thirty days, at the discretion of the Recorder having jurisdiction of same. Repealing Art. 3100. That all ordinances or parts of ordinances clause. lb. conflicting with the provisions of this ordinance be and the same are hereby repealed. Obstructing Art. 3101. That during the various parades of our carnival p r o • cessions. Carnival societies it shall be unlawful for anv person in Ord. No. 4227, " c. s. charge of a vehicle or horse, or any other person to ob- struct the line of route from curb to curb, and any one so offending shall be punished by a fine of not less Penalty. than fivc doUars, or more than twenty-five dollars, or imprisonment for a term of not less than one day or more than twenty days, at the discretion of the Recorder of the district in which the offence shall be committed ; and it is hereby made the duty of the police to strictly enforce the provisions of this ordinance. ^United States Art. 3102. That on and after the passage of this or- Ord. ko.eyai.dinance it shall be unlawful for any vehicle or vehicles Amended by to travcrsc Dccatur street from Canal to Customhouse Ord. No. 7022, c. s. street on days when the said court shall be in session. Art. 3103. That any one violating the provisions of this ordinance shall be fined the sum of five dollars, or If- in default of same ten days' imprisonment for each violation. Failure to Have License Plates, See Potinds. Use of Povdras Street, See (Right and Left Roadway) Streets. F'ast Driving, See Drivers and Driving. Keep to the Right, See Drivers and DriviiKj. DiTY of Driver in Case of Accident, See Drir.rs Insulting Language, See Dnvers ai"i Drir- ing. Minors Driving, See Drinrs mid Dricing. Penalty. VIDANGEURS. 1159 VESSELS — See Wharfinger and Wharves. Mooring in Front of Pipes of Waterworks Company. See Watenooi'ks. Acts of 1858, No. 245. p. 171. Acts of 1859. No. 136, p. 106. Acts of 1869, No. 38, p. 37. VIDANGEURS. Art. 8104. Any vidaiigeur, agent or employee of a Governing . , ,1 1 1 n*^ the conduct of vidangeur, or any other person who shall convey vidangeurs. through any street or public way of the city of NewA. s."* **' Orleans, any excrement not thoroughly deodorized, as A^meAde^^'by required by sections 3 and 4 of Ordinance 4077, Admin- as'. ° istration Series, shall be liable to a fine not exceeding twenty-five dollars, and in default of paying such fine, such offender shall suffer imprisonment in the parish prison not exceeding thirty days. Any person who shall convey through such street or public way other ordure, foul and (or) offensive matter, except in air- tight barrels, so as not to be offensive to smell or inju- rious to health, shall be subject to a like penalty, and suffer in the same manner as prescribed above. Art. 3105. That the members of the Board of Health officers -I • /v. T 1 T 1 1 charged with and its agents, officers and employees, and the members enforcement ot of the Crescent City Police and the Recorders of the ib. several districts of this city are specially charged with the enforcement of the provisions of the ordinance. Art. 3106. No person or persons engaged in the cleans- Dumping © f ing and removing from privies, vaults, etc., of fecal ^*^* ""^ ^"^ib. matter shall dispose of or dump the same, except from the nuisance wharves established by the City Council ; provided, that parties engaged in the manufacture of commercial fertilizers may use such fecal matters by special permit and under regulations prescribed by the Board of Health. Art. 3107. The emptying of privy vaults shall be Time and lb. 1160 VIDANGEURS. twenty-four hours previous to such emptying the con- tents of the vaults shall be thoroughly deodorized by means of copperas and carbolic acid or other agents ap- proved by the Board of Health, and immediately after- ward the vault shall again be deodorized with lime and carbolic acid. B y odorless Art. 3108. No privy shall be emptied otherwise than apparatus. ^^ -^^^ somc odorlcss apparatus, approved by the Board of Health and the City Council, and the solid matter shall be placed in air-tight barrels, under a tent, with the aid of such disinfecting measures as may be approved by the Board of Health. Penalty. Art. 3109. No privics shall be emptied without aper- Ma?i^s8^! in it from the Board of Health, directed to the owner, agent or tenant of the premises, under a penalty not ex- ceeding twenty-five dollars. Disinfection. Art. 3110. Whcuever, in the opinion of the proper June, 1879. officers of the Board of Health, any privy vault may re- quire disinfecting or deodorizing, the same shall be done by the owner or tenant of the premises upon an order therefor, within thirty-six hours. Dumping o f Art. 3111. No pcrsou or persons engaged in the eleans- "* ™'^""ib. ing and removing from privies, vaults, etc., of fecal ord"'No.^ 2962^ matter shall dispose of, or dump the same, except by ^' ' depositing the barrels unopened containing such matter in barges or other craft moored at the wharves provided for such purposes, same to be towed to a point below the city limits and there emptied in mid-stream, barrels to be thoroughly deodorized before being returned to the point of departure; provided, that parties engaged in the manufacture of commercial fertilizers may use such fecal matters by special permit, and under regula- tions prescribed by the Board of Health. Peinspection. Art. 3112. In all cascs of permits or orders issued ■ for the abatement of nuisances, the Board of Health will cause reinspection to be made after the expiration of the time allowed for compliance ; and no person con- cerned will be acquitted of the order until satisfactory compliance shall have been made. Art. 3113. That it shall be deemed, and it is hereby VIDANGEURS. 1161 Penalty. declared to be an offence (in districts where the city has Boats, established under contract, boats for the carrying off of c. s.' fecal or other niattei", and regulated the charges to be made by the boats) for vidangeurs or other persons en- gaged in the business of removing the same from privies and vaults in this city, to discharge the same into boats, other than in the following described limits in which the same is received, viz. : from the lower limits of the city to the lower side of Poydras street ; from upper side of Poydras street to lower side of Jackson street ; from upj)er side of Jackson to upper limits of the city. Arj\ 0114. That any pei-soii violating the provisions <»f this ordinance shall, up'on conviction before the Recorder of the city of New Orleans, having jurisdiction, be subject to a fine or imprisonment, or both, or to im- prisonment in default of the payment of the fine, pro- vided that the fine shall not exceed twenty-five dollars for each offence, nor the imprisonment more than thirty days. Art. H115. That perndssiou be and the same is here- Permission, by granted to Messrs. J. J. Keegan and R. B. Benton to c. s." °' ^ ^' ^1 , • -1 , . ^^^ • June s, i888. carry on the excavating or vidangeur business within Amended by the limits of the city of New Orleans, provided they c. s*. °" ^■^ '• comply with all the existing laws and those which may Jiereafter be passed pertaining to the same. Art. 3116. That in order to facilitate the said Messrs. wharf. Keegan and Benton in carrying on their business, as above, that permission be and is hereby granted to them to constru(5t a suitable wharf at the head, or prolonga- tion of General Taylor street, in the Sixth District of this city, according to plans and specifications to be prepared by the C'ity Surveyor, and the construction of B-dme to be under the supervision of the Commissioner />f Public Works and City Surveyor. Art, 3117. That the said Messrs. Keegan and Benton Bond, bind themselves in a bond satisfactory to the Mayor that the said wharf shall not be used for any other purpose than is hereinbefore stated during the continuance of . this privilege, and that all fecal matter received by them in their said business shall be hauled in sealed barrels 1162 VIDANC4EURS. from the sinks or vaults to said wharf and from which they shall be removed daily by means of a water-tight barge to a point below the limits of the city of New Or- leans, and there emptied in mid-stream. The said wharf shall be kept at all times in a perfectly clean and sani- tary condition, to the satisfaction of Committee No. 4, on public health, etc., of the Council and the State Board of Health. Water-tight Art. 3118. That the barge used in removing said barge. , lb. fecal matter in their business shall be so constructed as to be water-tight in all of its compartments so that in case of the bursting of a barrel, or otherwise, while in transit no fecal matter will be discharged into the river above the city limits, and the same shall be thoroughly cleansed by washing, to the satisfaction of the officer in charge. Consideration. Art. 3119. That for and in consideration of this said lb. privilege, the said Messrs. Keegan and Benton shall pay, at their own expense, an officer who shall be selected and appointed by the Mayor, and who shall be commis- sioned as a police officer without pay from the city, and whose duty it shall be to see that the provisions of this ordinance and all other ordinances or laws relative to sanitation in connection with the same are properly enforced. Duty of officer. Art. 3120. That the said officer so appointed shall ac- ' company said boat or barge on its daily trips, as herein- before stated, and shall see that the same is properly cleansed, as well as all barrels therein contained, and shall make report monthly to Committee No. 4, on public health of the Council, of all matters pertaining to the objects, intent and purposes of this ordinance. SouihernBoat Art. 3121. That in connection herewith the Commis- sioner of Public Works be and he is herebv directed to enforce the provisions of Ordinance No. 5701, C. 8., relative to the removal of the boat house formerly owned and occupied by the Southern Boat or Boating Club, now occupying the said space allotted in this ordinance, as before stated, in contravention to the provisions of said Ordinance No. 2701, C. S. VIDANGEURS. 1163 Art. 3122. That the said J. J. Keegan and R. B. Ben- ton shall furnish a good and solvent bond, made payable to the Mayor, in the sum of one thousand dollars ($1000) as a guarantee that the privileges herein granted will be in full and complete operation on or before the 1st day of March, 1889. NUISANCE WHARVES. Art. 3123. (1) That in accordance with Act No. 14 of vidangeurs. the Legislature, approved March 23, 1877, the nuisance Aprii,^?!??. wharves are hereafter placed at the disposal of all persons engaged in the business of '' vidangeur " under the direction of the Administrator of Improvements ; it being well understood that the persons using said boats and wharves shall furnish the necessary towage as required by law. Art. 3124. (2) No person shall keep, throw or deposit Keeping or ^ '' ^ f^ ' r throwing any any offal, filth, foul or offensive matter, corrupt or putrid matter offen- 1 11 1 1-1 «. siveto smell or matter, or any shells, hay, straw, kitchen stuff, paper, injurious to ' • ' ./ ' 7 J I f ^ health upon cloth, vegetable matter, or any substance whatever that any yard, lot, way, etc. may be offensive to smell, or injurious to health, or liable o-d.No. 6oaa, to become so, in any yard, lot, space or building, side- walk, gutter, drain or canal, or shall permit the same to be done or to remain ; provided, that ordinary refuse and sweepings from stores, dwelling houses and other tenements, and kitchen offal shall be deposited in tubs, boxes, barrels or other suitable receptacles, and be placed on the outside of the banquettes convenient for removal by the offal carts; and provided, that from the 15th of March to the 15th of October, of each year, such deposits shall be made not earlier than 3 o'clock a. m., nor later than 7 o'clock a. m., and from the 16th of October to the 14th of March, inclusive, such deposits shall be made not earlier than 3 o'clock a. m., and not later than 8 o'clock A. M., and the receptacles as above shall not be left on the banquettes later than half past 9 a. m. throughout the year. All persons who are obligated by law or con- tract to remove or cause to be removed all such matters, substances, or things, shall attend to these duties before the hour of 9 o'clock a. m., on each day of the year. 1164 VIDANGEURS. Administra- Art. 3125. (3) The Administrator of Police shall. tor of Police to cause remo- uDoii complaiut of the Board of Health, remove or cause val of all often «« . sive matter. to DC reiiioved any loul or ottensive matters whatever, to such place or places as may be selected by said board , at the expense of the owner of said matter, or the occu- pant or owner of the premises where the same may be. Act No. 84. To authorize and regulate the cleaning of vaults and privies; providing for the use of odorless apparatus; to tix the limits of rates and charges; to establish penalties, and to repeal all laws in conflict herewith, and to repeal and to revoke all exclusive privileges heretofore granted, and the exclusive privileges granted to the New Orleans Sanitary and Exca- vating Company. Section 1. Belt therefore enacted by the Senate and House of Bepresentatives of the State of Louisiana^ in General Assembly convened. That it shall be lawful for any person or persons to ■engage in the cleaning of vaults or privies and remove all fecal and stercoraceous matter in the city of ]^ew Orleans; provided, application be made and permission obtained from the City Council and Board of Health of said city, who shall require of the applicant or applicants good and solvent security in the sum of five hundred dollars, for the faithful performance of his or their duties, and the faithful observance of the laws and city ordinances in reference to the subject. Sec. 2. Be it farther enacted, etc.. That it shall not be lawful for any person or persons to clean and remove from any privy or vault the fecal and stercoraceous matter deposited therein when in a liquid state, otherwise than by some odorless apparatus. Sec. 3. Be it farther enacted, etc.. That the City Council and Board of Health shall designate the odorless apparatus to be used, selecting such as is best adapted to secure the objects con- templated by this act. Sec. 4. Be it further eiiacted. etc., That the person or persons engaged in the cleaning of privies, vaults, etc., shall be entitled to charge for the cleaning for every privy, vault, etc.. in the city of New Orleans not to exceed the following rates: For vaults of houses inhabited by two or four persons, viz. : seven dollars. For vaults'of houses inhabited by Ave or ten persons, viz. : ten dol- lars. For vaults of houses inhabited by twelve or more persons, viz. : twelve dollars. For vaults of houses inhabited by keepers of furnished rooms where three or ten roomers are accommo- dated, ten dollars. For same class of houses where more than ten roomers are accommodated, fifteen dollars. For vaults of boarding houses where more than five persons are accommo- dated, ten dollars. For vaults of boarding houses where more WATERWORKS . 1165 than ten persons are accommodated, fifteen dollars. . For vaults of boarding liouses where more than twenty-tive persons are ac- commodated, twenty-five dollars. For vaults of hotels of more than twenty-tive rooms shall be charged at the rate of one dollar for each and every room. For vaults of public and chari- table institutions, tifty dollars. For vaults of houses used for stores or any mercantile business, twelve dollars; provided, that this section shall apply only to corporations. Sec. 5. Be it further enacted, etc.. That no person or persons engaged in the cleaning and removing from privies, vaults, etc., fecal matter and stercoraceous matter shall dispose of or dump the fecal and stercoraceous matter taken from them, except in such manner and places as the Board of Health and City Council or any law of the State may direct, and any violation of this law- shall be considered a misdemeanor, and shall subject the person or persons so offending to a fine not more than five hundred dol- lars, and imprisonment not to exceed thirty days in the parish prison, at the discretion of the court. Sec. 6. Be it further enacted, etc.. That this act shall take effect from and after the passage thereof, and that all laws or parts of laws in conflict therewith, and all exclusive privileges granted to the New Orleans Sanitary and Excavating Company heretofore granted, are hereby repealed and revoked. WALLS — See Buildings and Fences. WATER SUPPLY— See Buildings. WATERWORKS. A.s TO Watek Supply, See Buildings. Art. 8126. (1) That during the term of the charter Franchise, of the New Orleans Waterworks Company, beginninj^c.^s'!'^'^''' ^°^' with the year 1885, the supply of water for which Sept. .3. >884. this ordinance provides shall be furnished by the said company; from the pipes and plugs of said company, now laid or hereafter to be laid, for the following pur- poses, to-wit: For the extinguishment of fires and cleansing of the gutters; for the use of all existing pub- lic buildings, public markets, public squares or parks, public schools, and the public charitable institutions 1066 WATERWORKS. Pressure of supported and to be established and supported by the State and city and now supplied by the said company. It shall be the duty of said company to keep and main- tain a head or pressure of water of not less than fifty feet head, between the hours of 7 a. m. and 6 p. m. ; and the reservoir supply at night and between these hours shall be of such abundance as amply to cover the needs of the Fire Department for extinguishing fires ; and said company shall make such provision as may be necessary to reinforce or supplement said reservoir supply in case of need or accident. In consideration for said supply, Cost per fire the city of Ncw Orlcaus shall pay, during the term of said company's charter, to the said New Orleans Water- works Company sixty dollars ($60) per annum for each and every fire plug, fire hydrant and fire well connected Number of ^jth the maius or pipes of said company, of which said fire plugs, fire hydrants and fire wells there are now eleven hundred and thirty-nine (1139), which number shall ever be the least measure of the annual sum to be paid to said company, and for every additional hydrant, fire plug or fire well exceeding said number, hereafter attached to said pipes or mains, the city shall pay an additional sixty dollars ($60) per annum. Drought. • Art. 3127. (2) That the city of New Orleans shall have the power in times of drought to furnish water to such persons as may live outside the lines of the pipes of said Waterworks Company, free from all charges by the same, and shall have further power by ordinance duly passed and notified in writing to said company, before each annual appropriation for said supply, to de- Decrease or crease or increase the number of fire plugs, fire hydrants and fire wells for the ensuing year, all such ordinances to designate the locations for the new attachments or intended cut-offs ; provided, however, that the number of said fire hydrants, fire plugs and fire wells be not re- duced below eleven hundred and thirty-nine (1139), the intent thereof being that the annual price to be paid for said water supply shall never be less than as fixed herein by reference to the now existing number of said fire plugs, fire hydrants and fire wells ; but the city ex- increase. WATERWORKS. 1167 pressly reserves the power to change the loeation of any and all of said plugs, hydrants or wells, whenever the Council shall deem it necessary, said change to be at the cost of the company. See Act 56 of 1884. Art. 3128. (3) That the city of New Orleans shall Amount set annually set apart, appropriate and provide m its annual budgets of expenditures and receipts, beginning with those for the year 1885, and in all successive budgets for each year successively, a sum sufficient to pay for said annual water supply, as fixed in the foregoing sections of this ordinance ; and that said annual sum or price How paid, shall be paid to said New Orleans Waterworks Com- pany in twelve equal and monthly instalments, one on the last day of each consecutive month, beginning in the month of January, 1885, for the year 1885; and beginning also in the month of January in each year thereafter ; and in event of prompt cash payments of said instalments during each year, the city of New Or- leans shall be entitled to deduct and retain from the last De«i«<=«on. etc. instalment in each year six per centum of the entire amount paid and payable to the said company in and for said year ; but should any instalment be unpaid when due, it shall bear interest at the rate of eight per centum per annum, from the end of the month in which it was payable, ui)til finally paid. Art. 3129. (4) That it is herebv made the duty of Comptroller ^ ' ■ • and Treasurer the Comptroller or auditing officer, and of the Treasurer of said city of New Orleans, carefully to set apart and keep as a distinct fund the moneys or collections which shall have been appropriated in each year, pursuant to this ordinance, and such proportion of all collections of the revenue as shall have been appropriated in the bud- gets to and for said company, or the said water supph' for each year, shall be carefully and exactly set apart by said officers as collected, and shall be warranted for by said Comptroller and paid by said Treasurer to said com- pany, during each month, without further direction, ordinance or authority than that hereby given. 1168 WATERWORKS. etc, Inspection, Art. 3130. (.5) That the New Orleans Waterworks^ Company shall have the right to inspect and examine into the use of water to be svipplied under this ordinance, and the city of New Orleans and its officers shall see that no water is taken or used except for the purpose aforesaid, and that there shall be no waste nor more water taken and used than may be actually necessary for Waste. the purposes aforesaid ; and to this end the city of New Orleans shall adopt all proper measures or ordinances to prevent waste, and to prevent any use of water except for the purposes herein designated ; and it is hereby made the duty of the officers of said city and of those of any and all public buildings and public institutions, and of all persons using water under this ordinance, to pre- vent waste and to prevent the use of such water except for the actual need for the purposes aforesaid. Notarial act. Art. 3131. (6) That the Mayor be and is hereby authorized and directed to execute a contract by notarial act to and with said company, embodying and carrying out the provisions of this ordinance. Repealing Art. 3132. (7) That all ordiuauces or parts of ordi- lb. nances inconsistent or in conflict with this ordinance 'be and the same are hereby repealed. POLICE RE(4ULAnONS. Duty of Com- Art. 3133. (1) It shall be the duty of the commis- Markers.' ^^ ° sarics of the several markets, as soon as the markets A.s." °' "^^' shall have been washed, to have the fire plugs closed ct. 27, I 2. ^^^ \^Qpt closed until wanted the next day for the same purpose, except in case of fire; and for any violation of Penalty. this Ordinance the commissary or market lessee or lessees shall be fined not to exceed twenty-five dollars or im- prisonment not more than thirty days. Night watch- Art. 3134. (2) It shall be the duty of the night watch to arrest any and all persons except the officers of the New Orleans Waterworks (Company and city govern- ment found opening the fire plugs at night, except in Penalty. casc of fire. Such offenders shall, upon conviction, be fined not to exceed twenty-five dollars, or in default of men. Penal ty» WATERWORKS. 1169 payment of said penalty shall be imprisoned not more than thirty days. Art. 3135. (3) It shall be unlawful for any person Parties not unauthorized by the New Orleans Waterworks Company, watrr! except the city government and Fire Department, to take water from any public well, cistern, reservoir or fire plug, or to open the same so as to expose the water to waste ; or to turn any public or private » stopcock, or in any way or manner injure the buildings, reservoirs or other property belonging to the New Orleans Waterworks Company ; and the person so offending shall be subject to a fine not to exceed twenty- five dollars, or in default of payment of the fine shall be imprisoned for not more than thirty days. Art. 3136. (4) No person shall make any attachment Attachment to the street mains of the New Orleans Waterworks ** ™*"'®- Company, or to any private attachment connected there- with, or any alteration in such private attachments, without special authority from the said company. Any one so offending shall be subject to a fine not to exceed ^^"^'^y- twenty-five dollars, or if the fine be not paid, imprison- ment for not more than thirty days. Art. 3137. (5) Whosoever shall himself, or by any wasting, of his family, or by any of his servants or agents, use or waste the water from any part of the waterworks, or open any stopcock or valve, or shall let on or shut off the water into or from any pipe without authority from the New Orleans Waterworks Company, or of the city government or Fire Department, shall be subject to a fine not to exceed twenty-five dollars, or if the fine be not paid, imprisonment for not more than thirty days. Art. 3138. (6) Whoever having authority to use the used other- water supplied by the New Orleans Waterworks Com- cified. pany for a specified purpose, shall use the water or suffer to be used from the hydrant in his authorized use, for any other purpose than that specified, or shall suffer any other person to do so, or shall suffer such hydrant to remain exposed to public use, shall be fined not to Peoalty. exceed twenty-five dollars, or failing to pay the fine, shall be imprisoned not more than thirty days, for each offence. Penalty. ners, 1170 WATERWORKS, Valves or Art. 3139. ( 7) Parties pavmsr strects, allevs Rud side- «top boxes. ^ ^ f » T J walks are expressly forbidden to destroy or cover up any valve or stop-box attached to the pipes or connections of the New Orleans Waterworks Company, under a penalty Penalty. of uot more than twenty-five dollars for each offence, or in default of payment they shall be imprisoned for not more than thirty days. Keysorspsn- Art. 3140. (8) It shall be unlawful for any person to own or keep a key or spanner to any stopcock, hydrant or fire plug of the New Orleans Waterworks Company, unless under the authority of said company or of the city government and Fire Department, and any Penalty. one SO offciiding shall be fined not more than twenty-five dollars, or in default of payment shall be imprisoned for not more than thirty days. refervoVs"^ '" ^RT. 3141. (9) Whocvcr shall bathe in any reservoir of the New Orleans Waterworks Company, or shall commit any nuisance upon the grounds of such reser- voirs, or shall put any offensive matter into such reser- voir, or shall in any manner contaminate the water Penalty. therein, shall be fined not to exceed twenty-five dollars, and in default of payment shall be imprisoned not more than thirty days. Duty of Police. Art. 3142. (10) It is made the duty of the police to report all violations of this ordinance to the Chief of Police, who shall give prompt information of such re- ports tx) the New Orleans Waterworks Company. VESSELS IN FRONT OF PIPES. Mooring of Art. 3143. (1) That it shall be declared a misde- vessels. „ ^ . . . Ord. No. 59t,meanor for any owner, agent, captain or person to moor Feb. 19, 1884. or allow his vessel to be moored so that its bows may lap or be in front of the cribs and influent pipes of the New Orleans Waterworks Company. Penalty. Art. 3144. (2) That for any such misdemeanor there shall be a fine of twenty-five ($25) dollars for the act and twenty ($20) dollars for each and every day said misdemeanor exists. WATERWORKS. 1171 VESSELS IN FRONT OF CRIBS. Art. 8145. (1) That from and after the promulgation Mooring of of this ordinance it shall not be lawful for any vessel to ^ord. No. io86, moor or lay at the wharf or levee in such position as to Jan. aa, 1885. allow or cause any portion of such vessel to be in front of or in any manner lap or be in front of or along- side any portion of the cribs or works surrounding the intake or eduction pipes of the New Orleans Water- works Company in the Mississippi river. Any master p ^ ^ or officer in command of any vessel, who shall permit or allow any vessel under his command to be moored in violation of the provisions of this ordinance, shall be fined twenty-five dollars and imprisoned thirty days for each violation of this ordinance, and if such master or officer shall not remove such vessel moored in violation of this ordinance, after demand has been made on him to remove such vessel, he shall be deemed guilty of a violation of this ordinance each day such vessel shall remain so moored, and shall be fined twenty-five dollars and imprisoned thirty days for each day or fraction of a day such vessel remains so moored. Art. 314G. (2) That all ordinances of parts of ordi- Repealing nances in conflict with this ordinance are herebv re- * ib. Art. 3] 47. (1) That the City Attorney, on behalf of city Attor- . . _ . ney to amend the city, at present a defendant of record in suit 15,/ 74, answer in suit •^ ' *^ ' ' ot Ed. Con - of the Civil District Court, entitled ' ' Edward Conery, ery, jr. et ais. "^ vs. The N. O. Jr., et al. vs. The New Orleans Waterworks Company waterworks ' ^ "^ Co. et al. et al.," be and he is hereby directed to amend, with ord. N0.3287, leave of the Honorable the Civil District Court for the "oct, 23, isss. parish of Orleans, the answer of the city therein, and to join in plaintiff's demand, and to proceed in order to cause to be vacated the alleged contract under Ordinance 909, C S., between the city and the New Orleans Waterworks Company, of date October 3, 1884, before J. D. Taylor, notary, and to have the same pronounced null and void, and of no effect, as being detrimental to the public rights and interest, beyond the powers of the late city adminis- tration, and in fraud of the rights of the city. 1172 WATERWORKS. Authority to Art. 3148. (2) That the City Attomey be and he is City Attorney. i o i • • lb. hereby authorized to take such further action m pur- suance of thisordinance, relative to said cause No. 15,774, and entitled ''Edward Conery, Jr., and Others vs. The New Orleans Waterworks Company, The City of New Orleans and Others," as he may deem necessary for the best interests of the city. Repealing Art. 3149. (3) That all ordiuanccs Or parts of ordi- lb. nances inconsistent with or contrary to the provisions of this ordinance, be and the same are hereby repealed. Test of water. ART. 3150. (1) That it shall be the dutv of the City Sur- Ord. No. 3919, ► V c. s. ^ ^ veyor to make tests daily, or as often as may be necessary, to ascertain whether or not the New Orleans Waterworks Aiig. 6, Company constantly maintains the head or pressure and reservoir supply of water required by the provisions of Ordinance No. 909, C. S. To report to Art. 3151. (2) That it shall be the duty of the City lb. Surveyor to report to the Council on the third Tuesday of every month the result of the tests made, as above required. Keso-.ution of Art. 3152. Whcrcas, it is indispensable to a safe, Sc^ore author- continuous and economical supply of water that the bonls.'*^"^ °* machinery and plant of this corporation for pumping ^Ord.No.s,S9,^^^ delivering water through its mains and service be Jan. 26, 1893. j.ejjg^e(j QY altered to bring the installation up to the present state of the art in that class of machinery ; and Whereas, it is desirable that an attempt be made to filter or otherwise clarify the water taken from the Mississippi river before its distribution through the mains and free it, as much as possible, from sediment before delivery for public or private consumption ; and Whereas, the expense involved in such necessary modification and improvement of machinery and experi- ments and efforts to secure freedom from sediment in the water demands the immediate outlay of more money than can be safely taken from the current revenues and earnings of the company ; and Whereas, under the terms of its charter this corpora- tion has authority to borrow money for that purpose up to the maximum limit of two million ($2,000,000) dol- WATERWORKS. 1173 lars, with the consent of the Council of the city of New Orleans; and Whereas, for the purpose of improving and en- larging its works, this corporation, on the first day of April, 1879, made and executed a mortgage bearing on all of its property to secure an issue of its bonds in the sum of five hundred thousand ($500,000) dollars, with interest at the rate of six (6) per centum per annum, bonds made payable thirty years after the date thereof ; and Whereas, of the said bonds so authorized and secured by said mortgage, bonds to the amount of only three hundred and ninety-five thousand ($395,000) dollars have been issued under and secured by said mortgage, and bonds of the said series of five hundred thousand dollars amounting to the sum of one hundred and five thousand ($105,000) dollars are still in the possession of this corporation, having never been sold or disposed of so as to become secured by said mortgage of April 1, 1879 ; and Whereas, it is desirable, if anew loan is to be effected for the purposes above recited, that the entire loan should be upon the same terms and mature at the same time. Art. 3153. That the Council of the city of New Orleans To c a n c ei be requested to join this Board of Directors in the ap- *^*' **" °" ib. pointment of a joint committee to cancel and destroy all of the said bonds representing said one hundred and five thousand dollars of said series of five hundred thousand •dollars that now remain in the possession of this corpora- tion and were never issued, so that the operation and effect of the said mortgage of April 1, 1879, shall be limited to stand as a security only for the said sum of three hundred and ninety-five thousand dollars, with stipu- lated interest represented by the said bonds with cou- pons attached that have already been issued and dis- posed of. Art. 3154. That this corporation, with the consent of. Authority to the Council of the city of iS[ew Orleans, in order to"^"* *"* *ib. realize the money and funds necessary to effect the im- provement of said machinery and works as above re- 1174 WATERWORKS. cited, borrow the additional sum of two hundred and fifty thousand dollars for the purpose, and no other, of en- abling it to enlarge, improve, repair or reconstruct its machinery, enlarge and improve its works, and increase its capacity to supply water, and for the purpose of at- tempting to deliver, and, if successful, to deliver within one year after completion of experiments, filtered water from its mains and service, and to that end, that this corporation make and issue its bonds, under its seal, in such form and in such denomination and amounts named in each bond as shall be approved by the Board of Directors and the Council of the city of New Orleans, «,^°i.l°"'^***^The total issue of bonds not to exceed the sum of two hundred and fifty thousand ($250,000) dollars, with in- terest at the rate of six (6) per centum per annum, in- terest to be represented by coupons attached to said bonds, payable semi-annually on the first Monday in January and the first Monday in July of each year ; both principal and interest to be payable at the city of New Orleans. The said bonds and coupons to be made in such form as to pass in the market by delivery and to be payable to the holders or bearers thereof. That to secure the payment of, the principal and the interest represented by said bonds and coupons, the president and secretary be and are hereby authorized to make and execute, in due and usual form, a mortgage and hypoth- ecation of all of the property and franchises of this cor- poration subject to mortgage and hypothecation by the terms of its charter to the full extent and amount of the said two hundred and fifty thousand dollars and in- terest as aforesaid. The said president and secretary to submit the f(5rm of said mortgage and said bonds and coupons to a general or special meeting of this Board of Directors for approval, and the same shall not be exe- cuted or the seal of the corporation attached either to the said mortgage or any of the said bonds, nor shall said bonds be issued until the same shall be approved , and the consent of the city of New Orleans obtained, as provided in the charter of this corporation ; and the said mortgage so executed shall stand and be second in WATERWORKS. 1175 rank to the said mortgage of date of April 1, 1879. The bonds not to be disposed of for less than the par value of the bond and the accrued interest on current unma- tured interest coupon. Art. 3155. That the Council of the city of New Or- consent of leans hereby gives its consent and approval to the issue Ord. N0.6104, of bonds of the New Orleans Waterworks Company, se- March 8, 1893^ cured by a mortgage of all the property and franchises of the said company, including its franchise to be a cor- poration, for the purpose of improving and enlarging its works and increasing the supply of pure water as pro- vided in and on the terms and conditions set forth in a resolution of the Board of Directors of the New Orleans Waterworks Company adopted at a meeting of the board held on the 6th day of January, A. D. 1892, that is to say : Two hundred and fifty bonds of the sum of one thousand dollars each, making a total of two hundred and fifty thousand dollars, said bonds to bear interest at the rate of six per centum per annum, payable semi- annually, in the city of New Orleans, on the first Mon- day in January and the first Monday in July of each year. The principal of said bonds to mature and become due and payable twenty-five (25) years from the first day of January, 1892, and in no case to be sold or dis- posed of by the said New Orleans Waterworks Company for a sum less than the face value of the bonds, at the date of the issue and disposal of such bonds, as pro- vided for in said resolution of said Board of Directors of the said New Orleans Waterworks Company, at the said meeting of said board held on the 6th day of Janu- ary, A. D. 1892, as the same is of record in the records of the proceedings of said meeting, and the said City Council hereby gives its full assent and approval re- quired by section nine (9) of Act No. 33 of the extra session of the Louisiana State Legislature, and all other laws relating to the issue of said bonds and securing the payment thereof by an act of mortgage in due form, hypothecating and mortgaging the said property and franchises of the said New Orleans Waterworks Com- pany to secure the payment of the principal and interest 1176 WATERWORKS. of said bonds, and that there may be full evidence of such consent and approval, the Mayor of the city of New Orleans, or any acting Mayor, who may be acting at the time, is directed to intervene in said act of mort- gage and express therein on the face of such act of mortgage the consent and approval of the city of New Orleans and its City Council to the issue of said bonds, borrowing of said money, and the execution of the said mortgage to secure the payment thereof both as to prin- cipal and interest, iifd^to'act.^'"'" Art, 3156. That the Mayor of the city of New Orleans, '^" or any acting Mayor thereof, acting at the time, be and is hereby directed to join and act with the president of the New Orleans Waterworks Company, or such other person as shall be appointed by the Board of Directors of the said Waterworks Company, and go before the Notary Public in the city and parish of Orleans, before whom the now existing act of mortgage of the property and franchises of the said New Orleans Waterworks Company was executed on the first day of April, 1879, with the assent of the City Council, to secure the pay- ment of bonds to the amount of five hundred thousand dollars, as appears by said act of mortgage, as it is of record in the office of James Fahey, a Notary Public for the city and parish of Orleans, and in the ofiice of the Recorder of Mortgages in said parish, and carry and take with them before said notary or such other Notary Public in and for the city and parish of Orleans as they may select, each and all of the said bonds, secured by the said act of mortgage of April 1, 1879, that have not Cancellation been issucd or disposed of by the said New Orleans Waterworks Company, amounting in total to the sum of one hundred and five thousand dollars in bonds, with interest coupons attached, and cause each and all of said bonds and coupons to be canceled in the presence of the said Notary Public, and shall join said notary in the execution of a proces verbal by public act of such can- cellation of said bonds and coupons, which shall fully describe the said bonds and coupons, the s-tamping and mutilation by which such cancellation is evidenced or WATERWORKS. 1177 ^effected, so tbat each and all of said bonds with their coupons shall cease to be obligations of the said New Orleans Waterworks Company, with authentic evidence issioner of Public Works all cases of ballast depositing which come under the operation of this ordinance, giving, as far as can be, the quantity, the location and the character of same; and it shall further be the duty of said commissioner to make the proper affidavit against any and all persons violating any of the provisions of this ordinance. Art. 3171. (5) That all ordinances or parts of ordi- nances heretofore enacted conflicting with this ordinance be and the same are hereby repealed. Obstructing Art. 3172. (1) It shall uot bc lawful for any pcrsou to ord.No. 4163, encumber with the river sand, planks and staves, the Oct., 1859. levee in front of the city of New Orleans, from the upper to the lower limits of said city. Art. 3173. (2) It shall not be lawful for any person to damage or injure in any way the levee in front of the city. Art. 3174. (4) It shall be the duty of the several wharfingers in their- respective districts to carry into effect the provisions of the foregoiug ordinance. Art. 3175. That whoever shall violate the provisions of this ordinance shall be subject to a fine not to exceed twenty-five dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or impris- oned in the said parish prison for a term not to exceed thirty days in default of payment of the fine, to be im- posed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprison- ment more than thirty days. Dutyof Com Art. 3176. (1) That it shall be the duty of the Admin- commerce. "^ istrator of Commerce of the city of New Orleans to see AS.' °' ^^^'and require all produce, wares, goods and other articles ^' ' ■ landed on the wharves or levees by any vessel or other water craft, shall be laid as near as possible to the paved part of the levee approaching the street, so that the bank of the river and wharves be neither obstructed nor en- cumbered thereby. Injure damage. D uty wharfinge Penalty. Ord. No. 4962 C. S. Dec, 16, 1890 WHARVES. 1183 Art. 3177. (2) That the AdmiDistrator of Commerce Removal of ^ ' wares, etc, "be and is hereby authorized to give the necessary orders ib. to all persons whom it may concern to remove all goods, wares and merchandise of every kind landed upon the wharves and levees, upon the expiration of 48 hours after the discharge or receipt of cargo, and upon the neglect, refusal or failure of the owners, agents, con- signees or shippers of said produce, goods, wares or merchandise of any description, to remove the same after having been duly notified by the Administrator of Commerce, his officers or employees acting under his direction, the said Administrator of Commerce shall take possession of said produce, goods, wares or mer- chandise, and store the same at the expense and risk of the owners, agents, consignees or shippers thereot, and he shall have full authority to remove all obstructions upon the wharves and levees. Art. 3178. (3) That ip the event the owners, agents, Notice dis- u- * J ^u Pensed with, consignees or shippers of any goods, wares or other mer- when, •chandise can not be found, then the Administrator of Commerce, his officers and employees acting under his instructions, are hereby authorized to dispense with the notification above provided for. Art. 3179. (4) That in addition to the powers conferred other powers, upon the Administrator of Commerce, his officers and ■employees acting under his instructions, he is hereby further authorized to stop the loading and unloading of merchandise or other articles, provided he considers the safety of the wharves endangered thereby, and he is further authorized through his proper officers to remove at any time, immediately upon being unloaded, any goods or merchandise which may encumber the wharves, or which may prevent the discharge of vessels arriving. Art. 3180. (5) That whoever violates the provisions of Penalty, this ordinance shall be fined in a sum not exceeding twenty-five dollars and imprisonment not exceeding thirty days by the Recorder of the district in which said offence shall be committed. Art. 3181. (1) That any permission or authority here- tofore granted bj the Common Council of the city of New lb. 1184 WHARVES. Shells, booths, Orleans, to erect, maintain or keep upon the public? remoVed," wharves, levees or landings of the city of New Orleans,. A. s. ' **' ^'any shed, shanty, booth, tent or any structure of any *^' ' °' kind whatsoever, be and the same is hereby withdrawn and vacated. Art. 3182. (2) That it shall not be lawful for any per- son or persons to erect, maintain or keep upon thepublie wharves, levees or landings of the city of New Orleans any shanty, shed, stand, booth, tent, or any structure of any kind whatsoever, without permission of the Council. Penalty. Art. 3183. That whoever shall violate the provisions c. s.* ' ^*of this ordinance, shall be subject to a fine not to exceed twenty-five dollars or imprisonment in the parish prison for a term not to exceed thirty days, or both, or im- prisoned in the said parish prison for a term not to exceed thirty days in default of the payment of the fine, to be imposed by the Recorder of the district wherein th& offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the im- prisonment more than thirty days. POLICE regulations. Public dump. Art. 3184. (1) That for the purpose of accomplishing A. s.' °" **''' the work recommended by the Board of Engineers as a tem- "■' ' ■ porary protection of the river bank in the Third District^ below Montegut street, and to strengthen the bulkhead built by the wharf lessee, the Administrator of Improve- ments is hereby authorized to establish a public dump in front of said bulkhead, wherein all offal, manure, ric& chaff, tin cuttings, tobacco stems and other refuse or waste matter shall be deposited. Rice chaff, Art. 3185. (2) That it shall be uulawf ul for any pcr- ib. son to deposit offal, manure, rice chaff, tin cuttings, to- bacco stems or other refuse or waste matters on any part of the river front except the place specified, under a pen- alty of a fine of ten dollars, or imprisonment not exceed- ing ten days for each and every such offence. cab«onwood- Art. 3186. That cabs, drays and other vehicles be "ord. No. si.^^^i ^^^ hereby permitted to be driven on any woodwork *May, i860, to a poiut fifty f cct f rom the line of incline on the wharves. WHARV^ES, 1185 lb. Art. 8187. That the City Surveyor be and he is Guide Posts. lb. hereby authorized and instructed to place at such dis- tances as he may deem best posts to guide the wharf- ingers in carrying out said permission. Art. 3188 (2) That from and after the passage of this Drays, cam, , . et-., 1 wooden ordinance, no cart, dray or other vehicle shall remain part of wharves idle on the wooden part of any of the wharves of the a. s." city, under a penalty of not less than ten nor more than twenty-five dollars for each offence, and in default of payment, imprisonment for not less than ten or more than thirty days ; and it shall be the duty of the police to order off from said wooden parts of any of the wharves all or any idle cart, dray or vehicle encumber- ing said wharves, and should the person or persons thus ordered refuse to obey, the said police shall cause to be arrested the person or persons thus contravening. Art. 3189 (2) That all drays, carts, cabs and other Penalty vehicles are hereby prohibited from driving on the wharves (except as under the provisions of Ordinance No. 51, N. S.), under a penalty of not less than ten nor more than twenty-five dollars, and in default of payment, impris- onment for not less than ten nor more than thirty days ; and the police are hereby authorized to arrest and take possession of all drays, carts, cabs and other vehicles found in contravention of this ordinance, and dispose of them in the same manner as provided by ordinance rela- tive to pounds. Art. 3190 (1) That from and after this date, all ves- vessels, sels, whether sea-going or otherwise, arriving in this a. s.' °' '*' ' port and landing at any wharf or landing in the city of ^°''"' '* New Orleans, will be required to moor, fasten or tie to such mooring posts, piles or check posts on the levee proper, as the Administrator of Commerce or one of his duly authorized deputies may direct. Art. 3191 (2) That on the refusal or neglect of any captain, master or commander of any vessel to comply with the above immediately after being notified by the Administrator of Commerce or one of his duly author- ized deputies, he shall be arrested and fined the sum of twenty-five dollars by the Recorder in whose district the Penalty. lb. 1186 ^ , WHARVES. vessel may be lyin^, and on his refusal or failure to pay- said fine, he shall be imprisoned for ten days for each and every offence. Penalty for Art. 3192, That in auv case whcre a Captain or master refusing to * obey orders ot of a vessel opposcs or rcf uscs to obcy the order or orders ord. No. 5638, of the Superintendent of Wharfingers, or refuses to land *sept. 28, 1891. or place his boat at the proper landing as designated ords.Nos. 2888 above, provided that nothing herein contained shall be construed as interfering with the Harbor Masters in the discharge of their duty, shall be subject to a fine not to Penalty. cxcecd twcuty-fivc dollars, or imprisoned in the parish prison for a term not to exceed thirty days, or both, or imprisonment in the said parish prison for a term of not to exceed thirty days in default of payment of the fine, to be imposed by the Recorder of the district wherein the offence is committed ; provided, that the fine shall not exceed twenty-five dollars for each offence, nor the imprisonment more than thirty days. Lav charges. Art. 3193. That from and after the passage of this A. s." ' ' ordinance all barges arriving at this port, laden with grain or through freight, will be allowed fifteen days before incurring damages for lay days. LANDINGS. Ballast. Art. 3194. That the square of ground bounded by A.s." ■ 'Peters, Desire, Piety and Moreau streets, be and the Oct., 1877. same is specially set apart and appropriated for a bal- last yard, said property being owned by the city of New Orleans ; and that hereafter all ballast landed on the levee shall be removed within forty-eight hours after landing, unless otherwise directed by the Administrator of Commerce, or placed in the holes designated by the Superintendent of Wharfingers, or at the option of masters and owners of vessels at the ballast yard above designated, under a penalty of one hundred dollars, re- coverable from the said vessels, masters or owners be- fore any court of competent jurisdiction, for the use of the city. Art. 3195 (1) That from and after the passage of this ordinance it shall not be lawful for any person or WHARVES. 1187 persons to land, or cause to be landed, any barge or barges loaded with potatoes and apples at any other landing than the flatboat landing, between Sixth and Seventh street wharves. Art. 3196. (2) That any person or persons landing, or ^^""js^^- causing to be landed, any barge or barges loaded with a. s^* potatoes and apples at any other landing than the flat- boat landing, between Sixth and Seventh streets, shall be liable to a fine of twenty-five dollars for each and every offence, recoverable before the Recorder of the district in which said offence is committed, and in de- Penalty, fault of payment of said fine, to imprisonment for not less than five nor more than twenty days. Art. 3197. That the portion of the river front in thecoai ^ Ord. No. 5834. Third District included between the wharves near the c. s. Dec. 13, 1891^ head of Clouet and Louisa streets, respectively, or from a point seventy feet above Clouet street to a point seventy feet above Louisa street, be and the same is hereby designated as a landing place for boats, barges, or other water craft, to receive coal from cars, subject to all conditions of the wharf lease and other conditions herein set forth. Art. 3198 (2) That from and after the passage of this consent of ordinance, no permission to use any portion of the levee ord.*^No. 4782, in front of this city for the purpose of keeping a coal bee, 1878. landing shall be granted to any person or persons with- out the unanimous consent and approval of the City Council. Art. 3199. That the word '' landing," used in Ordi- Landing de- nance No. 4782, Administration Series, does not mean oV. No. 4805, to prohibit the landing at the levees of coal boats or bee, 1875. barges, but repeals all privileges of coal yards on the levees of the river front ; further, it does not imply that batture property belonging to the city may not be rented for coal yards ; provided that said yards do not obstruct the egress and ingress to the wharves and landings. Art. 3200. (1) That the Touro Square, in the Third District, be and the same is hereby designated as a coal 1188 WHARVES. Lambert & landing, to be occupied as such by A, Lambert & Co.. & Roc a andHebrard & Roca and H, I. Montagnet, each to be enti- net. ' " ^ tied to sixty feet front, according to lines to be furnished A. s.' ■ ' by the City Surveyor, under the supervision and with "^■' ' ^' the approval of the Administrators of Commerce and Improvements. Term of lease Art. 3201. (2) That Said A. Lambert & Co., Hebrard & Roca and H. I. Montagnet shall have the privilege of occupying and using said portions of the Touro Square for the term of five years, unless the same should be required for the use of the city, in which case the city reserves the right to revoke said privilege after sixty days' noti- fication. ^^°*- lb. Art. 3202. (3) That for the first year said A. Lambert & Co., Hebrard & Roca and H.I. Montagnet shall pay no rent for said square of ground, but that for the subse- quent years they shall pay each to the city of New Or- leans a monthly rental of $25, payable in advance. vmlre^^Des* ^^'^- ^^^^- C^) "^^^^ ^^^ ^^^^ portiou of the river front iorges.'Mon-in ^j^q Third District between Port and St. Ferdi- tagnet & Co., A. Lambert & naud strccts, bc and the same is hereby set apart as a ^oni. No. 7400, coal boat landing for the use of Messrs. Denegre & Oct.. 1881. Villere, Desforges, Montagnet & Co., A. Lambert & Co., and other coal dealers; provided, that they remove from said batture all snags, piles, logs and other ob- structions which now or may hereafter exist therein, and to keep the same, the levee and bulkheading border- ing thereon in good order and condition during the continuance of this privilege. Fordischarg- Art. 3204. (2) That this privilege shall continue un- mg coa . ^^ ^^ ^^^ ^^^^ ^^^ ^^ ^^^^ ^^^^ ^ provided, that the grantees herein shall not place any coal on the levee or landing bordering said privilege, but shall use the same solely for discharging their coal, etc. Repealing Art. 3205. (3) That resolution No. 7111, Ordinance other o r d i - • « • .nances. No. 7345, A. S., and all other ordinances m conflict herewith be and they are hereby repealed. Art. 3206. (1) That that portion of the river front between Race and Robin streets, commencing at a point twenty feet from the river side of Water street (making WHARVES. 1189 said street eighty feet in width instead of sixty feet as w. g. coyie at present laid out), and extending to the water's edge, Miitenberg'er & - .,, , , 11T T Co., B.D.Wood be and the same is hereby set apart as a coal landing and & Bros., w. g. „ , , „ -TT /^ /-( 1 o /^ /^ » Wilmot & Co.^ depot for the sole use of W. G. Coyle & Co., C. A. wiiuam Lee. Miltenberger & Co., William Lee, B. D. Wood & Bros., Nov!,' issi." and W. J. Wilmot & Co. and other coal dealers, they paying their pro rata of expense, for the period of ten years from the' grant of this privilege j provided, that for and in consideration thereof the parties hereinbefore mentioned do bind themselves to remove all obstructions now on said street to the lines hereinbefore mentioned, and further obligate themselves to fill up to a grade, to be designated by the City Surveyor, the said property herein designated at their expense, and to return the same to the city of New Orleans thus improved, without charge, at the expiration of ten years. Should the accretions continue to that extent that the demands of commerce, in the judgment of the Council, necessitate the opening of any street through said property without rendering said property useless for the purposes for which it is intended, whatever space may be required for such street shall be left open for public use without charge to the city. It is understood that after the expiration of one year t o remove they shall remove the bulkhead on Pilie street and be * ib. allowed to extend their limits twenty feet further in the river. Art. 3207. That the privileges granted under Ordi- Transfer t o nance 7427, A. S., setting aside certain portion of theco. river front as coal landings to the persons therein c.s.' °'^^*^' designated, be and the same is hereby assigned and *^ '*' ' transferred to Messrs. W. G. Coyle & Co., James Sweeney, Wood, Schneidau & Co. and Fred. B. Nunn, from the passage of this ordinance until the expiration of the wharf lease now before the Council for adjudica- tion, upon the terms and conditions of Ordinance 7427, A. S. ; provided, that said grantees shall at once put in thorough repair, and at all times during the continuance of this grant keep in good order and condition, satis- factory to the Commissioner of Public Works and City . 1190 WHARVES. Engineer, the roadway in the rear of this grant and the approaches thereto, viz. : Race and Robin streets, from Tchoupitoulas street to and including said roadway. ^|J. o^& N^ K. Art. 3208. That the said New Orleans & Northeastern gr^nt. * Railroad Companv and its assigns shall have the right , Ord. No. 5834, T 1 o ^' "^'oe 1801 ^ same is hereby conferred upon it, to construct and maintain on said river front, in the space indicated above, such wharves, piles and machinery and other structures as shall be necessary for the convenient hand- ling of coals ; provided, that this privilege shall only continue so long as said company shall keep said wharf in repair, and construct same to the satisfaction of the City Engineer and Commissioner of Public Works ; and provided further, that the said wharf shall be open to the use of any railroad terminating in the city of New Orleans at an agreed rate of trackage between the rail- roads connecting therewith. N.o. &Aia- Art. 3209. (1) That permission be and is herebv bamaCoal and , , "^ Aiininp Co. granted and given to the New Orleans and Alabama Coal Ord. No. 2234, , ,^. . ^ <:. s. and Mining Company and its assigns, to use for a period ' of twenty-five years from this date, the strip of public ground comprised within Water street or the Belt Rail- road track and the levee, the property of the New Orleans Gas Light Company, and Richard street, as a place for receiving and shipping coal, coke, etc., by cars, boats, barges or otherwise, with privilege of construct- ing thereon switches and turnouts, and of constructing therefrom a switch to the river front, to carry to and receive from boats or other water craft, the coal, coke, etc., of the company; provided, that nothing herein contained shall be construed as interfering with, or abridging in any manner the rights of the present wharf lessees. •Consideration. Art. 3210. (2) That in consideration of this privilege ' said New Orleans and Alabama Coal and Mining Com- pany shall fill in with river sand or other suitable mate- rial, within six months after the promulgation of this ordinance, the pond or space adjoining the Gas Com- pany's property, and between the bulkhead and the present line of the levee. WHARVES. 1191 Art. 3211. (3) That in the contract to be executed to hold city under this ordinance, the grantee or grantees shall bind * ib. themselves and each of them to hold the city of New Orleans harmless for any action which may be brought by any party or parties to be affected by any of the pro- visions of this ordinance; provided, that no coal or other material shall be placed on any portion of said ground which shall in any manner interfere with the free and unobstructed access of the New Orleans Water- works Company to any of its pipes, or connections passing through or lying thereon ; provided, this shall not prevent the laying of tracks across said ground. Art. 3212. (4) That all ordinances in conflict with Repealing the foregoing be and the same are hereby repealed. ' ib. Art. 3213. (1) That permission be and the same is La. Electric hereby granted to the Louisiana Electric Light and Power Powlr Co.* ° Company, its successors and assigns, to use for a period of c. s.' °'* ^ ' twenty-five years from the date of the passage of this ^°''' ^^' '^^^' ordinance, the strip of public ground comprised be- tween Water street or the Belt Railroad track, to the line of the public road fronting the river, Richard street and Market street, as a place for receiving coke, coal, oil, etc., in consideration for which the Louisiana Elec- tric Light and Power Company shall keep the levee from Richard to Market street well lighted during the term of this grant. Art. 3214. (2) That the Mayor be and he is hereby to hold city instructed to pass a notarial act embodying the provi- "*" #^' ib. sions of this ordinance, and that, in said act, the said Louisiana Electric Light and Power Company shall bind itself to hold the city harmless against any recovery of damages which may be obtained in any action which may be brought by any party or parties to be affected by any of the provisions of this ordinance. Art. 3215. (3) That all ordinances in conflict with Repealing this ordinance be and the same are hereby repealed , and '^^*"*®- ^^^ that this ordinance shall go into effect from and after its passage. Art. 3216. That B. D. Wood & Sons, and Desforges & Jung, be and they are hereby authorized, at their 1192 WHARVES. B. D. Wood own expense, to erect and keep in order raoorinjr posts^ & Sons, Des- -, -, mt t i i i , forges & Jung, and roads, fill up and make level, make landing and c. s.' °" '^'^^* plank road outside of the levee on the river front, be- ' tween Robin and Henderson streets, and use the same as a eoal landing for the term of ten years, but revocable at the pleasure of the Council, this grant not being transferable except with the consent of the Council. The plank road in the rear of Water street ; the ap- proaches thereto, viz. : Robin and Henderson streets, from Tchoupitoulas street to said roadway, to be kept in perfect repair by said grantees, the upper half of said landing for use by B. D. Wood & Sons, and the lower half by said Desforges & Jung, each sharing pro rata all improvements to be made. Repealing Art. 3217. That all rcsolutious or privileges hereto- clause. lb. fore passed or granted in conflict herewith be and are hereby repealed. Wharf .ige Art. 3218. That nothing herein shall be construed at? lb. relieving the said grantees from payment of wharfage or similar dues provided by law. Cotton lo- Art. 3219. That so much of the wharves and land Ord. No. 2883, ings of the city of New Orleans, from Canal street to *Dec., 1874. Gravier street, be and the same is hereby designated and appropriated as a cotton landing for the Vicksburg and Memphis packets ; and from Gravier street to Julia street be and the same is hereby designated and appropriated as a produce landing. Lugferio- Art. 3220. That all that portion of the river front ord?No. 334S, embraced between St. Philip and Hospital streets be Nov. 20, 1888. and the same is hereby set aside and appropriated as a landing for luggers. cia!ase * * ^ * " ^ Art. 3221. That all ordinances or parts of ordinances ^^- in conflict with the provisions of this ordinance be and the same are hereby repealed. timbSocation ^^'^- ^222. That that portion of the public wharves ^ord. No, 4435, ^f ^jjg ^j^y jj^ ^]^^ Third District, commencing at the head April IS, 1890. Qf Montegut street, and extending about 500 feet below the lower line of the New Orleans & Northeastern Rail- road Company' s wharf to a point near the head of Clouet street, be and the same is hereby designated as a place WHARVES. 1193 for mooring, landing and loading vessels, barges or other water craft, used and employed for the handling of lumber and timber during the months of April, May, June, July, August and September only, for the period of ten years, subject to all the conditions of the wharf lease and other conditions herein set forth. Art. 3223. That a certain portion of the levee space Molasses aod or landing comprised within the prolongation of Conti ^ cfr^a! No. 8129' and St. Louis streets, the present line of the Louisville Nov. 9, issa. & Nashville Railroad track and the Mississippi river, not to exceed one hundred feet in width, commencing at the line of said railroad and extending to a line at said distance to be established by the City Surveyor; the same to be run parallel with said track, from the present lower line of Conti to the present upper line of St. Louis street, and to be divided or separated by post or run- ners, be and the same is hereby set apart and reserved by the city of New Orleans as a sugar landing for the reception of all sugar and molasses arriving in this city by rail, and any person or persons found depositing^ placing or landing any of such sugar or molasses be- yond the above mentioned or established lines or bound- aries, by dray, wagon or otherwise, shall be considered Penalty, as violating the spirit of this ordinance, and shall be arrested for such violation, and fined the sum of from five to twenty-five dollars for each offence, or imprison- ed for a term of from five to thirty days, at the dis- cretion of the Recorder of the district in which the offence or violation is committed. Art. 3224. That all ordinances or parts of ordinances Repeaiine in conflict herewith be and the same are hereby re- ib. ^ ^^^' pealed. Art. 3225. That the portion of the wharf in the first Produce lo- district, say one hundred and fifty feet from the lower '"orT'No. 275?, line of the St. Louis and Mississippi Valley Transporta-^juneai, issj tion Company, be and the same is hereby set apart for thfe use of the flatboats '^ in the produce trade." Art. 3236. That all ordinances or parts of ordinances Repealing in conflict with the same is hereby repealed. clause. Art. 3227. That wharves opposite the warehouses of 1194 WHARVES. Salt, Messrs. Jackson & Manson, situated between Fourth and Ord. No. 7194, ^\^; 00 Fifth or Washington streets, and of Jackson & Kil- July, 1881. ^ Patrick, situated between First and Second streets, be and the same are hereby set apart as a salt wharf or landing for the reception or shipping of the same from any of said warehouses, and that all vessels or steam- boats arriving with or for such cargoes shall have preference of landing at said wharves ; provided, that no such goods shall be placed on any of said wharves or landings for a longer period or in a greater quantity than may be deemed safe by the wharfinger of the dis- trict. This permission revocable at the pleasure of the Council. PRIVILEGES. Art. 3228. Whereas, certain steamship lines have been granted preference privileges of the larger portion of wharves along the river front, on condition that they keep the approaches to said wharves in good condition during the existence of their privilege. Approaches Therefore, be it resolved, That the Commissioner of Ord. No. SS71' Public Works notify the said steamship lines, or their Jsept. 1, 1891. authorized agents, to have said approaches repaired within sixty days, to the satisfaction of the Administra- tor of Public Works ; otherwise all ordinances granting said privileges be and the same are hereby repealed. MISSISSIPPI VALLEY TRANSPORTATION COMPANY. Location. Art. 3229. (1) That that portion of the public wharves A. s.* ^ °' '''^^* of the city laying in the First District of the city, com- mencing at a point 577 feet above the lower line of the wharf known as the Morgan wharf, and extending to a point seventy-five feet below the same lower line of Mor- gan's wharf, be and the same is hereby designated and set apart as the place for mooring, landing and unload- ing the vessels, barges or other water crafts used and em- ployed by the Mississippi Valley Transportation Com- pany, of East St. Louis, Illinois, a corporation duly created by law, in the transportation of freight between the city of New Orleans and other points on the Mis- WHARVES. 1195 sissippi river and its tributaries, for the period of eight years, subject always to the conditions herein set forth. Art. 3230. (2) That the said Mississippi Valley Exclusive use Transportation Company, thpir successors and assigns, pancy. shall have the exclusive use and occupancy of said wharves, and shall not be ousted therefrom by any ordinance or wharf regulation for or during the above named period, unless said company shall have been, by due legal proceedings, adjudged to have forfeited its rights granted by this ordinance, and any and all contracts made under the authority thereof, and in accordance therewith. Art. 3231. (3) That the said Mississippi Valley conditions of Transportation Company shall have the use and occu- * lu pancy of the said wharves, subject to the following conditions : Said company shall be in all things, in so far as the use and occupancy of said wharves are con- cerned, subject to all general ordinances and wharf regulations applying generally to the entire levee, under the control of the municipal authority of the city; provided, such ordinance or regulation does not dis- criminate against said company in the use of said wharves, to the injury and prejudice of said company. Art. 3232. (4) That said company shall have the right Right to pos- to enter upon and take possession of said wharves at once ***^'*'"''' JJ- and without delay, and make any and all such repairs as may be necessary to render said wharves secure and adapted to its use. That said company shall render to the city full, true and exact accounts of all material used and labor expended in the repair and improvement of said wharves, under the direction of the Administra- tor of Improvements and City Surveyor, accompanied with vouchers showing the actual cost of such repairs and improvements, which account, when found to be true and correct by the Administrator of Accounts, as the proper auditing officer of said corporation, and cer- tified to by the City Surveyor, shall be passed to the credit of said company in cash, and the said company shall be charged with all wharf dues legally chargeable against said company for the use of said wharves until 1196 WHARVES. the total of wharf dues so charged and due shall equal the amount expended by the company in the repairs or improvements of said wharves, when the same shall be balanced, and said company's demand against the city for such repairs discharged, provided always that the company shall be chargeable with and required to pay the same rate of wharfage on levee dues as other per- sons, corporations or associations landing or unloading goods in this city from vessels, or using the wharves or levee for any purpose connected with navigation, Bncroach-^^^ Art. 3233. (5) That should the river encroach upon lb. the bank at the place where said wharves are situated to such an extent as to sweep away the artificial work or wharf, or so much thereof as to materially impair its usefulness to said company, then said company shall not be required to retain the same, but may abandon the same, or repair and rebuild the wharf upon the same terms as to payment and reimbursement as provided in this ordinance for repairs or improvements, as it may elect. If, on the other hand, the shore of the levee should recede from the present levee or wharf front, by filling or otherwise, or from any other cause it should become expedient to extend said wharf out toward the water, or to construct an apron in front of said wharf, then and in that case said company shall have the right to extend the same upon the same terms and subject to the same conditions as the reimbursement of mohey ex- pended in such extension as hereinabove provided in case of repair and improvements, that is to say, may retain the amount due the city for wharf dues, until said company shall be reimbursed for all moneys so ex- pended ; provided, that said wharf shall not be extended more than fifty feet in any one year without the consent of the City Council. Not transfer- Art. 3234. That the privileges hereby granted to the lb. Mississippi Valley Transportation Company shall not be transferable without the consent of the Council, and the Council shall have the right to withdraw said privilege and annul the contract, in the event of the company ceasing to use the wharves, or using them so little that WHARVES. 1197 the revenues derived therefrom by the city shall be less in any one year than two-thirds of the amount fairly estimated that would have been received from transient vessels or those having no special privilege. Art. 3235. That nothing in this ordinance, or in the city not Uabie. grant of wharves or other rights, or in the notarial act made in pursuance of this ordinance, shall be construed as binding the city of New Orleans, or making the said city liable directly, or in warranty, for any claims of citizens or corporations on account of said ordinance, grant or notarial act, or any claims for infringement of rights, or damage to person or property caused by the grantees, or in any way resulting from the construction and use of said wharves by the said grantees, or for any claims for damages, losses or injuries sustained by the said grantees, or their successors or assigns, in case they should be deprived of their rights, or be interfered therewith in the exercise thereof by any person what- ever, save it be the lawfully constituted authorities of the city. Art. 3336. That the Mayor is authorized and directed Notarial con- to enter into a notarial act of contract with the said ' ib ■company or its agents, to secure to the city and to said company the respective rights and privileges named in this ordinance, in accordance with the spirit and intent thereof. RED RIVER PACKET LANDING. Art. 3237. That said Red River packet landing be ord.No. assj, and the same is also hereby assigned as a steamship ^' ^" landing. C, ST. L. & N. O. RAILROAD. Art. 3238. (1) That all that portion of the whai-ves of Dec, 1871. the city extending from the lower line of the New Orleans ord? N'0.%37, Pacific Railway grant for wharves down to a point May, issi. within two hundred and twenty- five feet of the upper line of the present wharf of the Louisville & Nash- ville Railroad is hereby set apart for the use of and as a, landing place for steamboats, barges, steamships, sailing vessels and other water crafts, delivering cargoes 1198 WHARVES. to or receiving cargoes from the Chicago, St. Louis & New Orleans Railroad Company ; provided, however, that it is not the intention of this ordinance to give said rail- road company the exclusive right to use said wharves,, but only to give such preference in the use thereof as will facilitate the transaction of the business consigned to and from said railroad company. Subject to au Art. 3239. (2) That the Said wharves hereby sct asidc" »iatfons. ^^^ shall continue subject to all the rules and regulations of ■ the Council pertaining to the wharves, and that the har- bor master, or wharfinger shall not assign the use- thereof to vessels other than those doing business with said railroad company, except when such assignment shall not interfere with the delivery or receipt of car- goes to and from said railroad ; and provided further, that any vessel or vessels occupying said wharves and not engaged in discharging cargoes to or receiving car- goes from said railroad company shall, at the request of said railroad company, be required to haul outside, to admit any vessel to land at said wharf to discharge or receive cargoes to or from said railroad company. Renewal of Art. 3240. (3) That permission is hereby granted to wli&rvcs. lb! the said Chicago, St. Louis & New Orleans Railroad Company to renew the wharves herein set aside for its use, and from time to time to fill up said wharf for such distance as will leave at least sixty feet of wharf superstructure, and to construct such improvements, betterments and repairs upon and to the same as may be necessary to render and keep them in all respects suitable and proper for the transaction of the business of said railroad company ; provided, that a plan of such renewals, improvements and repairs shall be first ap- proved by the City Council ; the cost of such renewal, improvements and repairs, to the extent that said cost may represent the cost of renewing, improving and re- pairing the said wharves according to specifications on file in the City Surveyor's office, shall be reimbursed to the said railroad company out of the revenues derived from the wharves herein designated, by such party or parties as may be authorized to collect such revenues ;. WHARVES. 1199 provided, that no vessels or water craft shall use this landing to receive or discharge cargoes without paying^ the usual wharf dues ; and that the payments so to be made to the said railroad company in reimbursement by the lessees, or such person as the city may authorize to collect the wharfage, shall only be required to be made at the end of each three months, and shall embrace the entire revenue collected from said wharves until the full amount shall have been refunded to the said rail- road company. It is also understood that nothing in this ordinance shall be construed to grant to said rail- road company the right to collect the revenues of said wharves unless authorized by said city to do so, or to interfere with the right of the city to collect the same in such manner as the said city may elect. Art. 3241. (4) That the said Chicago, St. Louis & tc construct New Orleans Railroad Company is hereby authorized to ibl construct and maintain such track or tracks to, along or upon the said wharves and landing as may be necessary for the convenient and expeditious transaction of the business of said railroad company ; provided, that any track laid upon said wharves shall be flush with the planking, so as to offer no impediment in crossing over said track ; and the said railroad company may erect a shed or sheds over so much of said wharves or such portion filled, hereby set apart for them, as may be nec- essary to protect fruit, coffee, provisions, cotton and other merchandise, liable to damage by exposure to the ^ weather. Art. 3242. (5) The said railroad company shall have Removal of the right to remove from the said wharf or landing, at the * ^ib.' expiration of this grant, any shed or buildings they may have erected thereon with the consent of the City Coun- cil, unless the said city or wharf lessees shall elect to pay for and retain the same upon the said wharves or landings, at their valuation of such sheds or buildings, to be determined by appraisement, if the parties thereto can not agree. Art. 3243. (6) The said railroad company hereby consideration, agrees, in consideration of the facilities granted to it by 1200 WHARVES. setting aside said wharves and landings for its use, to keep Erato street, from Pilie street to said wharf, and Gaien- nie street, from Pilie street to said wharf, in good order and condition for ingress and egress to and from said wharves and landings, set aside to and known as the Chicago, St. Louis & New Orleans Railroad Company wharf, during the continuance of this assignment of said wharves and landings to the Chicago, St. Louis & New Orleans Railroad Company. Terms of Art. 3244. (7) That this ordihance shall be in full grant. ^ ' lb. force and effect the first day of June, 1891, for a term of ten years. T. & G. FORWOOD. Location. Art. 3245. (1) That four hundred (400) feet of the Ord. No. 707s, ^ ^ A. s. river front, from the upper end of the N. O. & T. Railway wharf, say on a line with the lower end of Terpsichore street, and running up stream to a point in front of Henderson street, according to a survey of the same (the lines and distances of which to be furnished by the City Surveyor), be and the same is hereby set apart, during a term of ten years, from the 1st of September, 1881, for the use of steamships of which T. & G. For- wood are agents 5 but this is not to be construed as an exclusive privilege to T. & G. Forwood, except that they shall have the preference to the use ofc* such wharves whenever they have a steamship in port, or immediately due, to occupy the wharf. Dues. Art. 3246. (2) That all steamships and vessels land- ' ing at that wharf will pay the authorized collector of wharves and levee dues the customary wharves and levee dues of the port. Woodwork, Art. 3247. (3) That the lessees of wharves, under * Ordinance No. , A. S., be required to build and com- plete the woodwork of the wharf four hundred feet long from the upper end of the N. O. & Pacific Railway wharf by the 1st September, 1881. Bulkhead. Art. 3248. (4) That T. & G. Forwood be permitted ' to build a new bulkhead 400 feet long, in a Ime parallel with and seventy-two feet from the bulkhead now exist- lb. WHARVES. 1201 ing, aud extending; along the river front 400 feet from the upper end of the N. O. & P. Railway wharf. Art. 8249. (5) That T. & G. Forwood be permitted to Fining, fill with the river sand to be taken from the battnre or ac- cretion outside of the new bulkhead referred to above, all that space requiring filling to be flush with the wharf between the new bulkhead and the present bulkhead. Art. 32.")0. (6) That T. & G. Forwood are hereby au-shed. thorized to construct and maintain for their exclusive pur- pose, for a term of ten years from the 1st of September, 1881, a suitable and substantial shed not exceeding four hundred feet long and seventy feet wide, on the site between the new bulkhead above referred to and the present bulkhead. Art. 3251. (7) That T. & G. Forwood shall have the to remove ^ ' sheds, etc. right to remove from the said wharf or landing, at the ex- ib. piration of this grant, any shed or building that may have been erected thereon with the consent of the City Coun- cil, unless the said city or wharf lessees shall elect to pay for and retain the same upon said wharves or land- ings at the then valuation of such sheds or buildings, to be determined by appraisement, if the parties thereto can not agree. Art. 3252. (8) That for and in consideration of the to cover foregoing privileges, the said T. & G. Forwood are hereby ibl required to cover the approach leading from Henderson street, from Water street to the wharf contemplated in the foregoing privilege, and Pilie street and the landing along said four hundred feet of wharf privilege, a suffi- cient thickness of hard substances, such as rock, oyster shells or gravel, and to keep the same always in good order and condition; all of which improvements, etc., shall be made under the surpervision of the Administra- tor of Commerce and Improvements, and according to specifications to be furnished by the City Surveyor. LOUISVILLE & NASHVILLE R. R. CO. (FORMERLY NEW ORLEANS, MOBILE & TEXAS R. R.) Art. 3253. (1) That all that portion of the wharves of Landing^ the city extending from the lower line of the C, St. L. & a.s. Ord. No. 7a8«, N. O. R. R. grant for wharves to the present wharf of "^" ' 1202 WHARVES, the N. O., M. & T. R. R. Company as reorganized, is hereby set apart for the use of and as a landing place for steamboats, barges, steamships, sailing vessels and other water crafts delivering cargoes to or receiving car- goes from the N. O., M. & T. R. R. Company, as reor- ganized ; provided, however, that it is not the intention of this ordinance to give said railroad company the ex- clusive rights to use said wharves, but only to give it such preference in the use thereof as will facilitate the transaction of the business consigned to and from said railroad company. Use of wharf. Art. 3254. (2) That said wharves hereby set aside shall 'continue subject to all the rules and regulations of the Council pertaining to wharves ; and that the harbor mas- ter or wharfinger shall not assign the use thereof to ves- sels other than those doing business with said railroad company, except when such assignment shall not inter- fere with the delivery or receipt of cargoes to and from said railroad ; and provided further, that any vessel or vessels occupying said wharves and not engaged in dis- charging cargoes to or receiving cargoes from said rail- road company shall, at the request of said railroad com- pany, be required to haul outside to admit any vessel to land at said wharf to discharge or receive cargoes to or from said railroad company. Renewal of Art. 3255. (3) That pcrmissiou is hereby granted to '^''Yb." the said New Orleans, Mobile & Texas Railroad Company, as reorganized, to renew the wharves herein set aside for its use, and from time to time fill up said wharf for such distance as will leave at least sixty feet of wharf superstructure, and to construct such improvements, betterments and repairs upon and to the same as may be necessary to render and keep them in all respects suitable and proper for the transaction of the business of said railroad company ; provided, that a plan of such renewals, improvements and repairs shall be first ap- proved by the City Council ; the cost of such renewal, improvement and repairs — to the extent that said cost may represent the cost of renewing, improving and repairing the said wharves according to specifications on WHARVES. 1203- file in the City Surveyor's office — shall be reimbursed to the said railroad compauyj out of the revenues derived from the wharves herein designated, by such party or parties as may be authorized to collect such revenue ,- provided, that no vessels or crafts shall use this landing to receive or discharge cargoes, without paying the usual wharf dues ; and that the payment so to be made to said railroad company in reimbursement by the lessees, or such person as the city may authorize to collect the wharfage, shall only be required to be made at the end of three months, and shall embrace the entire revenue collection from said wharves until the full amount shall have been refunded to the said railroad company. It is also understood that nothing in this ordinance shall be construed to grant to the said railroad company the right to collect the revenue of said wharves, iinless authorized by said city to do so, or to interfere with the right of the city to collect the same in such manner as the said city may elect. Art. 3256. (4) That the said New Orleans, Mobile & Tracks. Texas Railway Company, as reorganized, is hereby au- thorized to construct and maintain such track or tracks to, along or upon the said wharves or landings as may be necessary for the convenient and expeditious trans- action of the business of said railroad company ; pro- vided, that any track laid upon said wharves shall be laid flush with the planking, as to offer no impediment in crossing over said track ; and the said railroad com- Sheds. pany may erect a shed or sheds over so much of said wharves or such portion filled, hereby set apart for them, as may be necessary to protect fruit, coffee, pro- visions, cotton and other merchandise liable to damage by exposure to the weather. Art. 3257. (5) That said railroad company shall have Right to re- the right to remove from the said wharf or landing, at '"°^* ^'^'ibl the expiration of this grant, any shed or buildings they may have erected thereon with the consent of the City Council, unless the said city or wharf lessee shall elect to pay for and retain the same upon said wharves or landings at the then valuation of such sheds or build- 1204 WHARVES. ings, to be determined by appraisement if the parties hereunto can not agree. Name. Art. 3258. (6) Said wharves shall be known as the wharves of the New Orleans, Mobile & Texas Railroad Company, as reorganized, and during the continuance of this assignment of said wharves and landings to the New Orleans, Mobile & Texas Railroad, as reorganized. ^in goJd'con^ -^RT. 3259. (7) That the Louisville & Nashville Railroad ^•*'°'^- jb. ^o™P^^y ^hall keep Calliope street, from the centre of Water street to the wharf, and the entire front or levee room granted to them, in good order and condition, ex- cept such portion or portions of the same as may here- after be occupied by the Chicago, St. Louis & New Or- , leans Railroad Company, which will be required to be kept in like good order and condition by the said Chi- cago, St. Louis & New Orleans Railroad Company. The said Louisville & Nashville Railroad shall also cover the said front or levee room with such hard substance as may be designated by the City Surveyor, similar to that used in covering other portions of the levee. They are also hereby required to take up the woodwork of their old track on the "Cotton Levee," between Canal and Girod streets, and fill the same with shell, gravel or bal- last, and shall also be required to fill up the batture' at the ''Barge Landing" to the grade of their track. Not to affect Art. 3260. (8) That it is further understood that right to lay ^ ' tracks. nothing herein contained shall alEfect the right of the Chicago, St. Louis & New Orleans Railroad Company to lay their tracks upon the wharf, as per plans and specifications adopted by the City Council. Term of grant. Art. 3261. (9) That tMs Ordinance shall be in full force and effect from and after its promulgation, and be and remain in force for a term of ten years. ILLINOIS CENTRAL AND LOUISVILLE & NASHVILLE RAILROAD COMPANIES. Rieht. Art. 3262. (1) That all that part of the wharves and city of Xew Orleans has the right to control, manage and administer their use for the public convenience and utility Riparian proprietors have no right, by injunction, to restrain the exercise of this right. The discretion of the city, in determining what are proper and needed facilities for commerce, and on what part of the river banks, within her limits, they should be established, is not a proper question for judicial control or interference. 34 An. 856; 42 An. 614. The proprietor of the soil adjacent to the river has no right to appropriate to his exclusive use the banks of a navigable water course, because he has no property in the use thereof. The owner of coal boats and barges moored to the river bank within city limits has no authority, derivable from the proprietor of riparian property through instrumentality of a lease, to build houses in which to store apparatus and tackle and shelter his men, by resting their foundations on piles driven in batture out- side the levees. 42 An. 614. The duty is imposed on the Commissioner of Streets to see that produce and goods landed on the wharves are laid as near as possible to the paved part of the levee; also to have removed obstructions and encumbrances. The performance of that duty need not, necessarily, be pre- ceded by his order to remove all goods and wares to warehouses^ at the owner's expense, forty-eight hours after they are dis- charged on the wharves. 47 An. 1289. WEIGHTS AND MEASURES. See Act 297 of 1855, p. 360, providing for the inspection of weights and measures. Act No. 43 of 1864, p. 80, same. Act 81 of 1877, E. S., p. 121, creates office of inspector for Sixth and Seventh Districts. Act Xo. 8 of 1870, E. S.. p. 50, provides penalty for selling by short weight and measure. UNIVERSITY INDEX TO CHAKTER OF 1882, ACTS AMENDING SAME. Amendments — Section 8 by Act 114 of 1886, p. 39. Section 25 by Act 87 of 1884. p. 41. Section 32 by Act 113 of 1886, p. 42. Section 37 by Act 119 of 1886. p 44, and by Act 142 of 1894. p. 45. Sections 45, 46 and 47 by Act 77 of 1884, p. 47. Section 47 by Act 90 of 1884, p. 50. Section 47 by Act 174 of 1894. p. 52. Sections 45 and 47 by Act 154 of 1894. p. 55. Section 51 by Act 36 of 1892, p. 54. Section 63 by Act 102 of 1884, p. 57. Section 66 by Act 88 of 1884, p. 59, and by Act 109 of 1886, p. 59. Public improvement, by Act 81 of 1882. p. 60. Taxes, when delinquent, bv Act 109 of 1882, p. 66. Powers of Council, by Act 135 of 1888. p. 61. Office hours, by Act 113 of 1892, p. 64. Collection of taxes and licenses, by Act 127 of 1894, p. 65. Amusements, p. 13, section 8. Apportionment, p. 3, section 2. Appropriations — Limit of, p. 36. section 66. Amended by Act 109 of 1886, p. 59. Attorney — Duties of, p. 24, section 27. Salary of, p. 24, section 27. Assistants, p. 24, section 27. Banquettes — See Sidewalks, p. 13, section 8. Batture, p. 31, section 8. Boundaries, p. 1, section 1. Budget, p. 35. section 65. Amended by Act 88 of 1884, p. 59. Amended by Act 109 of 1886, p. 59. For 1883, p. 38, section 77. Buildings, p. 13, section 8. City Property, p. 25, section 28. City Attorney (see "Attorney"), p. 24, section 27, 1246 INDEX TO CITY CHARTER. City Surveyor (see '• Surveyor'"), p. 23, section 26. City Notary (see '• Notary)"", p. 32, section 53. City Council — Organization, p. 10, section 3, Election of members, p. 15, section 13. Auttiority to punish, p. 11, section 6. Expulsion of members, p. 10, section 5. Qualification of members, p. 2, section 2. First meeting, p. 10, section 4. Powers and duties of, p. 11, section 7. Further defined by Act 135 of 1888, p. 61. Ordinances passed by, p. 14, section 9. To sit with open doors, p. 14, section 11. Mayor to preside over new Council, p. 14, section 10. Ineligibility of members, p. 16, section 18. Right to seats, p. 25, section 29. Power to remove, p. 25, section 30. Members to hold over, p. 25, section 31. Right to pave streets, page 28, section 37. Meetings, p. 32, section 52. Vacancies, p. 33, section 56. President of, p. 37, section 71. City of New Orleans, p. 1, section 1. Seal of, p. 1, section 1. Property of, p. 25, section 28. Dispensed from furnishing bond, p. 37, section 72. Combustibles, p. 13, section 8. Comptroller — Duties of, p. 18, section 21. Bond of, p. 20, section 21. Salary, p. 20, section 21. Right to sit in Council, p. 25. section 29. To hold over, p. 25, section 31. Vacancy, p. 33, section 55. Signature, p. 21, section 23. Commissioner of Police and Public Buildings (see •' Police and Public Buildings"), p. 22, section 25. Commissioner of Public Works (see '• Public Works, Commis- sioner "), p. 21, section 24. Departments of Government — Organization of, p. 28. section 38. Clerks and Deputies of, p. 28, section 39. Salaries of Clerks, p. 28, section 38. Deputy Surveyors (see " Surveyors"), p. 23, section 26. Drainage, p. 29, section 43. Repeal of all laws on, p. 29, section 42. INDEX TO CITY CHARTER. 1247 Elections, p. 15, section 13. Returns, p. 15, section 14. Contested, p. 15, section 15. First, p. 38, section 75. Executive Department, p. 14, section 12. Qualifications of members, p. 14, section 12. Term of office, p. 14, section 12. Fire Alarm Telegraph — Superintendent of, p. 37, section 74. His salary, p. 37, section 74. Employees and their salary, p. 37, section 74. Franchises- Proceeds of (Act 81 of 1S82), p. 60. Gambling houses, p. 13, section 8. Health- Council to maintain, p. 11, section 7. Impeachment — City ofiicers, p. 33, section 58. Committee of, p. 34, section 53. Court of, p. 34, section 60. Proceedings, p. 34, section 61. Judgment, p. 34, section 62. Justices of the Peace, p. 30, section 44. Legislative Powers, p. 2, section 2. Licenses and Taxes (see " Revenues"). Collection (Act 127 of 1894), p. 65. Mayor — Duties and qualifications of, p. 16, section 19. Salary, p. 17, section 19. To approve ordinances, p. 17, section 20. To hold over, p. 25, section 31. Vacancies, p. 33, section 54. Signature, p. 21, section 23. Term of office, p. 14, section 12. Mississippi river, p. 37, section 73. Notary (City), p. 32, section 53. Oath of office, p. 15, section 16. Office hours (Act 113 of 1892), p. 64. Officers- Term of, p. 38, section 76. To hold over, p. 25, section 31. 1248 INDEX TO CITY CHARTER. Officers — Continued. Removal, p. 25, section 30. Salaries, p. 29, section 40. Salaries, no increase, p. 29, section 41. Impeachment, p. 33, section 58. Office hours (Act 113 of 1892), p. 64. Ordinances — Approval, p. 17, section 20. Publication, p. 15, section 17. Passage, p. 14, section 9. Paving (see "Streets""), p. 25, section 32. Petitions — Publication of, p. 27, section 35. * Police — Council to organize, p. 12, section 7. Mayor to appoint, p. 16, section 19. Police courts, p. 30, section 45. Police and Public Buildings, Commissioner of — Amended by Act 87 of 1884, p. 41. Duties, p. 22, section 25. Bond, p. 23, section 25. Salary, p. 23, section 25. Right to seat in Council, p. 25, section 29. To hold over, p. 25, section 31. Vacancy, p. 32, section 55. Powers of Council. — Further defined. Act 135 of 1888, p. 61. President of Council, p. 37, section 71. Property (see "Taxes'")— Subject to taxation, p. 36, section 67. Real Estate, p. 36, section 68. Personal, p. 36, section 69. Income, p. 37, section 70. Public Buildings, Commissioner of — (See "Police and Public Buildings"), p. 22. section 25. Publication of Ordinances, p. 15, section 17. Public Improvements, Permanent — Act 81 of 1882, p. 60. Railroads, p. 13, section 8. Recorders — Amended by Act 77 of 1884, p. 44. Act 90 of 1884, p. 50. Act 154 of 1894, p. 55. Act 174 of 1894, p. 52. Courts, p. 30, section 45. Jurisdiction, p. 30, section 46. Qualifications and salaries, p. 36, section 47. INDEX TO CITY CHARTER. 1249 Recorders — Continued. Elections, p. 30, section 47. Removal, p. 31, section 48. Recorders, pro tern., p. 32, section 51. Amended by Act U of 1892, p. 54. Fines imposed by, p. 31, section 50. Vacancy, p. 33, section 57. Revenue- Annual tax, p. 34, section 63. Taxes and licenses, p. 35, section 64. Collection of licenses (Act 127 of 1894). p. 65. Salaries — Of ofHcers, p. 29, section 40. J?^o increase of, p. 29, section 41. Schools, p. 12, section 7. Security, p. 37, section 72. Sidewalks, p. 13, section 7. Amended by Act 114 of 1886, p. 39. Signatures, p. 21, section 23. Streets — Paving of, p. 25, section 32. Amended by Act 113 of 1886, p. 42. New paving, p. 26, section 33. Opening of, p. 27, section 34. Repairs, p. 28, section 36. Right of Council, p. 28, section 37. Amended by Act 119 of 1886, p. 44. Amended by Act 142 of 1894, p. 45. Surveyor — Duties of, p. 23, section 26. Salary, p. 23, section 26. Surveyors, Deputy — Duties of, p. 23, section 26. Compensation, p. 23, section 26. Taxes — Annual, p. 34, section 63. Amended by Act 102 of 1884, p. 57. Delinquent (Act 109 of 1882). p. 66. Treasurer — Duties of the, p. 20, section 22. Bond, p. 21, section 22. Salary, p. 21, section 22. Right to seat in Council, p. 25, section 29. To hold over, p. 25, section 31. Vacancy, p. 33, section 55. Signature, p. 21, section 23. Vacancies, p. 33, section 54. Wharves, p. 12, section 8. . GENERAL INDEX. Abattoir (see "Slaughterhouse'"). Absence, leave of, p. 294, article 652. Accidents, duty of drivers, p. 274, article 599. Actions, against city, prescription, statute, p. 647. Adulteration — Of bread, p. 134, article 227. Of food, p. 385, article 819. Of food, statute, p. 409. Of milk, p. 386, articles 822, 823. Of milk defined, p. 387, article 825. Of molasses, p. 388, articles 834-839. Advertising Boards, p. 1059, article 2795. Advertisements, posting, etc., p. 557, articles 1405-1410. Defacing poles with, p. 562. article 1432. Advisory Board on Drainage — Appointments and duties, p. 267, article 576. Board, p. 268, article 581. , Vacancies, p. 268, article 581. Notice of meetings, p. 268, article 582. Drainage report, p. 268, article 584. Agencies, Labor, statute, p. 431. Agents, renting rooms, etc., to lewd women, p. 458, articles 1080- 1088. Algiers Ice Manufacturing Co. — Franchise for electric lighting, p. 289, article 642. Main lines and circuits, p. 289, article 643. Insulation, p. 289, article 644. Splices and joints, p. 290, article 645. Streets and sidewalks, p. 290, article 646. Conduits, p. 290, article 647. Injury to property, p. 290, article 648. To begin when, p. 290, article 648. Void when, p. 290, article 648. Confined to Fifth district, p. 290, article 648. Eights reserved by city, p. 291, article 649. Algiers & Tunisburg Railroad, p. 919, articles 2491-2525. Alleys, repairs to, p. 1072, articles 2844-2856. Alignment of banquettes, p. 1074, articles 2857-2869. Of streets, p. 1047, articles 2739-2765. Almshouses, Asylums, Trust Funds and Charitable Institutions- Unlawful to establish without permission of Council, p. 67. article 1. GENERAL INDEX. 1251 Almshouses — Continued. Protests, p. 67, article 2» Penalty, p. 67, article 3. Record book to be kept, p. 67, article 4. Monthly reports, p. 68, article 5. Inspection, p. 68, article 6. Repealing clause, p. 68. article 7. Shakespeare Almshouse, p. 68, articles 8-19. Touro Almshouse, p. 70, articles 20-22. Prison and Asylum Commission, p. 70, articles 23-31. Jean Marie, behest, p. 72. article 32. Deaf, Dumb and Blind Institute, statute, p. 73. Insane Asylum, statute, p. 74. Colin J. Nicholson fund, p. 74. Fink fund, p. 77, articles 33-41. '* Fisk fund, p. 80, articles 42-52. Nicholas Girod fund, p. 82, articles 53-58. McDonogh School Fund, p. 85, articles 59-71. Sickles Legacy, p. 88, articles 72-78. Alterations and Extensions of Buildings — In tire limits, p. 354, article 751. Ambulances — Right of way, p. 1064, article 2807. Rate of speed, p. 1064. article 2808. American Union Telegraph Company — Right of way, p. 1115, articles 2969-2971. Ammonia and Thermo-Specific Propelling Company, p. 702, article 1795. Amusements, Entertainments and Public Exhibitions — Geneial Ordinances — Consent of Council, p. 89, articles 79-80. Tax, p. 90, article 81. Disorderly acts, p. 90, article 82. Vehicles, p. 90, article 83. Seats for city officers, p. 90, article 84. Compensation of police, p. 90, article 85. Inspection by Mayor and City Surveyor, p. 91, article 86. Duty of City Attorney, p. 91, article 87. Mayor to preserve order, p. 91, article 88.' Weapons, p. 91, articles 89-91. Duty of police, p. 92, article 92. Military organizations excepted, p. 92, article 93. Duty of police, p. 92, article 94. Number of police, p. 92, article 95. Right of police to enter, p. 92, article 96. Penalty, p, 93, article 97. Copy of Ordinances to be posted, p. 93, article 98. Balls, p. 93, articles 99-102. 1252 GENERAL INDEX. Amnsements— Continued. Cockpits, p. 94, article 103, , Dos: and bull fighting, p. 94, articles 104, 105. Glove contests, p. 95. articles 106-108. Shooting galleries, p. 96. articles 109. Theatres, p. 96. articles 110-112. Analytical Chemist, p. 204, article 419. Animals and Birds — Dogs, p. 97, articles 113-134. Goats, p. 101. articles 135-142. Hogs. p. 103. article 143. General Provisions — Wild animals, p. 103. ai;ticles 144, 145. Driving cattle in certain limits, p. 103, articles 146-148. Roving at large, p. 665, articles 1740-1754. Sick with glanders, disposal of, p. 103, articles 149-151. Sick with contagious diseases, p. 401, article, 896. Exercising on certain streets, p. 537, article 1299. Washing horses on pavements, p. 537, article 1300. Hitching horses,- p. 537, article 1302. * Driving cattle loose through streets, p. 538, article 1303. Driving horses through streets, p. 539, article 1308. Driving horses in charge of competent keepers, p. 539. article 1309. Driving horses, prohibited through certain streets, p. 539. article 1309. Roving on banquette, p. 539, article 1312. Crueltj' to animals, p. 539, article 1313. Game, p. 104. articles 152-164. Sparrows, p. 106, article 165. Pigeons, p. 107, articles 166, 167. Acts of Legislature — Stealing horses or mules, p. 107. Cruelty to domesticated animals, p. 107. Property in dogs, p. 108. Society for Prevention of Cruelty to Animals, p. 109. Other acts, p. 109. Annuities, police, statute, p. 643. Annunciation' & Chippewa Street Railroad lines, p. 871, articles 2032-2335. Extension for fifty years, p. 886, articles 2368-2393. Annunciation park, p. 598. article 1510. Applicants for privileges, requirements, p. 659, articles 1716- 1720. Appropriations — Limit of expenditures, p. 110, article 168. One-twelfth rule, p. 110, article 170. Expenses School Board, p. 692. GENERAL INDEX. 1253 Archives, p. 110. Artillery, in parks and squares, prohibited, p. 565, article 1445. As.«essroents, p. 116, articles 172-191. Assessors — Assessment districts, p. 114. articles 176-191. Appointment of board and their duties, p. 110, articles 172- 174. Correction of assessment, p. 112. article 175. Decisions, p. 116. Astredo, John, certain rights at West End, p. 452, article 1062. Atlantic and Pacific Telegraph Company — Right of way, p. 1116, article 2972. Attorney, City — Election, duties and salary, p. 116, article 192. To draft ordinances, p. 117, article 193. To prepare documents, p. 117, article 194. Records, p. 117, article 195. Moneys, p. 117, article 196. Salary full compensation, p. 117, article 197. Duties at end of term, p. 117, article 198. Costs, p. 117, articles 199, 200. Duty of Comptroller, p. 118, article 201. Licenses, p. 465, article 1115. Legal adviser of Tolice Board, p. 642. Personal tax bureau, duty of, p. 1105, article 2939. Duty relative to juvenile vagrants, p. 1142, article 3053. Assistants (see ''Taxes'')— Appointment, duties and salary, p. 118, article 202. Collection of delinquent taxes, p. 119. article 203. Injunction bonds, p. 119, article 204. Notice to sue in certain courts, p. 119. article 205. Canceling judgment, p. 119, article 206. Recording judgment, p. 119, article 207. License, p. 465, article 1116. Auction and Auctioneers, statute- Act relative to, p. 120. Relative to bonds, p. 125. Judicial and other sales, p. 125. Sales of Goods, where and at what time, p. 126. Proces verbal, p. 127. Sales on stocks, bonds, etc., p. 127. Decision, p. 127. Audubon Park — Board of Commissioners created, p. 589, article 1486. Number of board, p. 590, article 1487. Appointment, p. 590, article 1488. Powers of, p. 590, article 1489. 1254 GENERAL INDEX. Audubon Park — Continued. Commissioners not to be interested in contracts, etc., p. 591. article 1490. Collections and disbursements, p. 591, article 1491. Keports, p. 591. article 1492. Waterworks and Police, p. 591, article 1493. Board authorized to make rules and regulations, p. 591. article 1494. Violations of rules, etc., p. 591, article 1495. Purpose of park not to be changed, p. 592, article 1496. Change of name to Audubon, p. 592, article 1498. Rules and regulations, p. 592, article 1499. Note of City Park, p. 593, article 1499. City Surveyor to survey, etc., p. 597, article 1501. Awnings, Sheds and Signs — Height above banquettes, p. 128, article 208. Duty of Police, p. 128, article 209. Duty of Commissioner, p. 128, article 210. Masking lights, p. 128, article 211. Fireproof covering, p. 128, articles 212-213. Swinging signs, p. 129, articles 214, 215. Duty of Commissioner to cause removal, p. 129, article 217. Canal street, p. 130, article 218. Duty of Commissioner, p. 130, 219. Bakery — Bread — Bakers to report to Mayor, p. 130, article 220. Consent of property holders, p. 131, article 221. Weight of loaves, p. 131, article 222. Weights and Scales, p. 131, article 223. Inspection of bread, p. 132, article 224. Assize, how tixed and published, p. 133, article 225. Tariff of weight and price, p. 133, article 226. Adulteration of bread, p. 134, article 227. Bread made to order, p. 134, article 228. Unlawful to sink wells, p. 134, articles 231, 232. Penalty, p. 134, article 233. Balconies, galleries, etc. (see "Buildings ''), p. 179, article 341. Ballast on Wharves, p. 1181, articles 3167-3169. Balls (see "Amusements ") — Permission, p. 93, article 99. Mayor to close, when, p. 94, article 100. Duration, p. 94, article 101. Contrary to public morals, p. 94, article 102. Police and their duty, p. 94, article 103. Baltimore & Ohio Telegraph Co. — Franchise and right of way, p. 1116, articles 2973-2981. Barges (see "Wharves"), p. 1225. GENERAL INDEX. 1255 Barrooms and Restaurants- Petitions to Council p. 135, article 234. Protests, p. 135, article 235. Penalty, p. 135, article 236. License, p. 136, article 238. Sign, p. 136, article 239. Sales, p. 136, article 240. Transfer of license, p. 136, article 241. Sale of liquor to U. S. soldiers, p. 136, article 242. Music in barrooms, etc., p. 136, article 243. Disorderly houses, p. 137, article 244. On election days, p. 137, article 245. Hours for closing, p. 137, article 246. Music saloons (license), p. 137, article 247. Hours for closing, p. 138, article 248. Permission to open. p. 138, article 249. Liquors to minors, p. 138, articles 251-254. Lewd women, p. 457. article 1075. Restaurants (see "Restaurants"), p. 139, articles 255-258. Privileges, p. 142. Requirements of applicants to Council for privilege, p. 659, article 1717. A-Cts of Legislature — Penalty for keeping saloon open without license, p. 140. Females in concert halls, etc., p. 140. Sale to minors prohibited, p. 141. Basins (see "Canals''), p. 190. Baths (see "New Orleans Auxiliary Sanitary Association"), p. 534, articles 1290-1-298. Bathing in reservoir of waterworks prohibited, p. 1070, article 3141. Indecent exposure, p. 551, article 1376. Batture — Taking sand, p. 441, article 1012. Piling sand on levee prohibited, p. 441, article 1013. Wharfingers to regulate taking of. p. 441, article 1014. All permits revoked, p. 441, articles 1015-1017. Deposits to be made, p. 441, article 1016. Permission to Orleans Levee Board, p. 442, articles 1018, 1019. Rice chaff, p. 442, article 1020. Banana Peelings, p. 566, articles 1450-1452. Banquettes (see "Sidewalks*'). Bawdy Houses, p. 457, articles 1074-1095. Bayou St. John (see "Canals"), p. 186. Beauregard Square — Change of name from Fillmore to, p. 598, article 1511. Change of name from Congo to, p. 598, article 1512. 1256 GENERAL INDEX. Beauregard Square — Continued. Board, p. 599, article 1513. Organization of Board, p. 599, article 1514. Powers of Commissioners, p. 599. article 1515. Exclusive control, p. 599, article 1516. Improvements, p. 600, article 1517. Police, p. 600, article 1518. Free access, p. 600, article 1519, Beef, Corned, sale of, p. 477, article 1174. Beggars (see "Vagrants"). Bells- Bicycles, p 154, article 261. Steam Kailroads to ring in city limits, p. 698, article 1773. To be placed on trains of street railroads, p. 701, article 1788. Louisville & Xashville, p, 722, article 1884. Belt Railroad — New Orleans Belt Railroad, p. 941, articles 2574-2590. Mayor to appoint Commissioners to perfect plan, p. 952, article 2613. Beer Houses (see '• Barrooms'"), p. 135, article 234. Bicycles— To be provided with light and bell, p. 154, article 261. Unlawful to ride on Camp and Melpomene culverts, p. 154, article 262. Riding on banquettes prohibited, p. 154, article 263. Pushing on banquette permitted, p. 154, article 263. Births, Deaths and Marriages (see " Health"), p. 406. Black, Charles E., and associates, p. 1119, articles 2982-2996. Franchise and right of way. Telephone Company. Blacksmiths (see " Forges"), etc., p. 361, articles761-765. Boarding-houses (see " Health"), p. 470, articles 933-935. Board of Assessors (see "Assessors"), p. 114. Board of Commissioners of Asylums, etc. (see " Almshouses"), p. 67, articles 1-78. Board of Commissioners of Squares, Parks, etc. (see "Parks and Neutral Ground"), p. 585, articles 1483-1631. Boards of Commissioners of Liquidation (see " City Debt"), p. 210. Board of Police Commissioners (see " Police"), p. 638. Board of Health(see " Health"), p. 385. Board of Harbormasters (see "Harbormasters"), p. 382. Board of Directors of Public Schools (see "Public Schools"), p. 672. Board of Administrators of Charity Hospital (see" Hospital"), 409. Board of Commissioners of Trust Funds (see "Asylums, etc."), p. 67, articles 1-78. GENERAL INDEX. 1257 Board of Fire Commissioners (see " Fire Department'"), p, 339. Board of Levee Commissioners(see "Lands and Levees'"), p. 432. Boats — Carry off fecal matter, p. 1161, articles 3113, 3114. Sale of garbage, p. 377, article 790. Landing, p. 1226. Bohn, B. C, Lease lot Xo. 13, West End, p. 449, articles 1045- 1047. Boilers — Inspection of, p. 427. Steam engines and, p. 1011, articles 264-2203. Bonfires (see "Combustibles"''), p. 243. Bonds and Securities — OtflciaJ bonds, how executed, p. 155, article 284. Police bonds, before whom, p. 156, article 265. Police bonds, p. 660. Sureties to possess real estate, p. 156, article 267. Bonds completed before warrant issue, pp. 156, 571, 572. articles 568, 1458, 1459. To be furnished within two weeks, p. 156, article 569. Condition of bonds, pp. 156, 572, articles 572, 1460. Duty of clerk of council, p. 156, article 571. Acts of Legislature — Disposition of forfeited bonds, p. 157. Authority to Xew Orleans to require bonds, p. 157. Boneyards, p. 993. article 2694. Books and Accounts of city, relative to keeping, etc. (see " Comptroller ""). Books of Comptroller (see "Comptroller'"). Bootblacks, around squares, parks, etc., prohibited, p. 565, ar- ticle 1446. Boundaries — City, left bank, p. 158, article 273. Wards, precincts, p. 158, article 275. Boxes, metallic — Garbage, p. 375, article 782. Boylan Detective Agency and Protection Police. Rights and privileges, p. 644, articles 1669-1674. Bread (see " Bakery," etc.,) p. 130, article 220. Breweries (see "Health "). Bridge (see " Canals," etc.), p. 190, Buildings, their construction (see " Fire Escapes and Fire Limits) . Certificate of City Engineer, p. 168, article 292. Plans and specifications, p. 168, article 292. Xame and residence of owner to accompany plans, p. 168, article 292. Record of permit, p. 168, article 293. 1258 GENERAL INDEX. Buildings — Continued. Permits, p. 168, article 294. Charges for permits, p. 169, article 295. Certified costs, p. 169, article 296. Repairs, etc., under $750, p. 169, article 297. Party walls, p. 169, article 298. Construction of walls, p. 170, article 299. Mortar, p. 170, article 300. Brick walls, p. 170, article 301. Stone walls, p. 170, article 301. Buildings, six or more stories, p. 170, article 301. Buildings, more than eight stories, p. 170. artic e 301. Headers, stone walls, p. 170, article 302. Headers, brick walls, p. 171, article 302. Backing of all walls, p. 171, article 302. Hollow walls, p. 171, article 303. Front, rear and party walls to be anchored, p. 171, article 304. Side or party wall, how anchored, p. 172, article 305. Joists and timber, p. 172, article 306. Iron plates and anchors, p. 172, article 307. Cornices, p. 172, article 308. Chimneys and their construction, p. 173, articles 309, 310. Floors and roofs of buildings more than 32 feet in width, p. 173, article 311. Floors of residences, p. 174, article 312. Floors of stores and warehouses, p. 174, article 312. Unlawful to load floors in excess of ordinance, p. 174, ar- ticle 313. Scuttle frames and doors, p. 174, article 314. Shutters, p. 174, article 314. Fireproof material, p. 174, article 315. Beams, etc., of party walls, p. 175, article 316. Party walls to extend above roof, p. 175, article 317. Supports of buildings to be of brick, iron or stone, arti- cle 318. Gutters, p. 175, article 319. Steeple, cupola, spire or tower to be fireproof, article 320. Sleeping apartments, p. 175, article 321. Hatchways, hoistways, etc., p. 176, article 322. City Engineer to examine all buildings, p. 176, article 323. Dangerous buildings, p. 176, article 324. Expenses of demolition, p. 177, article 325. Lots to be raised, p. 177, article 326. Permit of City Engineer, p. 177, article 327. •Grade of lots. p. 177, article 328. Bond to fill, p. 177, article 329. Filling with manure, p. 394, articles 866, 867. GENERAL INDEX. 1259 Buildings — Continued. Powers of Board of Healthy p. 178, article 331. To be tilled, p. 391. article 848. Permit to build, p. 391, article 849. Sills of frame buildings, p. 178, article 332. Water supply, p. 178, article 333. Cisterns to be covered, p. 178, article 334. Chimnej's of all forges, etc., how constructed, p. 178, article 335. Debris to be removed, p. 178, article 336. Use of street and banquette, p. 179, article 337. Stoves and stovepipes, p. 179. articles 338, 340. Balcony, p. 179, article 341. Gutters across banquette, p. 180, article 342. Penalties, p. 180, articles 343, 344. Assistant City Engineers- Salary of assistants, p. 181, articles 345, 340. Engineer and assistants to enforce ordinances, p. 181, article 347. Appeal to City Council, p. 181, article 348. Buildings 70 feet high, p. 181, article 349. Stairs, p. 182, article.350. Fireproof materials, p. 182, article 351. Rules for construction, p. 182, article 352. Front steps, p. 183, article 353. Windows and shutters, p. 183, article 354. Filling of lots, p. 183, articles 355, 356. Iron shutters, p. 183, articles 357, 358. Deposit fees, p. 184, article 360. Demolition in case of fire. p. 348, article 726. Fire limits, p. 351, articles 736, 751. Obstructions on streets and sidewalks, p. 1060, articles 2797-2800. Budget (see " City Charter""). Burials and burying grounds (see "Cemeteries'"), p. 196, articles 380, 418. Bull lighting (see -'Amusements"'), p. 94, articles 104, 105. Boats for carrying off fecal matter, p. 1161, articles 3113, 3114. Bowman, E. S., lease of lot Xo. 12, West End, p. 453, articles 1067, 1068. Bruning, T., lease of lot No. 16, West End, p. 450, articles 1051- 1053. Brush, burning, p. 552, articles 1385, 1386. Brush Electric Light and Power Company, p. 279, articles 607- 615. Rights and Privileges— Burdeau, Chas. K., transfer of lease of wharves, p. 1231- article 3338. Burning brush, p. 552, articles 1385, 1386. 1260 GENERAL INDEX. Cabarets (see " Barrooms"), etc., p. 135. Cabs, carts, carriages, etc. (see •' Vehicles"), p. 1147. Cable towers (see ''Towers "), p. 1134. Camp, Coliseum and Melpomene street culvert, p. 185, article 362. Ui'lawful to ride or drive on, p. 154, article 263. Camp & Prytania Line, p. 825, articles 2197, 2232. Extension, p. 835, articles. 2233, 2303. Camp & Magazine Line, p. 825, articles 2197, 2232. Extension, p. 839, articles 2245, 2303. Canal, Metairie Road & Bayou St. John, p. 825, articles 2197, 2231. Extension, p. 853, articles 2281, 2303. Canal Street & Lake Railroad, p. 854, articles 2285-2303. Canal & Claiborne Street Railroad, specification, p. 806, articles 2168, 2171. Extension of franchise, p. 812, articles 2172-2179, Unlawful to ride or drive on. Bicycles, p. 154, article 263. Canals and Basins, Bridges and Shell Roads — Bridges — Opening of, p. 185, article 363. Penalty, p. 185, article 364. Broad street bridges, statute, p. 185. Canal, Carondelet and Bayou St. John — Landing of schooners, p. 186, article 365. Xot to land bricks, p. 186, article 366. Cargo landed in contravention of ordinances, p. 186, 367. Lumber and timber, p. 186, article 368. Place over which to haul timber, p. 186, article 369. Bayou St. John shell road — Franchise, p. 187, articles 370, 371. Authority to see, p. 187, article 372. Manner of construction, p. 187, article 373. Streams to be bridged, p. 188, article 373. Toll, p. 188, article 374. Maintenance, p. 189, article 375. When work to commence, p. 189, article 376. Security, p. 189, article 377. Annulling of contract, p. 189, article 378. Forfeiture of franchise, p. 189, article 378. Reversion, p. 189, article 379. New Basin Canal and Shell Road, statute— The appointment of superintendent, employees, etc., the the control, government and management, regu- lation for government of same, salaries of officers, employees, duties of officers, p. 190. Locks and embankments, statute, p. 195. Constitution of 1879, p. 195. GENERAL INDEX. 1261 Canal Street — Obstructions, sheds, etc., p. 130, articles 218-219. Houses of prostitution, p. 460, articles 1091-1094. Right and left roadways, p. 1065, articles 2812-2815. Creating Board of Commissioners, their appointment, etc., p. 600, articles 1520-1521. Neutral ground, p. 529, articles 1271-1273. Carcasses of animals (see ''Health, Garbage"). Car Drivers — Negligence, want of skill, p. 275, article 603. Full stop at intersections, p. 542, article 1327. Full stop crossing tracks, p. 542, article 1330. Carnival processions, obstruction of, p. 1158, article 3110. Carondelet Canal (see ''Canals,"' etc), p. 186. Carriage waj^s over banquettes, p. 1078, articles, 2772, 2874. CarroUton, New Orleans and, Railroad — Franchise and right of way, p. 785, articles 2068, 2167. Carpets, shaking in public places prohibited, p. 563, article 1437. Carts' and wagons (see "Markets, Vehicles' ), Cattle driving in certain limits, p. 103, articles 146-148. Cattle- Inspection of, p. 393, article 861. Landing of diseased, p. 393, articles 862-863. CarroUton avenue, p. 601, article 1522. CarroUton market, p. 490, articles 1229-1230. Carroll, Michael, lease of lot No. 9, West End, p. 454, articles 1070-1072. Cemeteries and Interments — Tombs, how constructed, p. 196, article, 380. Cemeteries of associations, p. 196, article 381. Removal of rubbish, p. 196, article 382. Duty of sextons, p. 196, article 383. Charges, p. 197, article 384. Tombs, vaults opened, p. 198, article 386. Reports of sextons, p. 198, article 387. Unlawful to bury in city limits, p. 198, articles 388-389. Damaging tombs, p. 198, article 390. Penalty, p. 199, article 391. Improper conduct, p. 199, article 392. Burial of bodies, p. 199, article 393. Vehicles in, p. 199, article 394. Penalty, p. 199, article 395. Burial of prisoners, p. 199, article 396. Sextons to make arrests, p. 200, article 397. Sextons to post ordinances, p. 200, article 398. Permission of Council to establish, p. '200, article 399. Duty of Sexton, p. 200, article 401. Necessary certificates, p. 201, article 402. 1262 GENERAL INDEX. Cemeteries a)id Interments — Continued. Penalty against Sextons, p. 201, article 403. Penalty to other offenders, p. 201. article 404. Duty of physicians, p. 201. article 405. Exceptions, p. 201, article 406. Duty of Recorder of Deaths, p. 201. article 407. Firemen's Cemetery, Fifth District, p. 201, articles 408-409. Holt Cemetery, p. 202, article 410. Israelite Charitable Association Cemetery, p. 202, article 411. Locust Grove Cemetery, p. 202, articles 412-413. Seventh District Cemetery, p. 203. articles 414-415. Valence Cemetery, p. 203. articles 416-417. Washington Cemetery, p. 203, article 418. Act of Legislature, p. 204. Charitable Institutions, p. 67, articles 1-78. Charity Hospital (see '-Hospitals"). Charivaris prohibited, p. 548, article 1358. Charter, City, p. 1. Chemist, City, p. 204, article 419. Chief Clerks (see "City Charter"'). Authorized to sign tax bills, p. 1101, article 2952. Chief of Police (see "Police"') p. 638. Duty as to Fire Escapes, p. 351, article 734. Chimneys. Stoves and Stovepipes (see '-Buildings'"), p. 178, article 335. Construction of discharging and arched pieces, p. 205, article 422. Flues to be lined, p. 205, article 422. Chimneys, how constructed, p. 206, article 423. Dangerous chimneys to be removed by Mayor, p. 206, article 423. Of dwellings to be properly lined, p. 206, article 424. Lining, p. 206, article 425. Inspector's duties, p. 206, article 426. Owners and builders to assist inspector, p. 207, article 427. Chimneys to be rebuilt — when, p. 207, article 428. City Engineer to keep record, p. 207, article 429. Penalties, p. 207. article 430. Of forges and factories, p. 207, 296, articles 431, 663. Chimneys to be swept, p. 207, article 432. Stoves, p. 207, article 433. Stovepipes projecting, p. -208, article 434. Stovepipes over sidewalks, p. 208, article 435. Not to annoy neighbors, p. 208, article 436. Penalty, p. 208, article 437. Xoise and smoke of factories annoying neighbors, p. 208, article 438. GENERAL INDEX. 126S Chimneys, Stoves and Stovepipes — Continued. Penalty, p. 208, article 439. Chimneys in low buildings, p. 209, article 440. Pipes through sides or roof. p. 209, article 441. Articles of Civil Code, p. 209. Certificates— burial, p. 201, article 402. Cisterns (see ''Buildings"), water supply, p. 178, article 334. Covers for, p. 209, 392, articles 442-443, 853. City Attorney (see "Attorney") p. 116, article 192-201. City Carts, printed on side of, p. 1150, article 3070. City of New Orleans (see "Xew Orleans," ''City Charter*'), p. 1. City Debt. Acceptance of city of Act Xo. 58, p. 82, articles 210-445. Issue of certificates or annexes, payable in forty years, p. 210. article 446. Outstanding coupons, p. 211, article 447. Rights of bondholders, p. 212, article 448. Board of Liquidation — Commissioners of consolidated debt to turn over books, papers, bonds, etc.. p. 212, article 450. To deposit interest fund, p. 213, article 451. To prepare bonds, p. 213, article 452. Form of bond , p. 213, article 453. By whom to be signed, p. 213, article 454. Premium Bonds — Adoption of plan, p. 213, article 455. Funding of bonds, p. 214, article 456. Time of allotting, p. 214, article 457. To advertise for bonds to be funded, p. 214, article 458. Time for presenting bonds, p. 214, article 459. Engraving bonds, p. 214, article 460. Floating debt defined, p. 215, article 461. Bonds of cities of Xew Orleans, Carrollton and Jefferson. p. 215, article 462. Ordinances of city, p. 215, articles 462-469. Acts of Legislature — Premium bonds. Act 31 of 1876, p. 217. Board of Liquidation, Act 133 of 1888, p. 222. Board of Liquidation, Act 67 of 1884, p. 225. Board of Liquidation, Act 116 of 1890, p. '227. City employees, p. 294. City Librarian, p. 461. City laws (see '' Ordinances '"), p. 573. City parks (see "Parks," etc.), p. 585. City property, p. 650. Claiborne street neutral ground, pp. 528, 540, 602, articles 1266, 1279, 1280, 1530, 1531. Claiborne Market, not to be changed, p. 482, articles 1188-1199. 1264 GENERAL INDEX. Claims against city (see "City Debt"), p. 210. Cleveland Park — Boundaries, p. 601. article 1523. Commissioners, p. 601, article 1524. Name, p. 601, article 1525. Extending boundary, p. 601, article 1526. Additional commissioners, p. 602, article 1527. Annulling lease of ground corner Tulane avenue and Clai- borne street, p. 602, article 1528. Adding same to park, p. 602, article 1529. Clerks of Committees — Applicants for privileges, p. 659, article 1718. Clerks of Council — Notarial acts, p. 156, article 274. Coal Boats (see "Wharves"'), p. 1225. Cockpits (see "Amendments"), p. 94, article 103. Coffee-houses (see "Barrooms"), p. 135. Coliseum, Camp and St. Charles street culvert, p. 185, article 362. Coliseum Square — Appointing commissioners, p. 623, article 1628. Coliseum Street Line, p. 872. articles 2336, 2339. Extension fifty years, p. 887, articles 2371, 2393. Commissioners — Of Fink estate, p. 77, articles 33-41. Of McDonogh estate, p. 85, articles 59-71 . Of Jury, p. 429. Common Council (see " City Charter "')— Limit of expenditures, p. 239, article 470. Appeal to, in buildings, p. 181, article 349. Approval of contract, p. 254, articles 530-532. To authorize contracts over $500, p. 571, article 1457. Combustibles — Petroleum — Storage and limits, p. 238, article 471. Quantity, p. 238, article 473. Enforcement of ordinance, p. 238, article 474. Penalty, p. 238, article 475. Scope of ordinance, p. 239, article 476. Interpretation, p. 239, article 477. Removal, p. 239, article 478. Gunpowder — License to sell, p. 239, article 479. Wholesale dealers, p. 240, article 480. Vessels for carrying, p. 240, article 482. Packing, p. 240, article 483. Conveyance through city, p. 240, article 484. Duty of Mayor, p. 241, article 485. GENERAL INDEX. 1265 Combustibles — Continued. Transportation in cars, p. 241, article 486. Delivery, p. 241, article 487. Penalty, p. 241, article 488. Transfer, p. 241, article 489. Hours for delivery, p. 241, article 490. Powder Magazine — Hours, p. 241, article 491. Regulations, p. 242, article 492. Delivery of powder, p. 242, article 493. Charges, p. 242, article 494. Exceptions, p. 242, article 496. Penalty, p. 242, article 496. Permit to C. B. Penrose, p. 242, article 496. Torpedoes, p. 243, article 498. Combustibles — Shavings, bonfires, etc., p. 243, article 499. Stables and dairies, p. 243, article 500. Pitch, tar and turpentine, p. 244, article 501. Hay, straw, etc., p. 244, article 502. Storing near railroad tracks, p. 997, articles 2663, 2656. Commissioner Public Works — Relative to awnings, sheds and signs, p. 128, articles 210, 219. Duties, bond and salaries, p. 246, article 504. Duties of garbage contractor, p. 376, article 777. Relative to garbage removal, p. 377, article 792. Relative to levees, p. 436, articles, 987-1008. To erect sign-boards on crossings of Melpomene and Camp street culverts, p. 605, article 1254. To erect sign-boards in parks, etc , p. 566, article 1449. Construction of street and railroad crossings, p. 705, article 1812. Charge of prisoners on works, p. 663, article 1691. To require railroads to place streets in good order, p. 706, article 1819. Streets torn up, duty of, p. 1054, article 2774. Street repairs, duty of, p. 1056, article 2776. Removal of obstructions, p. 1061, article 2797. Sidewalks, p. 1072, article 2842. To remove offensive matter, p. 1164, article 3125. To regulate landing goods, etc., on wharves, p. 1182, arti- cles, 3176, 3180. Commissioner Police and Public Buildings — Inspection of bread, p. 132, article 224. Duties, bond and salary, p. 244, article 503. To cause removal of offensive matter, p. 390, article 841. Electric light, p. 470, article 1146. 1266 GENERAL INDEX. Commissioner Police and Public Buildings— Co?ifm?. Informer to receive one-half fine. p. 389, article 837. Landing, p. 1193. articles 3223-3224. Morgan's Louisiana & Texas Railroad and Steamship Company — Right of way, p. 731. article 1907-1964. Morgue, duties of keepers, p. 509, article 1261. Morris Baths, p. 534, article 1290. Morris Park, p. 616. article 1599. Mortgages. Recorder of. p. 973. Motormen (see '"Drivers")^ See ^'Railroads," p. 696, articles 1768-1820. Approaching West End trains, p. 704, articles 1804-1805. Move On, p. 1142. article 3054. Moss, A. P., and others- Franchise for Telephone Company, p. 1128. articles 3015- 3024. Music — In barrooms, p. 136, article 243. Music saloons, p. 137, article 247. McCaleb. E. Howard, settlement with, p. 662, articles 1734-1735. McDonogh Estate (see "Almshouses,'" etc.), p. 85. articles 59-71. Names of Streets, pp. 1024, 1038, articles 2704-2707, 2710-2734. Napoleon Avenue- Board of Commissioners, p. 617. article 1600. Powers of, p. 617. article 1601. National Fire Alarm Company — Franchise and right of way, p. 337, article 707. To transmit alarms, p. 338, article 709. Nicholson, Colin J.. Fund. p. 74. Neutral Grounds — Canal Street — Grade of railroads, p. 529, article 1271. Failure to establish grade, p. 529, article 1272. Duty of City Attorney, p. 530, article 1273. Creating Board of Commissioners, their powers, du- ties, etc., p. 600, articles 1520-1521. Camp Street — Providing neutral grounds, p. 1038, articles 2708-2709. Riding on, p. 1069, articles 2835-2836. Carroll ton Avenue — Appointing commissioners, p. 601. article 1522. Claiborne Street, pp. 528-530, articles 1266-1279-1280. Providing commissioners, p. 602. articles 1530, 1531. Cleveland Park — Providing for control of. p. 601, articles 1523-1529. Delord street, p. 531, article 1281. 1296 GENERAL INDEX. Neutral Grounds — Continued. Esplanade Street — Appointing commissioners, p. 602, articles 1532-1536.. South Franklin street, p. 530, article 1274. Providing commissioners, p. 609, articles 1537-1538. Gentilly Avenue — Providing commissioners, p. 604, article 1539. Jamison Park — Providing commissioners, p. 606, articles 1546-1550. Jefferson Park — Providing commissioners, p. 606, articles 1551-1552. Louisiana Avenue — Providing commissioners, p. 606, articles 1553-1561. Napoleon Avenue — Creating Board of Commissioners, p. 617, articles 1600- 1601. Orleans Avenue — Creating Board of Commissioners, p. 618, article 1605.. Parkerson Place — Creating Board of Commissioners, p. 618, articles 1606- 1607. ■St. Charles Avenue — Riding or driving on, p. 529, articles 1267-1268. Watering troughs, p. 529, articles 1269-1270. Creating Board of Commissioners, p. 618, articles 1608-1618. St, Roche Avenue — Providing Board of Commissioners, p. 609, article 1562. Triton Walk — Providing Board of Commissioners, p. 609, articles 1563-1564. Tulane Avenue — Providing for, p. 531, articles 1282-1283. Ursulines Avenue, p. 530, articles 1275-1278. Appointing commissioners, p. 609, articles 1565-1574. General Ordinances — Hanging out clothes, shaking carpets, etc., prohibited,, p. 563, article 1437. Right and left roadways, p. 1065, article 2815. Privileges, p. 532. Newman Park — Donation accepted, p. 617, article 1602. Dedicated to park purposes, p. 617, article 1603. Appointment of commissioners, p. 617, article 1604. New Orleans — Constables" fees and costs, p. 299, articles 666-679. Urban portion of city, p. 570, article 1263. Book of sketches, p. 511, article 1264. To pay Council fees of officers, p. 571, article 1455- GENERAL INDEX. 1297 New Orleans — Continued. Acts of Louisiana- Act No. 71 of 1852. consolidating city of New Orleans, p. 512. Act No. 72 of 1852, consolidating citj- of New Orleans, p. 513. Act No. 7 of 1870, extending limits, p. 514. Act No. 71 of 1874, annexing Carrollton, p. 515. Decisions, p. 518. New Orleans Auxiliary Sanitary Association — Right to lay pipe, p. 533, article 1284. Use of certain property p. 533, articles, 1285-1288. Term of use, p. 533. article 1286. Reversion, p. 534, article 1289. Morris Baths, p. 534, articles 1290-1298. New Orleans Abattoir Company — Permission to operate, p. 992, article 2640. Bond, p. 992, article 2641. Inspection, p. 993, article 2642. Construction, p. 993, article 2643. Bone yards, p. 993, article 2644. Repealing certain ordinances, p. 993, article 2645, New Orleans & Carrollton Railroad Company — Right of way, p. 785, articles 2068-2167. Extension of franchise and specifications, p. 799, articles 2135-2167. New Orleans City & Lake Railroad — Privileges on revetment levee. West End, p. 443. article 1021. Exclusive use of levee, p. 443, article 1022. Conditions, p. 443. article 1023. Rights inside of levee, p. 444, article 1024. To keep buildings and improvements in good condition, p. 444, article 1025. Reversion to city, p. 445, article 1025. Right of way and specitications, p. 821, articles 2180-2306. New Orleans City Park Improvement Association, p. 597. arti- cles 1502-1509. New Orleans Elevator and Warehouse Company — Wharf privileges, p. 1212, articles 3280-3288. New Orleans, Fort Jackson & Grand Isle Railroad — Right of way, p. 775. articles 2034-2040. New Orleans Gas Light Company (see " Lights";, p. 366. article 768. New Orleans & Northeastern Railroad- Right of way, p. 759, articles 1985-2007. Wharf privileges, p. 1209, articles 3276-3279. 1298 GENERAL INDEX. New Orleans Pacitic Railroad Company — Right of way, p. 751, articles 1965-1984. Wharf privileges, p. 1208, articles 3274-3275. Xew Orleans Sewerage Company- Rights and privileges, p. 1001. articles 2671-2693. Xew Orleans & Southern Railroad (formerly Mississippi, Terre- aux-Beuf & Lake R. R.)— Right of way, p. 775, articles 2030-2033. Xew Orleans, Spanish Fort & Lake Railroad- Right of way, p. 906, articles 2454-2460. Xew Orleans Telephone Company — Right of way, p. 1124, articles 3000-3001. Xew Orleans & Western Railroad — Right of way, p. 778, articles 2041-2051. Xew Orleans Waterworks Company- Franchise, p. 1165, article 3126. Pressure of water, p. 1166, article 3126. Cost of fire plug and number, p. 1166, article 3126. Drought, p. 1166, article 3127, Decrease or increase of plugs, p. 1166, article 3127. Amount to be budgeted, p. 1167, article 3128. Deductions, p. 1167, article 3128. Duty of Comptroller and Treasurer, p. 1167, article 3129. Inspection, waste, p. 1168, article 3130. Xotarial act, p. 1168, article 3131. Repealing clause, p. 1168, article 3132. Police regulations, p. 1168, articles 3133-3142. Vessels in front of pipes, p. 1170, articles 3143-3144. Vessels in front of cribs, p. 1171, articles 3145-3146. Suit of Ed. Conery, Jr., et als. ; instructions to City Attor- ney, p. 1171, articles 3147-3149. City Surveyor to test water daily, p. 1172, article 3150. Resolution of Board authorizing issue of bonds, p. 1172^ article 3152. Xot to exceed $250,000, p. 1174, article 3154. Consent of counsel, p. 1175, article 3155. Mayor authorized to act, p. 1176, article 3156. Cancellation of bonds, p. il76, article 3156. Xigger shooters, unlawful to use, p. 546, article 1350. Xine hours labor, p. 294, article 653. Xoises — Factories, p. 296, article 664. Blowing police whistles, p. 546, article 1350. Drums, horns, etc., p. 547, article 1355. Indecent language, p. 547, article 1356. Disturbances, p. 547, article 1357. Charivaris, p. 548, article 1358. Drunk and disturbing the peace, p. 548, article 1360. Xormal School, statute, p. 690, GENERAL INDEX. 1299 Notary — City, relative to contracts, p. 256, article 536. City, p. 537. Transferring property without paying taxes, liable to prose- cution, p. 1103, article 2931. Nuisances — (see "Offences ''), p. 546, article 1351. Unlawful to commit, p. 548, article 1362. Wharves, p. 1163, article 3123. Numbers, house, p. 422, artixiles 936-957. Obscene literature, p. 551. articles 1378-1380. Obstructions — On levees, p. 439, articles 1003-1009. Cars on street crossings, p. 699, article 1775. On car tracks, p. 702, articles 1790-1791. Streets by I. C. R. R., p. 709, article 1829. Carnival processions, p. 1158, article 3101. On sidewalks, p. 1058, articles 2794-2796. By builders, p. 1060, articles 2797-2800. Odorless apparatus, p. 658, article 1711. For vidangeurs, p. 1160, articles 3108-3109. Oestarly, Simon, slaughterhouse, p. 996, article 2650. Offal— From boarding houses and hotels, p. 420, articles 933-935. Occupants of stalls and stands in markets, p. 479, article 1184. Vehicles to remove from their stands, p. 1155, articles 3088-3089. Offences — Disorderly acts in places of amusement, p. 90, article 82. Weapons, p. 91, articles 89-91. Burial in city limits, p. 198, articles 388-389. Dauiaging tombs, p. 198, articles 390-391. Improper conduct in cemeteries, p. 199, article 392. Drivers using violent and insulting language, p. 274, article 601. Mixing garbage, p. 372, article 772. Removal of, p. 372, article 773. Hours for removal, p. 373, article 776. Unlawful for others to remove, p. 375, article 783. Disturbing garbage cans. p. 378, articles 799-800. Committing nuisance, p. 392, articles 854-859. Resisting officers of Board of Health, p. 393, articles 858- 859. Driving on Melpomene C. and C. culvert, p. 504, article 1253. Riding on Melpomene C. and C. culvert, p. 505, article 1255. Riding or driving on C. and C. culvert, p. 505, article 1256. 1300 GENERAL INDEX. Offences — Continued. Animals- Exercising horses and cattle in certain streets, p. 537, article 1299. Washing horses on pavement, p. 537, article 1300. Penalty, p. 537, article 1301. Hitching horses, p. 537, article 1302. Xotice of violation of ordinance to be served, p. 537, article 1302. Penaltj' for continued violation, p. 538, article 1302. Driving loose horses through streets, p. 538, article 1303. Penalty, p. 538, article 1304. Driving cattle through streets, p. 538, article 1305. Separate offences, and penalty, p. 538, article 1306. Driving horses, etc., through streets, p. 539, article 1308. In charge of competent keeper, p. 539, article 1309. Prohibited streets, p. 539, article 1309. Penalty, p. 539, article 1310. Mules, horses, etc., not to rove on banquettes or streets, p. 539, article 1312. Crueltj- to animals, p. 5.39, article 1313. Duty of police, p. 540, article 1314. Vehicles — Unlawful to stand on revetment at West End, p. 540, article 1315. Penalty, p. 540, article 1316. Gongs attached to vehicles, p. 540, article 1317. Penalty, p. 540, article 1318. Illegal use of license plates, p. 541, article 1319. To be impounded, p. 541, article 1320. Penalty, p. 541, article 1321. Obstructing street cars, p. 541, article 1322. Penalty, p. 541, article 1323. Duty of police ofiicers, p. 541, article 1323. Drivers using violent and insulting language, p. 541, article 1324. Penalty, p. 541, article 1325. Parents responsible for minors, p. 542. article 1326. Crossings — Full stop at intersections, p. 542, article 1327. Penalty, p. 542, article 1328. Full stop crossing other track, p. 542, article 1329. Explosives on car tracks, p. 542, article 1330. Penalty, p. 542, article 1331. Fish, etc. — Unlawful to tish during spawning season, p. 543, arti- cle 1332. GENERAL INDEX. 1301 Offences — Continued. Penalty, p. 543, article 1333. Unlawful to haul seine, net, etc., in any lagoon or bayou, p. 543, article 1334. Eepealing clause, p. 543, article 1335. Street Signs- Defacing or injuring, p. 543, article 1336. Unlawful to remove stake or other marks of City Sur- veyor, p. 544, article 1337. Penalty, p. 544, article 1338. Sand- Unlawful to remove, p. 544, article 1339. Penalty, p. 544, article 1340. Firearms — Concealed weapons, p. 544, article 1341. Sale to minors unlawful, p. 545. article 1342. Penalty, p. 545, article 1343. Discharging in city limits, p. 545, article 1344. Limits, p. 545, article 1344. Limits Fifth District, p. 545, article 1345. Penalty, p. 546, article 1346. Repealing clause, p. 546, article 1347. Gimlet Knives, sale of, p. 546, articles 1348, 1349. Nigger Shooters, sale of, p. 5i6. article 1350. Noises, Nuisances, etc. — Unlawful blowing of police whistles, p. .546, article 1351. Penalty, p. 547, article 1352. Oysters, p. 547, article 1353. Carrying away earth, p. 547. article 1354. Drums, horns, etc., p. 547, article 1355. Indecent language, p. 547, article 13.56. Disturbances, p. 547, article 1357. Charivaris, p. 548, article 1358. Throwing flour, p. 548, article 1359. Intoxication, or disturbance of peace, p. .548, article 1360. Penalty, p. 548, article 1361. Committing nuisance, p. 548, article 1362. Protection of Police — Cursing the police, p. 548, article 1JG3. Rescuing or attempting to rescue prisoner, p. .548, article 1364. Inciting resistance to officer, p. 549, article 1365. Obstructing or interfering with officer, p. 549, article 1366. Unlawful to wear police uniform, p. 549, article 1367. Penalty, p. .549, article 1368. 1302 GENERAL INDEX. •Offences— Consumed. Other ordinances repealed, p. 549, article 1369. Damaging or destroying police uniform, p. 549, article 1370. Organ Grinders — Hours, p. 550, article 1371. Penalty, p. 550, article 1372. Indecent exposure of person, p. 550, article 1373. Penalty, p. 550, article 1375. While bathing, p. 551, article 1376. Penalty, p. 551, article 1377. Obscene Literature — Exposure, circulation, etc., p. 551, article 1378. Penalty, p. 551, article 1379. Repealing clause, p. 551, article 1380. Public property, p. 552, article 1381. Slops — House, hotel or boarding house, p. 552, article 1382. Unlawful to throw in street, p. 552, article 1383. Penalty, p. 552, article 1384. Burning brush, p. 552, article 1385. Penalty, p. 552, article 1386. Lotteries, tickets, sale of unlawful, p. 553, article 1387. Whistles, Steam — Blowing of on certain streets prohibited, p. 553, article 1389. Penalty, p. 553, article 1390. Blowing of, unlawful between certain hours, p. 554, article 1392. Trespass on another's land, p. 554, article 1393. Malicious Mischief — Injuring, breaking property, public or private, p 554, article 1396. Vacant Houses — To keep doors and entrances closed, p. 555, article 1396. Duty of police, p. 555, article 1397. Failure to comply with notice, p. 555, article 1398. :8moke consumers, p. 555, article 1399. Penalty, p. 555, article 1400. Excavating Streets — Unlawful to tear up more than three blocks of street, p. 556, article 1401. Penalty, p. 556, article 1402. Digging streets without permission, p. 556, article 1403. Every day a separate offence, p. 556, article 1404. Advertisements — Posting, painting, etc., p. 557, article 1405. Penalty, p 557, article 1406, GENERAL INDEX. 1303 Offences — Continued. Repealing Ordinance Xo. 4923, C. S., p. 557, article 1407. Permission of Major, p. 557, article 1408. Penalty, p. 657, article 1409. Repealing Ordinance No. 91, N. S., p. 557, article 1410. Throwing offensive matter in yards, etc., p. 1163, article 3124. Gambling — On streets, p. 5.58, article 1411. Penalty, p. 558, article 1412. Swinging Signs — Unlawful to erect signs or advertising boards, p. 558, article 1413. Unlawful to maintain hanging signs, p. 558, article 1414. Penalty, p. 559, article 1415. Smoking — On wharves, p. 559, article 1416. On holds or decks of vessels, p. 559, article 1417. Sign boards to be posted, p. 559, article 1418. Cotton presses and railroad platforms, p. 560, article 1419. Penalty, p. 560, article 1420. Jurisdiction of Recorders, p. 560, article 1421. Repealing clause, p. 560, article 1422. On cabins of ferryboats, p. 560, article 1423. Penalty, p. 560, article 1424. On cars, p. 561, article 1425. One-half fine to. informer, p. 561, article 1426. Repealing clause, p. 561, article 1427. Peddlers — Ringing door bells prohibited, p. 561, article 1428. Duty of Chief of Police, p. 561, article 1429. Repealing clause, p. 561, article 1430. Repealing certain ordinances, p. 562. article 1431. Defacing Poles — Posters, etc.; penalty, p. 562, article 1432. Rice Chaff, Manure — Removal through streets, p. 562, article 1433. Lamps and posts, defacing, p. 562, article 1434. Tombolas — Prohibited in vicinity of markets, p. 563, article 1435. Penalty, p. 563, article 1436. Shaking carpets, hanging clothes, etc., prohibited, p. 563, article 1437. Sales of groceries in streets, p. 553. article 1438. 1304 GENERAL INDEX. Offences — Continued. Red Lights — To exhibit where repairs are being made, p. 563, article 1439. Electric Towers — Climbing, defacing or iiguring, p. 564, article 1440. Penalty, p. 564, article 1441. Parks, Squares, etc. — Cutting, hacking, etc., property, p. 564, article 1442. Tramps, vagrants, etc., p. 564, article 1443. Public meetings, p. 565, article 1444. Artillery prohibited, p. 565, article 1445. ' Vehicles, bootblacks, etc., p. 565, article 1446. Penalty, p. 565, article 1447. Molesting plants or other articles, p. 565, article 1448. Commissioner of Police and Public Buildings to post signs, p. 566, article 1449. Banana and Orange Peelings — Fruit peelings, p. 566, article 1450. Penalty, p. 536, article 1451. Police to arrest for violations, p. 5;i8, article 1452. Grass — On sidewalks or gutters, p. 566, article 1453. Penalty, p. 566, article 1454. Obstructing and interfering with sewerage, p. 1008, article 2686. Decisions of Supreme Court, p. 567. Official Journal — To contract with lowest bidder, p. 572, article 1461. Publication of bid, p. 573, article 1462. Publications in official journal only, p. 573, article 1465. Approval of finance committee, p. 573, article 1464. Advertisements after the hour. p. 573, article 1465. Prescription, statute, p. 647. Officers and Employees — Extortion in office defined, statute, p. 569. Deadheads unlawful, statute, p. 569. Punishment, statute, p. 570. Contracts to be let to lowest bidder, p. 570. Estimates by heads of departments, p. 570. Personal attendance to duties, p. 571. Counsel fees of officers to be paid by city, p. 571, article 1455. To visit public institutions, p. 571, article 1456. Contracts over $500 without authority, p. 571, article 1457. Bonds to be completed before issue of warrants, p. 571, article 1458. Bonds to be furnished within two weeks, p. 571 , article 1459. Condition of bonds, p. 572, article 1460. GENERAL INDEX. 1305 One-twellth rule, p. 110, article 170. Opening streets, p. 1052, articles 2766-2772. Opium — Sale of, p. 576, articles 1476-1477. Joints, p. 577, article 1478. Orange peelings, thrown on sidewalks, p. 566, articles 1450-1452. Ordinances — Copies of ordinances to be sent the Mayor, p. 503, article 1246. Compilation of, p. 573, article 1466. Passage of, p. 574, article 1467. Must receive vote of a majority of the members of Council and ayes and nays called, p. 574, article 1468. Approval of, p. 574, article 1469. Publication of, p. 574, article 1470. Private ordinances, parties interested to pay cost of print- ing, p. 575, article 1471. Xame, p. 575, article 1472. Cost of publication, p. 575, article 1473. Ordinances amending or repealing, must contain subject matter of ordinance amended or repealed, p. 575, article 1475. Decisions, p. 576. Organ Grinders, p. .550. articles 1371-1372. Organization — Of Hre Department, statute, p. 340. Of different departments, p. 577, articles 1479-1481, Orleans Lev^e Board, statute — Creating Orleans Levee District, p. 432. Board of Commissioners and their appointment, p. 432, Domicile of board, p. 432. ' Meetings, p. 432. Powers and duties of officers, p. 433, Removal of members of board, p. 433. Taxes, p. 433. Funds deposited with State Treasurer, p. 433. Approval of State Board of Engineers, p. 434. Special officers, p. 434. Emergency cases, p. 434. City Surveyor to be Chief Engineer, p. 434. Expropriation of lands, p. 434. Act amending powers and duties of board, p. 435. Orleans avenue — Appointment of Board of Commissioners, p. 618, article 1605. Orleans Railroad Company — Right of way. p. 893. articles 2394-2409. Extension of franchise, p. 898, articles 2410-24.53. 1306 GENERAL INDEX. Orlopp, M. A. Jr. — Acceptance of bid, p. 262, articles 558-559. Orphans (^see "Alrasliouses," etc.), p. 67, articles 1-78. Repealing certain ordinances, p. 583, article 1482. Ovens and Icilns, p. 583. Overloading animals, penalty for, p. 1150, article 3068. Oysters — Sale in markets prohibited, p. 478, article 1178. Piling on sidewalks prohibited, p. 547, article 1353 Parish Prison, p. 650— Construction, p. 258, article 547. Parks, Squares and Neutral Grounds — Shaking carpets in, prohibited, p. 563, article 1437. Cutting, hacking, etc.. property in, p. 564, article 1442. Tramps, vagrants, etc.. p. 564, article 1443. Public meetings prohibited in, p. 565, article 1444. Artillery prohibited in. p. 565, article 1445. Vehicles, bootblacks, etc., p. 565, article 1446. Molesting plants or other articles, p. 565, article 1448. ■Commissioner of Police and Public Buildings to post signs, p. 566, article 1449. Act 84 of 1870. E. S., establishing public park, p. 585. Act 87 of 1877, E. S., abolishing Board of Park Commis- sioners, p. 588. Administrator of Police, control of. p. 589. article 1483. Audubon Park — Board of Commissioners, their powers, duties, etc., p. 589, articles 1486-1499. Sugar Experimental Station, p. 594, articles 1500-1501. Lower City Park — Government, management, directors, etc.. p. 597, articles 1502-1509. Annunciation Park, p. 598, article 1510. Beauregard Square, p. 598, articles 1511-1519. Canal street neutral ground, p. 600, articles 1520-1521. Carrollton avenue neutral ground, p. 601, article 1522. Cleveland Park, p. 601, articles 1523-1529. Claiborne street neutral ground, p. 602, articles 1530-1531. Esplanade street neutral ground, p. 602, articles 1532-1536. South Franklin street neutral ground, p. 603, articles 1537- 1538. Gentilly avenue neutral ground, p. 604, article 1539. Jackson Square, p. 604, articles 1540-1545. Jamison Park, p. 606, articles 1546-1550. Jefferson Park, p. 606, articles 1551-1552. Louisiana avenue neutral ground, p. 606, articles 1553-1561. St. Roche avenue neutral ground, p. 609, article 1562. GENERAL INDEX. 1307 Parks, Squares and Neutral Grounds — Continued. Triton Walk neutral ground, p. 609, articles 1563-1664. Ursulines avenue neutral ground, p. 609, articles 1565-1574. Lee Place, p. 611, articles 1575-1577. Liberty Place, p. 612, articles 1578-1580. Macarthy Square, p. 613, article 1581. Margaret Place, p. 613, articles 1582-1593. • Metairie Park, p. 615, articles 1594-1598. Morris Park. p. 616, article 1599. Napoleon avenue, p. 617, articles 1600-1601. Newman Park, p. 617, articles 1602-1604. •Orleans avenue neutral ground, p. 618, article 1605. Parkerson Place, p. 618, articles 1606-1607. St. Charles avenue, p. 618, articles 1608-1618. Sugar Exchange Park, p. 621. articles 1619-1621. Tulane Park, p. 622, articles 1622-1627. Coliseum Square, p. 623, article 1628. Washington Square, p. 623, article 1628. Lafayette Square, p. 624, articles 1629-1630. St. Bernard Square, p. 624, article 1631. Decisions, p. 624. Parkerson Place — Dedication, p. 678, article 1606. Appointment of commissioners, p. 678, article 1607. Passage ways (see " Buildings '") p. 179, article 337. Paupers (see •• Vagrants "). Each parish to support its own. p. 624. Pavements — Streets, p. 1055, articles 2778-2793. Sidewalks, p. 1075, article 2860-2864. Contracts to begin when, p. 253, article 521. Peddling — Fish, crabs or shrimp, unlawful, p. 394, articles 869-870. Prohibited in markets, p. 479, article 1182. Ringing doorbells prohibited, p. 561, article 1428. Unlawful from cars or at depots, p. 699, article 1777. Unlawful from platforms, etc., of railroads, p. 699, articles 1778-1779. Peelings, fruit, throwing on sidewalks, p. 566, article 1450. People's Slaughterhouse and Refrigerating Company — Franchises and privileges, p. 994. articles 2646-2649. Persons- Idle (see "Vagrants"), p. 1142. Insane, p. 74. Care and treatment of insane, p. 426, articles 964-965. Personal attendance at office, p. 571. Petroleum, p. 238, articles 471-478. 1308 GENERAL INDEX. Pettit, Geo. S., lease Sixth and Seventh District wharves, p. 1233, article 3344. Transfer to Jas. Sweeney, p. 1233, article 3345. Physician (see "Medicine") — In case of death, duty of, p. 201 , articles 405-406. To report contagious diseases, p. 399. article 891. Regulating practice, p. 506. Physician, City, p. 696. Pickeries, cotton, erection of. p. 625. article 1632. Pigeons, p. 107, articles 166-167. Pilings, street, p. 373. article 775. Street, p. 1066, articles 2821-2822. Pilots, p. 625. Pipes, stand, in case of fire. p. 350. article 731. Pipes and connections, privileges, p. 626. Pitch, p. 244, article 501. Plants, unlawful to molest, p. 565, article 1448. Poisons- Sale of, pp. 385-631, articles 820-1633. Patent medicine, p. 631. article 1634. Record of sales, p. 631, article 1635. Penalty, p. 631, article 1636. Poles — Electric light, p. 407, articles 1128-1135. Defacing with posters, etc., p. 562. article 1432. To be removed from Jamison Park, p. 606. articles 1549- 1550. Foot cleats, p. 632, articles 1637-1639. Permission of Council, p. 632, article 1640. Erection of electric light, p. 632. articles 1643-1648. Erection of telephone, p. 634, articles 1649-1657. Erection of telegraph, p. 636, articles 1658-1 «65. Police— At theatres and public exhibitions, p. 90, article 85. At theatres and public exhibitions, their number, p. 92 articles 94-95. Right to enter, p. 92, article 96. Enforcing ordinance, p. 92, article 92. Balls, p. 94, article 102. Theatres, diagrams, p. 97, article 112. Dog wagon, p. 99, article 125. Goats, p. 102, article 139. Cattle driven in certain limits, p. 103. article 148. Society for Prevention of Cruelty to Animals, p. 109. Awning, sheds, etc., obstructing lights, p. 128, article 209. Saloons, p. 136, articles 243-244. Sale of liquor to minors, p. 138, article 253. Bonds of, executed before whom, p. 156, article 265. GENERAL INDEX. 1309 Police — Continued. Court officers, p. 257. articles 543-546. Headqaarters, construction, p. 258, article 547. Duty during flres. p. 348. article 723. Buildings in fire limits, p. 354, article 746. Lewd women, regulate, p. 457. articles 1074-1095. Licenses, duty of, p. 465, article 1114. To report business firms when ordered, p. 504, article 1252. Whistles, unlawful to blow, p. 546, article 1351. Cursing police, p. 548, article 1363. Rescuing or attempting to rescue prisoners from, p. 548, article 1364. Inciting resistance to, p. 549, article 1365. Obstructing or interfering with. p. 549, article 3366. Unlawful to wear uniforms, p. 549. article 1367. Damaging or destroying uniform, p. 549, article 1370. Throwing fruit peelings on walks, p. 566, article 1452. ^, To assist pound keepers, p. 668, article 1750. For Recorders' Courts, p. 970, Second-hand stores, p. 990, articles 2632-2638. To repoit obstructions by builders, p. 1062. article 2800. To report violations of sidewalk ordinances, p. 1073. ar- ticle 2851. To arrest vagrants and idle persons, p. 1139, articles 3048- 3055. "Move on'* Ordinance, p. 1142, article 3054. To arrest vehicle without light, p. 1148, article 3064. To strictly enforce ordinance on vehicles, p. 1154, article 3086. Interference with plug of Waterworks Company, p. 1168, articles 3133-3142. Police Board — Creating Board of Commissioners, p. 638. Election, term of office, vacancies, p. 638. Qualifications of members, p. 638. Meetings of Board, p. 638. Mayor to preside, p. 638. To elect president pro tern., p. 638. Oath of office, p. 638. Organization, p. 639. Powers and duties of, p. 639, Officers and members of force to hold office during good behavior, p. 639. \ p. 1078, article 2874. Private drains, p. 1078, article 2875. Penalty, p. 1078. article 2876. Signs — Swinging, p. 129, articles 214-216. Barrooms, p. 136, article 239. In markets, p. 476, article 1167. Defacing or injury to street signs, p. 543, article 1336. Swinging, unlawful, p. 558, articles, 1413-1415. Signals — Steam railroad at street intersections, p. 696, articles 1768- 1770. Whistles, unlawful in certain limits, p. 698, article 1774. Electric, p. 700, article 1782. Sixth Street Market, p. 492. articles 1238-1239. Slaughterhouses — Cleanliness, p. 390. article 842. Permission to operate in Sixth and Seventh Districts, p. 991, article 2639. New Orleans Abattoir Company, p. 992, articles 2640-2645. People's Slaughterhouse and Refrigerating Company, p. 994. articles 2646-2649. Simon Oestarly, p. 996, article 2650. Decisions, p. 996. Slops — From boarding houses and hotels, p. 420, articles 933-935. Emptying in street from galleries, etc., p. 552, article 1382. Unlawful to throw in street, p. 552, article 1383. Small-pox. p. 402, articles 900-921. Smoke Consumers — Using bituminous coal, p. 555, articles 1399-1400. Using bituminous coal, p. 998, articles 2659-2660. Steam engines, etc.. p. 1011. articles 2699-2703. Smoking — Prohibited on wharves, p. 559, article 1416. Prohibited in holds or on decks of vessels, p. 559, article 1417. Prohibited in cotton presses, p. 560, article 1419. Prohibited on railroad platforms, p. 560, article 1419. Prohibited in cabins of ferryboats, p. 560, article 1423. Prohibited on cars, p. 561, article 1425. Half of fine to informer, p. 561, article 1426. GENERAL INDEX. 1325 Smoke Nuisance — Factories, etc., p. 296. article 664. Vessels, tugboats, p. 997, article 2651. Railroads, p. 997, article 2652. Soap boilers, offensive matter, p. 386, article 821. Southern Yacht Club — Removal, p. 1162, article 3121. Xot affected by Ordinance Xo. 7142. A. S., p. 446, article 1033. Mooring place, p. 447, articles 1035-1036. Term of grant, p. 447, article 1037. Reservation by city, p. 448, articles 1038-1039. Repealing clause, p. 448, article 1040. Southwestern Brush Electric Light Company, p. 279, articles 607- 615. Spark Arresters — Vessels, tugboats, etc., p. 997, article 2651. Railroads, p. 997, article 2652. Electric light companies, p. 998, articles 2657-2658. Sparrows, p. 106, article 165. Speed — Steam railroads along river front, p. 698, article 1772. Steam railroads in city, p. 698, article 1774. Street railroads at Canal street crossings, p. 701. article 1786. Illinois Central Railroad, p. 709, article 1832. Louisville & Nashville Railroad, p. 722, article 1884. Squatters, their removal, p. 440, article 1009. Stables and Dairies — Combustibles, p. 243. article 500. Cleanliness, p. 390, article 842. Limits, p. 998. articles 2661-2662. Permission of Council, p. 999, article 2663. Sanitary condition, p. 999, article 2664. Penalty, p. 1000, article 2665. Additional offences, p. 1000, article 2666. Duty of Commissioner of Police and Public Buildings, p. 1000, article 2667. Repealing certain ordinances, p. 1000, article 2668. Petition to state whether private or public, p. 1000, article 2669. Privileges revoked, p. 1000. article 2670. Decisions, p. 1000. Stairs (see '-Buildings"), p. 182, article 350. Stalls (see - Markets "), p. 394. Stands, Tables, etc. — . In markets, p. 478, article 1175. On sidewalks, p. 1059, articles 2794-2793'. 1326 GENERAL INDEX. Stands and stations for vehicles, p. 1152, articles 3078-3082. Stay of proceedings, taxes, p. 1110. article 2967. Steam Engines and Boilers — Permission of Council, p. 1011, article 2694. Construction, p. 1011, article 2695. Consent of property owners, p. 1011, article 2696. Penalty, p. 1011. article 2697. Repealing certain ordinances, p. 1011, article 2698. Smoke consumers, p. 1011, article 2699. Existing steam plants to comply, p, 1012. article 2700. Duty of City Engineer, p. 1012. article 2701. Penalty, p. 1012. article 2702. Repealing clause, p. 1012, article 2703. Privileges, p. 1012. Steamboats (see •• Wharves"), p. 1225. Steamships (see ••Wharves*"), p. 12*25. Steam Whistles, unlawful blowing of, p. 553, articles 1389-1392. Steps, front (see •• Buildings"), p. 183, article 353. Stolen Goods, p. 991. articles 2636-2637. Storage of Sugar and Molasses, p. 1089, article 2885. Stoves and Stovepipes, p. 207, articles 433-441. St. Bernard Square, p. 6-24. article 1631. St. Charles Avenue — Xeutral ground, p. 529. articles 1267-1270. Board of Commissioners, p. 618. article 1608. Terms of ottice, p. 618. article 1609. Powers and duties, p. 619, article 1610. Interest in contracts by commissioners, p. 619, article 1611. Revenues, p. 619. article 1612. Penalties, p. 6-20. article 1613. Control to revert to Commissioners of Audubon Park, p. 620. article 1614. Throwing or placing rubbish on street, p. 620. article 1615. Penalty, p. 6^20, article 1616. Repairs by Carrollton Railroad, p. 621. article 1617. Repealing clause, p. 621. article 1618. Right and left roadways, p. 1064. articles 2809-2812. St. Charles Street Railroad Company — Right of way and specifications, p. 911. articles 2461-2486. Electric franchise, p. 918, articles 2487-2490, Specifications, p. 952. St. Mary's Market- Repealing ordinances establishing same as wholesale fruit and vegetable market, p. 486. article 1211. Setting aside one-half of same for that purpose, p. 487, article 1212. Public market to be built, p. 487. articles 1213-1215. GENERAL INDEX. 1327 St. Roche Avenue — Appointing commissioners, p. 609, article 1562. Straw, p. 244, article 502. Street pilings, p. 373. article 775. Streets — Use of, p. 179, article .337. Removal of pilings, p. 373, article 775. Defacing and injuring signs on. p. 543, article 1336. Carrying away earth, p. 547. article 1354. Unlawful to tear up more than three blocks, p. 556, arti- cles 1401-1402. Digging without permission, p. .556, articles 1403-1404. Hanging clothes out on. shaking carpets, etc.. prohibited, p. 563, article 1437. Sale of groceries in. prohibited, p. 563, article 1438. Damage to, by roving animals, etc., p. 666. article 1744. Obstructing crossings, p. 699, article 1775. Railroads to replace streets in good condition, p. 706. arti- cle 1890. Regulating placing of names on. p. 1024, articles 2704- 2705. Change of names, p. 1024, articles 2706-2707. Neutral ground Camp street, p. 1038, articles 2708-2709. Xames from Canal street up and Canal street down to be same, p. 1038. article 2710. Change of names of certain streets. First and Fourth Dis- tricts, p. 1038. article 2711. Change of names. Second and Third Districts, p. 1041, arti- cle 2716. Change of names. First District, p. 1042, article 2717. Change of names of certain streets. Third and First Districts, p. 1043, articles 2718-2720. North and south prefixes, p. 1043. articles 2721-2722. Change of names of certain streets, p. 1044, articles 2723- 2734. Lines of certain streets, p. 1046. articles 2735-2738. Alignment of certain streets, p. 1047, articles 2739-2765. Opening of certain streets, p. 1052, articles 2766-2772. Duty of police to report violations, p. 1062. article 2800. Orading and Drainage of Gutters — Regrading of gutters, p. 1062, article 2801. Curbing, etc., on certain streets, p. 1062. articles 2802- 2803. Material of new work, p. 1062. article 2804. Wood curbing, p. 1063, article 2805. Property holders' discretion, p. 1063, article 2805. To be renewed with stone, etc., p. 1063, article 2805. Disposal of tine, p. 1063, article 2806. 1328 GENFRAL INDEX. Streets — Continued. Right of Way- Hospital ambulance, p. 1064, article 2807. Rate of speed, p. 1064, article 2808. Right and Left Roadways— St. Charles avenue, p. 1064, article 2809. Penalty, p. 1064, article 2810. Notice to be posted, p. 1065, article 2811. Canal street, p. 1065. article 2812. Penalty, p. 1065. article 2813. Notices to be posted, p. 1065, article 2814. Streets having Neutral Grounds, p. 1065, article 2815, Unlawful to ride or drive, except to, p. 1065, article 2816. Penalty, p. 1065, article 2817. Poydras street, p. 1066, article 2818. Unlawful for vehicles without springs to drive on certain streets, p. 1066, articles 2819-2820. Street pilings, p. 1066, article 2821. Penalty, p. 1066, article 2822. Dumping grounds, p. 1067, article 2823. Street scrapings, etc., p. 1067, article 2824. Penalty, p. 1067, article 2825. Obstructions of — Depositing goods, etc.. on, p. 1058, article 2794. Stands on sidewalks, p. 1059, article 2794. Advertising boards, p. 1059, article 2795. Penalty, p. 1060, article 2795. Unclaimed goods, p. 1060, article 2796. Buildings, repairing, erecting, etc., p. 1060, article 2797. Duty of Commissioner of Public Works, p. 1061, ar- ticle 2797. Builders to remove stone, brick, mortar, etc., p. 1061 ^ article 2798. Debris to be removed by Department of Improvements^ p. 1061, article 2799. Repealing clause, p. 1068, article 2826. Trees — May be planted when, p. 1068, article 2827, Penalty for cutting, breaking, etc., p. 106«, article 2828, Unlawful to replant on banquettes, p, 1068, article 2829. Permission to cut trees on Canal street, p. 1068, article 2830. Repealing clause, p, 1068, article 2831, Vehicles to move for cleaning, p, 11.54, article 3083. Sidewalks, p, 1069, articles 2832-2867. GENERAL INDEX. 1329 Streets — Continued. ' - Obstructing gutters, p. 1077, articles 2868-2876. Mayor authorized to remove obstruction closing streets, statute, p. 1079. Unlawful to tear up streets at certain periods of the \-ear. statute, p. 1079. Decisions, p. 1080. Street Improvements — Streets not to be torn up longer than twenty days. p. 1054, article 2773. Duty of Administrator of Improvements to have streets properly repaired, p. 1054, article 2774. Failure to make repairs after notification, p. 1055, article 2775. Duty of Administrator of Improvements, p. 1055. article 2776. Repealing clause, p. 1055. article 2777. Cost of petition for street or sidewalk improvements, p. 1055. article 2778. Henry Clay avenue, p. 1055, articles 2779-2780. Standard of vitrified brick, p. 1056. articles 2781-2782. Property holder to designate kind of pavement, p. 1056. article 2783. Specitications for gravel, p. 1057. articles 2784-2785. Washington avenue, p. 1057. articles 2786-2789. Paving Decatur street, p. 1058, articles 2790-2791. Intersection across St. Charles avenue, p. 1058, articles 2792-2793. Subrogation of city's liens and mortgages, p. 1133, article 3025. Sugar Exchange Park — Boundaries, commissioners, powers, etc.. p. 621. articles 1619 1621. Sugar Experimental Station- Terms of agreement, p. 594. article 1500. Sugar and molasses landing, p. 1193. articles 3223-3224. Sugar Sheds — Appraisement, p. 1087. article 2878. Indebtedness to city. p. 1087, article 2878. Comptroller to advertise, p. 1088. article 2880. Deposit, p. 1088, article 2881 . Agreement, p. 1088, article 2882. Additions and alterations, p. 1089. article 2883. Charges, p. 1089. article 2884. Storage of goods, p. 1089. article 2885. Sugar and molasses, preference, p. 1089. article 2886. Bond, p. 1089, article 2887. Payments, p. 1090. article 2888. Insurance, p. 1090. article 2889. 1330 GENERAL^ INDEX. Sugar Sheds — Continued. Reversion to city, p. 1090, article 2890. To defend all suits against ^ity, p. 1090, article 2891. Grant to D. B. Fleitas, p. 1091, article 2893. Conditions of grant, p. 1091^ article 2894. Privileges, p. 1093, article 5j895. Consent of owners, p. 1093, article 2896. Number of sheds, p. 1094, article 2897. Security, p. 1094, article 2898. Wharfinger to enforce ordinance, p. ]094, article 2899. Distance from wharf, p. 1094, article 2900. Opening street, p. 1094, article 2901. Contract and Specifications — Notarial act, p. 1095, article 2902. Term of grant, p. 1095, article 2903. Conditions, p. 1096, articles 2904-2908. Charges, p. 1096, article 2904. Obligations of contractor, p. 1097, article 2909. Superintendent of Education, p. 690. Decisions, statute, p. 678. Superintendent of Police, statute, p. 642. Supervisor of Registration, p. 974. Sureties — To possess real estate, p. 156, article 267. On contracts to possess real estate, p. 253, article 520. Surgery (see "Medicine,'" etc.), p. 506. Surveyor, City — City Engineer, p. 1098. Duties and salary, p. 1098, article 2910. Deputy Surveyors — Their duties and compensation, p. 1098, article 2911. Copies of surveys to be filed in oftice, p. 1099, article 2912. Supervision of Surveyor, p. 1099, article 2913. Surveyor to report failures of deputies to comply with ordinance, p. 1099, article 2914. Specifications to embody license clause, p. 1099, article 2915. Surveys and maps, city property, p. 1100, article 2917. Surveys Sixth Municipal District, p. 1100, article 2918. To test water of New Orleans Waterworks Company, p. 1172, article 3150. Duty and salary of, p. 181, articles 345-347. Approval of contracts, p. 254, article 522. Drainage, and his duties, p. 266, articles 570-585. Advisors or consulting engineers, p. 269, article 586. House numbering, p. 422, article 956. Duties Orleans Levee Board, p. 434. GENERAL INDEX. 1331 Surveyor, City — Continued. Protection of levees, p. 436, article 1000. West End levees, p. 445, article 1030. To inspect storage o} lime, p. 472, article 1156. Smoke consumers, p 1012, article 2701. Surveys and maps, city proper y, p. 1100, article 2917. Swallows, p. 106, article 161. Swamp Lands, p. 661, article 1725. Sweeney, Jas., transfer of lease of wharves, p. 1233, article 3345. Swinging signs, p. .558, articles 1413-1415. Switch Tracks- Privileges forfeited in sixty days. p. 951, article 2607. Must be constructed within sixty days, p. 951, article 2608. Plans and specifications to be submitted, p. 951, article 2609. To plank between tracks, p. 951, article 2612. Privileges, p. 961. Tables, stands in markets, p. 478, article 1175. Tags— For dogs, p. 98. article 120. Counterfeiting, p. 99, article 121. Renewing, p. 99, article 122. Redemption, p. 100. article 127. Tombolas- Prohibited in vicinity of market, p. 563, articles 1435-1436. Tanneries, p. 296, articles 661-665. Tar. p. 244, article 498. Taxation — Property subject to, p. 1 10, article 169. Property purchased by city for, p. 661, article 1728. Comptroller to sell property, p. 661, article 1731. Reference to article Constitution, p. 1100. Reference to City Charter, p. 1101. Taxing power, p. 1101, article 2919. Tax Mortgage Bureau — Duty of City Treasurer, p. 1101, article 2920. Assistants, p. 1101, article 2921. Duty of chief clerk and assistants, p. 1101, article 2922. Salaries, p. IIOJ, article 2923. Books, p. 1102. article 2924. Collections, p. 1102, article 2925. Seizures, p. 1102, article 2926. Bids must equal taxes, p. 1102. article 2927. Possession by city, p. 1103, article 2928. Duty of Comptroller, p. 1103, article 2929. Interest on taxes, p. 1103, article 2930. Transfer of property, p. 1103, article 2931. Errors, p. 1103, article 2932. Repealing clause, p. 1104, article 2933. 1332 GENERAL INDEX. Taxation — Continued. Tax sales, p. 1104, article 2934. Fees and charges, p. 1104. article 2935. Repealing clause, p. 1104, article 2936. Personal Tax Bureau — Separate tax bills, p. 1105, article 2937. Two assistant city attorneys, p. 1105, article 2938. Clerks and keeper, p. 1105, article 2938. Duty of City Attorney, p. 1105. article 2939. Duty of Comptroller and Treasurer, p. 1106. artic 2940. Expenses, p. 1106, article 2941. Real and personal taxes, p. 1106, article 2942. Costs, p. 1106, article 2943. Redemption fee, p. 1106, article 2944. Remission of interest, p. 1106. article 2945. Petitions, p. 1106. article 2946. Duty of City Treasurer, p. 1106. article 2947. Existing ordinances, p. 1107, article 2948. Duty of Comptroller to report all tax researches, p. 1107, article 2948. Property bought for taxes, p. 1107, article 2949. Taxes prior to 1869, p. 1107, article 2950. Certificates and releases, p. 1107. article 2951. Chief clerk authorized to sign. p. 1107, article 2952. Charges, p. 1107, article 2953. Daily returns, p. 1108, article 2954. Repealing clause, p. 1108, article 2955. Amending Ord. No. 4002, C. S.. p. 1108, article 2956. Budget committee authorized to adjust certain taxes, p 1108, article 2957. Insurance, p. 1108, article 2958. Possession of property, p. 1108, article 2959. Repealing Ord. No. 4610, C. S., p. 1109, article 2960. Delinquent tax account, p. 1109. article 2961. Ordinances remitting taxes null after certain time, p. 1109, article 2962. Committee No. 3 to settle taxes, p. 1109, article 2963. Taxes prior to 1890, p. 1109, article 2965. Treasurer. Mayor and Chairman of Budget Committee authorized to settle taxes, p. 1110, article 2966. .Stay of proceedings, p. 1110, article 2967. Board of Liquidation to enforce payment of taxes prior to 1879, p. 1110. article 2968. Decisions, p. 1110. Tchoupitoulas & New Levee Street Line Railroad — Right of way, p. 861, articles 2310-2331. Extension of fifty years, p. 885, articles 2367-2393. GENERAL INDEX. 1333 Teachers — To prevent spread of contagious diseases, p. 397. articles 880-894. Providing for payment of back pay, p. G72. articles 1764- 1767. Appointments, etc., statute, p. 689. Telegraph Companies — Erection of poles, p. 636, articles 1658-1665. American Union Telegraph Company, p. 1115, articles 2969-2971. Atlantic and Pacitic Telegraph Company, p. 1116. article 2972. Baltimore and Ohio Telegraph Company, p. 1116. articles 2973-2981. Chas. E. Black and associates, p. 1119, articles 2982-2996. Postal Telegraph Company, p. 1122, articles 2997-2999. Telephone Companies — Connection with Fire Department, p. 346, article 717. Erection of poles, p. 634, articles 1649-1657. S. P. Walmsley and associates, p. 1124. articles 3002-3012. Xew Orleans Telephone Company, p. 1124, articles 3000- 3001. A. P. Moss and others, p. 1128, articles 3015-3024. Great Southern Telephone and Telegraph Company, p. 1127, articles 3013-3014. Acts of Legislature, p. 1131. Revised Statutes. Right of way, p, 1131. Duty of Telegraph Company to transmit message, p. 1131. Penalty for failure to do so, p. 1132. Penalty for injuring telephone lines, p. 1132. Penalty for failing or refusing to send messages, p. 1132. Messages defeating ends of justice, p. 1132. Texas & Pacitic Railroad Company — Right of way, p. 751. articles 1965-1984. Wharf privileges, p. 1208, articles 3274-3275. Theatres (see "Amusements '') — Diagram of exits to be printed, p. 96, article 110. Penalty, p. 97, article 111. Duty of police, p. 97, article 112. J^alse alarms in, p. 298, article 671. Tivoli Circle, name changed to Lee, p. 611, article 1575. Topographical survey, p. 266, articles 574-579. Torpedoes, p. 243, article 498. Touts, statute, p. 120. Towers, Cable- Electric lights, p. 471, article 1147. Cliinbing, injuring, defacing, p. 0(34 articles 1440-1441. 1334 GENERAL INDEX. Towers. Cable — Contimted. Franchise, p. 1134, article 3031. Construction, p. 1135, article 3032. Location, p. 1135, article 3033. Divided into sections and charges, p. 1135, article 3034. Trunk lines, p. 1136, article 3035. Commencement and completion, p. 1136, article 3035. Removal of posts, p. 1136, article 3036. Wires to be removed to, p. 1136, articles 3037-3038. Use of towers without consent prohibited, p. 1137, article 3039. Duty of police, p. 1137, article 3040. Amount to be paid to city, p. 1137, article 3041. Water pipes, p. 1138, article 3041. Organization of stock company, p. 1138, article 3042. Access to books by City Treasurer, p. 1138, article 3043. Bond. p. 1138, article 3044. City to be held harmless, p. 1138, article 3045, Lights on towers, p. 1139, article 3046. Mayor to contract, p. 1139, article 3047. Other ordinances, p. 1139. Tramps (see ''Vagrants"), p. 564, article 1443. In squares, parks, etc., p. 564, article 1443. Transfers, p. 294, articles 652-657. Transfer of property by notaries, unless taxes are paid, pro- hibited, p. 1103, article 2931. Transportation of Merchandise — Refused by vehicles, p. 1149, article 3066. Treasurer — To make list of property purchased for taxes, p. 662. article 1730. Ex-officio member of School Board, p. 691. Ex-officio Treasurer of School Board, p. 691. Tax mortgage office, duty of, p. 1101, article 2920. Personal tax bureau, duty of, p. 1106, article 2940. Ordinances remitting interest, dutj- of, p. 1107, article 2947. Subrogation of city's liens and mortgages, duty of. p. 1133. article 3025. Property purchased by citj- for taxes, duty of, p. 1133, article 3026. Costs, penalties, etc., p. 1133, article 3027. Property adjudicated to city, duty of, p. 1134, article 3028. Poll tax, collection by, statute, p. 1134. Access to books of Cable Towers Company, p. 1138, article 3043. To set aside funds of Waterworks Company, p. 1167, article 3129. GENERAL INDEX. 1335 Trees— Where planted, p. 1068, article 2827. Penalty for cutting, etc., p. 1068, article 2828. Replanting on banquettes prohibited, p. 1068, article 2829. Permission to Canal & Claiborne Railroad Company to cut on Canal street, p. 1068, articles 2830-2831. Trespass, on another's lands, p. 554, article 1393. Triton Walk- Appointing board of commissioners, p. 609, article 1563. Powers of commissioners, p. 609. article 1564. Trust Funds, p. 72, articles 32-78. Tubs, covered, in markets, p. 478, article 1175. Tulane Avenue — Creating neutral ground, p. 531, articles 1282-1283. Tulane Park — Boundaries and Commissioners, p. 622, article 1622. Lines and levels, p. 622, article 1623. Amending Ordinance No. 744, C. S., p. 622, article 1625. Appointment of Commissioners, p. 622, article 1626. Plans approved, p. 623, article 1627. Tunisburg & Jefferson Railroad- Right of way, p. 919, articles 2491-2525. Touro Almshouse, p. 70, articles 20-22 . . Turpentine, p. 244, article 501. Unknown Property, p. 660, article 1721. United States Courts- Disturbing, etc., p. 1158, articles 3102-3103. United States Prisoners, p. 651. United States Soldiers — Sale of liquor to, p. 136, article 242. Ursuline Avenue — Neutral grounds, p. 530, articles 1275-1278. Management and control, p. 619, articles 1565-1574. Vacancies — Fire Commissioners, statute, p. 340. School Board, statute, p. 687. City officers, statute, p. 1139. Vacant Houses (see "Offences"), p. 555, articles 1396-1398. Vagabonds and Rogues, p. 1144, article 3055. Vagrants and Idle Persons — Definition of, p. 1139, article 3048. Police to make arrests, p. 1140, article 3048. Penalty, p. 1141, article 3048. Harboring burglars, thieves, etc., p. 1141, article 3049. Lounging in public parks, p. 564, article 1443. 1336 GENERAL INDEX, Vagrants and Idle Persons — Continued. Juvenile — Deflnition. p. 1141. article 3050. Definition, p. 419, article 928, Punishment, p. 1142. article 3051. House of Refuge, p. 419, article 929. Duty of police, p. 1142, article 3052. Duty of City Attorney, p. 1142. article 3053. Idle Persons — Move on, p. 1142, article 30.54. Xot to loiter in front churclies and theatres, p. 1143, article 3054. Definition of idle and disorderly persons, p. 1143. ar- ticle 3054. Penalty, p. 1143, article 3054. Rogues and Vagabonds, p. 1144, article 30.55. Duty of police, p. 1145. article 3055. Penalty, p. 1145, article 3055. Revised Statutes — Definition of vagrants, p. 114(3. Adult, how dealt with, p. 114G. Juvenile, how dealt with, p. 114G. Who shall be reputed, etc., p. 1147. Second offence, p. 1147. Penalty for harboring, p. 1147. Valence Cemetery, p. 203, articles 416, 417. Vats, for urine or overflow, p. 657. article 1707. Vaults, cleaning, p. 1164. Vegetables, time of cleaning, p. 478. article 1176. Vehicles — Unlawful to stand on revetment at West End. p. 540. articles 1315-1316. Gongs, attached, prohibited, p. .540. articles 1317-1318 Illegal use of license plate, p. 541. articles 1319-1321. Obstructing street cars, p. .541, articles 1322-1323. Drivers using violent and insulting language, p. 541. article 1324. Standing around parks, squares, etc., prohibited, p. .565, article 1446. Without license plates, impounded, p. 670, article 1759. Without springs, unlawful to use certain streets, p. 1066, articles 2819-2820. To be numbered, p. 1147, article 3057. Cost of numbers, p. 1147, article 3058. Penalty, p. 1148, article 3059. License plates of other years, p. 1148, article 3060. Defaced numbers, p. 1148, article 3061. License plates, p. 1148, article 3062. GENERAL INDEX. 1337 Vehicles— Continued. Lamps, p. 1148, article 3063. Officers" duty, p. 1148, article 3064. Refusal to transport nierehandise, p. 1149, article 3065. What constitutes load, p. 1149, article 3066. Penalty for overloading, p. 1150, article 3068. Jurisdiction of Recorder, p. 1150, article 3069. City carts, p. 1150, article 3070. To keep to right and left, p. 1151, article 3071. Penalty, p. 1151, article 3072. Sign-boards to be posted, p. 1151, article 3073. Driving over certain bridges other than a walk, p. 1151, article 3074. Ordinance to be posted, p. 1151, article 3075. Duty of police, p. 1151, article 3076, Duty of City Surveyor, p, 1152. article 3077. Stations and Stands — First District, p. 1152, article 3078. Second District, p. 1152, article 3079. Third District, p. 11.53, article 3080. Penalty, p. 1153, article 3081. Position of stands, p. 1153, article 3082. To remove for cleaning streets, p. 1154, article 3083. 'Xot to stand on Chartres and Royal streets, p. 1154, ar- cle 3084. Stands on cross streets, p. 1154, article 3085. Duty of Chief of Police, p. 1154, article 3086. Not to remain idle on street, p. 1155, article 3087. To remove offal, p. 1155, article 3088. Penalty, p. 1155, article 3089. Rate of charges, p. 1155, article 3090. Rate from sunrise to midnight, p. 1156. article 3091, Penalty, p. 1156, aaticle 3092. To post ordinance in vehicle, p. 1156, article 3093. To drive in a walk past French Market, p. 11,56, article 3094. Position of plates, p. 1157, article 3095. Lights, p. 1157, article 3096. Following cars, p. 1157, article 3097. Stops, p. 1157, article 3098. Penalty, p. 1157, article 3099. Repealing clause, p. 1158, article 3100. Obstructing carnival processions, p. 1158, article 3101, Disturbing U. S, Courts, p. 1158. article 3102. Penalty, p. 11.58, article 3103, Prohibited on woodwork of wharves, p. 1184, article 3186. Drays, carts, etc., prohibited on wooden part of wharves, p. 1185, articles 3188-3189. Ventilation on cars, p. 706, articles 1817-1818. 1338 GENERAL INDEX. Vessels — Sale of liquors on, p. 473. articles 1158-1159. Smoking on decks in hold of, p. 559, article 1417. Mooring in front of the waterworks pipes and cribs, p. 1170. articles 3143-3146. Acts of Legislature, p. 1159. To moor where directed, p. 1185, article 3190. Penalty for refusing, p. 1185, articles 3191-3192. Vicious Dogs— At large, p. 98. article 118. Duty of Commissioner of Police and Public Buildings, p. 100, article 130. Vidangeurs — Regulating the conveying of. p. 1159, article 3104. Officers charged to enforce ordinance, p. 1159, article 3105. Dumping fecal matter, p. 1159. articles 3106-3111. Time and manner, p. 1159, article 3107. Odorless apparatus, p. 1160, article 3108. Penalty, p. 1160, article ^109. Disinfection, p. 1160, article 3110. Reinspection, p. 1160, article 3112. Boats for carrying off fecal matter, p. 1161, article 3113. Penalty, p. 1161, article 3114. Permission to Messrs. J. J. Keegan and R. B. Benton, p. 1161. article 3115. Permission to establish wharf , p. 1161, article 3116. Bond, p. 1161, articles 3117-3122. Water-tight barges, p. 1162. article 3118. •Consideration, p. 1162, article 3119. Duty of officer, p. 1162, article 3120. .Southern Boat Club, p. 1162, article 3121. ^i^uisance Wharves — At disposal of. p. 1163, article 3123. Keeping or throwing any offensive matter upon any yard, lot, etc., p. 1163, article 3124. Commissioner of Police to remove all offensive matter, p. 1164, article 3125. Act 84, of 1877 E. S., of regulating cleaning of vaults and privies, p. 1164. IVagons, for vegetables, at markets, p. 480, article 1186. Walker, Jos. A., et als., electric motor, p. 291, article 651. Walls- Construction, p. 169, articles 298-307. Party walls, p. 169, article 298. Walmsley, S. P., and associates — Franchise and right of way. telephone, p. 1124, articles 3002-3012. GENERAL INDEX. 1339 Wardens and Masters, statute, p. 499. Wards (see " City Charter "') — Precincts, boundaries, p. 158, articles 275-291. Washington Avenue Market, p. 491, articles 1231-1236. Washington Cemetery, p. 203, article 418. Washington Square — Appointing commissioners, etc., p. 623, article 1628. Watchmen, private, p. 644, article 1667. Water, stagnant, p. 394, article 865. Water supply, p. 178, article 333. Cisterns, p. 209, articles 442, 443. 500 gallons, p. 391, article 850. Owners and agents to furnish, p. 392, article 852. Waterworks — Franchise to New Orleans Waterworks Company, p. 1165, articles 3126-3132. Duty of Commissioners of Markets, p. 1168, article 3133. Xight watchmen to arrest persons opening fire plugs at night, p. 1168, article 3134. Unlawful for unauthorized persons to use water, p. 1169, article 3135. Attachment to mains, p. 1169, article 3136. Wasting, p. 1169, article 3137. Used otherwise than specified, p. 1169, article 3138. Valves or stop boxes, p. 1170, article 3139. Unlawful to keep or own keys or spanners, p. 1170, article 3140. Bathing in reservoirs prohibited, p. 1170, article 3141 . Duty of Police, p. 1170, article 3142. Vessels mooring in front of pipes prohibited, p. 1170, arti- cle 3143. Penalty, p. 1170, article 3144. Mooring vessels in front of crib prohibited, p. 1171, article 3145. Repealing clause, p. 1171, article 3146. Duty of City Attorney in suit of Conery vs. New Orleans Waterworks Company, p. 1171, article 3147. Authority to City Attorney to act, p. 1172, article 3148. Repealing clause, p. 1172, article 3149. City Surveyor to test water daily, p. 1172, article 3150. To report to Council, p. 1172, article 3151. Fifth Municipal District — Agreement with E. L. Bemis to organize Waterworks Company in Fifth District, p. 1177. article 3157. Consent of city, p. 1178, article 3159. Charges, p. 1178, article 3160. Mayor member of Board of Directors, p. 1178, article 3161. Repealing clause, p. 1178, article 3162. 1340 GENERAL INDEX. Watson. Thos. W., accepting i)roposition of. p. 661. article 1723. Weapons, in places of amusement, p. 91, articles 89-91. Weights and Measures — In markets, p. 480, article 1185. Acts of Legislature, p. 1244. Wells, unlawful to sink on bakerj^ premises, p. 134, articles 231- 233. West End revetment levee, p. 443, articles 1021-1070. Wharfingers — To remove rafts, vessels, etc.. p. 439, article 1002. To prevent injury to and obstruction of levees, p. 439, article 1006. Duty of, pp. 1179-1182, articles 3163-3164, 3174-3175. Penalty for violating or refusing to obey orders of. pp. 1180-1185, articles. 3165-3190-3192. To remove merchandise from wharves, p. 1180, article 3166. Wharves^ — Smoking on, prohibited, p. 559. article 1416. Dump, rice chaff, p. 989, articles 2627-2629. Nuisance, p. 1163, article 3123. Garbage, p. 377, article 791. Obstructions — Storing ballast, p. 1181, article 3167. Duty of Commissioner of Public Works, p. 1181. article 3168. Penalty for failure to remove, p. 1181. article 3169. Duty of contravention clerk, p. 1182, article 3170. River sand, planks, etc., p. 1182, article 3172. Unlawful to injure or damage levees, p. 1182, article 3173. Duty of wharfingers, p. 1182, article 3174. Penalty, p. 1182, article 3175. Duty of Commissioner of Commerce, p. 1182. article 3176. Removal of wai-es, p. 1183, article 3177. Notice dispensed with, when. p. 1183, article 3178. Other powers. Administration of Commerce, p. 1183, article 3179. Penalty, p. 1183, article 3180. Sheds, booths, etc., to be removed, p. 1184. article 3181. Penalty, p. 1184, article 3183. Police Regulations^ — Public dump. p. 1184. article 3184. Unlawful to deposit rice chaff, etc., p. 1184, article 3185. GENERAL INDEX. 1341 Wharves — Continued. Cabs on woodwork, p. 1184, article 3186. Guide posts, p. 1185, article 3187. Drays, carts, etc., on wooden part of, p. 1185, article 3188. Penalty, p. 1185, article 3189. Vessels to moor where directed, p. 1185. article 3190. Penalty for refusing or neglect, p. 118. article 3191. Penalty for refusing to obey orders of wharfinger, p. 1186, article 3192. Lay charges, p. 1186. article 3193. Landings — Ballast, p. 1186, article 3194. Barges, p. 1187, article 3196. Coal, p. 1187. article 3197. Consent of CounciFfor use of levee required, p. 1187, article 3198. Landing defined, p. 1187. article 3199. Lambert & Co.. Hebrard & Kea and H. 1. Mon- tagnet. p. 1188, articles 3200-3202. Denegre & Villere. Desforges, Montagnet & Co.. A. Lambert c<: Co.. p. 1188. articles 3203-3205. W. G. Coyle tt Co., C. A. Miltenberger & Co., B. D. Wood & Bros.. W. G. Wilmot & Co.. William Lee. p. 1189, article 3206. Transfer to W. G. Coyle & Co.. Jas. Sweeney. Wood. Schneidau & Co. and Fred. B. Xunn. p. 1189, ar- ticle 3207. N. O. & N. E. R. R. Co., p. 1190. article 3208. X. O. and Alabama Coal and Mining Co.. p. 1190. articles 3209-3212. La. Electric Light and Power Co.. p. 1191. articles 3213-3215. B. D. Wood tt Sons, Desforges & Jung. p. 1192, ar- ticles 3216-3218. Cotton, p. 1192, article 3219. Lugger, p. 1192. articles 3220-.3221. Lumber and timber, p. 1192. article 3222. Molasses and sugar, p. 1193, articles 3223-3224. Produce, p. 1193. articles 3225-3226. Salt. p. 1194. article 3227. Privileges — Must repair approaches, p. 1194. article 3228. Mississippi Valley Trans. Co.. p. 1194. articles 3229- 3236. Red River Packet Landing, p. 1197, article 3237. 1. C. R. R. (C. St. L. & N. O. R. R.), p. 1197, articles 3238-3244. 1342 GENERAL INDEX Wharves — Contimu d. T. & G. Forwood, p. 1200, articles 3246-3252. L. &X. R. R. Co., p. 1201, articles 3253-3261. I. C. and L. & N. R. R. Cos.. p. 1204, articles 3262- 3266. Cromwell Line, p. 1207, articles 3267-3273. N. O. Pac. R. R. Co., p. 1208, articles 3274-3275. N. O. & N^. E. R. R. Co. .p. 1209, articles 3276-3279. N. O. Elevator and Warehouse Co., p. 1212, articles 3280-3289. Wharf Lease — First, Second. Third and Fourth Districts. Advertisement, p. 1214, article 3289. Revenues, p. 1214, article 3290. Boundaries of wharves, p. 1217, article 3302. Boundaries of landings, p. 1217, article 3303. Acceptance of present condition of wharves, p. 1218,. article 3304. Repairs, p. 1219, article 3305. Quality of material, p. 1219, article 3306. Specitications for Wharves— For boats, p. 1220, article 3307. For ships, p. 1221, article 3308. For steamships, p. 1221, article 3309. Construction, p. 1222, article 3310. Additional wharves, p. 1222, article 3311. To put landings in good condition, p. 1223, article 3312, Bulkheads and revetments, p. 1223, article 3313. Electric lights, p. 1224, article 3314. Subdivisions of wharf front, p. 1224, article 3314. Landings — Steamships and sailing vessels, p. 1225, article 3315. Coal boats, 1225, article 3315. Barges, p. 1225, article 3315. Steamboats, p. 1225, article 3315. Steamships, p. 1226, article 3315. Luggers, p. 1226, article 3315. Supervision of work, p. 1226, article 3317. Commencement of work, p. 1226. article 3318. Penalty for failure, p. 1226, article 3319. Reservation of rights of city, p. 1227, article 3320. Regulations, p. 1227, article 3321. Damages, p. 1227, article 3322. Annulment of contract, p. 1227, article 3323. Release, p. 1228, article 3324. Expenditures, monthly instalments, p. 1228, article 3325. Bond, p. 1228, article 3326. GENERAL INDEX. l343 Wharf Lease — Continued. Not to sell, transfer, etc.. without consent of city, p. 1229, article 3329. Annual statement, p. 1229, article 3330. Deposit with bid, p. 1229, article 3331. Extension of special leases, p. 1230. article 3332. Surrender of contract, p. 1230, article 3333. Repealing clause, p. 1230, article 3334. Amending section 15. Ordinance .5256, C. S., p. 1230,. articles 3335-3336. Mayor authorized to sign, p. 1230, article 3337. Transfer to Louisiana Construction and Improvement Company, p. 1231, article 3338. Rates of Charges — Ships, steamships, and other docked vessels, p. 1214,. article 3291. Ships or sail vessels, p. 1215, article 3292. Steamboats, p. 1215, article 3293. Boats, p. 1215, article 3293. Barges, p. 1215, article 329-^, Flatboats and barges, p. ll' *5. article 3295. Qualifications, p. 1216, art le 3296. Charges for landing, p. 12 6, article 3297. Pirogues, p. 1216, article 3298. Towboats, p. 1216, article 3299. Vessels transporting lumber, brick, etc.. p. 1216, article 3300. Grain barges, p. 1217, article 3301. Ocean steamships, p. 1217, article 3302. Vessels in ballast, p. 1217, article 3303. Half rates to vessels in distress, p. 1226. article 3316. Fifth District- Dedication, p. 1231, article 3339. Survey of river front, p. 1231, article 3340. Construction of wharves, p. 1232, article 3241. Sixth and Seventh District Charges — Character of craft, p. 1232, article 3342. Rates per trip, p. 1232, article 3342. Rates per month, p. 1232. article 3342. Rights of lessee not impaired, p. 1233, article 3343. Lease to Geo. S. Pettit, p. 1233, article 3344. Transfer to Jas. Sweeney, p. 1233, article 3345. Privileges, p. 1233. Wheels, flat, on cars, p. 704. articles 1805-1806. Whistles, police, unlawful to blow, p. 546, article 1351. Whistles, Steam — Blowing on certain streets prohibited, p. 553, articles 1389- 1390. 1344 GENERAL INDEX. Whifetles, Steam — Continued. Blowing between certain hours prohibited, p. 554, article 1390. Unlawful for railroads to blow in certain limits, p. 698, ar- ticle 1774. Louisville & Nashville Kailroad, p. 723, article 1884. Wild animals, p. 103, articles 144-145. Wild beasts, p. 106, article 163. Windows and shutters, p. 183, article 354. Wires, electric light, p. 469, article 1139. 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